DWR SWP Read File Archive September 2010

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
September 1, 2010
Mr. Ad Kurtz
Camp Judaea Inc.
.2700 NE Expressway NE #C500
Atlanta, GA 30345
SUBJECT: Compliance Evaluation Inspection
Camp Judaea WWTP
Permit No: NCO033430
Henderson County
Dear Mr. Kurtz:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on August 26, 2010. The facility was found to be in compliance with permit
NC0033430.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Kevin White
Central Files
Asheville Files
S:\SWP\Henderson\Wastewater\Minors\Camp Judaea 33430\CE1.8-26-10.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S. Highway 70,Swannanoa, NC 28778 Nort iCarolina
Phone: [phone] FAX: [phone]\Customer Service: 1-877-623-6748 Naturally
Internet:www.ncwaterquality.orq

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United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO033430 111 121 10/08/26 117 181 CI 19I SI 20I II
Remarks
211IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111 Jill 1116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------------Reserved----------------
67I 1.0 169 701 31 711 I 721 NJ 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)
Camp Judaea WWTP
10:55 AM 10/08/26 05/12/01
US Hwy 64 E Exit Time/Date Permit Expiration Date
Hendersonville NC 28792 11.45 AM 10/08/26 10/11/30
Name(s)of Onsite Representative(s)/Tities(s)/Phone and Fax Number(s) Other Facility Data
Kevin C White/ORC/828-289-2165/
Name,Address of Responsible Official/Title/Phone and Fax Number
Ari Kurtz,2700 NE Expy NE #c500 Atlanta GA 30345//404-634-7883/ ContactedNo
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Operations&Maintenance 0 Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax ZLrs Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont.) 1
3) NCO033430 I11 12I 10/08/26 I17 18ICI \
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
FACILITY DESCRIPTION:
The Hadassah/Camp Judaea Inc. - Camp Judaea WWTP is a class II facility, rated as a 0.030 MGD
extended aeration WWTP consisting of: 7500 gallon aerated flow equalization basin with manual
bar screen, dual pumps (one grinder pump) and dual alarms; flow splitter box; 13,000 gallon and
17,000 gallon aeration basins with dual blowers providing diffused air; 2700 gallon and 3900
gallon clarifiers with skimmer and sludge returns; 2600 gallon aerobic digestor; tablet
chlorinator; 1200 gallon chlorine contact chamber; 30 degree V-notch weir and staff gauge;
tablet dechlorinator; 160 linear feet of 6-inch gravity outfall.
PERMIT/ INSPECTION/LOG:
A review of the files indicates that the last compliance evaluation inspection was
conducted on 6-18-2009 by Janet Cantwell
The permit expires on 11-30-2010. The Division received your renewal request on April 9, 2010.
The daily operator log was present on-site and had good notation of daily events, process
control and field testing data.
OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY:
Mr. Kevin White, contract ORC, and Mr. John Spiracos. assisted in the inspection and appear to
be operating and maintaining the facility very well.
The plant was not discharging at the time of the inspection. _
SYSTEM PERFORMANCE ANNUAL REPORT:
The 2009 System Performance Annual Report was received by the Division on February 4, 2010.
Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal
of the System Performance Annual Report is as follows:
The owner or operator of any wastewater treatment works or wastewater collection systems that
treats or collects primarily domestic or municipal waste, must provide an Annual Report to its
users or customers and to the Department of Environment and Natural Resources that summarizes
the treatment work's and collection system's performance over a 12 month period.
The System Performance Annual Report is due no later than 60 days after the end of the reporting
period.
Page# 2

Permit: NCO033430 Owner-Facility: Camp Judaea V ArrP
Inspection Date: 08/26/2010 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ n n 11
Is the facility as described in the permit? N 0 ❑ 0
#Are there any special conditions for the permit? (] ■ I_l ❑
Is access to the plant site restricted to the general public? ■ ❑ ❑ 0
Is the inspector granted access to all areas for inspection? ■ 0
Comment:
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ 0
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ 0 00
Judge,and other that are applicable?
Comment:
Equalization Basins Yes No NA NE
Is the basin aerated? M fQ 00
Is the basin free of bypass lines or structures to the natural environment? ■ ❑ Q
Is the basin free of excessive grease? ■
Are all pumps present? 0 ❑ 0 1=1
Are all pumps operable? 0 n 0 Q
Are float controls operable? ■ 0 Q
Are audible and visual alarms operable? ■ 0 ❑ f=1
#Is basin size/volume adequate? M
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual
b.Mechanical n
Are the bars adequately screening debris? ■ 0 ❑ fl
Is the screen free of excessive debris? ■ Q n
Is disposal of screening in compliance? M ❑ 0 0
Is the unit in good condition? N C1 El n
Comment:
Page# 3

Permit: NCO033430 Owner-Facility: Camp Judaea WWTP
Inspection Date: 08/26/2010 Inspection Type: Compliance Evaluation
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ 1=l n 0
Are surface aerators and mixers operational? Cl n ■ Cl
Are the diffusers operational? ■ n n n
Is the foam the proper color for the treatment process? ■ n n n
Does the foam cover less than 25%of the basin's surface? ■ n n n
Is the DO level acceptable? n ❑ n ■
Is the DO level acceptable?(1.0 to 3.0 mg/I)
nnn ■
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ n n n
Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ n ■ n
Are weirs level? ■ n n n
Is the site free of weir blockage? ■ n n n
Is the site free of evidence of short-circuiting? ■ n n n
Is scum removal adequate? ■ n n n
Is the site free of excessive floating sludge? ■ n ❑ n
Is the drive unit operational? n ❑ ■ n
Is the return rate acceptable(low turbulence)? ■ n n n
Is the overflow clear of excessive solids/pin floc? ■ Cl n n
Is the sludge blanket level acceptable?(Approximately'/<of the sidewall depth) ■ n n n
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ n n n
Are the tablets the proper size and type? ■ ❑ ❑ n
Number of tubes in use? 2
Is the level of chlorine residual acceptable? n n n ■
Is the contact chamber free of growth,or sludge buildup? ■ n n n
Page# 4

Permit: NC0033430 Owner-Facility: Camp Judaea VWVI-P
Inspection Date: 08/26/2010 Inspection Type: Compliance Evaluation
Disinfection-Tablet Yes No NA NE
Is there chlorine residual prior to de-chlorination? ❑ Cl ❑ M
Comment: No discharge
De-chlorination Yes No NA NE
Type of system?
Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ o ■ o
Is storage appropriate for cylinders? Q fl 0 D
#Is de-chlorination substance stored away from chlorine containers? n n
Comment:
Are the tablets the proper size and type? ■
Are tablet de-chlorinators operational? M ❑ 0 Cl
Number of tubes in use? 2
Comment: No discharge
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ ❑ 0 0
Are the receiving water free of foam other than trace amounts and other debris? ❑ n ■
If effluent (diffuser pipes are required) are they operating properly? 0000
Comment: No discharge
Page# 5

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 1, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7516 1628
Mr. Chris Braund, Town Manager
Town of Lake Lure
P.O. Box 255
Lake Lure, North Carolina 28746-0255
SUBJECT: Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215,1(a)(1)
and Collection System Permit WQCS00131
Town of Lake Lure
Lake: Lure Collection System
Case No. DV-2010-0083
Rutherford County
Dear Mr. Braund:
This letter transmits an assessment of civil penalty in the amount of$2,067.00 ($2,000.00 civil
penalty+ $67.00 enforcement costs) against the Town of Lake Lure.
This assessment is based upon the following facts: a review has been conducted of the Sanitary
Sewer Overflow(SSO) 5-Day Report submitted by the Town of Lake Lure. This review has
shown the subject facility to be in violation of the requirements found in Collection System Permit
WQCS00131 and G.S. 143-215.1(a)(1). The violation that occurred is summarized in Attachment
A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Lake Lure violated the
terms, conditions or requirements of Collection System Permit WQCS00131 and G.S. 143-
215.1(a)(1) in the manner and extent shown in Attachment A. In accordance with the maximums
established by G.S. 143-215.6A, a civil penalty may be assessed against any person who violates
the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against the Town of Lake Lure.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCaroliria
Phone: www.ncwaterquality.org
FAX:[phone] Customer Service:1-877-623-6748 �Rtura���
Internet:: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

$2,000.00 1 of 1 violation of North Carolina GS-143-215.1 and Permit#
WQCS00131 for a Sanitary Sewer Overflow of 300,000 gallons of
untreated wastewater from the collection system.
$2,000.00 TOTAL CIVIL PENALTY
$67.00 ENFORCEMENT COST
$2,067.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage; .
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the attention
of:
Pretreatment Emergency Response and Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred
or the accuracy of any of the factual statements contained in the civil penalty assessment
document. Because a remission request forecloses the option of an administrative hearing, such a
request must be accompanied by a waiver of your right to an administrative hearing and a
stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed
statement that establishes why you believe the civil penalty should be remitted, and submit it to the

vision of Water Quality at the address listed below. In determining whether a remission request
.vill be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Pretreatment Emergency Response and Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
AND
Roger C. Edwards, Regional Supervisor
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.
,c..t 6dwards
at Roge C.
Water Quality Regional Supervisor
Asheville Region
Division of Water Quality
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments
DWQ Central Files w/ attachments
PERCS Unit Enforcement Files w/attachments
Public Information Officer
'`,St�'f"•.t rit:heri frrl`•.C:olEu4trort Systenv,`.I.., ke Lmre(:.()Il ctiotr Systeiii',I)V-2010-0t)83.cioc Incia{etn P 20100.208&N(W-MIO-I)V-)30v

ATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
COUNTY OF RUTHERFORD AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
THE TOWN OF LAKE LURE ) STIPULATION OF FACTS
/ COLLECTION SYSTEM )
PERMIT NO. WQCS00131 ) FILE NO. DV-2010-0083
Having been assessed civil penalties totaling $2,067.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated September 1, 2010, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality 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-2010-0083 County: RUTHERFORD
Assessed Party: TOWN OF LAKE LURE
Permit No.: WQCS00131 Amount Assessed: $2,067.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 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:

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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
September 1,2010
Macon County
DWQ Project 070487V.2
NCSR 1521-B-C(Onion Mountain Road)
Approval of 401 Water Quality Certification with Additional Conditions
Mr. J. B. Setzer, P.E.
Division 14 Engineer
North Carolina Department of Transportation
253 Webster Road
Sylva,North Carolina, 28779
Dear Mr. Setzer:
You have our approval, in accordance with the conditions listed below,for the following impacts in two(2)unnamed
tributaries to Laurel Creek, for the purpose of making improvements by widening and paving NCSR 1521-B-C(Onion
Mountain Road) in Macon County:
Stream Impacts in the Little Tennessee River Basin
Site Permanent Fill Relocation of Permanent Temporary Total Stream
in Intermittent Perennial Fill in Impacts in Stream Impacts
Stream (linear Stream Perennial Perennial Impact Requiring
ft) (linear ft) Stream Stream (linear ft) Mitigation
(linear ft) (linear ft) (linear ft)
Site 4-Sta. 121+60 0 38 13 85 136 0
Site 7-Sta. 145+30 0 0 16 75 91 0
Total 0 38 29 160 227 0
Total Permanent Stream Impacts for Project: 29 linear ft.Total Temporary Stream Impacts for Project: 160
linear ft. Total Stream Relocation for Project 38 linear ft.
The project should be constructed in accordance with your application dated August 9, 2010 (received August 13, 2010),
including the environmental commitments made in the application letter. After reviewing your application, we have
decided that these impacts are covered by General Water Quality Certification No. 3820, corresponding to the U.S. Army
Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local
permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge
and Water Supply Watershed regulations.
This approval is valid solely for the purpose and design described in your application (unless modified below). Should
your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must
JRFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One,1,
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOl 111Ca1�011lla
Phone:: www.ncwaterquality.org
FAX:
.or 299-70431 Customer Service:1-877 623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

Mr.J. B. Setzer, P.E.
September 1,2010
Page Two
be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If
total wetland fills for this project(now or in the future)exceed one acre, or if total impacts to streams(now
or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
Condition(s) of Certification:
1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit
without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located
in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction
activities.
2. 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. In-stream work and land disturbance within the 25-foot buffer zone are prohibited during the trout-spawning
season of October 15 through April 15 to protect the egg and fry stages of trout.
6. The permittee shall use /Design Standards in Sensitive Watersheds/[15A NCAC 413.0124 (a)-(e)] in areas
draining to Trout waters. However, due to the size of the project, NCDOT shall not be required to meet 15A
NCAC 4B .0124(a) regarding the maximum amount of uncovered area. Temporary cover (wheat, millet, or
similar annual grain) or permanent herbaceous cover shall be planted on all bare soil within 15 business days
of ground disturbing activities to provide erosion control.
Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian
areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in
conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed
steep slopes with the following exceptions. Erosion control matting is not necessary if the area is contained
by perimeter erosion control devices such as silt fence, temporary sediment ditches, basins, etc. Matting L
should be secured in place with staples, stakes, or wherever possible, live stakes of native trees. Erosion

d. Setzer, P.E.
ember 1,2010
age Three
control matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge and entrap
small animals. For the establishment of temporary groundcover within riparian areas, hydroseeding along
with wood or cellulose based hydro mulch applied from a fertilizer-and limestone-free tank is allowable at the
appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood
cellulose mulch into surface waters is prohibited. Riparian areas are defined as a distance 25 feet landward
from top of stream bank.
7. Channel relocations shall be completed and stabilized, and approved on site by DWQ staff, prior to diverting
water in the new channel. Stream banks shall be matted with coir-fiber matting. Vegetation used for bank
stabilization shall be limited to native riparian vegetation, and should include establishment of a vegetated
buffer on both sides of the relocated channel to the maximum extent practicable. Also, rip-rap may be
allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide
written justification and any calculations used to determine the extent of rip-rap coverage requested. Once the
stream has been turned into the new channel, it may be necessary to relocate stranded fish to the new channel
to prevent fish kills.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
'18. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.

Mr.J. B. Setzer, P.E.
September 1,2010
Page Four
19. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
20. 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.
21. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
22. 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.
23. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
24. 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.
25. 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.
26. 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.
27. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules,'
regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having``—'
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
28. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
29. 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.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404
or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60)
days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter
150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh,N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the
Certification. Unless such demands are made,this Certification shall be final and binding.

-,. Setzer, P.E.
amber 1,2010
age 5
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500,
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: Lori Beckwith,USACE,Asheville Field Office
Mark Davis,Division 14,DEO
Ed Ingle, Roadside Environmental
Dave McHenry,NCWRC
Transportation Permitting Unit
Asheville Regional Office
070487V.2(Setzer)NCSR 1521 Onion Mtn.Road

Surface Water Protection
Asheville Regional Office
Division of Water Quality
September 2, 2010
Memorandum:
TO: John Hennessey
Wetlands and Stormwater Branch Supervisor
FROM: Roger C. Edwards, Regional Supe
Surface Water Protection
Asheville Regional Office
PREPARED BY: Susan A. Wilson, P.E.
Environmental Engineer
SUBJECT: Enforcement Recommendation
Gary Kent Property (Case No. OP-2010-005)
Madison County,NC
Enclosed is an enforcement recommendation package for the Kent Property (Gary Kent, Owner
—Bison Partnership—an unregistered entity) in Madison County,NC. Susan A. Wilson of this
Office conducted a site inspection on May 19, 2010 (along with Ed Williams of the Aquifer
Protection Section). A Notice of Violation and Recommendation for Enforcement was issued on
May 26, 2010. The Asheville Regional Office received no written response regarding the Notice
of Violation and Recommendation for Enforcement. Ms. 'Wilson conducted a follow-up site visit
on July 15, 2010 (Wayne Watkins, Division of Land Resources was also present). Mr. Kent was
present on that day. More fill had been placed in the tributary in order to establish a corral area.
Nothing has been restored or permitted as of the date of this memo. Mr. Kent gave no indication
that he planned to get the culverts/fill permitted. Ms. Wilson told Mr. Kent she would have to
proceed with an enforcement action.
The impacts have resulted in the following violations:
• Failure to Secure a 401 WQ Certification— 15A NCAC 02H .0500
• Removal of Best Usage— 15A NCAC 02B .0211(2)
DWQ has no record of past violations for Mr. Gary Kent.
..-.__....

Enforcement Costs:
Susan A. Wilson 6.3 hours @ $35.00 $220.50
Mileage 160 miles @ $0.43 /mile $ 68.80
Central Office Review and Processing $100.00
Total $389.30
Chronology of Events:
May 14 and 17, 2010 - Complaint calls received regarding Kent Property on Lee Ramsey Road
(Madison County)
May 19, 2010—Site Visit#1 - (Susan A. Wilson, SWPS and Ed Williams, APS)
Photodocumentation of culvert impacts and unauthorized streambank stabilization
No record of ACOE 404 permit(contacted ACOE after Site Visit#1)
May 26, 2010 — NOV sent to property owner of record — Mr. Gary Kent. Response deadline
date, June 15, 2010.
May 28, 2010—Certified mail receipt received
June 15, 2010 - no response to NOV received by DWQ. (Mr. Kent was e-mailed PCN and Ms.
Wilson spoke of the NOV with Mr. Kent's attorney).
June 21, 2010—complainant called back—said Mr. Kent doing more work(appeared to have put
more culverts in and filled)
July 15, 2010—Site Visit#2 (Susan A. Wilson and Wayne Watkins (DLR))
Photodocumentation of existing impacts and additional impacts. Conversation with Mr. Kent.
Ms. Wilson asked him why he had not responded to NOV. Mr. Kent became volatile and
belligerent—indicated that he did not plan to get impacts permitted (but maybe he would remove
railroad ties and replace). Ms. Wilson said she had no choice but to move forward with an
enforcement action if that was the case.
SASWP\Madison\Complaints\Kent Property-Lee Ramsey Road\En£Memo.Kent.8 2010.doe

Wetlands and Stormwater Branch —Attachment Checklist
Streams —Wetlands — Buffers —401 WQC — NCGO10000 Enforcement Cases
Regional Office d County_ e ? Case No. —
Owner i Facility -r r
Case Prepared by RO Supervisor KC Is DLR or Local Program doing a case?
Attachments Needed for RO Case File R Check ( �l
1. Enforcement Recommendation Memo R s�
2. Findings&Decisions Document R
3. Photographs(in COLOR) R
4. Vicinity/Site Map with Photo Locations R
5. DWQ NOV(s)and R V/
6. Any Response to DWQ NOV • y�j
7. Proof of Ownership/Permittee •
j 8. Proof of Corporation •
9. USACE or CAMA Correspondences • ►�J
10. 401 WQC Approval or Buffer Authorization Letter, PCN A
11. Chain of Custody, Lab data ... B
12. E&SC Plan Approval Letter C
13. Financial Responsibility/Ownership Form for E&SC Plan C
14. DLR/Local Program Inspection Report and/or NOV D
L15Any Response to DLR/Local Program NOV D t�
KEY: R Required for all Violations
• - If applicable, required for all Violations
A -Required ONLY for 401 WQC or Buffer Authorization Condition Violations
B Required ONLY for WQ Standards,Turbidity, DO, pH, etc Violations
C -Required ONLY for NCGO10000 Construction Stormwater Violations
D - If applicable, required ONLY for NCGO10000 Construction Stormwater Violations
*If DLR/Local Program is doing a case, coordination will need to occur between DWQ and DLR.

Attachments Needed Definitions
Memo addressed to Wetlands and Stormwater Branch from the RO Supervisor and Staff that
1. Enforcement recommends enforcement. This memo also summarizes the history of the site including any
Recommendation inspections, NOVs, Responses to NOVs, restoration,and current status. It also states whether the
Memo assessed entity(ies)have any previous civil penalty assessments against them and calculates the
enforcement costs.
2. Findings&' F noirtgs&Decisions Document inclu(ie�5�t`f 0 61i gs of Fact; (II)Conclusidt f Law and(III)
Decisions Decision. aft umgnt,ys, g provided templates. Also, email to the N� Ot.coy,that they
Document can make,ahy rr ss�ary cha e denr.dwg.npsacoCa-lists.ncmai1.net 4
Documents the scope of the impacts. Daft, d,any written description rd be included to
3. Photographs document when and where the photos were alien (It is recommended to copy the digital photos into
(in COLOR) Word or Power Point to add dates and descriptions). When possible,take reference photos for
comparison.
Vicinity Map indicates the landscape position of the site. This map should also depict where the photos
4. Vicinity/Site Map were taken and the direction of the photos. This is used to support the assessment and imperative to
with Photo staff unable to go to the site. (When the site is large,or has impacts at many different locations within
Locations the site, it may be necessary to have multiple maps and/or sketches to properly depict both the general
location cgf the site and the exact location of the pictures.)
DWQ NOV illustrates and details the impacts and violations on the site. This document is essential to
5. DWQ NOV(s) document the violations observed in the Findings& Decisions document(use templates!)
6. Any Response to Any Response to the DWQ NOV will be considered in the case assessment process and must be
DWQ NOV included in the packet. This may include written letters,emails, phone calls...
This documentation is needed to confirm that the appropriate'person"is being assessed,the owner of
the property. This can be a printout from Online Parcel or GIS info, or a copy of the most recent deed.
7. Proof of Ownership/ **Please note this may be different than the Financially Responsible Party indicated on an E&SC Plan
Permittee submitted to DLR.** **Please also note that the 401 WQC may be issued to someone other than the
owner and thus the permittee may not be the owner.**
This confirms correct name of the Limited Liability Corporation(LLC), Company, Registered Agent,
8. Proof of Corporation address,etc. Refer to the Secretary of State website: http://www.secretary.state.nc.us/corporations/or
appropriate State of Incorporation.
9. USACE or CAMA Has the USACE been to the site? Any USACE letters claiming jurisdictional waters, addressing
Correspondences violations, Cease and Desist Letters,any other communication,etc. must be included in the packet.
401 or Buffer Approval Letter demonstrates that the person was covered under a 401 WQC or had
10. 401 or Buffer obtained Authorization for Buffer Impacts. The PCN/Application may also be needed for
Approval Letter documentation.
Chain of Custody, Lab Data,and a map w/sample locations depicted are very important. This
11. Chain of Custody, information is necessary when demonstrating Water Quality Standard Violations. Example:Turbidity,
Lab data ... DO, pH, etc.
12. E&SC Plan Division of Land Resources(DLR)or Local Program Approval Letter demonstrates that the person was
Approval Letter covered under an NPDES Permit NCG010000,
This is a DLR document and can be found in the DLR project file. The permittee for the NCG010000
13. Financial permit is "The person who signed as the financially responsible party on the Erosion and
Responsibility/ Sedimentation Control Plan. In most cases,this will be the same as the owner, but not always.
Ownership Form for **Please be advised that a NCG010000 permit is only issued for projects greater than 1 acre, however
E&SC Plan some local programs require an E&SC Plan for projects less than 1 acre. Total disturbed area can be
confirmed on this form as well.**
Copies of these inspection reports help confirm that land disturbance has commenced,thereby
14. DLR/Local Program confirming that the NPDES NCG010000 is in effect. Violations indicated on the inspection forms help
Inspection Report confirm violations of the NPDES Permit NCG010000. NOVs confirm violations of the NPDES Permit
and/or NOV NCG010000 and confirm encounters with DENR staff.
15. Any Response to Any Response to the DLR/Local Program NOV will be considered in the case assessment process and �=
DLR/Local Program must be included in the packet.
NOV

STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF
- ENVIRONMENT AND NATURAL
COUNTY OF Madison RESOURCES
IN THE MATTER OF ) CASE NO. OP-2010-0005
Gary Kent )
FINDINGS AND DECISION
AND ASSESSMENT OF
FOR VIOLATIONS OF ) CIVIL PENALTIES
15A NCAC 02B .0211(2) and
15A NCAC 2H .0500 )
Acting pursuant to North Carolina General Statues (hereby known as G.S.) 143-215.6A, I, John
Hennessy, of the Division of Water Quality (hereby known as DWQ), make the following:
I. FINDING OF FACT
A. Gary Kent/Bison Partnership is the owner of record of PIN No. 9717087724,
located on Lee Ramsey Road in Madison County,North Carolina. Bison
Partnership is not a registered entity in the State of North Carolina.
B. On May 19, 2010, Division of Water Quality(DWQ) staff observed that multiple
culverts totaling approximately 160 linear feet(non-contiguous) and
approximately 72 linear feet of streambank stabilization and fill had occurred in
West Branch, a Class C stream in the French Broad River Basin.
C. Title 15A NCAC 2B .0211(2)requires that "The waters shall be suitable for
aquatic life propagation and maintenance of biological integrity,wildlife,
secondary recreation, and agriculture; sources of water pollution which preclude
any of these uses on either a short term or long term basis shall be considered to
be violating a water quality standard."
D. A review of DWQ files confirmed that no 401 Water Quality Certification or
Individual Permit or Certificate of Coverage to operate under a General Permit
has been issued for the impacts that have occurred on the tract.
E. Title 15A NCAC 2H .0501 requires certifications pursuant to Section 401 of the
Clean Water Act whenever construction or operation of facilities will result in a
discharge into jurisdictional waters, including wetlands, as described in 33 CFR
Part 323.

Gary Kent`
Madison County `
Page 2 of 4
F. Title 15A NCAC 2H .0502 states any person desiring issuance of the State
certification or coverage under a general certification required by Section 401 of
Federal Water Pollution Control Act shall file with the Director of the North
Carolina Division of Water Quality.
G. On May 26, 2010, DWQ Asheville Regional Office issued a Notice of Violation
and Recommendation for Enforcement(hereby known as NOV). DWQ records
indicate that the NOV was received on May 28, 2010. DWQ has not received a
written response to the NOV and the violations have not been resolved. A
subsequent site visit conducted July 11, 2010 indicated that the violations were
still in place and additional culverts/fill had been added to construct a corral.
H. The impacts occurred to West Branch, Class C waters within the French Broad
River Basin.
I. The cost to the State of the enforcement procedures in this matter totaled$399.30.
Based upon the above Finding of Fact, I make the following:
lI. CONCLUSION OF LAW
A. Mr. Gary Kent is a"person"within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212 (4).
B. West Branch, located at the site, constitutes waters of the State within the
meaning of G.S. 143-212 (6).
C. Mr. Gary Kent violated Title 15A NCAC 2B .0211(2) by impacts of
approximately 160 linear feet of culverts (3) and approximately 72 linear feet of
streambank stabilization and backfill in West Branch.
D. Mr. Gary Kent violated Title 15A NCAC 2H .0500 by installing culverts and
streambank stabilization/fill in waters without first applying for and securing a
401 Water Quality Certification.
E. Mr. Gary Kent may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(1), which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000)per violation per day may be assessed against a person
who violates any classification, standard, limitation, or management practice
established pursuant to G.S. 143-214.1, 143-214.2, or 143-215.
F. Mr. Gary Kent may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000)per violation per day may be assessed against a person

Gary Kent
Madison County
Page 3 of 4
who is required but fails to apply for or to secure a permit required by G.S. 143-
215.1 -or who violates or fails to act in accordance with the terms, conditions, or --
requirements of such permit or any other permit or certification issued pursuant to
authority conferred by this Part.
G. Mr. Gary Kent may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(6)
which provides that a civil penalty of not more than twenty-five thousand dollars
($25,000.00) per violation may be assessed against a person who violates a rule of
the Commission implementing this Part, Part 2A of this Article, or G.S. 143-
355(k).
H. The State's enforcement cost in this matter may be assessed against Mr. Kent
pursuant to G.S. 143-215.3 (a)(9) and G.S. 143B-282.1 (b)(8).
I. John Hennessy of the DWQ, pursuant to delegation provided by the Secretary of
the Department of Environment and Natural Resources and the Director of the
Division of Water Quality, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION
Accordingly, Mr. Kent is hereby assessed a civil penalty of:
$ for violations of Title 15A NCAC 2B .0211 (2) by impacts to
approximately 160 linear feet of West Branch(3 culverts) and 72
linear feet of unauthorized streambank stabilization
$ for one (1) violation of Title 15A NCAC 2H .0500 from the
placement of earthen fill and culvert installation in waters without
first applying for and securing a 401 Water Quality Certification
$ TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A
$ 389.30 Enforcement Cost
$ TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of penalty, I considered the
factors set out in G.S. 143B-282.1(b), which are:

Gary Kent'
Madison County
Page 4 of 4
(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 violations;
(2) The duration and gravity of the violations;
(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 violations were 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
Date John E. Hennessy
Division of Water Quality

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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
September 2, 2010
Mr. R. Belvin Hall
Buncombe County Schools
175 Bingham Road
Asheville, North Carolina 28806
Subject: NOTICE OF VIOLATION
NOV-2010-LM-0024
Permit No. NCO073814
North Buncombe Elementary School WWTP
Buncombe County
Dear Mr. Hall:
A review of North Buncombe Elementary School's WWTP monitoring report for May 2010 showed the
following violations:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 05/25/10 400#/100ml 820#/100ml Daily Maximum
Broth,44.5C Exceeded
Parameter Date Measuring Violation
Frequency
Nitrogen, Ammonia Total (as N) - 05/01/2010 Weekly Failure to Monitor
Concentration
Nitrogen, Ammonia Total (as N) - 05/15/2010 Weekly Failure to Monitor
Concentration
Nitrogen, Ammonia Total (as N) - 05/29/2010 Weekly Failure to Monitor
Concentration
Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments
section on the reverse of the relevant DMR provided an adequate explanation for the Fecal Coliform violation, it is not
requested that a response be submitted; however, should you have additional information concerning the violations or
comments which you wish to present, please submit them to the attention of Janet Cantwell.
If the above Ammonia Nitrogen parameter(for failure to monitor)was left off inadvertently,please send an
amended DMR to Raleigh at the address found on the front page of your DMR.
The Division of Water Quality may pursue enforcement action for this and any additional violations of State law.
If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
RPB Systems/ORC
S:1SWP BuncorribetWastewatertMinorsiNortti Bunc Elem act?73314MV-2010-1-M-0024.doc NOne
orthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www,newatercivality.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
September 2, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 1666
Mr. Joseph M. Moore, II, City Manager
City of Brevard
95 W. Main Street
Brevard, North Carolina 28712
Subject: NOTICE OF VIOLATION / NOTICE OF INTENT TO ENFORCE
NOV-2010-DV-0319
NOV-2010-DV-0320
NOV-2010-DV-0321
Permit No. WQCS00084
City of Brevard
Brevard Collection System
Transylvania County
Dear Mr. Moore:
- A review has been conducted of the Brevard Collection System's self reported Sanitary
Sewer Overflows (SSO's) 5-Day Reports submitted by the City of Brevard. This review has
shown the subject facility to be in violation of the requirements found in Collection System Permit
WQCS00084 and/or G.S. 143-215.1(a)(1). The violations that occurred are summarized below.
Area Violation Date Description Violation Type
CSO/SSO (Sewer Overflow) 08/15/2010 Sanitary Sewer Overflow Discharge
NOV-2010-DV-0319 26,203 Gallons Without Valid
Incident# 201002315 Permit
CSO/SSO (Sewer Overflow) 08/21/2010 Sanitary Sewer Overflow Discharge
NOV-2010-DV-0320 52,516 Gallons Without Valid
Incident# 201002368
Permit
CSO/SSO (Sewer Overflow) 08/14/2010 Sanitary Sewer Overflow Discharge
NOV-2010-DV-0321 35,932 Gallons Without Valid
Incident# 201002387 Permit
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCarolina
Internet: www.ncwaterquality.org ;Vaht&11�
An Equal Opportunity 1 Affirmative Action Employer 1V111-

Mr. Joseph M. Moore
September 2, 2010
Page 2
Remedial actions should be taken to correct this problem. The Division of Water
Quality is considering pursuing enforcement action for these violations.
You should address the causes of noncompliance and all actions taken to prevent the
recurrence of similar situations. Please submit in writing within ten (10) business days of receipt
of this letter a detailed account of the circumstances surrounding these SSOs and what actions
are being taken to address the causes of these SSOs. If you should have any questions,
please do not hesitate to contact Asheville Regional Staff or Janet Cantwell at 828-296-
4500.
If you have any questions regarding this policy please contact your Asheville
Regional Staff or Janet Cantwell at 828-296-4600.
Sincerely,
A;�V e. zez"
Roger C. Edwards, Supervisor
Surface Water Protection Section
Division of Water Quality
Asheville Region
Cc: DWQ Asheville Files
DWQ Central Files
PERCS Unit
Public Information Officer
David Lutz/Brevard Public Services Director
l'}'_lrau;:�-lau„tC'r,,lle<lu;nSystu,f3r :..uGi( ullectionSvswtW,No

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
September 2, 2010
Mr. Richard Canipe
Town of Spruce Pine
P.O. Box 189
Spruce Pine, North Carolina 28777
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0319
Permit No. NCO021423
Spruce Pine WWTP
Mitchell County
Dear Mr. Canipe:
A review of Spruce Pine WWTP's monitoring report for April 2010 showed the following violations:
Parameter Date Limit Value Reported Value Limit Type
Cadmium (as Cd) 04/14/2010 2 ug/I > 3 ug/I Daily Maximum
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.
Use of "greater than"values. Such values are only expected(and then only infrequently)in the reporting of Fecal
Coliform and BOD, not in the reporting for the parameter Cadmium.
Please contact Gary Francies of the DWQ Laboratory Certification Branch at 828-296-4677 for proper
laboratory reporting procedures for the parameter Cadmium.
DMRs for the Town of Spruce Pine do not have the minimum required 10 days between sampling of Cadmium.
Part Il,Section A.of your NPDES permit states 2/Month: Samples are collected twice per month with at least ten
calendar days between sampling events. Please begin using the required protocol on future DMRs.
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 8281296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Gary Francies/DWQ Lab Certification Unit
Darrell Graham/ORC
S.iSWPlMiichell\,Wastewater\Munici„al?sprtace Fins;WWTP 2142:.,NOV-2 10-I..ti-O�`19.(ic)c NorthCarolina
JUatura!!r�
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

!fC&DENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 2, 2010
Mr. Mitchell Powell
Powell Industries
P.O. Box 65
Waynesville, NC 28786
SUBJECT: Response to Notice of Violation (NOV-2010-PC-0663)
Powell Industries/Powell Wholesale
Permit No: NCG210097
Haywood County
Dear Mr. Powell:
This letter is to clarify some points with regard to the response to the NOV, submitted on your
behalf by Mr. McKay in the letter dated July 26, 2010. The Division is pleased that Powell
Industries has updated various aspects of the Stormwater Pollution Prevention Plan.
To reiterate what is required in the NCG210097 stormwater permit, analytical monitoring must be
conducted for all stormwater outfalls semi-annually as specified in Part II, Section B (pH,
Chemical Oxygen Demand (COD), Total Suspended Solids (TSS), and total rainfall). The
analytical monitoring dated June 15, 2010 did not include COD as required. Please ensure that
COD monitoring is conducted with the next analytical sampling event: Since this was not done
previously, the Division requires that analytical monitoring be conducted as soon as feasible.
Duplicate signed DMRs (summarizing the analytical monitoring, reference Part III.E.2 of the
permit) must be submitted to:
Central Files/DWQ
1617 Mail Service Center
Raleigh,NC 27699-1617
A copy of all DMRs should also be submitted to the Asheville Regional Office (see the address
listed at the bottom of this page).
A copy of the DMR form for analytical monitoring is attached with this letter(please make copies
for your future use). A copy of the Qualitative Monitoring form and guidance is also attached to
this letter for your future use(qualitative monitoring is also required semi-annually).
Location:2090 US.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 1tTOne
Internet:www.ncwaterquality.org NOrthCarohna
An Equal Opportunity t Affirmative Action Employer Agw `dr`k

Mr. Powell
September 2,2010
Page 2 of 2
The Asheville Regional Office also requests a copy of the updated site plan with designated
monitoring points to have on file for reference.
You may wish to refer to the following link if you need additional information for the stormwater
general permit for Timber Products (NCG210000), or if you need additional blank documents:
htlp://portal.ncdenr.org/web/wq/ws/sLi npdessw
Thank you for your attention to this matter. Please contact Susan A. Wilson, P.E. at(828) 296-
4665 or [e-mail], if you have any questions.
Sincerely,
J�;V4
e. �
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: Mr. McKay, P.E., P.O. Box 157, Hazelwood,NC 28738
Central Files
ARO Files
S:\SWP\Haywood\Stortnwater\NCG21Timber\Powell Industries NCG210097\Follow up NOV-2010-PC-0663.8 2010.doc

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Stormwater Discharge Outfall (SDO)
Qualitative Monitoring Report Supplement SWU-242A:
Guidance for Rating Stormwater Discharge
This supplement is intended only as a guide for rating visually observed parameters on a scale of
1-5. The inspector should use best professional judgment when characterizing the quality of
Stormwater discharge. Also, the pictures included here do not necessarily show stormwater
discharges but serve to illustrate the characteristics described.
Clarity
(1 is clear,and 5 is very opaque or cloudy)
fi
P
,
1 3 5
Floating Solids
s(1 i no solids,
ds,and 5 is the surface covered
with floatingsolids or significant
gn cant trash/debris)
1 3 5
Page 1 of 10
SWU-242A-061808

Suspended Solids
(1 is no solids,and 5 is extremely muddy or clouded with other particles)
w�
1 3 5
Tannic Water
Water naturally high in tannins in the eastern part of North Carolina may still have low amounts
of suspended solids and high clarity but not appear"clear"because of coloration. The examples
below will help rate discharges that must be observed in tannic waters.
Clear tannic water may look like tea or coffee,but waters that look more"milky" or like
"chocolate milk"have less clarity and higher suspended solids.
Suspended Solids/Clarity in waterbodies naturally high in tannins
J• _ ,t%h Yam' S£:.a� l ..,.
l II
` s
F'
i
1 / 1 3 / 3 5 / 5
Page 2 of 10
SWU-242A-061808

Example 1
IN
1. Outfall Description: Example 1 of 4
Outfall No. 001 Structure(pipe,ditch,etc.) Pipe
Receiving Stream:
Describe the industrial activities that occur within the outfall drainage area:
2. Color: Describe the color of the discharge using basic colors(red,brown,blue,etc.)and tint
(light,medium,dark)as descriptors: light brown
3. Odor: Describe any distinct odors that the discharge may have(i.e.,smells strongly of oil,weak
chlorine odor,etc.): none
4. Clarity: Choose the number which best describes the clarity of the discharge,where 1 is clear
and 5 is very cloudy:
1 2 3 4 5
5. Floating Solids: Choose the number which best describes the amount of floating solids in the
stormwater discharge,where 1 is no solids and 5 is the surface covered with floating solids:
1 2 3 O 5
6. Suspended Solids: Choose the number which best describes the amount of suspended solids in
the stormwater discharge,where 1 is no solids and 5 is extremely muddy:
1 2 4 5
Page 3 of 10
SWU-242A-061808

Example 1 of 4,cont.
Possibly small amount of
7. Is there any foam in the stormwater discharge? Yes No foam near pipe outlet.
8. Is there an oil sheen in the stormwater discharge? Yes No
9. Is there evidence of erosion or deposition at the outfall? S
No Deposition of sand to the
right of pipe outlet.
10. Other Obvious Indicators of Stormwater Pollution:
List and describe N!A
Page 4 of 10
SWU-242A-061808

Example 2
1. Outfall Description: Example 2 of 4
Outfall No. 001 Structure(pipe,ditch,etc.) Ditch
Receiving Stream:
Describe the industrial activities that occur within the outfall drainage area:
2. Color: Describe the color of the discharge using basic colors(red,brown,blue,etc.)and tint
(light,medium,dark)as descriptors: medium oray-green
3. Odor: Describe any distinct odors that the discharge may have(i.e.,smells strongly of oil,weak
chlorine odor,etc.): none
4. Clarity: Choose the number which best describes the clarity of the discharge,where 1 is clear
and 5 is very cloudy:
1 O 3 4 5 Note in lower right corner of picture,leaf
shadow is visible on the bottom of outlet.
Clarity decreases beyond outlet.
5. Floating Solids: Choose the number which best describes the amount of floating solids in the
stormwater discharge,where 1 is no solids and 5 is the surface covered with floating solids:
1 O 3 4 5 Floating solids observed here are mostly
tree debris that fell in after discharge.
6. Suspended Solids: Choose the number which best describes the amount of suspended solids in
the stormwater discharge,where 1 is no solids and 5 is extremely muddy:
Solids have.settled out near outfall and are
1 O 3 4 5 more"dissolved"out in the water near the
top of the picture(where water appears
more gray). At the outlet,there are not any
swirls,clouds,or suspended particles.
Page 5 of 10
SWU-242A-061808

Example 2 of 4,cont.
7. Is there any foam in the stormwater discharge? Yes No
8. Is there an oil sheen in the stormwater discharge? Yes No
9. Is there evidence of erosion or deposition at the outfall? Yes No
10. Other Obvious Indicators of Stormwater Pollution:
List and describe Some displacement of gravel and sediment observed at the outfall. Also,lots of solids
that have settled The water becomes more turbid/cloudy beyond the outfall(i.e.,clarity decreases).
Evidence of excessive solids being carried into receiving water.
This example illustrates how additional information in number 10. can be
important to characterizing stormwater discharge impacts.
Page 6 of 10
SWU-242A-061808

Example 3
1. Outfall Description: Example 3 of 4
Outfall No. 001 Structure(pipe,ditch,etc.) Pipe
Receiving Stream:
Describe the industrial activities that occur within the outfall drainage area:
2. Color: Describe the color of the discharge using basic colors(red,brown,blue,etc.)and tint
(light,medium,dark)as descriptors: medium brown/tan
3. Odor: Describe any distinct odors that the discharge may have(i.e.,smells strongly of oil,weak
chlorine odor,etc.): oily smell
4. Clarity: Choose the number which best describes the clarity of the discharge,where 1 is clear
and 5 is very cloudy:
1 2 3 O 5
5. Floating Solids: Choose the number which best describes the amount of floating solids in the
stormwater discharge,where 1 is no solids and 5 is the surface covered with floating solids:
1 2 3 O 5 Rating based on amount of scum/ail
covering surface,not tree debris.
6. Suspended Solids: Choose the number which best describes the amount of suspended solids in
the stormwater discharge,where 1 is no solids and 5 is extremely muddy:
1 2 3 4 5
Page 7 of 10
SWU-242A-061808

Example 3 of 4,cont.
7. Is there any foam in the stormwater discharge? Yes No
8. Is there an oil sheen in the stormwaterdischarge? S
No
9. Is there evidence of erosion or deposition at the outfall? Yes No
10. Other Obvious Indicators of Stormwater Pollution:
List and describe Oil and scummy substance floating on top. Dead duck found.
Page 8 of 10
SWU-242A-061808

Example 4
v
"bx
w£
r�
"3^w
1. Outfall Description: Example 4 of 4
Outfall No. 001 Structure(pipe,ditch,etc.) Pipe
Receiving Stream:
Describe the industrial activities that occur within the outfall drainage area:
2. Color: Describe the color of the discharge using basic colors(red,brown,blue,etc.)and tint
(light,medium,dark)as descriptors: clear
3. Odor: Describe any distinct odors that the discharge may have(i.e.,smells strongly of oil,weak
chlorine odor,etc.): none
4. Clarity: Choose the number which best describes the clarity of the discharge,where 1 is clear
and 5 is very cloudy:
O 2 3 4 5
5. Floating Solids: Choose the number which best describes the amount of floating solids in the
stormwater discharge,where 1 is no solids and 5 is the surface covered with floating solids:
O 2 3 4 5
6. Suspended Solids: Choose the number which best describes the amount of suspended solids in
the stormwater discharge,where 1 is no solids and 5 is extremely muddy:
O 2 3 4 5
Page 9 of 10
SWU-242A-061808

Example 4 of 4,cont.
7. Is there any foam in the stormwater discharge? Yes No
8. Is there an oil sheen in the stormwater discharge? Yes No
9. Is there evidence of erosion or deposition at the outfall? Yes No
10. Other Obvious Indicators of Stormwater Pollution:
List and describe N/A
Page 10 of 10
SWU-242A-061808

CIA
NffiENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 7, 2010
Rob Evans
NC Plant Conservation Program
1321 Mail Service Center
Raleigh,NC 27699
Subject: Request for More Information
401 Water Quality Certification
Ochlawaha Bog Restoration
DWQ Project# 10-0599
Henderson County
Response deadline: October 11,2010
Dear Mr. Evans:
The Division of Water Quality(DWQ)has performed a preliminary review of a 401 Water Quality Certification
'`application submitted for the above referenced property. Additional information will be required in order to
'complete the review process.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. A properly completed Agent Authorization Form
Please provide your response in writing to the addresses below prior to October 11, 2010. Four copies of the
required information should be provided to the 401 Permitting Unit at:
Ian McMillan
401 Permitting Unit
1650 Mail Service Center
Raleigh,NC 27699-1650
and a single copy to the Asheville Regional Office at:
Chuck Cranford
Surface Water Protection Section
2090 US HWY 70
Swannanoa,NC 28778
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 One
Internet:www.ncwaterqualfty.org NorthCarolina
An Equal Opportunity i Affirmative Action EmployerI' �" ''++�

Rob Evans
September 7,2010
Page 2 of 2
If we do not hear from you by the deadline,we will assume that you no longer want to pursue this project
we will consider the project withdrawn.
This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application are not
authorized(at this time)by the DWQ. Please call Chuck Cranford 828-296-4664, if you have any questions.
Sincerely,
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
ARO File copy
S:\SWP\Henderson\401s\Non-DOT\Ochlawaba Bog\ADDINF0.9-3-10.doc

AreiA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
September 7,2010
Gregory Taveras
IMERYS Ceramics
8342 South 226 Bypass
Post Office Box 309
Spruce Pine,North Carolina 28777
SUBJECT: NOTICE OF VIOLATION
NOV-2010-SS-0047
Stream Standard Violation-Turbidity
Mitchell County
Dear Mr. Taveras:
On April 13,2010, staff of Imerys contacted the Division of Water Quality to report an incidental discharge
of approximately 1,000 gallons of stormwater from an erosion control facility on-site. Division of Water
Quality ambient monitoring staff were in the area at the time and documented the following turbidities:
= Downstream(Penland Bridge) 14:10 140 ntu
Downstream(Penland Bridge) 14:20 140 ntu
Upstream(of KT Feldspar Facility) 14:55 3.8 ntu
These results show a violation of downstream water quality standards(turbidity) 15A NCAC 02B .0211
(3)k which states that the turbidity in the receiving water shall not exceed 10 Nephelometric Turbidity Units
(NTU) in streams, lakes or reservoirs designated as trout waters.
Thank you for your attention to this matter. Should you have any questions regarding these matters, please
contact Kevin Barnett at(828)296-4657.
Sincerely,
Roger C. Edwards,Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
SASWPNitchell\Stormwater\NCG02 Mining\ImerysCeramics\NOV2010SS0047.turbidity.09,07.2010.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarolina
Phone:: www.ncwaterqualiV.org
e1 FAX:[phone] Customer Service;1-877 623-6748 ����N��/�
Internet: www.ncwaterquality.org Naturally
An Equal Opportunity 1 Affirmative Action Employer

RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
September 7, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 1680
Mr. Tellis E. Benfield and Mrs. Louise H. Benfield
3115 Bedford Avenue
Morganton,North Carolina 28655
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Benfield Property
NOV-2010-SS-0046
Stream Standard Violation - Other Waste (In-stream sediment)
Removal of Best Usage
Burke County
Response deadline: September 28, 2010
Dear Mr. and Mrs. Benfield:
On August 30, 2010, Kevin Barnett from the Asheville Regional Office of the Division of Water
Quality(DWQ) conducted a site inspection for the Benfield Property along Connelly Road in
Burke County.
Stream standards violations were noted during the inspection and file review. Channel excavation
and stream dewatering impacts to an un-named tributary to Silver Creek(Class C waters) were
documented constituting stream standard violations. During the site inspection, it was determines
that in excess of 100 linear feet of channel had been excavated, that an in-line impoundment had
been created, and that the overflow from the impoundment was being routed over to a parallel
channel, leaving the primary channel in a dewatered state.
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 Silver Creek (Class C water) was
impacted by channel excavation below the natural stream bed, throughout the stream reach,
representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f).
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 2877$ NorthCarolina
Phone:: www.ncwaterquality.org
FAX:[phone] Customer Service:1-877 623 674$ �aturatl�
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

Benfield Property
September 7,2010
Page 2 of 3
II. Removal of Best Usage— 15A NCAC 02B.0211 (2)—Greater than 100 feet of an un-
named tributary of Silver Creek(Class C waters) was impacted by dewatering,representing
Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2).
REQUIRED RESPONSE
This Office requests that you respond in writing by close of business, September 28, 2010. 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)
a. Please explain when construction(excavation, grubbing, and clearing) began at the
site.
b. Please provide a map that exactly details the jurisdictional waters on the tract. This
map should indicate all of the jurisdictional waters on the tract as well as the areas
that have been impacted, both on and off site. This information must be clearly
depicted on a map that you provide as a part of this response.
r-,
C. Please submit a Plan for the restoration of the waters on-site (Restoration Plan)to
this office for review and approval. The Restoration Plan must address return of
flow to the currenly bypassed un-named tributart to Silver Creek. The Restoration
Plan must be submitted to the Division of Water Quality for review and approval
prior to implementation. You are encouraged to secure an environmental consultant
experienced in stream restoration to assist you with your plan development, permit
application and authorization necessary to achieve compliance. It is recommended
that your consultant contact 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 impacted jurisdictional waters will be restored.
• A proposed schedule with dates that indicate when you expect to begin and
complete the required work.
• A diagram of the stream channel, referenced with photo documentation of
impacts.
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.

Ay
,2010
5
II. Removal of Best Usage— 15A NCAC 02B.0211 (2)
a. Please explain why these impacts occurred without prior authorization.
b. Please provide documentation(including a detailed site map/survey) depicting all
jurisdictional water features (e.g. streams, wetlands, buffers) on the site. This
documentation should describe and quantify the impacts to those jurisdictional
features, and should include plans to avoid further stream and wetland impacts on
the site.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Kevin Barnett at(828) 296-4657.
Sincerely,
` Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
Division of Land Resources
Burke County Planning
S:\S WP\Burke\Complaints\BenfieldPropertyW OV2010SS0046.Benfield.09-07-2010.doc

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
September 7, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 1673
Mr. Samuel James Avery
Habitat for Humanity of Burke County, Inc.
115 Riverside Court
Morganton,North Carolina 28655
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Habitat For Humanity Project at Benfield Ave.
NOV-2010-SS-0045
Stream Standard Violation- Other Waste (In-stream sediment)
Burke County
Response deadline: September 28, 2010
Dear Mr. Avery:
On August 30, 2010, Kevin Barnett from the Asheville Regional Office of the Division of Water
Quality(DWQ)conducted a site inspection for the Habitat for Humanity project located at the end
of Benfield Ave. in Burke County.
Stream standards violations were noted during the inspection and file review. Sediment impacts to
an un-named tributary to Silver Creek (Class C waters) were documented constituting a stream
standard violation. Sediments exceeding six inches in depth were measured in the un-named
tributary to Silver Creek in excess of 200 linear feet of channel
VIOLATIONS
I. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211
(3)f- Greater than 200 linear feet of an and un-named tributary to Silver Creek(Class C
waters) was impacted by sediment deposition greater than 6 inches throughout the stream
reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3)
(f?•
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:: www.8-45001 FAX:
.or 299-70431 Customer Service:1-877 623 6748 �� �N����
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

Habitat for Humanity of Burke County,Inc.
September 7,2010
Page 2 of 3
REQUIRED RESPONSE
This Office requests that you respond in writing by close of business, September 28, 2010. 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)
a. Please explain when construction(excavation, grubbing, and clearing) began at the
site.
b. Please provide a map that exactly details the jurisdictional waters on the tract. This
map should indicate all of the jurisdictional waters on the tract as well as the areas
that have been impacted, both on and off site. This information must be clearly
depicted on a map that you provide as a part of this response.
c. Please submit a Sediment Removal Restoration Plan (Restoration Plan)to this
office for review and approval. The Restoration Plan must address removal of the
accumulated sediment from the un-named tributary to Silver Creek. The
Restoration Plan must be submitted to the Division of Water Quality for review and
approval prior to implementation. You are encouraged to secure an environmental
consultant experienced in stream restoration to assist you with your plan
development, permit application and authorization necessary to achieve compliance.
It is recommended that your consultant contact Kevin Barnett of the Asheville
Regional Office for additional guidance during restoration plan development. The
Restoration Plan should include the following:
• A narrative explaining how sediment will be removed and how impacted
jurisdictional waters will be restored.
• A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
• A diagram of the stream channel, referenced with photo documentation of
sediment impacts.
• A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standards are not exceeded.
d. Once the Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream including photographic documentation
should be submitted to Kevin Barnett.

,inanity of Burke County,Inc.
2010
3
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Kevin Barnett at(828) 296-4657.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
Division of Land Resources
Burke County Planning
S:\S WP\Burke\Complaints\HabitatforHumaity.BenfieldAve\NOV2010ss0045.HabitatforHumanity.09-07-201 Moe

F;:
/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
September 7, 2010
Joel Harris
2587 Sunny Point Road
Murphy,North Carolina 28906
Subject: Resolution to Non-Compliance
Harris Property
Cherokee County
Dear Mr. Harris:
On September 1, 2010, Kevin Barnett of the Division of Water Quality, along with Mr. David
McHenry of the NC Wildlife Resources Commission, inspected your property located along
Sunny Point Drive west of Murphy,to determine compliance with the previous inspection and
corrective action request of Ms. Linda Wiggs.
At the time of inspection, the excavated channel had no significant accumulations of sediment
and riparian wetland vegetation had begun to re-establish.
At this time, this office has determined that your site is in compliance with Water Quality
regulations. You are encouraged to contact this office prior to any future land developing
activities that contain waters to address possible issues up front.
Should you have any questions, please do not hesitate to contact Ms. Linda Wiggs at 828-296-
4653 or Kevin Barnett at 828-296-4657.
Best regards,
Roger . Edwards, Supervisor
Asheville Regional Office
Division of Water Quality - Surface Water Protection
William Sabine, 30 Pinewood Drive, Murphy,North Carolina 28906
S:\SWP\Cherokee\Complaints\Joel Harris Property\LTR.Joel Harr isProperty.09-07-2010.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCaro ina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-62�-6748
Internet: www.ncwaterqual4.org Natura!!rf
An Equal Opportunity 1 Affirmative Action Employer

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
3everly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 8, 2010
Mr. Tom Hartye, P.E., General Manager
MSD of Buncombe County
2028 Riverside Drive
Asheville,NC 28804
Subject: 401 Water Quality Certification -Approval
PRP 64001 —Old Home Sewer
DWQ Project# 10-0631
Buncombe County
FRB02/UT Beaverdam/ 6-82/C
Dear Mr. Hartye:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
.pproval has been granted to place fill within or otherwise impact 40 feet of stream for the purpose of sewer
rehabilitation at the subject property. This approval requires you to follow the conditions listed in the
attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3819, This Certification allows
you to use Nationwide Permit 12 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control 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 40 (feet) Plan Sheets 1-5 PRP 64001
and PCN Application
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 1�TO.ne
Internet:www.ncwaterquality.org N&thCarohna
An Equal Opportunity 1 Affirmative Action Employer Nahmally

Mr.Hartye
September 8,2010
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.
The Division reminds MSD that work should be conducted "in the dry", as specified in Condition 6 of Water
Quality Certification No. 3819, attached with this approval.
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,
Coleen H. Sullins, Director
CHS/saw
Enc: GC3819
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit-Central Office
Mike Stamey, P.E., MSD Buncombe County, 2028 Riverside Dr., Asheville,NC 28804
File Copy
S:\SWP\Buncombe\401s\Non-DOT\MSD Weaverville Hwy Utility line\APRVL.PRP64001 Old Home Sewer.09 2010.doc

FA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 8, 2010
Ms. Vickie Turbyfill
Avery Development Corporation
P.O. Box 326
Newland, North Carolina 28657
Subject: NOTICE OF VIOLATION
NOV-2010-LM-0026
Permit No. NCO033685
Mountain Glen Golf Club WWTP
Dear Ms. Turbyfill Avery County
A review of Mountain Glen Golf Club's WWTP monitoring report for May 2010 showed the following
violations:
Parameter Date Limit Value Reported Value Limit Type
pH 05/03/2010 9 su 10 su Daily Maximum Exceeded
Parameter Date Measuring Violation
Frequency
pH Week ending 05/15/2010 Weekly Failure to Monitor
pH Week ending 05/22/2010 Weekly Failure to Monitor
pH Week ending 05/29/2010 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. Additionally,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. Edwards, Regional Supervisor
cc: DWQ Asheville Files Surface Water Protection Section
- DWQ Central Files
Water Quality Lab & Operations/ORC
S:\F3VVPtAverytwastowater\Minors\Mountairi Glen Golf Club 336811 NOV 2010-LM-0025 doc N'AhCarolina
,Natura!!r�
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
.....---_.... .

m
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 8, 2010
Mr. Lee H. Clippard, Mayor
City of Saluda
P.O. Box 248
Saluda, North Carolina 28773-0248
Subject: NOTICE OF VIOLATION
NOV-201 0-MV-01 19
Permit No. NCO028975
Saluda WWTP
Dear Mayor Clippard: Polk County
A review of Saluda WWTP's monitoring report for April 2010 showed the following violation:
Parameter Date Measuring Violation
Frequency
Temperature Week ending 04/03/2010 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,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental
S:1SWP\PolklWastewater\Municipal\Saluda WWTP 28975%NOV-2010-MV-0119.doc NorthCarolina
Nawrallrk
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 1-877-623-6748

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iriCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
September 8, 2010
Mr. Aubrey L Deaver
A&D Water Service, Inc.
PO Box 1407
Pisgah Forest, NC 28768-1407
Subject: NOTICE OF VIOLATION
NOV-2010-PC-1009
Compliance Sampling Inspection
Sapphire Lakes Plant WWTP #1
Permit No. NCO059421
Transylvania County
Dear Mr. Deaver:
Enclosed please find a copy of the Inspection Report from the inspection conducted on August
24, 2010. The treatment facility was found to be in violation of Permit NCO059421 for the following:
- Review of the self-monitoring reports revealed the following violation:
Parameter Date Limit Value Reported Value Limit Type
Fecal Coliform August 24, 2010 400 col/100 ml >2000 col/100 ml Daily Maximum
Please refer to the enclosed Inspection Report for any additional observations and
comments.
To prevent further action, carefully review these violations and deficiencies and respond in
writing to this office within fifteen (15) working days of receipt of this letter. You should address the
causes of noncompliance and all actions taken to prevent the recurrence of similar situations. If you
should have any questions, please do not hesitate to contact Wanda Frazier at 828-296-4662.
Sincerely,
Ro er C.9 Edwards Regional Supervisor
9 p
Attachment Surface Water Protection Section
cc: DWQ ARO, w/attachment
WQ Central Files w/attachment
S:\SWP\Transylvania\Wastewater\Minors\Sapphire Lakes WWTP#1 59421\NOV-2010-PC-1009 CE1.8-24-10.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 ;VaAmgllf
Internet:www.ncwaterouality.org

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 15I 31 NCO059421 111 121 10/08/24 117 181 SI 19I SI 20�II
Remarks
21111111111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII6
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------------Reserved-----------------
671 1.0 169 70I 3 I 71 I I 72 INI 73I I 174 75I I I I I I I 180
Section B: Facility Data �I
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
Sapphire Lakes Plant WWTP #1
11:30 AM 10/08/24 07/11/01
1600 US Hwy 64 w Exit Time/Date Permit Expiration Date
Sapphire NC 28774
12:45 PM 10/08/24 12/08/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Gary Dennis Norton/ORC/828-891-7779/
Name,Address of Responsible Official/Title/Phone and Fax Number
Aubrey L Deaver,PO Box 1407 Pisgah Forest NC Contacted
287681407//828-884-9772/8288848632 No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Operations&Maintenance 0 Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
J
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
a Q
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

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Permit: NCO059421 Owner-Facility: Sapphire Lakes Plant VWVrP#1
Inspection Date: 08/24/2010 Inspection Type: Compliance Sampling
PERMIT/ INSPECTION /LOG:
A review of the files indicates that the last compliance evaluation inspection was
conducted on 2-14-2007 by Wanda Frazier.
The permit expires on 8-31-2012. Please request a permit renewal 6 months prior to expiration.
A renewal notice will be mailed as a reminder.
TREATMENT UNITS/PROCESS CONTROL TESTING DATA:
The activated sludge aeration basin process control data was as follows:
Settleable Solids = 300 ml/I = 30%
FLOW MEASUREMENT:
The effluent flow meter was last calibrated on December 2009.
OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY:
Mr. Aubrey Deaver and Mr. Mike Walker assisted in the inspection.
Effluent samples were taken during the inspection. The following lab results were reported.
BOD = 5.2 mg/I
TSS = 23 mg/I
Fecal coliform = > 2000 colonies/ 100 ml --- The chlorine tablets had swollen in the
dispenser and were not in contact with the wastewater flowing through the unit. Mr. Deaver
shook the tablets down so that contact was made with the wastewater.
SYSTEM PERFORMANCE ANNUAL REPORT:
The 2009 System Performance Annual Report was received by the Division on 2-15-2010.
Page# 3

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Permit: NCO059421 Owner-Facility: Sapphire Lakes Plant WWTP#1
Inspection Date: 08/24/2010 Inspection Type: Compliance Sampling
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ ❑ n
Are surface aerators and mixers operational? f_I n ■ o
Are the diffusers operational? ■ Cl ❑ 0
Is the foam the proper color for the treatment process? ■ ❑ 0
Does the foam cover less than 25%of the basin's surface? ■ ❑ ❑ n
Is the DO level acceptable? ❑ 0 0 ■
Is the DO level acceptable?(1.0 to 3.0 mg/1) n 0 ❑ ■
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ 0 Q n
Is the site free of excessive buildup of solids in center well of circular clarifier? fl ❑ ■ n
Are weirs level?
■ nnn
Is the site free of weir blockage?
■ nrin
Is the site free of evidence of short-circuiting? ■ 0 0 fl
Is scum removal adequate? ■ ❑ 0 0
Is the site free of excessive floating sludge? ■ 11
Is the drive unit operational? 0 0 ■ n
Is the return rate acceptable(low turbulence)? ■ 0 ,0 n
Is the overflow clear of excessive solids/pin floc? ■ 0 Q 1=1
Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ■ 0 D 0
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ ❑ 0 fl
Are the tablets the proper size and type? ■ ❑ ❑ n
Number of tubes in use? 1
Is the level of chlorine residual acceptable? ■ ❑ n n
Is the contact chamber free of growth, or sludge buildup? ■ 000
Page# 5

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740
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la
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
September 8, 2010
Mr. Jeffery V. Morse
Town of Valdese
PO Box 339
Valdese NC 28690
SUBJECT: Compliance Evaluation Inspection
Lake Rhodiss WWTP
Permit No: NCO041696
Burke County
Dear Mr. Morse:
Enclosed please find a copy of the Compliance Evaluation Inspection conducted
on July 22, 2010. No violations of permit requirements or applicable regulations were
observed during this inspection. The facility appeared to be in Compliance with permit
NC0041696.
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 nzel
Environmental Specialist
Enclosure
cc: Greg A Padgett, ORC
Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 o hCarolina
Internet:www.ncwaterauality.orq atj�j'q��
S:\SWP\Burke\Wastewater\Municip" alWaldese WWTP 41696\41696 CEI 2010.doc

United States Environmental Protection Agency
EPA Washington,D.C.20460 Form Approved.
OMB No.2040-0057
Water Compliance inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 INI 2 IsI 31 N00041696 ( 11 12[ 10/07/22 117 18ICI 191SI 20IU
�-J Remarks
211111 I III II II I I II I1111111 1111 1111 1111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved----------------------
67 69 70U 711 I 721 NI 73I I '74 751 I I I I I I 180
u Section B: Facility Data �__�__I
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
Lake Rhodiss WWTP
09:30 AM 10/07/22 06/12/01
2100 Lake Rhodhiss Dr Exit Time/Date Permit Expiration Date
Valdese NC 28690 11:00 AM 10/07/22 10/02/28
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Greg A Padgett/ORC/828-879-2131/
Name,Address of Responsible Official/Title/Phone and Fax Number
Jeffery V Morse,PO Box 339 Valdese NC 28690//828-879-2120/ Contacted
No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit N Flow Measurement Operations&Maintenance 0 Self-Monitoring Program
Sludge Handling Disposal N Facility Site Review Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector Agency/Office/Phone and Fax Numbers Date
Jeff Menzel ARO WQ//828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type 1
3� NCO041696 I11 121
10/07/22 117 18UC
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
The plant appears to be operating well. No violations of permit requirements or applicable regulations were
observed during this inspection.
Page# 2

Permit: N00041696 Owner-Facility: Lake Rhodiss WWTP
Inspection Date: 07/22/2010 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 ■ ❑ Cl ❑
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? 0 ❑ ❑ ❑
#Are there any special conditions for the permit? ❑ ❑ 0 ❑
Is access to the plant site restricted to the general public? 0 ❑ ❑ Cl
Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual ❑
b.Mechanical
Are the bars adequately screening debris? N ❑ ❑ ❑
Is the screen free of excessive debris? 0 ❑ ❑ ❑
Is disposal of screening in compliance? M ❑ ❑ ❑
Is the unit in good condition? N ❑ ❑ ❑
Comment: The unit was in operation at the time of inspection.
Primary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ❑ ❑ N ❑
Is the site free of excessive buildup of solids in center well of circular clarifier? ■ ❑ ❑ ❑
Are weirs level? N ❑ ❑ ❑
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? ❑ ❑ f1
Is the drive unit operational? ❑ ❑ ❑
' Is the sludge blanket level acceptable? ❑ ❑ ❑
Page# 3

Permit: NCO041696 Owner-Facility: Lake Rhodiss WWTP
Inspection Date: 07/22/2010 Inspection Type: Compliance Evaluation
Primary Clarifier Yes No NA NE
Is the sludge blanket level acceptable?(Approximately%a of the sidewall depth) Q ❑ Q m
Comment:
Aeration Basins Yes No NA NE
Ext.Air
Mode of operation
Surface
Type of aeration system
Is the basin free of dead spots? 0 ❑ ❑
Are surface aerators and mixers operational? ❑ ❑ Q
Are the diffusers operational? Q E 0
11
Is the foam the proper color for the treatment process. ❑ Q
Does the foam cover less than 25%of the basin's surface? N Q ❑ 0
Is the DO level acceptable? ❑ 0 Q
Is the DO level acceptable?(1.0 to 3.0 mg/1) Q
Comment:
Yes No NA NE
Secondary Clarifier
Is the clarifier free of black and odorous wastewater? 0 n ❑ Q
Is the site free of excessive buildup of solids in center well of circular clarifier? 0 Q Q
Are weirs level? 0 Q Q Q
Is the site free of weir blockage? 0 n Q Q
Is the site free of evidence of short-circuiting? O Q
Is scum removal adequate? ❑ ❑ 0
Is the site free of excessive floating sludge? 0 Q n
Is the drive unit operational? ❑ 0
Is the return rate acceptable(low turbulence)? n ❑ 0
Is the overflow clear of excessive solids/pin floc? 0 ❑ 0
Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ❑ 0 ❑ N
Comment: The clarifers were producing clear water at the time of inspection.
Disinfection-Gas Yes No NA NE
Are cylinders secured adequately? O 0
Are cylinders protected from direct sunlight? 0
Is there adequate reserve supply of disinfectant? 0 013
Page# 4

Permit: NCO041696 Owner-Facility: Lake Rhodiss WWTP
Inspection Date: 07/22/2010 Inspection Type: Compliance Evaluation
Disinfection-Gas Yes No NA NE
Is the level of chlorine residual acceptable? ■ ❑ ❑ ❑
Is the contact chamber free of growth,or sludge buildup? ■ ❑ ❑ ❑
Is there chlorine residual prior to de-chlorination? ■ 0 ❑ [I
Does the Stationary Source have more than 2500 Ibs of Chlorine(CAS No.7782-50-5)? ❑ ❑ ■ ❑
If yes,then is there a Risk Management Plan on site? ❑ ❑ ❑ 0
If yes,then what is the EPA twelve digit ID Number?(1000- - ) 0000 4719
If yes,then when was the RMP last updated?
Comment:
De-chlorination Yes No NA NE
Type of system? Gas
Is the feed ratio proportional to chlorine amount(1 to 1)? ■ ❑ ❑ ❑
Is storage appropriate for cylinders? ■ ❑ ❑ 0
#Is de-chlorination substance stored away from chlorine containers? ■ ❑ ❑ ❑
Comment:
Are the tablets the proper size and type? ❑ ❑ ■ ❑
Are tablet de-chlorinators operational? ❑ ❑ ■ ❑
Number of tubes in use?
Comment:
Effluent Sampling Yes No NA NE
Is composite sampling flow proportional? ■ ❑ ❑ 0
Is sample collected below all treatment units? ■ ❑ ❑ ❑
Is proper volume collected?
■ ❑ ❑ ❑
Is the tubing clean? ■ ❑ ❑ ❑
#Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ ❑ ❑ ❑
Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ■ ❑ ❑ ❑
Comment:
Flow Measurement-Effluent Yes No NA NE
#Is flow meter used for reporting? ■ ❑ ❑ ❑
Is flow meter calibrated annually? ■ ❑ 110
Is the flow meter operational? ■ ❑ ❑ ❑
Page# 5

Permit: NC0041696 Owner-Facility: Lake Rhodiss VWUTP
Inspection Date: 07/22/2010 Inspection Type: Compliance Evaluation
Flow Measurement-Effluent Yes No NA NE
(If units are separated)Does the chart recorder match the flow meter? 0 Q 0 0
Comment:
Yes No NA NE
Effluent Pipe
Is right of way to the outfall properly maintained? Q 0 M
Are the receiving water free of foam other than trace amounts and other debris? M
If effluent (diffuser pipes are required) are they operating properly? ❑ 0 0 0
Comment: The outfall is diffused at the bottom of Lake Rhodhiss.
Page# 6

FRYA
ifCLDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director
Secretary
September 8, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 1697
Mr. Chris Braund, Town Manager
Town of Lake Lure
P.O. Box 255
Lake Lure, North Carolina 28746-0255
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 NCO025381
Town of Lake Lure
Lake Lure WWTP
Case No. LV-2010-0303
Rutherford County
Dear Mr. Braund:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$817.00
($750.00 civil penalty+ $67.00 enforcement costs) against the Town of Lake Lure.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the Town of Lake Lure 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 NC0025381. 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 Lake Lure violated the
terms, conditions or requirements of NPDES Permit NCO025381 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 Lake Lure:
NorthCarolina
�aturallr�
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S. Highway 70,Swannanoa, NC 28778
Phone: [phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwateraualitv.orq A�

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NCO025381, 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.
$75-0.00 NCO025381, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N- Conc.
$750.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$817.00 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

,earing 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
5a,5t\1'':Ptd}zc#�ItiAk I I Ac fur.I'M I P 53,8 V.IN 20W-0.0 �1,1(:

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2010-0303 County: Rutherford
Assessed Party: The Town of Lake Lure
Permit No.: NC0025381 Amount Assessed: $817.00
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 aresult 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 LAKE LURE )
PERMIT NO. NCO025381 ) FILE NO. LV-2010-0303
Having been assessed civil penalties totaling $817.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated September 8, 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
September 9, 2010
Mr. Garland Norton, Mayor
Town of Old Fort
P.O .Box 520
Old Fort, North Carolina 28762-0520
Subject: NOTICE OF VIOLATION
NOV-2010-LM-0026
Permit No. NCO021229
Old Fort WWTP
McDowell County
Dear Mayor Norton:
A review of Old Fort WWTP's monitoring report for April 2010 showed the following violations:
Parameter Date Limit Value Reported Value Limit Type
Solids, Total Suspended - 04/17/2010 45 mg/1 51.48 mg/I Weekly
Concentration Average
Exceeded
Parameter Date Measuring Violation
Frequency
Copper 04/30/2010 2 X/ Month Failure to Monitor
Zinc 04/30/2010 2 X/ Month Failure to Monitor
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 Total
Suspended Solids 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
If the above parameters of Copper and Zinc were left off inadvertently,please send an amended
DMR to Raleigh at the address found on the front page of your DMR.
NoAhCarolina
Natara!!y
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwateroualitv.or4 FAX [phone] 1-877-623-6748

Mr. Garland Norton
September 9, 2010
Page 2
If the violations are of a continuing nature, not related to operation and/or maintenance problems, and
you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent. You may contact Keith Haynes of this Office for additional information.
Technical assistance is available through the Asheville Regional Office. You may call Don Price at 828-
296-4500.
The Division of Water Quality may pursue enforcement action for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at
828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
KACE Environmental/ ORC
S:iSWF'\McDowell\Wastew,iter',,,MLinicipail(.)Id Fort.WW T P 21229\NOV-2010-LM-0026.doc

AM�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
September 9,2010
Herve Cody
PO Box 218
Robbinsville,NC 28771
Subject: Notice of Violation and Recommendation for Enforcement
NOV-2009-SS-0012
Incident Closure
Graham County
Dear Mr. Cody:
Thank you for meeting with me the other day on your property to inspect Long Creek. The
conditions observed at the site indicate that subject Notice of Violation has been satisfactorily
resolved.
Thank you for your cooperation in this matter. If I can be of any assistance regarding water quality
issues in the future do not hesitate to contact me.
Sincerely,
Chuck Cr ord
Environmental Specialist`
Surface Water Protection Section
cc: ARO File Copy
S:\SWP\Graham\Complaints\Cody\CLO.9-9-IO.doe
i
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna
Phone:[phone] FAX:[phone]\Customer Service:1-877-623-6748 1/.�^��������
Internet: www.ncwaterqua[iV.org v,/
An Equal Opportunity 1 Affirmative Action Employer

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NCD�NR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 10, 2010
Mr. Chris Braund
Town of Lake Lure
PO Box 255
Lake Lure NC 28746-0255
SUBJECT: Compliance Sampling Inspection
Lake Lure WWTP
Permit No: NCO025381
Rutherford County
Dear Mr. Braund:
Enclosed please find a copy of the Compliance Sampling Inspection form from the
inspection conducted on July 15, 2010. The Compliance Sampling Inspection was
conducted by Jeff Menzel of the Asheville Regional Office. The facility was found to be
in Compliance with permit NC0025381.
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 M nze
Environmental Specialist
Enclosure
cc: Harry Dewain James, ORC
Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70, Swannanoa, NC 28778 One
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 NorthCarolina
Internet:www.ncwaterquality.org ��Itllt'Rllt,'
S:\SWP\Rutherford\Wastewater\MGnicipal\Lake Lure WWTP 25381\25381 CSI 07 15 20101.doc

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___.._..

United States Environmental Protection Agency
EPA Washington,D.C.20460 Form Approved.
OMB No.2040-0057
Water Compliance inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 (NI 2 Ls 31 N00025381 111 121 10/07/15 117 18I SI 19I sI 20LJ
2111111111111111111111IIII1 Remarks 11111111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved----------------------
67 69 7011 71 U 72I NI 73' ) 174 75L 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)
Lake Lure WWTP 10:00 AM 10/07/15 09/08/01
PO Box 255 Exit Time/Date Permit Expiration Date
Lake Lure NC 287460255 01:00 PM 10/07/15 13/08/31
Name(s)of Onsite Representative(s)Ritles(s)/Phone and Fax Number(s) Other Facility Data
Harry Dewain James/ORC/828-697-0063/
Name,Address of Responsible Official/Title/Phone and Fax Number
Chris Braund,PO Box 255 Lake Lure NC Contacted
287460255//828-625-9983/8286258371 No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Operations&Maintenance 0 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 Inspeectorr(((ssy Agency/Office/Phone and Fax Numbers Date
Jeff Menzel ARO WQ//828-296-4500/ /
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
$I NCO025381 �11 12I 10/07/15 I17 18IS'
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
This was a sampling inspection; samples were split with the operator. The results for the effluent samples
are as follows;
Effluent data
Fecal Coliform = 350/100ml The permitted weekly average is 400/100ml
BOD = 33 mg/L The permitted weekly average is 45/100ml, there is no daily maximum.
TSS = 55 mg/L The permitted weekly average is 45/100ml there is no daily maximum.
NH3 = 10 mg/L The permitted weekly average is 12.9/100ml there is no daily maximum.
Al = 1.4mg/L This parameter is monitor and report, there is no limit.
Fe = 18 mg/L This parameter is monitor and report, there is no limit.
The facility appears to be sampling both the influent and effluent as required by the permit. The facility has
recently acquired a jar testing unit as recommended by past Technical Assistance reports. The jar testing
should allow the operator to optimize chemical dosage rates within the treatment plant.
This sampling inspection was done at a time of increased flow rates due to the height of tourist season, as
well as, increased summer temperatures.The Town should anticipate the increased demand on its
wastewater system during the summer months and take whatever steps may be available to help buffer the
increased usage.
This facility is also required by the permit to monitor the in stream flow of the Broad River at the upstream
sampling point on a weekly basis.
Condition A. (3) Lake Lure Dam Discharge
"The Town of Lake lure controls the discharge rate of impounded water from Lake Lure. The Division has
modeled the treatment plant's environmental impact based on flow parameters assuming a minimum
discharge of 6.6 cfs. Therefore, as a Special Condition of this permit, the town shall record weekly(on the
Upstream DMR)the Lake Lure Discharge to further evaluate the validity of these flow-based assumptions."
This facility appeared to be in compliance at the time of inspection.
Page# 2

Permit: NCO025381 Owner-Facility: Lake Lure WWTP
Inspection Date: 07/15/2010 Inspection Type: Compliance Sampling
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: The facility has recently acquired a jar testing unit as recommended by
past Technical Assistance reports. The jar testing should allow the operator to optimize
chemical dosage rates within the treatment plant.
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ ❑ ❑ ❑
Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑
If effluent (diffuser pipes are required) are they operating properly? n ❑ in
Comment:
Page# 3

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
September 10, 2010
Mr. Aubrey Lewis Deaver
A & D Water Service, Inc.
PO Box 1407
Pisgah Forest, NC 28768-1407
Subject: NOTICE OF VIOLATION
NOV-2010-PC-1016
Compliance Sampling Inspection
Sherwood Forest WWTP
Permit No. NCO048658
Transylvania County
Dear Mr. Deaver:
Enclosed please find a copy of the Inspection Report from the inspection conducted on
August 24, 2010. The treatment facility was found to be in violation of Permit NCO048658 for the
following:
Parameter Date Limit Value Reported Value Limit Type
Fecal Coliform August 24, 2010 400 col/100 ml >2000 col/100 ml Daily Maximum
Please refer to the enclosed Inspection Report for any additional observations and comments.
To prevent further action, carefully review these violations and deficiencies and respond in
writing to this office within fifteen (15) working days of receipt of this letter. You should address the
causes of noncompliance and all actions taken to prevent the recurrence of similar situations. If you
should have any questions, please do not hesitate to contact Wanda Frazier at 828-296-4662.
Sincerely, --
Roger-C. Edwards, Regional Supervisor
9 p
Attachment Surface Water Protection Section
cc: DWQ ARO facility file w/attachment
DWQ Central Files w/attachment
S:\SWP\Transylvania\Wastewater\Minors\Sherwood Forest 44784\NOV-2010-PC-1016 CS1.8-24-10.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 o hCarolliina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 Rtlit�lt�Llf
Internet:www.ncwaterguality.org

/_,,.
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�� �i

United States Environmental Protection Agency
Washington,D.C.2046o 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 15I 31 NCO048658 111 121 10/08/24 117 18I SI 191 SI 201 1
Remarks
21111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII6
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -----------------Reserved-------------
67I 1.0 169 70131 711 I 72I N I 73 LU 74 75I 11 I I I Li
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)
Sherwood Forest WWTP
01:00 PM 10/08/24 06/02/01
US Hwy 276 Exit Time/Date Permit Expiration Date
Cedar Mountain NC 28718 01:30 PM 10/08/24 10/12/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Gary Dennis Norton/ORC/828-891-7779/
Name,Address of Responsible Official/Title/Phone and Fax Number
Aubrey Lewis Deaver,PO Box 1407 Pisgah Forest NC Contacted
i" 287681407/President/828-884-9772/8288848632 No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Operations&Maintenance 0 Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
Sigriature 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 NCO048658 I11 12I 10/08/24 1
17 18IS1
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
FACILITY DESCRIPTION:
The Sherwood Forest WWTP is a class I Biological system rated as a 0.015 MGD (0.030 MGD after an
A to C) Sand Filter system consisting of: (no septic tanks on-site) gray water discharge into a
2200 gallon dosing tank with dual siphon bells; manifold distribution to dual 35' x 70' surface
sand filters with 9 pvc drilled laterals each; tablet chlorinator; chlorine contact chamber; and
tablet dechlorinator.
The sand filter surface was in the process of being re-covered with new textile landscaping
fabric made by Geo Tech South ®to inhibit the overgrowth of vegetation.
Annual Average Flow: 0.0019 MGD (2007-2010 --- 3 year average)
Development: Consists of a Quick Stop, Mexican Restaurant(-75 seats), Assisted Living
Facility, Condominiums (22 two-bedroom units) and Private Homes (7). Population served: — 75.
Collection System: Consists of individual septic tanks and the collection of gray water into
8-inch diameter gravity sewers, pre-cast manholes and two lift stations with small diameter
force mains: one serves the commercial areas and the other serves the residential areas (Feed
Rock and Sheffield Place).
Sludge Management: Commercial hauler of liquid sludge by Goldie&Associates and transported to
the City of Brevard's WWTP. Disposal of solids and dry wastes are taken to the Transylvania
County Sanitary Landfill.
PERMIT/ INSPECTION /LOG:
A review of the files indicates that the last compliance evaluation inspection was conducted on
8-29-2007 by Wanda Frazier.
The permit expires on 12-31-2010. Your permit renewal request was received by the Division on
5-27-2010.
EFFLUENT:
Samples were collected during the inspection. The laboratory results were as follows:
BOD = 9.0 mg/I
TSS = 6.5 mg/1
Fecal Coliform = > 2000 col/100 ml --The daily maximum permit limit is 400 col/100 ml.
It is recommended that an additional tube of chlorine tablets be added to ensure proper
disinfection.
U'
Page# 2

Permit: NCO048658 Owner-Facility: Sherwood Forest WWTP
Inspection Date: 08/24/2010 Inspection Type: Compliance Sampling
OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY:
Mr. Aubrey Deaver assisted in the inspection. The facility appears to be properly operated and
maintained,with the exception of the fecal coliform violation, on the day of the inspection.
SYSTEM PERFORMANCE ANNUAL REPORT:
The 2009 System Performance Annual Report was received by the Division on 2-15-2010.
Page# 3

Permit: NCO048658 Owner-Facility: Sherwood Forest VWVFP
Inspection Date: 08/24/2010 Inspection Type: Compliance Sampling
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ n Cl n
Is the facility as described in the permit? ■ n n n
#Are there any special conditions for the permit? n ■ n n
Is access to the plant site restricted to the general public? n n ■ n
Is the inspector granted access to all areas for inspection? ■ n n n
Comment:
Operations$Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n n n
Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge n n ■ n
Judge, and other that are applicable?
Comment:
Septic Tank Yes No NA NE
(If pumps are used) Is an audible and visual alarm operational? n n ■ n
Is septic tank pumped on a schedule? n n ■ o
Are pumps or syphons operating properly? ■ n n n
Are high and low water alarms operating properly? n n ■ n
Comment: There are individual septic tanks off-site. There is only a dosing tank
on-site.
Sand Filters (Low rate) Yes No NA NE
(If pumps are used) Is an audible and visible alarm Present and operational? n n ■ n
Is the distribution box level and watertight? ■ n n n
Is sand filter free of ponding? ■ n n n
Is the sand filter effluent re-circulated at a valid ratio? n n ■ n
#Is the sand filter surface free of algae or excessive vegetation? ■ n n n
#Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) n n ■ n
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ Cl n n
Are the tablets the proper size and type? ■ n n ❑
Number of tubes in use? 3
Is the level of chlorine residual acceptable? n n n ■
Page# 4

Permit: NC0048658 Owner-Facility: Sherwood Forest VWVrP
Inspection Date: 08/24/2010 Inspection Type: Compliance Sampling
Disinfection-Tablet Yes No NA NE
Is the contact chamber free of growth,or sludge buildup? ■ n Cl n
Is there chlorine residual prior to de-chlorination? n n n ■
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ n ■
Is storage appropriate for cylinders? n n ■ n
#Is de-chlorination substance stored away from chlorine containers? n n ■ n
Comment:
Are the tablets the proper size and type? ■ n n n
Are tablet de-chlorinators operational? ■ n n n
Number of tubes in use? 4
Comment:
Page# 5

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
September 10, 2010
Thomas W. Kilpatrick
Etowah Sewer Company
PO Box 1659
Etowah, NC 28729
SUBJECT: Compliance Sampling Inspection
Etowah Sewer Company WWTP
Permit No: NCO071323
Henderson County
Dear Mr. Kilpatrick:
Enclosed please find a copy of the Compliance Sampling Inspection report from the
inspection conducted on August 26, 2010. The facility was found to be in compliance with permit
NC0071323.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files
S:\SWP\Henderson\Wastewater\Minors\Etowah Sewer 71323\CSI.8-25-10.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 NOne
orthCarolina
Phone: [phone]\FAX: [phone] Customer Service: 1-877-623-6748 Naturally
Internet:www.ncwaterguality.oM<gA

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United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 INI 2 I5I 31 NCO071323 Ill 121 10/08/26 117 18ISI 19ISI 20I_I
Remarks
211111111111111111111111111111111111111111IIII1116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -----------------Reserved---------— ---
67L 1.0 169 70I 3 I 71 I_I 721 N I 73 LLJ 74 751 I I I I III 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)
12:15 PM 10/08/26 08/05/01
Etowah Sewer Company WWTP
Hwy 64 Exit Time/Date Permit Expiration Date
Etowah NC 28729 01:00 PM 10/08/26 10/11/30
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Thomas W Kilpatrick/ORC/828-890-4810/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Thomas W Kilpatrick,PO Box 1659 Etowah NC 28729//828-884-5589/ No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Operations&Maintenance E Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
A9
�2
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 NCO071323 I11 12I 10/08/26 117 18I S I
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
FACILITY DESCRIPTION:
The Etowah Sewer Company WWTP is a class II facility rated as a 0.125 MGD (0.500 MGD after A to C)
extended aeration WWTP consisting of: duplex influent lift station with 70 gpm pumps and dual high
water alarms 31,250 gallon flow equalization basin with flow control splitter box; dual manual bar screens;
dual 65,000 gallon aeration basins with blowers providing diffused air; dual 10,877 gallon (288
sq ft) rectangular clarifiers with skimmers and sludge returns; one 4000 gallon and one 10,000 gallon
aerobic digestor; dual tablet chlorinators; dual 1354 gallon chlorine contact chambers; dual tablet
declorinators; refrigerated composite sampler; one Isco 3210 ultrasonic and one Stevens 61 R flow meter;
effluent lift station with duplex 100 gpm pumps and force main to gravity outfall; and 125 KW diesel
Generac 2000 Series®emergency generator with 241 gallon fuel tank.
Annual Average Flow: 0.065 MGD (3 year average -- 2007-2010)
Development: Consists of 327 residential homes & 37 commercial establishments. Population served: —800.
The service area is franchised by the NC Utilities Commission and includes the central
commercial district along US Hwy 64; the Etowah Volunteer Fire Department; the Etowah Elementary
School; the Etowah Golf Course facilities; and residential subdivisions including: Golf Mountain
Estates, Greenwood Forest, Etowah's Reach, Etowah Golf Villas, Moland Drive, The Meadows, Brandy
Mills, Brooke Hills, Jonathan Creek, Sunset Ridge, Springfield, Meadow Creek and North Course
Village.
Sludge Management: Commercial hauler(Goldie and Associates) to the City of Hendersonville's WWTP.
Collection System: Permit#WQCSD0135, consists of 8-inch diameter gravity sewers, pre-cast manholes, 7 r
pump stations and 4-inch force mains.
PERMIT/ INSPECTION/LOG:
A review of the files indicates that the last compliance evaluation inspection was conducted on
2-25-2009 by Janet Cantwell
The permit expires on 11-30-2010. Your renewal request was received by the Division on
5-13-2010.
The daily operator log was present on-site and had good notation of daily events, process
control and field testing data.
FLOW MEASUREMENT:
Both flow meters were re-calibrated during August 2010.
EMERGENCY GENERATOR:
The emergency generator(unit ID# 1232) is maintained and serviced by Carolina Energy Systems
of Penrose, NC (phone: [phone]).
Page# 2

Permit: NCO071323 Owner-Facility: Etowah Sewer Company WWTP
Inspection Date: 08/26/2010 Inspection Type: Compliance Sampling
EFFLUENT:
The effluent was clear and appeared to be in compliance with permit limits.
Effluent samples taken the day of the inspection, indicated the following results:
BOD = 5.5 mg/I
TSS = < 6.2 mg/I
Fecal Coliform = 15 col/100 ml
OPERATIONS AND MAINTENANCE/ EFFLUENT/SUMMARY:
Mr. Tom Kilpatrick, ORC, assisted in the inspection and appears to be operating and maintaining
the facility very well.
SYSTEM PERFORMANCE ANNUAL REPORT:
The 2009 System Performance Annual Report was received by the Division on 2-8-2010.
Page# 3

Permit: NCO071323 Owner-Facility: Etowah Sewer Company WVVFP
Inspection Date: 08/26/2010 Inspection Type: Compliance Sampling
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ n n n
Is the facility as described in the permit? ■ n In n
#Are there any special conditions for the permit? In ■ n o
Is access to the plant site restricted to the general public? ■ n n n
Is the inspector granted access to all areas for inspection? ■ n n n
Comment:
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n Cl n
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n
Judge,and other that are applicable?
Comment:
Equalization Basins Yes No NA NE
Is the basin aerated? ■ n n n
Is the basin free of bypass lines or structures to the natural environment? ■ n n n
Is the basin free of excessive grease? ■ n n n
Are all pumps present? ■ n n n
Are all pumps operable? ■ n n n
Are float controls operable? ■ n n n
Are audible and visual alarms operable? ■ n n n
#Is basin size/volume adequate? ■ n n n
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual ■
b.Mechanical n
Are the bars adequately screening debris? ■ n n n
Is the screen free of excessive debris? ■ ❑ n n
Is disposal of screening in compliance? ■ n n n
Is the unit in good condition? ■ n n n
Comment:
Page# 4

Permit: NCO071323 Owner-Facility: Etowah Sewer Company WWfP
Inspection Date: 08/26/2010 Inspection Type: Compliance Sampling
Pump Station -Influent Yes No NA NE
Is the pump wet well free of bypass lines or structures? ■ n In n
Is the wet well free of excessive grease? ■ ❑ n n
Are all pumps present? ■ Q ❑ n
Are all pumps operable? ■ n n n
Are float controls operable? ■ ❑ n n
Is SCADA telemetry available and operational? n n ■ n
Is audible and visual alarm available and operational? ■ n 0 n
Comment:
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ n ❑ n
Are surface aerators and mixers operational? n ❑ ■ n
Are the diffusers operational? ■ ❑ n n
Is the foam the proper color for the treatment process? ■ 0 fl
Does the foam cover less than 25%of the basin's surface? ■ n n n
Is the DO level acceptable? n n n ■
Is the DO level acceptable?(1.0 to 3.0 mg/1) n n n ■
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ n n Cl
Is the site free of excessive buildup of solids in center well of circular clarifier? 0 ❑ ■ n
Are weirs level? ■ n n n
Is the site free of weir blockage? ■ ❑ n n
Is the site free of evidence of short-circuiting? ■ n n n
Is scum removal adequate? ■ n n ❑
Is the site free of excessive floating sludge? ■ n ❑ n
Is the drive unit operational? n n ■ n
Is the return rate acceptable(low turbulence)? ■ n ❑ n
Page# 5

Permit: NC0071323 Owner-Facility: Etowah Sewer Company WWTP
Inspection Date: 08/26/2010 Inspection Type: Compliance Sampling
Secondary Clarifier Yes No NA NE
Is the overflow clear of excessive solids/pin floc? ■ n n n
Is the sludge blanket level acceptable?(Approximately%4 of the sidewall depth) ■ n n n
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ n n n
Are the tablets the proper size and type? ■ n n n
Number of tubes in use? 6.
Is the level of chlorine residual acceptable? ■ n n n
Is the contact chamber free of growth, or sludge buildup? ■ n n n
Is there chlorine residual prior to de-chlorination? ■ ❑ n n
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ n ■
Is storage appropriate for cylinders? n n ■ n
#Is de-chlorination substance stored away from chlorine containers? Cl n ■ n
Comment:
Are the tablets the proper size and type? ■ n n n
Are tablet de-chlorinators operational? ■ n 00
Number of tubes in use? 4
Comment:
Pump Station -Effluent Yes No NA NE
Is the pump wet well free of bypass lines or structures? ■ n n n
Are all pumps present? ■ n n n
Are all pumps operable? ■ n n n
Are float controls operable? ■ n n n
Is SCADA telemetry available and operational? n n ■ n
Is audible and visual alarm available and operational? ■ n n n
Comment: )
Standby Power Yes No NA NE
Page# 6

Permit: NC0071323 Owner-Facility: Etowah Sewer Company WWTP
Inspection Date: 08/26/2010 Inspection Type: Compliance Sampling
Standby Power Yes No NA NE
Is automatically activated standby power available? ■ n n n
Is the generator tested by interrupting primary power source? ■ n n
Is the generator tested under load? ■ n n n
Was generator tested&operational during the inspection? 0 ❑ 0 ■
Do the generator(s)have adequate capacity to operate the entire wastewater site? ■ ❑ ❑ 0
Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ n ❑ n
Is the generator fuel level monitored? ■ n n n
Comment:
Page# 7

AL ;,1A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
September 10, 2010
Mr. Doyle Freeman, Manager
Henderson County Utilities
Cane Creek Sewer District
100 North King Street
Hendersonville, NC 28792
SUBJECT: Compliance Sampling Inspection
Western Justice Academy WWTP
Permit No: NCO086070
Henderson County
Dear Mr. Freeman:
Enclosed please find a copy of the Compliance Sampling Inspection report from the
inspection conducted on August 25, 2010. The facility was found to be in compliance with permit
NC0086070.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4662.
Sincerely,
IL2
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Mark Jones, ORC
Central Files
Asheville Files
S:\SWP\Henderson\Wastewater\Minors\Western Justice Academy 86070\CEI.8-25-10.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S. Highway 70,Swannanoa, NC 28778 No thCarolina
Phone: [phone]\FAX: [phone]\Customer Service: 1-877-623-6748 aturallry
Internet:www.ncwaterguality.org :/

United States Environmental Protection Agency Form Approved.
EPA
^r/`1 Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO086070 111 121 10/08/25 117 18I SI 19I sI 201 I
Remarks
21111111111111111111111111111111111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating 81 QA -------------Reserved------------
67 I 1.0 169 701 31 711 I 721 NJ 73I I '74 751 I I I I ( I 180
Section B.- Facility Data W
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
10:00 AM 10/08/25 06/01/01
Western Justice Academy WWTP
US Hwy 64 Exit Time/Date Permit Expiration Date
Edneyville NC 287270530 11:15 AM 10/08/25 10/11/30
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Mark Brandon Jones/ORC/828-273-0760/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Mark Brandon Jones,45 Pleasant Ct Flat Rock NC 287316706//828-273-07o
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Operations&Maintenance N Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
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 NCO086070 I11 12� 10/08/25 117 18IS1
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
FACILITY DESCRIPTION:
The Western Justice Academy WWTP is a class II facility, rated as a 0.030 MGD Tipton steel,
extended aeration package plant with: grease trap; influent lift station with dual high water
alarms; inlet flow control splitter box; 7,300 gallon flow equalization basin with bar screen
and pumps; dual aeration basins designed to operate in series or parallel (53,000 gallons total)
with dual blowers providing (250 cfm) diffused air; 2430 gallon dual hoppered clarifiers (64 sq
ft each)with skimmers and sludge returns; (pre-filter tablet chlorinator was never installed);
dual multi-media (sand & anthracite)tertiary filters (10 sq ft each); 3,124 gallon clearwell,
mudwell and mudwell pumps; post aeration chamber with dual high water alarms; continuous
recording Eastech Vantage 2210 ultrasonic flow meter; tablet chlorinator; 625 gallon chlorine
contact chamber; tablet dechlorinator; refrigerated Hach Sigma 9003 composite sampler; 5,000
gallon aerobic digestor; effluent pump station with dual high water alarms; and emergency 60 KW
diesel generator with 100 gallon fuel tank.
PERMIT/ INSPECTION/LOG:
A review of the files indicates that the last compliance sampling inspection was conducted on
3-11-2009 by Janet Cantwell.
The permit expires on 11-30-2010. Your permit renewal request was received by the Division on
5-3-2010. Your request for modification of permit limits was received on 7-13-2010. The
Asheville Regional office staff reviewed your request and forwarded our comments to the Central
Office staff member renewing your permit (Bob Guerra).
The daily operator log was present on-site and had good notation of daily events, process '
control and field testing data.
TREATMENT UNITS/PROCESS CONTROL TESTING DATA:
The activated sludge aeration basin process control data was as follows:
Settleable Solids = 300 ml/I = 30%
FLOW MEASUREMENT:
The effluent flow meter had the annual calibration on May 12, 2010.
OPERATIONS AND MAINTENANCE/ EFFLUENT/SUMMARY:
Mr. Doyle Freeman, Manager, Henderson County Utilities Department - Cane Creek Sewer District
and Mr. Mark Jones, ORC (Grade II - Cert. #988527) of Jones Environmental were both on-site and
assisted in the inspection.
The facility appears to be very well operated and maintained.
Page# 2

Permit: NCO086070 Owner-Facility: Western Justice Academy WWTP
Inspection Date: 08/25/2010 Inspection Type: Compliance Sampling
EFFLUENT:
The effluent was clear and appeared to be in compliance with permit limits.
Samples taken on the day of the inspection, indicated the following results:
BOD =4.5 mg/I
TSS = < 6.2 mg/I
Fecal Coliform = <1 col/100 ml
Samples taken during the previous inspection (3-11-2009), indicated the following results:
BOD = < 2 mg/I
TSS = < 6.2 mg/I
Fecal coliform = < 1 col/100 ml
SYSTEM PERFORMANCE ANNUAL REPORT:
The System Performance Annual Report was received by the Division on March 9, 2009.
Page# 3

Permit: NCO086070 Owner-Facility: Western Justice Academy WWTP
Inspection Date: 08/25/2010 Inspection Type: Compliance Sampling
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ n n n
Is the facility as described in the permit? ■ ❑ ❑ ❑
#Are there any special conditions for the permit? n ■ o o
Is access to the plant site restricted to the general public? ■ n n n
Is the inspector granted access to all areas for inspection? ■ n n n
Comment:
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ In n
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n
Judge,and other that are applicable?
Comment:
Equalization Basins Yes No NA NE
Is the basin aerated? ■ n n n
Is the basin free of bypass lines or structures to the natural environment? ■ n n n
Is the basin free of excessive grease? ■ n n n `•
Are all pumps present? ■ n n 13
Are all pumps operable? ■ n n n
Are float controls operable? ■ n n n
Are audible and visual alarms operable? ■ n n n
#Is basin size/volume adequate? ■ ❑ n n
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual ■
b.Mechanical n
Are the bars adequately screening debris? ■ n ❑ n
Is the screen free of excessive debris? ■ n n n
Is disposal of screening in compliance? ■ n n n
Is the unit in good condition? ■ n ❑
Comment:
Page# 4

Permit: NCO086070 Owner-Facility: Western Justice Academy WW7"P
Inspection Date: 08/25/2010 Inspection Type: Compliance Sampling
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ n n n
Are surface aerators and mixers operational? n n ■ n
Are the diffusers operational? ■ n n n
Is the foam the proper color for the treatment process? ■ n n n
Does the foam cover less than 25%of the basin's surface? ■ n n n
Is the DO level acceptable? n n n
Is the DO level acceptable?(1.0 to 3.0 mg/1) n n n ■
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ n n n
Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n
Are weirs level? ■ n n n
Is the site free of weir blockage? ■ n n n
Is the site free of evidence of short-circuiting? ■ n n n
Is scum removal adequate? ■ n n n
Is the site free of excessive floating sludge? ■ n n n
Is the drive unit operational? n n ■ n
Is the return rate acceptable(low turbulence)? ■ n n n
Is the overflow clear of excessive solids/pin floc? ■ n n n
Is the sludge blanket level acceptable?(Approximately'/<of the sidewall depth) ■ n n n
Comment:
Filtration (High Rate Tertiary) Yes No NA NE
Type of operation:
Is the filter media present? ■ n n n
Is the filter surface free of clogging? ■ n n n
Is the filter free of growth? ■ n n Cl
Is the air scour operational? ■ n n n
Page# 5

Permit: NCO086070 Owner-Facility: Western Justice Academy WWTP
Inspection Date: 08/25/2010 Inspection Type: Compliance Sampling
Filtration(High Rate Tertiary) Yes No NA NE
Is the scouring acceptable? ■ In n n
Is the clear well free of excessive solids and filter media? ■ n n n
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ n n n
Are the tablets the proper size and type? ■ n n n
Number of tubes in use? 2
Is the level of chlorine residual acceptable? ■ n ❑ n
Is the contact chamber free of growth, or sludge buildup? ■ n n n
Is there chlorine residual prior to de-chlorination? ■ n n n
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ n
Is storage appropriate for cylinders? n n ■ n
#Is de-chlorination substance stored away from chlorine containers? n n ■ n
Comment:
Are the tablets the proper size and type? ■ n n
Are tablet de-chlorinators operational? ■ n n n
Number of tubes in use? 2
Comment:
Standby Power Yes No NA NE
Is automatically activated standby power available? ■ n n n
Is the generator tested by interrupting primary power source? ■ n ❑ n
Is the generator tested under load? ■ n n n
Was generator tested&operational during the inspection? n n n ■
Do the generator(s)have adequate capacity to operate the entire wastewater site? ■ n n n
Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ ❑ ❑ n
Is the generator fuel level monitored? ■ n n n
Comment:
Page# 6

Permit: NC0086070 Owner-Facility: Western Justice Academy WWTP
Inspection Date: 08/25/2010 Inspection Type: Compliance Sampling
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ n n n
Are the receiving water free of foam other than trace amounts and other debris? ■ n n n
If effluent (diffuser pipes are required) are they operating properly? n n ■ n
Comment:
Page# 7

A74L)A.
NCDENR
Noah Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
September 10, 2010
Mr. Aubrey L. Deaver
A&D Water Service, Inc.
PO Box 1407
Pisgah Forest, NC 28768-1407
SUBJECT: Compliance Evaluation Inspection
Sapphire Lakes Plant WWTP #2
Permit No: NCO059439
Transylvania County
Dear Mr. Deaver:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on August 24, 2010. The facility was found to be in compliance with permit
NC0059439.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4662.
Sincerely,
�O
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files
S:\SWP\Transylvania\Wastewater\Minors\Sapphire Lakes WWTP#2 59439\CE1.8-24-10.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S. Highway 70,Swannanoa, NC 28778 NOrthCarolina
Phone: [phone] FAX:[phone] Customer Service: 1-877-623-6748 naturally
Internet:www.ncwaterguality.org``u

United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460
OMB No.2040-0057
Water Compliance inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO059439 111 121 10/08/24 117 181 CI 19I SI 20II
Remarks
21IIIIIIII1111111111111111111111111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ------------------Reserved---------------
67 I 1.0 169 701 31 71 I_I 72 I N I 73 LJJ 74 751 I I I I I I 180
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
11:10 AM 10/08/24 07/11/01
Sapphire Lakes Plant WWTP #2
1600 US Hwy 64 W Exit Time/Date Permit Expiration Date
Sapphire NC 28774 11:25 AM 10/08/24 12/08/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Gary Dennis Norton/ORC/828-891-7779/
Name,Address of Responsible Official/Title/Phone and Fax Number
Aubrey L Deaver,PO Box 1407 Pisgah Forest NC Contacted
287681407//828-884-9772/8288848632 No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Operations&Maintenance 0 Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (Cont. 1`
3I NCO059439 '11 12I 10/08/24 I17 18�C�
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
FACILITY DESCRIPTION:
The Sapphire Lakes WWTP#2 is a class I Biological (sand filter) system rated as a 0.0049 MGD
wastewater treatment system with: (no septic tank on-site) 1000 gallon dosing tank with siphon
bell; distribution manifold; 25' x 30' surface sand filter with 9 laterals of 4-inch diameter
drilled pvc and 3/-inch diameter vertical vents; tablet chlorinator; 1000 gallon chlorine contact
chamber; tablet dechlorinator; and concrete step cascade.
Annual Average Flow: There is usually no discharge, unless it rains.
Collection System: Consists of the gravity sewer collection of gray water from the individual septic
tanks of 8 homes, serving 12 non-permanent residents, located on the Fairway Villas.
Development: Sapphire Lakes has 1450 acres and is a private, second home community with golfing,
tennis and swimming pool. There is a total of 1000 acres with 590 lots, 84 multi-family/villa
units, 8 guest quarters, and an 80 seat clubhouse. WWTP# 1 treats the wastewater from these
connections.
Sludge Management: Commercial hauler to the City of Brevard's WWTP.
PERMIT/INSPECTION/ LOG:
A review of the files indicates that the last compliance evaluation inspection was conducted on
2-14-2007 by Wanda Frazier.
The permit expires on 7-31-2013. Please request a permit renewal 6 months prior to expiration.
A renewal notice will be mailed as a reminder. -
OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY:
Mr. Aubrey Deaver and MR. Mike Walker assisted in the inspection. It appears that this facility
is being properly operated and maintained.
There was no discharge at the time of the inspection. Due to seasonal residents and the small
volume wastewater, a discharge usually does not occur, unless there is a rain event.
SYSTEM PERFORMANCE ANNUAL REPORT:
The 2009 System Performance Annual Report was received by the Division on 2-15-2010.
Page# 2

Permit: NCO059439 Owner-Facility: Sapphire Lakes Plant WWTP#2
Inspection Date: 08/24/2010 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n
Is the facility as described in the permit? ■ n n n
#Are there any special conditions for the permit? n ■ n n
Is access to the plant site restricted to the general public? ■ n n n
Is the inspector granted access to all areas for inspection? ■ n n n
Comment:
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n 00
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge n n ■ n
Judge, and other that are applicable?
Comment: Sand filter system.
Sand Filters (Low rate) Yes No NA NE
(If pumps are used) Is an audible and visible alarm Present and operational? n n ■ n
Is the distribution box level and watertight? n n ■ n
Is sand filter free of ponding? ■ n n n
Is the sand filter effluent re-circulated at a valid ratio? n n ■ n
#Is the sand filter surface free of algae or excessive vegetation? ■ 0 n n
#Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) n n ■ n
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ n ❑ n
Are the tablets the proper size and type? ■ n n n
2
Number of tubes in use?
Is the level of chlorine residual acceptable? n n n ■
Is the contact chamber free of growth,or sludge buildup? ■ n n
Is there chlorine residual prior to de-chlorination? n n n ■
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ n ■ n
Page# 3

Permit: NC0059439 Owner-Facility: Sapphire Lakes Plant VWVFP#2
Inspection Date: 08/24/2010 Inspection Type: Compliance Evaluation
De-chlorination Yes No NA NE
Is storage appropriate for cylinders? ❑ ❑ ■ Q
#Is de-chlorination substance stored away from chlorine containers? 1=1 ❑ ■ n
Comment:
Are the tablets the proper size and type? ■ 0 0 Q
Are tablet de-chlorinators operational? ■ ❑ El n
Number of tubes in use? 1
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ ❑ ❑
Are the receiving water free of foam other than trace amounts and other debris? ■ n ❑ 0
If effluent (diffuser pipes are required) are they operating properly? n n ■ n
Comment:
Page# 4

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen K Sullins Dee Freeman
Governor Director Secretary
September 10,2010
Yancey County
DWQ Project 20100706
NCSR 1362(Evans 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 McWilliams Branch
for the purpose of widening and paving NCSR 1362 (Evans Road) in Yancey County:
Stream Impacts in the French Broad 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 10 12 22 0
Total 1 0 0 10 1 1 22 0
Total Permanent Stream Impacts for Project: 10 linear ft. Total Temporary Stream Impacts for Project: 12 linear ft.
The project should be constructed in accordance with your application dated August 25, 2010 (received August 30, 2010),
including the environmental commitments made in the application letter. After reviewing your application, we have
decided that these impacts are covered by General Water Quality Certification No. 3820, corresponding to the U.S. Army
Corps of Engineers Nationwide Permit Number 14, In addition, you should acquire any other federal, state or local
permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge
and Water Supply Watershed regulations.
This approval is valid solely for the purpose and design described in your application (unless modified below). Should
your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must
be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If
total wetland fills for this project(now or in the future)exceed one acre,or if total impacts to streams(now
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
cation:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
..:,none:828-296450M FAX:[phone] Customer Service:1-877-623-6748 /� //
Internet: www.ncwaterquality.org Naturally
An Equal Opportunity 1 Affirmative Action Employer

Mr.J. J. Swain,Jr., P.E.
September 10,2010
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 thei
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.

,vain,Jr., P.E.
,)er 10, 2010
fhree
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, stormwater 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.
,5. 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.
September 10,2010
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 CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60)
days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter
150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an
adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the
Certification. Unless such demands are made,this Certification shall be final and binding.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
4�2 �
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
100706(Swain)NCSR 1362 Evans Road

PIA 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
September 13,2010
Mr. Kenneth L. Westmoreland
Jackson County Manager
401 Grindstaff Cove Road
Sylva,North Carolina 28779
Subject: Return of State Stormwater Permit
Application
NCSR 1182 Extension
Jackson County
Dear Mr. Westmoreland:
We have continued to review the State Stormwater Permit Application for extension of NCSR H 82 for access
to the Jackson County Recreation Park in Cashiers,North Carolina. Also, additional information concerning
the proposed roadway drainage has been provided by Mr.Victor Lofquist,P.E.,Lofquist&Associates.
Therefore, based on our review and in accordance with 15A NCAC 2H .0100, it has been determined that
your project is being considered as"Redevelopment"meaning any rebuilding activity which has no net
increase in built-upon area or which provides equal or greater stormwater control than the previous
\ development.
Even though the Division of Water Quality is not issuing a State Stormwater Permit for this project,Jackson
County will have to construct the grassed swale as proposed by Mr. Lofquist in the plans submitted with the
permit application, dated August 18, 2010 and also provide a Permanent Drainage Easement(PDE)for this
grassed swale. This easement will need to be indicated on plans for the project with two copies submitted to
the Division of Water Quality to construction of the roadway.
By copy of this letter I am returning a copy of the State Stormwater Permit Application,two(2) sets of plans
and check No. 177639 in the amount of$505.00.
If you have questions or if I can be of further assistance, please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
cc: Lofquist&Associates,Inc.
Joel Setzer,Division 14, Engineer
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
SURFACE WATER PROTECTION SECTION-Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Customer Service:1-877-623-6748 NorthCarohna
Internet:www.ncwaterouality.oro ;Vat`s!ly
An Equal Opportunity 1 Affirmative Action Employer �i`

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 13, 2010
Connie T. South, Town Manager
Town of Cajah's Mountain
1800 Connelly Springs Road
Lenoir, N.C. 28645
Subject: Permit No. W00034986
Town of Cajah's Mountain
Fairway Acres Sanitary Sewer Extension
Wastewater Collection System Extension
Caldwell County
Dear Ms. South:
In accordance with your application received September 3, 2010, we are forwarding herewith
Permit No. WQ0034986, dated September 13, 2010, to the Town of Cajah's Mountain 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

Town of Cajah's Mountain September 13, 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 Town of Cajah's Mountain for the construction and operation of approximately 4,600
linear feet of 8-inch gravity sewer to serve 20 residential homes @ 360 gpd/home as part of the
Fairway Acres Sanitary Sewer Extension project, and the discharge of 7,200 gallons per day of
collected domestic wastewater into the City of Lenoir's existing sewerage system, pursuant to the
application received September 3, 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 City of Lenoir's
Gunpowder Creek Wastewater Treatment Facility (Permit No. NC0023736) 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: Caldwell County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0023736)
Clarence M. Lockamy, P.E.,P.L.S./The Wooten Company
City of Lenoir, Gunpowder Creek WWTP
Surface Water Protection Section Central Files
PERCS Files

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 §143-215.1 C.
I

PERMIT NO.WQ0034968,Town of Cajah's Mountain,Fairway Acres Sanitary Sewer Extension,Caldwell County September 13,20,,
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.
$. 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

AIT NO.WQ0034968,Town of Cajah's Mountain,Fairway Acres Sanitary Sewer Extension, Caldwell County September 13,2010
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 13th day of September, 2010
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
d
for 661 n H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0034986
3

PERMIT NO.WQ0034968,Town of Cajah's Mountain,Fairway Acres Sanitary Sewer Extension, Caldwell County September 13,26.
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description:
permission is hereby granted to the Town of Cajah's Mountain for the construction and operation of
approximately 4,600 linear feet of 8-inch gravity sewer to serve 20 residential homes @ 360 gpd/home
as part of the Fairway Acres Sanitary Sewer Extension project, and the discharge of 7,200 gallons per
day of collected domestic wastewater into the City of Lenoir'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
I, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of
Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials.
North Carolina Professional Engineer's
seal, signature, and date:
..................................................................................................
SEND THIS FORM& SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
- ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
.................................................................................................:
The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 14, 2010
David Stout
Broyhill Furniture Industries Inc
One Broyhill Park
Lenoir NC 28633
SUBJECT: NPDES Stormwater Permit Compliance Inspection
Broyhill Furniture, Miller Hill Complex
Permit No: NCG180238
Caldwell County
Dear Mr. Stout:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
September 8, 2010. The facility was found to be in compliance with permit NCG180238.
Enclosed is a copy of the Compliance Inspection Report, which contains additional observations
and comments for your reference.
Please contact me at [phone] or linda.wiggsgncdenr.gov, if I can be of any further
assistance.
Sincerely,
v
Linda Wiggs
Environmental Specialist
Surface Water Protection
Enclosure: Inspection Report
cc: Central Files
Asheville Files
Vicki Setzer-Vision 1
820 Complex Pl. Lenoir NC 28645
S:\SWP\Caldwell\Stormwater\NCG18 Furniture Manufacture\broyhill-miller hill\CEI.Broyhill Sept-2010.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCarohna
Internet:www.ncwaterquality.org
;Vaturq!!y
An Equal Opportunity 1 Affirmative Action Employer

Compliance Inspection Report
Permit: NCG180238 Effective: 09/01/09 Expiration: 08/31/14 Owner: Broyhill Furniture Industries Inc
SOC: Effective: Expiration: Facility: Broyhill Furniture, Miller Hill Complex
County: Caldwell 802 Complex St
Region Asheville
Lenoir NC 28633
Contact Person: David Stout Title: Phone:[phone]
Directions to Facility:
From Hickory go 321 North to intersection of 18 and 90,turn left and follow Highway 18 for approx.4 miles, on the left.
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 09/08/2010 Entry Time: 12:50 PM Exit Time: 03:30 PM
Primary Inspector: Linda S Wiggs Phone:[phone]
Ext.4653
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type:Compliance Evaluation
Permit Inspection Type: Furniture and Fixtures Stormwater Discharge COC
Facility Status: ■Compliant rl Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1

Permit:NCG180238 Owner-Facility: Broyhill Furniture Industries Inc
Inspection Date: 09/08/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Inspection Summary:
Present during the inspection were David Stout and Vicki Setzer. The Stormwater Pollution Prevention Plan (Plan)was
only evaluated briefly, previous inspections at Broyhill facilities had focused more on the Plan. This inspection was
focused mostly on a site evaluation. The facility was observed inside and outside. Minor recommendations were made as
noted in this report, but overall the facility appeared to be meeting permit requirements and was considered compliant
during the inspection September 8, 2010.
Page: 2

Permit: NCG180238 Owner-Facility: Broyhill Furniture Industries Inc
Inspection Date: 09/08/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Stormwater Pollution Prevention Plan Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan? ■ ❑ ❑ Q
#Does the Plan include a General Location(USGS)map? ■ 0 Q El
#Does the Plan include a"Narrative Description of Practices"? Q Q 13 ■
#Does the Plan include a detailed site map including outfall locations and drainage areas? ■ Q 0
#Does the Plan include a list of significant spills occurring during the past 3 years? Q ❑ ❑ ■
#Has the facility evaluated feasible alternatives to current practices? Q 11 0 ■
#Does the facility provide all necessary secondary containment? ■ ❑ n Q
#Does the Plan include a BMP summary? 0 ❑ ❑ ■
#Does the Plan include a Spill Prevention and Response Plan(SPRP)? El ❑ ❑ ■
#Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ❑ Cl ❑ ■
#Does the facility provide and document Employee Training? 0 Q Q ■
#Does the Plan include a list of Responsible Party(s)? n Q Q ■
#Is the Plan reviewed and updated annually? ■
#Does the Plan include a Stormwater Facility Inspection Program? ■ Q Q D
Has the Stormwater Pollution Prevention Plan been implemented? ■
Comment: The Stormwater Pollution Prevention Plan (Plan)was reveiwed by
inspector briefly, all components of the Plan were not evaluated (NE). However, the
evaluated components of the Plan appeared to be well organized and thorough.
A couple of items noted were:
The need to use the most current qualitative monitoring form, an older version is being
used.
Secondary containment at"A" on Site Plan needs new booms for added measures
when accumulated stormwater is released.
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ 0
Comment: See note above. Stormwater Discharge Outfall (SDO) Qualitative
Monitoring Report developed by facility is very descriptive and useful.
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? ❑ 0 ■ ❑
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? 0 ❑ ■ 0
Comment: Not Applicable during this inspection.
Permit and Outfalls Yes No NA NE
#Is a copy of the Permit and the Certificate of Coverage available at the site? ■ 0 Q 0
Page: 3

Permit:NCG180238 Owner-Facility: Broyhill Furniture Industries Inc
Inspection Date: 09/08/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine
#Were all outfalls observed during the inspection? ■ ❑ Q
#If the facility has representative outfall status, is it properly documented by the Division? 0 0 ■ 0
#Has the facility evaluated all illicit(non stormwater)discharges? ■ 0 0 Q
Comment: A thorough evalution and identification of all SDO's had been completed by
Vicki Setzer-Envi ron mental Compliance Mgr. SDO Report mentioned above is helpful to
consolidate information and evaluate discharge quality.
SDO#10 is a shared discharge point with Blue Ridge Panels, and possibly another
industry in the future whose inlet would be near the old kiln/boiler area/site plan "Note".
The SD0#10 area receiving stormwater from Broyhill (Furniture Brands)will be less
cluttered once the move/transition of new line is completed.
Stormwater inlet near SDO#3 and 4 had water in it, with a slight amount of foam noted
on the water, possible groundwater intrusion? Facility should keep an eye on qualitative
monitoring in this area (SDO#3 and 4)to see if any excessive foam becomes persistent.
Page: 4

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
September 14, 2010
Rutherford Electric Membership Corporation
Judson Wortman
PO Box 1569
Forest City, NC 28043
Subject: Sediment Removal Remedial Actions
Polk County
Dear Mr. Wortman:
The Division of Water Quality(DWQ)has received the Rutherford Electric Membership
Corporation(REMC) Final Report from Clear Water Environmental Consultants, related to the
sediment removal activities on the unnamed tributary to Green river.
The written response and the remedial results indicated in the Final Report have satisfactorily
resolved the General Permit NCG010000 requirement Part II Section E.3.
This letter in no way precludes this Office for taking action on this or any other violation. Should
you have any questions regarding these matters, please contact Linda Wiggs at [phone].
Sincerely,
Linda Wiggs
Environmental Specialist
Surface Water Protection Section
cc: ARO File
ARO DLR
SASWP\Polk\Stormwater\NCG01 Constntction\RutherfordElectric\Closure.9-l0.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org
An Equal Opportunity\Affirmative Action Employer Naturally

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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
September 14, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
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-2010-0312
Caldwell County
Dear Mr. Church:
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 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 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 NC0030783. 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 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, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Caldwell County Schools:
ne
NofthCarohna
Naturld'm
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
y Internet:www.ncwatergualitV.org

I of the 1 violations of G.S. 143-215.1(a)(6) 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- 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
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, ,� f
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
1,%SV1("C'�iIdmcl! t3latih,l.it�:�': tun��;.l3at,�tt i ( :3)67 i 1O� ,12,(1 e,

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2010-0312 County: Caldwell
Assessed Party: Caldwell County Schools / Baton Elementary
Permit No.: NC0030783 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. § 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 ENVIRONMEN
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-2010-0312
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 September 14, 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
September 14, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
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-2010-0310
Henderson County
Dear Mr. Benson:
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 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 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 NC0066362. 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 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 maybe assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Benson Apartments:
None
rthCarohna
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
�I.� Internet:www,ncwatergualitV.org

I 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 FEC COLI.
2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 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 NH3-N- Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$312.50 NC0066362, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS.
$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. 14313-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation; '
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing enviromnental 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
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
'i';SAC(',1(an�Gr�Art1'�a,tiaecr;-11tii3ra;F;rKaFuri,lpartanent,ht (;2`:IZ' '•?If_i!_tlC.dr ;

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2010-0310 County: Henderson
Assessed Party: Benson Apartments
Permit No.: NCO066362 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. § 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 ENVIRONMEN_
AND NATURAL RESOURCES
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
BENSON APARTMENTS )
PERMIT NO. NCO066362 ) FILE NO. LV-2010-0310
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 September 14, 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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NCDEN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
September 14, 2010
Mr. Walter McGee, President
Biltmore Investments Ltd.
PO Box 745
Hendersonville, NC 28739
SUBJECT: Compliance Evaluation Inspection
Bear Wallow Valley MHP WWTP
Permit No: NCO076082
Henderson County
Dear Mr. McGee:
Enclosed please find a copy of the Compliance Evaluation Inspection report from the
inspection conducted on August 26, 2010. The facility was found to be in compliance with permit
NC0076082.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Kevin White, ORC
Central Files
Asheville Files
S:\SWP\Henderson\Wastewater\Minors\Bear Wallow Valley MHP 76082\CE1.8-26-10.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 NorthCarolina
Phone: [phone]\FAX:[phone] Customer Service: 1-877-623-6748 Natura!!Y
Internet:www.ncwaterguality.org

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�.

United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460
OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO076082 111 121 10/08/26 117 181 CI 19I SI 201 1
Remarks
211111 1111111111111111 1111 1111 11111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---—---—---------------Reserved-------------------
67I 1.0 169 70131 711 I 72I N I 73 L1J 74 751 1 1 I 1 I I 180
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
10:00 AM 10/08/26 06/12/01
Bear Wallow Valley MHP WWTP
Bearwallow Rd NCSR 1587 Exit Time/Date Permit Expiration Date
Hendersonville NC 28792 10:45 AM 10/08/26 10/11/30
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Kevin C White/ORC/828-289-2165/
Name,Address of Responsible Official/Title/Phone and Fax Number
Nicholas Stefanou,104 Low Gap Rd Hendersonville NC Contacted
28739//828-685-3881/ No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Operations&Maintenance 0 Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
It
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
&wt�' ? 1 evo
c ,. EPA For 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont.)
3I NCO076082 I11 12I 10/08/26 I17 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
FACILITY DESCRIPTION:
The Biltmore Investments, Ltd. — Bear Wallow Mobile Home Park WWTP is a class II facility rated
as a 0.010 MGD WWTP consisting of: 550 gallon influent lift station with dual pumps and dual
high water alarms; 4100 gallon circular concrete flow equalization basin with duplex
alternating submersible pumps (Barnes, 1/2 HP, 21 gpm) and dual alarms; manual bar screen; flow
splitter box; dual 5000 gallon (each) aeration basins with dual blowers (375 cfm) providing
diffused air; dual 5200 gallon (each) clarifiers with skimmers and sludge returns; 2062 gallon
aerobic digestor with dual submersible pumps; calcium hypochlorite tablet chlorinator; 1031
gallon chlorine contact chamber; sodium sulfite tablet dechlorinator; effluent weir; Isco 4230
bubbler flow meter with recorder; and 10 KW propane emergency generator with propane tank.
A to C# 076082A01: For flow equalization basin —issued 12-1-06 & approved 3-12-07
J. Thurman Horne, P.E. (704-788-4455)
A to C# 076082: Certified 4-6-00 by William G. Lapsley, P.E.
A to C Modified flow to 0.010 MGD on 12-20-93
Annual Average Flow: 0.0076 MGD (3 year average—2007-2010).
Development: Consists of 49 mobile homes.
Sludge Management: Commercial hauler(Mike's Septic Service) to the City of Brevard's WWTP and
MSD's WWTP.
PERMIT/ INSPECTION /LOG:
A review of the files indicates that the last compliance evaluation inspection was conducted on
3-11-2009 by Janet Cantwell
The permit expires on 11-30-2010. Your request for permit renewal was received by the Division
on 4-1-2010.
The daily operator log was present on-site and had good notation of daily events, process
control and field testing data.
TREATMENT UNITS/PROCESS CONTROL TESTING DATA:
The activated sludge aeration basin process control data was as follows:
Temperature = 24.0 degrees Celsius
pH = 6.7 units
Dissolved Oxygen = 5.7 mg/I
Page# 2

Permit: NCO076082 Owner-Facility: Bear Wallow Valley MHP WWTP
Inspection Date: 08/26/2010 Inspection Type: Compliance Evaluation
Settleable Solids = 250 ml/I = 25%
EFFLUENT:
The effluent data was as follows:
Dissolved Oxygen = 5.9 mg/I
pH = 6.7units
Temperature = 25.0 degrees Celsius
Chlorine = < 25 ug/I
FLOW MEASUREMENT:
The flow meter was last calibrated on 4-13-2010.
OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY:
Mr. Kevin White, ORC, assisted in the inspection and appears to be operating and maintaining the
facility very well.
The effluent was clear and appeared to be in compliance with permit limits.
SYSTEM PERFORMANCE ANNUAL REPORT:
The 2009 System Performance Annual Report was received by the Division on 2-4-2010.
Page# 3

Permit: NCO076082 Owner-Facility: Bear Wallow Valley MHP WWTP
Inspection Date: 08/26/2010 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ n Cl n
Is the facility as described in the permit? ■ n n n
#Are there any special conditions for the permit? n ■ n n
Is access to the plant site restricted to the general public? ■ n n n
Is the inspector granted access to all areas for inspection? ■ n n n
Comment:
Operations& Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n n n
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n
Judge, and other that are applicable?
Comment:
Pump Station -Influent Yes No NA NE
Is the pump wet well free of bypass lines or structures? ■ n n n
Is the wet well free of excessive grease? ■ Cl n n %-
Are all pumps present? ■ ❑ n n \
Are all pumps operable? ■ n n n
Are float controls operable? ■ n n n
Is SCADA telemetry available and operational? n n n ■
Is audible and visual alarm available and operational? ■ n n n
Comment:
Equalization Basins Yes No NA NE
Is the basin aerated? ■ n n n
Is the basin free of bypass lines or structures to the natural environment? ■ n n n
Is the basin free of excessive grease? ■ Cl n n
Are all pumps present? ■ n n n
Are all pumps operable? ■ n n n
Are float controls operable? ■ n n n
Are audible and visual alarms operable? ■ n n n
#Is basin size/volume adequate? ■ ❑ n n
Comment:
Page# 4

Permit: NCO076082 Owner-Facility: Bear Wallow Valley MHP WWTP
Inspection Date: 08/26/2010 Inspection Type: Compliance Evaluation
Bar Screens Yes No NA NE
Type of bar screen
a.Manual ■
b.Mechanical n
Are the bars adequately screening debris? ■ n n n
Is the screen free of excessive debris? ■ n n n
Is disposal of screening in compliance? ■ n n n
Is the unit in good condition? ■ n n n
Comment:
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ n n n
Are surface aerators and mixers operational? n ❑ ■ n
Are the diffusers operational? ■ n n n
Is the foam the proper color for the treatment process? ■ n n n
Does the foam cover less than 25%of the basin's surface? ■ n n ❑
Is the DO level acceptable? ■ n n n
Is the DO level acceptable?(1.0 to 3.0 mg/I)
nn ■ n
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ n n 11
Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n
Are weirs level? ■ ❑ Cl n
Is the site free of weir blockage? ■ n
Is the site free of evidence of short-circuiting? ■ n n n
Is scum removal adequate? ■ n n n
Is the site free of excessive floating sludge? ■ n n n
Is the drive unit operational? n n ■ ❑
Is the return rate acceptable(low turbulence)? ■ n ❑ n
Page# 5

Permit: NC0076082 Owner-Facility: Bear Wallow Valley MHP WWTP
Inspection Date: 08/26/2010 Inspection Type: Compliance Evaluation
Secondary Clarifier Yes No NA NE
Is the overflow clear of excessive solids/pin floc? ■ n n n
Is the sludge blanket level acceptable?(Approximately'/<of the sidewall depth) ■ n n n
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ n n n
Are the tablets the proper size and type? ■ n n n
Number of tubes in use? 2
Is the level of chlorine residual acceptable? ■ n n n
Is the contact chamber free of growth, or sludge buildup? ■ n n n
Is there chlorine residual prior to de-chlorination? ■ n ❑ n
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ n _
Is storage appropriate for cylinders? n n ■ n
#Is de-chlorination substance stored away from chlorine containers? n n ■ n
Comment:
Are the tablets the proper size and type? ■ n n n
Are tablet de-chlorinators operational? ■ n n n
Number of tubes in use? 2
Comment:
Standby Power Yes No NA NE
Is automatically activated standby power available? ■ n n n
Is the generator tested by interrupting primary power source? ■ n n 11
Is the generator tested under load? ■ Cl Cl Cl
Was generator tested&operational during the inspection? n n n ■
Do the generator(s)have adequate capacity to operate the entire wastewater site? ■ n n n
Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ n n n
Is the generator fuel level monitored? ■ n n n
Comment:
Page# 6

Permit: NC0076082 Owner-Facility: Bear Wallow Valley MHP WWTP
Inspection Date: 08/26/2010 Inspection Type: Compliance Evaluation
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? 00013
Are the receiving water free of foam other than trace amounts and other debris? ■ Q n
If effluent (diffuser pipes are required) are they operating properly? n Cl ■
Comment:
Page# 7

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 14, 2010
Mr. Jerry G. McKinney
Coats American Inc.
P.O. Box 368
Marion, North Carolina 28752
Subject: NOTICE OF VIOLATION
NOV-2010-LM-0027
Permit No. NC0004243
Sevier Plant WWTP
McDowell County
Dear Mr. McKinney:
A review of Sevier Plant's WWTP monitoring report for May 2010 showed the following violations:
Parameter Date Limit Value Reported Value Limit Type
BOD, 5-Day(20 Deg. C) - 05/13/2010 136 Ibs/day 149 Ibs/day Daily Maximum
Quantity Daily Exceeded
BOD, 5-Day(20 Deg. C) - 05/31/2010 68 Ibs/day 75.75 Ibs/day Monthly Average
Quantity Daily Exceeded
Parameter Date Measuring Violation
Frequency
Flow, in conduit or thru treatment plant 05/01/2010 Continuous Failure to Monitor
Flow, in conduit or thru treatment plant 05/02/2010 Continuous Failure to Monitor
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 BOD violations, 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.
If the above parameter for Flow was left off inadvertently,please send an amended DMR to Raleigh at the
address found on the front page of your DMR.
The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If
you should have any questions, please do not hesitate to contact Janet Cantwell at 8281296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Phillip Pittman/ORC
NorthCarolina
s:\sWP\Mcc)owell\Wastt,water\lndustrial\Coats 0424MOV-2010-1-.M-0027.doc Amuril!!y
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 FAX e(828 299 7043 1 500 Customer
62 6748e
Internet: www.ncwaterguality.orq

ALIIR
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
September 14, 2010
Mr. Thomas W. Kilpatrick
Veolia Water North America Operating Services
PO Box 679
Etowah, NC 28729-0679
SUBJECT: Compliance Sampling Inspection
Mountain Valley WWTP
Permit No: NCO073741
Henderson County
Dear Mr. Kilpatrick:
Enclosed please find a copy of the Compliance Sampling Inspection form from the
inspection conducted on August 25, 2010. The facility was found to be in compliance with permit
NC0073741.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files
S:\SWP\Henderson\Wastewater\Minors\Mountain Valley 73741\CS1.8-25-10.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 NorthCarolina
Phone: [phone] FAX: [phone]\Customer Service: 1-877-623-6748 N6ltlfr6 llff
Internet:www.ncwaterguality.org
„e .i

United States Environmental Protection Agency Form
EPA Washington,D.C.20460 OMB Approved.
H OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 151 31 NCO073741 111 121 10/08/25 117 181 SI 191 S1 20�11
Remarks
211111 111111111111 111111111111111111111111 11111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ----------------Reserved--------------------
671 1.0 169 701 31 711 1 721 N I 73 L1J 74 751 1 I 1 I I I 180
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
01:10 PM 10/08/25 06/01/01
Mountain Valley WWTP
NCSR 1171 Exit Time/Date Permit Expiration Date
Etowah NC 28729 01:40 PM 10/08/25 10/11/30
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Thomas W Kilpatrick/ORC/828-890-4810/
Name,Address of Responsible Official/Title/Phone and Fax Number
r-� Contacted
Thomas W Kilpatrick,PO Box 679 Etowah NC 287290679//828-890-4810/ No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Operations&Maintenance Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers �y Date
! 2e /Zf
- EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont.)
3I NCO073741 I11 12I 10/08/25 117 18I S I
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
FACILITY DESCRIPTION:
The Veolia Water North America Operating Services— Mountain Valley Subdivision WWTP is a class
II facility rated as a 0.020 MGD (0.040 after A to C) Purestream®extended aeration package
plant consisting of: (no bar screen); 20,000 gallon aeration basin with dual blowers providing
diffused air; rectangular clarifier with skimmer and sludge returns; 5000 gallon aerobic
digestor with continuous overflow back into the aeration basin; tablet chlorinator; baffled
chlorine contact chamber; tablet dechlorinator; and Isco 3210 ultrasonic flow meter.
A to C: issued 9-14-1990.
Collection System: The lower section of the collection system consists of approximately 1100
feet of 3-inch pressure sewer with no manholes. Gravity taps have been allowed on the force
main section. The upper section consists of approximately 1500 feet of 8-inch gravity lines
with pre-cast manholes. There is one lift station located at the upper portion of the
subdivision. Wastewater is collected at the lift station and pumped thru a 3-inch force main to
the WWTP.
Annual average flow: 0.007 MGD for 2007-2010 (3 year average).
Development: Consists of 60 residential homes-100% domestic.
Sludge Management: Commercial hauler(Goldie &Associates) to the City of Hendersonville's WWTP.
Goldie &Associates - phone: [phone]
210 W. North Second Street, Seneca, SC 29678
PERMIT/ INSPECTION /LOG:
A review of the files indicates that the last compliance evaluation inspection was conducted on
2-25-2009 by Janet Cantwell
The permit expires on 11-30-2010. Your permit renewal request was received by the Division on
5-13-2010.
The daily operator log was present on-site and had good notation of daily events, process
control and field testing data.
FLOW MEASUREMENT:
The Isco 3210 ultrasonic flow meter was last calibrated in August 2010.
Page# 2

Permit: NCO073741 Owner-Facility: Mountain Valley WWTP
Inspection Date: 08/25/2010 Inspection Type: Compliance Sampling
EFFLUENT:
The effluent was clear and indicated compliance with permit limits.
Samples were collected on the day of the inspection. The results were as follows:
BOD = 27 mg/I
TSS = 13.8 mg/I
Fecal coliform = < 1 col/100 ml
OPERATIONS AND MAINTENANCE/ EFFLUENT/SUMMARY:
Mr. Tom Kilpatrick, ORC, assisted in the inspection and appears to be operating and maintaining
the facility very well.
SYSTEM PERFORMANCE ANNUAL REPORT:
The 2009 System Performance Annual Report was received by the Division on 2-8-2010.
Page# 3

Permit: NCO073741 Owner-Facility: Mountain Valley VVWTP
Inspection Date: 08/25/2010 Inspection Type: Compliance Sampling
Permit Yes No NA NE
(if the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ n n n
Is the facility as described in the permit? ■ n Cl n
#Are there any special conditions for the permit? n ■ n n
Is access to the plant site restricted to the general public? ■ n n n
Is the inspector granted access to all areas for inspection? ■ n n n
Comment:
Operations& Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n n n
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n
Judge, and other that are applicable?
Comment:
Aeration Basins Yes No NA NE
Mode of operation
Type of aeration system
Is the basin free of dead spots? ■ n n n -
Are surface aerators and mixers operational? n n ■ n
Are the diffusers operational? ■ n n n
Is the foam the proper color for the treatment process? ■ n n n
Does the foam cover less than 25%of the basin's surface? ■ n n n
Is the DO level acceptable? n n n ■
Is the DO level acceptable?(1.0 to 3.0 mg/1) n n n ■
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ n n n
Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n
Are weirs level? ■ n n n
Is the site free of weir blockage? ■ n n n
Is the site free of evidence of short-circuiting? ■ n n n
Is scum removal adequate? ■ n n n
Is the site free of excessive floating sludge? ■ n n n
Page# 4

Permit: NC0073741 Owner-Facility: Mountain Valley VVWTP
Inspection Date: 08/25/2010 Inspection Type: Compliance Sampling
Secondary Clarifier Yes No NA NE
Is the drive unit operational? !=1 n ■ n
Is the return rate acceptable(low turbulence)? ■ n n n
Is the overflow clear of excessive solids/pin floc? ■ n n n
Is the sludge blanket level acceptable?(Approximately'/<of the sidewall depth) ■ n n n
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ n n n
Are the tablets the proper size and type? ■ n n n
Number of tubes in use? 2
Is the level of chlorine residual acceptable? ■ n n n
Is the contact chamber free of growth, or sludge buildup? ■ n n n
Is there chlorine residual prior to de-chlorination? ■ n n n
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ n
Is storage appropriate for cylinders? n n ■ n
#Is de-chlorination substance stored away from chlorine containers? n n ■ n
Comment:
Are the tablets the proper size and type? ■ n n n
Are tablet de-chlorinators operational? ■ n n n
Number of tubes in use? 2
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ n n n
Are the receiving water free of foam other than trace amounts and other debris? ■ n n n
If effluent (diffuser pipes are required) are they operating properly? n n ■ n
Comment:
Page# 5

AFWA
`i'�A
CDER
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
September 14, 2010
Mr. Thomas W. Kilpatrick
Veolia Water North America Operating Services
PO Box 679
Etowah, NC 28729-0679
SUBJECT: Compliance Evaluation Inspection
Hunter's Glen WWTP
Permit No: NCO067288
Henderson County
Dear Mr. Kilpatrick.
Enclosed please find a copy of the Compliance Evaluation Inspection report from the
inspection conducted on August 25, 2010. The facility was found to be in compliance with permit
NC0067288.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files
S:\SWP\Henderson\Wastewater\Minors\Hunter's Glen 67288\CE1.8-25-10.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 NorffiCarolina
Phone: [phone]\FAX: [phone]\Customer Service: 1-877-623-6748 atumlly
Internet:www.ncwaterguality.or-q

United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460
OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO067288 111 121 10/08/25 117 18I CI 19I SI 20III
Remarks
21111111111111111111111111111111111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ------------------------Reserved---------------------
67) 1.0 169 701 31 71 I_I 721 NJ 73 W 74 751 I I I I III 80
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
01:55 PM 10/08/25 05/12/01
Hunter's Glen WWTP
US Hwy 64 Exit Time/Date Permit Expiration Date
Etowah NC 28729 02:55 PM 10/08/25 10/11/30
Name(s)of Onsite Representative(s)/Tities(s)/Phone and Fax Number(s) Other Facility Data
Thomas W Kilpatrick/ORC/828-890-4810/
Name,Address of Responsible OfficialfTitle/Phone and Fax Number
� Thomas W Kilpatrick,PO Box 679 Etowah NC 287290679//828-890-4810/ Contacted
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit N Operations&Maintenance 0 Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
Signature of Management Q A Reviewer 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 NCO067288 I11 12I 10/08/25 117 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
FACILITY DESCRIPTION:
The Veolia Water North America Operating Services— Hunter's Glen Subdivision WWTP is a class II
facility rated as a 0.035 MGD (0.070 after A to C) extended aeration package plant consisting
of: 36 gpd duplex influent lift station with grinder pumps and high water alarm; bar screen;
35,000 gallon aeration basin with dual 140 cfm blowers providing diffused air; 5900 gallon
rectangular clarifier with skimmer and sludge returns; 2618 gallon aerobic digestor; tablet
chlorinator; 2400 gallon baffled chlorine contact chamber; tablet dechlorinator; Isco 4210
ultrasonic flow meter; and (new August 2010) refrigerated composite sampler.
A to C was issued 4-23-1987.
Annual average flow: 0.007 MGD for 2007-2010 (3 year average).
Collection System: Consists of approximately 10,800 feet of pressure sewer system, of 2-inch,
3-inch and 4-inch diameter force mains, with individual home pump tanks; 1000 feet of 8-inch
diameter gravity lines with standard pre-cast manholes; one main left station at the WWTP. The
individual pump tanks are maintained by the utility company.
Development: Consists of 49 residential homes and one commercial establishment.
Sludge Management: Commercial hauler(Goldie &Associates) to the City of Hendersonville's WWTP.
Goldie&Associates - phone [phone]
210 W. North Second Street, Seneca, SC 29678
PERMIT/ INSPECTION /LOG:
A review of the files indicates that the last compliance evaluation inspection was conducted on
2-25-2009 by Janet Cantwell.
The permit expires on 11-30-2010. Your request for permit renewal was received by the Division
on May 13, 2010.
The daily operator log was present on-site and had good notation of daily events, process
control and field testing data.
TREATMENT UNITS/PROCESS CONTROL TESTING DATA:
The activated sludge aeration basin process control data was as follows:
Temperature = 24.5 degrees Celsius
pH = 6.7 units
Settleable Solids = 700 ml/I = 70%
Page# 2

Permit: NCO067288 Owner-Facility: Hunter's Glen VWVfP
Inspection Date: 08/25/2010 Inspection Type: Compliance Evaluation
EFFLUENT:
The effluent data was as follows:
Dissolved Oxygen = 3.3 mg/I
pH = 7.0units
Temperature = 25.5 degrees Celsius
Chlorine = < 22 ug/I
FLOW MEASUREMENT:
The facility recently (August 2010) purchased and installed a new Isco 4210 ultrasonic flow
meter with battery back-up.
OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY:
Mr. Tom Kilpatrick, ORC, assisted in the inspection and appears to be operating and maintaining
the facility very well.
The effluent was clear and appeared to be in compliance with permit limits.
SYSTEM PERFORMANCE ANNUAL REPORT:
The 2009 System Performance Annual Report was received by the Division on February 8, 2010.
Page# 3

Permit: NCO067288 Owner-Facility: Hunter's Glen VVVVTP
Inspection Date: 08/25/2010 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ n n n
Is the facility as described in the permit? ■ n ❑ n
#Are there any special conditions for the permit? n ■ n n
Is access to the plant site restricted to the general public? ■ n n n
Is the inspector granted access to all areas for inspection? ■ n n n
Comment:
Operations& Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n n n
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n Cl n
Judge, and other that are applicable?
Comment:
Pump Station -Influent Yes No NA NE
Is the pump wet well free of bypass lines or structures? ■ n n (0I
Is the wet well free of excessive grease? ■ n n n
Are all pumps present? ■ n n f-1
Are all pumps operable? ■ n n n
Are float controls operable? ■ n n n
Is SCADA telemetry available and operational? n n ■ n
Is audible and visual alarm available and operational? ■ n n n
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual ■
b.Mechanical n
Are the bars adequately screening debris? ■ n n n
Is the screen free of excessive debris? ■ n n n
Is disposal of screening in compliance? ■ n n n
Is the unit in good condition? ■ n n n
Comment:
Aeration Basins Yes No NA NE
Page# 4

Permit: NCO067288 Owner-Facility: Hunter's Glen VW TP
Inspection Date: 08/25/2010 Inspection Type: Compliance Evaluation
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ n n n
Are surface aerators and mixers operational? n n ■ n
Are the diffusers operational? ■ n n n
Is the foam the proper color for the treatment process? ■ n n n
Does the foam cover less than 25%of the basin's surface? ■ n n n
Is the DO level acceptable? n n ❑ ■
Is the DO level acceptable?(1.0 to 3.0 mg/1) In n n ■
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ n n I_l
Is the site free of excessive buildup of solids in center well of circular clarifier? In n ■ n
Are weirs level? ■ n n n
Is the site free of weir blockage? ■ In In n
Is the site free of evidence of short-circuiting? ■ n n In
Is scum removal adequate? ■ n n Cl
Is the site free of excessive floating sludge? ■ n n n
Is the drive unit operational? n n ■ n
Is the return rate acceptable(low turbulence)? ■ n n n
Is the overflow clear of excessive solids/pin floc? ■ n n n
Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ■ n n n
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ ❑ n
Are the tablets the proper size and type? ■ n n n
Number of tubes in use? 3
Is the level of chlorine residual acceptable? ■ n n n
Is the contact chamber free of growth, or sludge buildup? ■ n n n
Page# 5

Permit: NC0067288 Owner-Facility: Hunter's Glen VW TP
Inspection Date: 08/25/2010 Inspection Type: Compliance Evaluation
Disinfection-Tablet Yes No NA NE
Is there chlorine residual prior to de-chlorination? ■ n n n
Comment:
De-chlorination Yes No NA NE
Type of system?
Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ n
Is storage appropriate for cylinders? n n ■ n
#Is de-chlorination substance stored away from chlorine containers? n n ■ n
Comment:
Are the tablets the proper size and type? ■ n n n
Are tablet de-chlorinators operational? ■ n n n
Number of tubes in use? 2
Comment:
Page# 6

ril
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
September 14, 2010
Mr. Ed Gaven,
Executive Director
Emeritus Corporation
2601 US Hwy 64 E
Hendersonville, NC 28792
SUBJECT: Compliance Evaluation Inspection
Pine Park Retirement Inn
Permit No: NCO069370
Henderson County
Dear Mr. Gaven:
Enclosed please find a copy of the Compliance Evaluation Inspection report from the
inspection conducted on August 27, 2010. The facility was found to be in compliance with permit
NC0069370.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4662.
Sincerely,
Wanda P. Frazier
Enclosure Environmental Specialist
cc: Trevor McMinn, ORC
Central Files
Asheville Files
S:\SWP\Henderson\Wastewater\Minors\Pine Park Inn 69370\CE1.8-27-10.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 NorthCarolina
Phone: [phone]\FAX: [phone]\Customer Service: 1-877-623-6748 Naturally
Internet:www.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
September 15, 2010
Ms. Joy Hougan, Executive Director
Emeritus Corp DBA Pine Park
2601 U S Hwy 64 E
Hendersonville, North Carolina 28792
Subject: NOTICE OF VIOLATION
NOV-201 0-MV-01 22
Permit No. NCO069370
Pine Park Retirement Inn WWTP
Henderson County
Dear Ms. Hougan:
A review of Pine Park Retirement Inn's WWTP monitoring report for May 2010 showed the
following violation:
Parameter Date Measuring Violation
Frequency
Total Suspended Solids Week ending: 05/08/2010 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 8281296-4500.
Sincerely,
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Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Trevor McMinn/ORC
ne
S 1SVVrtHerider,onvVV@c-fowater\Minors'NPi�'»Park Inn 69:370\rIOV.2010-MV-0122.doc NorthCarolina
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North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.nowaterouality.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
September 15, 2010
Mr. Carl Daniel
Carolina Water Service Inc. of NC
P.O. Box 240908
Charlotte, North Carolina 28224-0908
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0326
Permit No. NCO022985
Fairfield Sapphire Valley WWTP
Jackson County
Dear Mr. Daniel:
A review of Fairfield Sapphire Valley WWTP's monitoring report for May 2010 showed the following
violation:
Parameter Date Limit Value Reported Value Limit Type
BOD, 5-Day (20 Deg. C) - 05/26/2010 45 mg/I 61 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
8281296-4500.
Sincerely,
L.t 0 , L �L
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
S:iSWPk,Jackson\.Alastewaten.m.inors1C.WS Fairfield SaPphire Subd 22985\t�C?�i.2 1'.,..LV 0326 doc. NorthCarofina
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North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterouality.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
September 15, 2010
Mr. Lee H. Clippard, Sr.
City of Saluda
P.O. Box 248
Saluda, North Carolina 28773-0248
Subject: NOTICE OF VIOLATION
NOV-201 0-MV-01 23
Permit No. NCO028975
Saluda WWTP
Polk County
Dear Mr. Clippard:
A review of Saluda WWTP's monitoring report for May 2010 showed the following violation:
Parameter Date Measuring Violation
Frequency
Temperature Week ending 05/08/2010 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 8281296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ ORC
S:1SWPtPolk!VVastewater\Municipai\Saluda WVVTP 28975VOV-2010-MV-0123.doc NorthCarotina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 1-877-623-6748

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NCDEN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
September 16, 2010
Ms. Shelley McCoy Alexander
42 Dalton Road
Horse Shoe, NC 28742
SUBJECT: Compliance Evaluation Inspection
Camp Highlander WWTP
Permit No: NCO033251
Henderson County
Dear Ms. Alexander:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on Auqust 27, 2010. The facility was found to be in compliance with permit
NC0033251.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Trevor McMinn
Central Files
Asheville Files
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 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 yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO033251 111 121 10/08/27 117 18I CI 19I SI 201 1
Remarks
211 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I I I I I I 1 I I I I I I I I I I I I I I 116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA —---------—----—--------Reserved---—----------------
67I 1.0 169 701 31 71 I_I 721 NJ 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)
Camp Highlander 11:45 AM 10/08/27 06/04/01
42 Dalton Rd Exit Time/Date Permit Expiration Date
Hendersonville NC 28739 12:05 PM 10/08/27 11/02/28
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Trevor Clyde McMinn/ORC/828-691-7191/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Shelley McCoy Alexander,42 Dalton Rd Horse Shoe NC 28742//828-891-772N8/
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit 0 Records/Reports 0 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
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont.)
3I NCO033251 I11 12I 10/08/27 1
17 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
FACILITY DESCRIPTION:
The Camp Highlander WWTP is a class I facility rated as a 0.0074 MGD septic tank- sand filter
system with: two 3500 gallon septic tanks; dosing tank with dual dosing siphon bells; two
alternating surface sand filters (1000 sq ft each); tablet chlorinator; chlorine contact
chamber; and tablet dechlorinator.
Sludge Management: Commercial hauler(Mike's Septic Service) to the City of Brevard's WWTP.
Permit information:
Date issued: 4-1-06
Expiration date: 2-28-11
Stream information:
Stream & river basin: unnamed tributary to South Fork Mills River; French Broad River Basin
Sub-basin: 04-03-03
Quad: Horseshoe
Grid: F 8 SE
Stream classification: WS-II Trout HQW
Drainage area sq mi: 0.1 /39.2 relocation of outfall 001
Instream Waste Conc.: 100%/0.09% relocation of outfall 001
Toxicity: 90% acute toxicity
Average stream flow: 0.2/78 cfs relocation of outfall 001*
Summer 7Q10 cfs: 0.0/ 12.7 relocation of outfall 001*
Winter 7Q10 cfs: 0.0/ 19.1 relocation of outfall 001*
30Q2 cfs: /27.19 relocation of outfall 001*
*Note: Two Wasteload Allocations (WLA) & model calculations were originally performed for this facility.
One is for a discharge is into a zero flow stream (unnamed tributary to South Fork Mills River), and the
other is for a discharge directly into South Fork Mills River. The permittee did relocate the outfall.
It now discharges into the unnamed tributary to South Fork Mills River.
The City of Hendersonville's water supply intake is — 6 miles downstream.
Subsurface System: In May 2010, anew, state of the art subsurface/non-discharge system went into
operation at this site. Steven Berkowitz, P.E., with the NCDENR- Division of Environmental Health -
On-site Water Protection Section (1642 Mail Service Center, Raleigh, NC 27699-1642 --- phone:
919-733-2895) designed and approved a non-discharging subsurface system, which consists of: pumping
graywater from several septic tanks to subsurface, styrofoam filter media pods, with filter collection to a
clearwell, flow measurement and drip irrigation/ground absorption.
Page# 2

Permit: NCO033251 Owner-Facility: Camp Highlander
Inspection Date: 08/27/2010 Inspection Type: Compliance Evaluation
NPDES System:
Inactive Status: The existing discharge system's sand filter beds have been covered with plastic and are
no longer in use. The permittee would like to maintain the permit, in the event the subsurface system
cannot handle the flow. However, it has been requested that the NCO033251 permit status be changed to
inactive, and waive the requirement for submittal of monthly DMRs and annual performace reports, since
the system is not being used.
Pemit modification: The permit requires quarterly (January, April, July and October) toxicity
monitoring. The camp is only open for the summer months. Toxicity tests results have passed for
several summers now . It has been requested that the toxicity monitoring and limits requirements be
removed from the permit.
PERMIT/ INSPECTION /LOG:
A review of the files indicates that the last compliance evaluation inspection was conducted on
8-17-2007 by Wanda Frazier.
The permit expires on 2-28-2011. Please request a permit renewal 6 months prior to expiration.
A renewal notice will be mailed as a reminder.
EFFLUENT:
The system is no longer in use. The sand filter beds have been covered. There was no discharge
at the time of the inspection.
SYSTEM PERFORMANCE ANNUAL REPORT:
The 2009 System Performance Annual Report was received by the Division on February 23, 2010.
Page# 3

Permit: NC0033251 Owner-Facility: Camp Highlander
Inspection Date: 08/27/2010 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? n ❑ ■ n
Is the facility as described in the permit? ■ n n n
#Are there any special conditions for the permit? n ■ n n
Is access to the plant site restricted to the general public? ■ n n n
Is the inspector granted access to all areas for inspection? ■ ❑ n ❑
Comment:
Page# 4

RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION
September 17, 2010
CERTIFIED MAIL
RETURN RECIEPT REQUESTED
Mr. Joe Cline, Executive Director
Tuckaseigee Water and Sewer Authority
1246 West Main Street
Sylva, NC 28779
Subject: Department of Environment and Natural Resources
and Environmental Management
Commission vs. TWSA
Special Order by Consent WQ S05-015 Ad II
Stipulated Penalties
SP-2010-0028
NPDES Permit Number NCO039578
Jackson County#1 WWTP
Dear Mr. Cline:
The Tuckaseigee Water and Sewer Authority (TWSA) entered into a Special Order by
Consent (SOC) WQ S05-015 Ad II with the North Carolina Environmental Management
Commission whereby operation of the Jackson County#1 Wastewater Treatment Plant
(WWTP) has been placed under interim effluent limitations and an enforceable schedule while
the existing WWTP is being upgraded.
Under section 2 of the Special Order by Consent, the TWSA was required to comply
with interim effluent limitations as set forth in the Consent Order. The WWTP failed to comply
with the interim effluent limitations for BOD5 contained in "Attachment A" of the Order for the
month of March 2010.
After careful review of this matter, I have not found grounds for sufficient justification to
waive the stipulated penalty, therefore, and pursuant to section 3 of the Special Order by
Consent, a stipulated penalty in the amount of $1,000.00 is now due for said violation.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 �aturallt�Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
.. s; ir , r,

Joe Cline
September 17, 2010
Page 2
Payment by certified check payable to the Department of Environment and Natural
Resources must be submitted to the Department at the address given below within thirty (30)
days from receipt of this demand:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
You are reminded that payment of said penalties mentioned in this letter will not
foreclose further penalties for any future or continuing violations, failure to meet deadline dates,
or interim effluent violations.
If you wish to contest any portion of the civil penalty assessment, you must request an
administrative hearing. This request must be in the form of a written petition to the Office of
Administrative Hearings and must conform to Chapter 150E of the North Carolina General
Statutes.
You must file your original petition with the:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
and mail or hand deliver a copy of the petition to:
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
If you have any questions concerning this notification please contact Mr. Keith Haynes
of this Office at [phone].
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
cc: DENR General Counsel
NPDES Unit ARO
SP-2010-0028letter.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION
September 17, 2010
CERTIFIED MAIL
RETURN RECIEPT REQUESTED
Mr. Joe Cline, Executive Director
Tuckaseigee Water and Sewer Authority
1246 West Main Street
Sylva, NC 28779
Subject: Department of Environment and Natural
Resources and Environmental Management
Commission vs. TWSA
Special Order by Consent WQ S05-015 Ad II
Stipulated Penalties
SP-2010-0027
NPDES Permit Number NCO039578
Jackson County#1 WWTP
Dear Mr. Cline:
The Tuckaseigee Water and Sewer Authority (TWSA) entered into a Special Order by
Consent (SOC) WQ S05-015 Ad II with the North Carolina Environmental Management
Commission whereby operation of the Jackson County#1 Wastewater Treatment Plant
(WWTP) has been placed under interim effluent limitations and an enforceable schedule while
the existing WWTP is being upgraded.
Under section 2 of the Special Order by Consent, the TWSA was required to comply
with interim effluent limitations as set forth in the Consent Order. The WWTP failed to comply
with the interim effluent limitations for Total Suspended Solids contained in "Attachment A" of
the Order for the month of January 2010.
After careful review of this matter, I have not found grounds for sufficient justification to
waive the stipulated penalty, therefore, and pursuant to section 3 of the Special Order by
Consent, a stipulated penalty in the amount of$1,000.00 is now due for said violation.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone;828-296-45001 FAX:[phone] Customer Service:1-877-623-6748 y+
Internet: www.ncwaterquality.org Naturally
y
An Equal Opportunity 1 Affirmative Action Employer

Joe Cline
September 17, 2010
Page 2
Payment by certified check payable to the Department of Environment and Natural
Resources must be submitted to the Department at the address given below within thirty (30)
days from receipt of this demand:
Point Source /Compliance Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
You are reminded that payment of said penalties mentioned in this letter will not
foreclose further penalties for any future or continuing violations, failure to meet deadline dates,
or interim effluent violations.
If you wish to contest any portion of the civil penalty assessment, you must request an
administrative hearing. This request must be in the form of a written petition to the Office of
Administrative Hearings and must conform to Chapter 150B of the North Carolina General
Statutes.
You must file your original petition with the:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
and mail or hand deliver a copy of the petition to:
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
If you have any questions concerning this notification please contact Mr. Keith Haynes
of this Office at [phone].
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
cc: DENR General Counsel
NPDES Unit
ARO
SP-2010-0027.doc

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 20, 2010
William E. McCoy
33 Timberwood Drive
Asheville,NC 28806
Dear Mr. McCoy:
This letter is a follow-up to our conversation on Tuesday, September 14, 2010, where you
expressed your desire to perform limited excavation within an un-named tributary to Lees Creek
located on your property. In order for this proposed activity to proceed with the review process,
you must include the following with your completed Pre-Construction Notification (PCN)
Application:
• A map clearly detailing the watershed drainage area above the stream segment in
question.
• A horizontal and longitudinal plan for the resultant stream channel indicating a stable
position in the landscape, along with a cross sectional area which does not exceed the
published regional curve dimensions for the measured drainage.
• A monitoring plan which provides for channel stability monitoring for a period not to
exceed 5 years, along with a contingency plan for any necessary adjustments revealed
with the monitoring data.
Should you have any questions, please do not hesitate to contact me at 828-296-4500 or at
kevin.barnettgncderingov for clarification.
Sincerely,
Kevin Barnett
Environmental Specialist
S:\SWP\Buncombe\401 s\Non-DOT\McCoy.NewLeicesterHighway\McCoy.PCN.streamexcavation.Buncombe.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 � /`I,
Internet: www.ncwaterquality.org ; atK1/rr�b{!✓,1
An Equal Opportunity 1 Affirmative Action Employer

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Goleen H. Sullins Dee Freeman
Governor Director Secretary
September 21, 2010
Matt Davis
D&S Asphalt Materials
265 Hugh Champion Rd
Tryon NC 28782
SUBJECT: NPDES Stormwater Permit Compliance Inspection
D&S Asphalt Materials Inc
Permit No: NCG160140
Polk County
Dear Mr. Davis:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
September 14, 2010. The facility was found to be in compliance with permit NCG160140.
Enclosed is a copy of the Compliance Inspection Report, which contains additional observations
and comments for your reference.
Please contact me at(828) 296-4653 or linda.wiggs&ncdenr.gov, if I can be of any further
assistance.
Sincerely,
Linda Wiggs
Environmental Specialist
Surface Water Protection
Enclosure
cc: Central Files
Asheville Files
S:\SWP\Polk\Stormwater\NCG16 Asphalt Paving Mixtures\D&S Asphalt\LTR-sept 2010.cloc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCarolina
Internet:www.ncwaterquality,org
Natura!!ff
An Equal Opportunity 1 Affirmative Action Employer

Compliance Inspection Report
Permit: NCG160140 Effective: 10/01/09 Expiration: 09/30/14 Owner: D&S Asphalt Materials
SOC: Effective: Expiration: Facility: D&S Asphalt Materials Inc
County: Polk 265 Hugh Champion Rd
Region: Asheville
Tryon NC 28782
Contact Person: Matt Davis Title: Phone:[phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 09/14/2010 Entry Time: 02:45 PM Exit Time: 03:45 PM
Primary Inspector: Linda S Wiggs Phone: [phone]
Secondary Inspector(s): Ext.4653
Reason for Inspection: Routine Inspection Type:Compliance Evaluation
Permit Inspection Type: Asphalt Paving Mixture Stormwater Discharge COC
Facility Status: ■Compliant ❑ Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1

Permit: NCG160140 Owner-Facility: D&S Asphalt Materials
Inspection Date: 09/14/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Inspection Summary:
Overall the facility was well kept at the time of the inspection.There were a couple of items that needed attention or
documenting, but the facility is well run and nicely laid out with one Stormwater Discharge Outfall location.
Secondary containment of liquid asphalt may need better housekeeping to avoid accumulated stormwater contamination.
Also booms or petroleum absorbancy products should be onsite. There was no apparent product released to stormwater
discharge outfall noted during inspection. However, there was some residual within the secondary containment area that
preventative measures and proper documentation when accumulated stormwater is released needs attention by facility
(Part II Section A#2.(b)).
Facility inspections are required to be documented (Part II Section A#8) at a minimum semi-annually.
The current permit has Tiered Response(Part II Section B), any resulting improvements from a Tiered Response should
be documented in SP3 (Part II Section A#2.(c),#4.,#7.)
For example, the facility's previous analytical results(March 2008, March 2009) indicated elevated Total Suspended Solid
(TSS) results,the facility paved the entrance drive and the latest TSS results have improved. Facility is likely going to set
up a Laboratory onsite,this should be noted in SP3 accordingly.
Page: 2

Permit: NCG160140 Owner-Facility: D&S Asphalt Materials
Inspection Date: 09/14/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Stormwater Pollution Prevention Plan Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan? ■ ❑ 1=1 p
#Does the Plan include a General Location(USGS)map? ■ ❑ ❑ 11
#Does the Plan include a"Narrative Description of Practices"? ■ n
#Does the Plan include a detailed site map including outfall locations and drainage areas? ■ n t'l 11
#Does the Plan include a list of significant spills occurring during the past 3 years? ■ n n 0
#Has the facility evaluated feasible alternatives to current practices? n n ■ n
#Does the facility provide all necessary secondary containment? ■
#Does the Plan include a BMP summary? ■ ❑ ❑ n
#Does the Plan include a Spill Prevention and Response Plan(SPRP)? ■ n n Cl
#Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ ❑ ❑ n
#Does the facility provide and document Employee Training? n n n ■
#Does the Plan include a list of Responsible Party(s)? ■ n n n
#Is the Plan reviewed and updated annually? Q n n ■
#Does the Plan include a Stormwater Facility Inspection Program? ■ n n n
Has the Stormwater Pollution Prevention Plan been implemented? ■ n n n
Comment: The facility had developed Stormwater Pollution Prevention Plan (SP3),
although the SP3 had not been totally implemented. The facility is well maintained and
appears to be doing the required components of the SP3, but not always documenting
the activities(i.e. facility inspections need to be performed and documented
semi-annually, secondary containment records need to be completed, and changes to
BMPs need to be documented).
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ■ n n ❑
Comment:
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? ■ n 110
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? n n ■
Comment:
Permit and Outfalls Yes No NA NE
#Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ n
#Were all outfalls observed during the inspection? ■ n n n
Page: 3

Permit: NCG160140 Owner-Facility: D&S Asphalt Materials
Inspection Date: 09/14/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine
#If the facility has representative outfall status, is it properly documented by the Division? D Q ■ 0
#Has the facility evaluated all illicit(non stormwater)discharges? ■ ❑ n ❑
Comment:
Page: 4

H_
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
September 21, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Angelo Accetturo
Wilderness Trail
140 Azalea Cir
Banner Elk,NC 28604
SUBJECT: NOTICE OF CONTINUING VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Wilderness Trail
DWQ Tracking Number: NCR001102
NOV-2010-PC-1027
Construction Stormwater Permit NCG010000
Stream Standard Violation - Other Waste (In-stream sediment)
Avery County
Response deadline: October 21, 2010
Dear Mr. Accetturo:
On August 25, 2010, Linda Wiggs from the Asheville Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection for Wilderness Trail along Elk Park Highway in Avery
County. Avery County representatives, Army Corp of Engineer representatives, as well as
yourself and your consultants were present.
Construction Stormwater Permit NCGO10000 and stream standards violations were noted during
the inspection and file review. Sediment impacts to Greenbriar Creek and tributaries to Greenbriar
Creek (class C-Trout waters) remain and continue to worsen, constituting permit and standard
violations. Approximately 10,000 feet of stream are impacted with varying depths of sediment.
As a result of the site inspection and file review, the following violations, detailed below, were
noted:
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 1 Affirmative Action Employer

Angelo Accetturo
September 21,2010
Page 2 of 4
VIOLATIONS
I. Construction Stormwater Permit NCGO10000 - A Construction Stormwater Permit
(NCGO10000)is issued upon the approval of an Erosion and Sedimentation Control Plan
for sites greater than one acre. Specifically, the NCG010000 Permit authorizes discharge
of stormwater under the National Pollutant Discharge Elimination System (NPDES) in
accordance with Title 15 A North Carolina Administrative Code 2H.0100.
a. Rain Gauge Data (Part I. Section B. No. 1.) Rain gauge data, measured daily, was
not recorded and available for review.
b. Schedule of Compliance (Part I. Section C. No. 2) Failure to operate and
maintain stormwater controls to optimum efficiency as cited by Avery County
inspection dated 8-25-10, represents a violation of NCGO10000 Permit.
c. Minimum Monitoring and Record Keeping (Part I. Section B. No. 3)
Inspection records of erosion& sedimentation control measures and stormwater
discharges, collected weekly and after every half-inch or greater rain event, were
not recorded and available for review.
d. Final Limitations and Controls for Stormwater Discharges (Part I. Section A.
No.2) Failure to follow Erosion Control Plan, as cited in Avery County inspection
dated 8-25-10, represents a violation of NCG010000 Permit.
e. Twenty-four Hour Reporting (Part II. Section E. No.3) The lack of notification
to DWQ regarding sediment loss represents violations of NCGO10000 Permit.
II. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211
(3)f- Greater than 10,000 feet of Greenbriar Creek and tributaries to Greenbriar Creek, was
impacted by sediment deposition greater than 6 inches throughout the stream reach,
representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f)
REQUIRED RESPONSE
This Office requests that you respond in writing by October 21,2010. Your response should be
sent to both the attention of Linda Wiggs, Division of Water Quality, 2090 US HWY 70,
Swannanoa, NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS
Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617.
Your response should address the following items:
I. Construction Stormwater Permit NCG010000
a. Please detail the events that resulted in non-compliance with the above-mentioned
NCGO10000 permit conditions.
b. Please explain when you anticipate being in full compliance with the NCG010000
Permit and your Erosion and Sediment Control Plan.

.aro
z1,2010
4
c. Please provide information detailing your compliance with the minimum
monitoring and reporting requirements as requested above for each phase of the
project. This information must include monitoring records through the August 25,
2010 inspection to the date of your written response to this letter. Specifically, it is
requested that DWQ be provided a copy of all rain gauge data and weekly
inspection/monitoring reports related to your inspections of the approved
sedimentation and erosion control facilities and stormwater outfalls. Copies of all
corresponding inspections subsequent to rain events greater than 0.5 inches are
requested as well. Failure to provide this information will constitute violations of
the subject NCGO10000 Permit.
d. You should include in your response an explanation of how you propose to
prevent these problems from reoccurring on this project and on future
proj ects.
e. The Permittee (Financially Responsible Party as indicated on Erosion and
Sedimentation Control Plan application) is required to sign the inspection form each
week, certifying that the report is accurate and complete. The Permittee may
authorize a representative to sign these documents (please see Part II Section B (10
b) of the NCGO10000 Permit for proper procedure).
TI. Stream Standard - Other Waste (In-Stream Sediment)
a. Please explain when construction (excavation, grubbing, and clearing) began at the
site.
b. Please provide a map that exactly details the jurisdictional waters on the tract. This
map should indicate all of the jurisdictional waters on the tract as well as the areas
that have been impacted, both on and off site. This information must be clearly
depicted on a map that you provide as a part of this response.
c. Please submit a Sediment Removal Restoration Plan (Restoration Plan)to this
office for review and approval. The Restoration Plan must address removal of the
accumulated sediment from Greenbriar streams. The Restoration Plan must be
submitted to the Division of Water Quality for review and approval prior to
implementation. You are encouraged to secure an environmental consultant
experienced in stream restoration to assist you with your plan development, and
authorization necessary to achieve compliance. It is recommended that your
consultant contact Linda Wiggs of the Asheville Regional Office for additional
guidance during restoration plan development. The Restoration Plan should include
the following:
• A narrative explaining how sediment will be removed and how impacted
jurisdictional waters will be restored.

Angelo Accetturo
September 21,2010
Page 4 of 4
• A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
• A diagram of the stream channel, referenced with photo documentation of
sediment impacts.
• A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standards are not exceeded.
d. Once the Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Linda S Wiggs.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Linda Wiggs at [phone].
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit-Central Office
ARO File Copy
Corp of Engineers-Asheville (e-copy)
Avery County Planning (e-copy)
S:\SWP\Avery\Stormwater\NCGOI Construction\WildemessTrail-NCROO1102\nov-2010-pc1027.doc

A
LA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins Dee Freeman
Governor Director Secretary
September 21, 2010
Jason Conner
B.V. Hedrick Gravel and Stone
Post Office Box 425
Swarmanoa,North Carolina 28778
Subject: No Exposure Certification-Denial
NCGNE0698
Green Lee Mine
McDowell County
Dear Mr. Conner:
The Division of Water Quality(DWQ)has reviewed the No Exposure Certification for Exclusion submitted for the Green
Lee Mine.
The information gathered by DWQ staff indicated that a No Exposure is not appropriate under the NCG020000 permit.
Staff noted that current site conditions would likely allow for a modified monitoring schedule under the existing permit
while the site is inactive.
Please contact Kevin Barnett at 828-296-4659 or [e-mail], if you have any questions or need any other
assistance.
Sincerely,
Roger Edwards
Regional Office Supervisor
Surface Water Protection Section
cc: Stormwater Permitting Unit Files
ARO File Copy
S:\SWP\McDowell\Stormwater\NCG02 Mining\Hedrick Industri es\NE.Den ial.NCG020231.doc
Location:2090 U.S.Highway 70.Swannanoa,North Carolina 28778
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 One
Internet:www.ncwaterquality.org NorthCarolina
An Equal Opportunity\Affirmative Action Employer Naturallil

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 21, 2010
Jason Conner
B.V. Hedrick Gravel and Stone
Post Office Box 425
Swannanoa,North Carolina 28778
Subject: No Exposure Certification-Denial
NCGNE0699
Woody Pit
McDowell County
Dear Mr. Conner:
The Division of Water Quality(DWQ) has reviewed the No Exposure Certification for Exclusion submitted for the
Woody Pit.
ne information gathered by DWQ staff indicated that a No Exposure is not appropriate under the NCG020000 permit.
Staff noted that current site conditions would likely allow for a modified monitoring schedule under the existing permit
while the site is inactive.
Please contact Kevin Barnett at 828-296-4659 or kevin.barnett@a,ncdenr.gov, if you have any questions or need any other
assistance.
Sincerely,
Roger Edwards
Regional Office Supervisor
Surface Water Protection Section
cc: Stormwater Permitting Unit Files
ARO File Copy
S:\SWP\McDowell\Stormwater\NCG02 Mining\Hedrick Industries\NE.Den ial.NCG020333.doe
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 One
Internet:www,ncwaterqualit .org NorthC,/aarr�oliina
An Equal Opportunity\Affirmative Action Employer Naturally
�r"" lly

��';�' k
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 21, 2010
Don Sudy
558 New Bern Station Court
Charlotte,North Carolina 28209
Subject: 401 Water Quality Certification-Approval
Don Sudy, Lot 244
DWQ Project# 20100668
Burke County
CTB30/Lake James/ 11-(23)/Class WS-V, B
Dear Mr. Sudy:
The DWQ has completed the review of your 401 Water Quality Certification application associated with the subject
project listed above.
Approval has been granted to place fill within or otherwise impact 159 linear feet of shoreline for the purpose of shoreline
stabilization and water access at the subject property. This approval requires you to follow the conditions listed in the
tached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows you to use
Regional General Permit 30 when issued by the US Army Corps of Engineers(USACE). Authorization to proceed with
your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the corresponding USACE General Permit Verification. In addition, you
should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your
project including(but not limited to) Erosion and Sediment Control and Catawba Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,you must
notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of this
Certification are met. No other impacts are approved including incidental impacts:
Amount A roved(Units) Plan Location or Reference
Waters l 59 (linear feet) Stabilization
Additional Conditions
1. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive
velocities through the protected stream buffers such that it will not re-concentrate before discharging into waters.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 �tle Otie Carolina
Internet:www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

Sudy Shoreline Stabilization
September 21,2010
Page 2 of 2
2. Burke County Catawba Buffer Ordinance
The proposed project must comply with the Burke County local riparian buffer ordinance approved by the
Division of Water Quality under the Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers, 15A NCAC 02B .0243(b).
3. Turbidity Standard
The turbidity standard of 25 NTUs(Nephelometric Turbidity Units)shall not be exceeded as described in 15 A
NCAC 2B. .0200. Appropriate sediment and erosion control practices must be used to meet this standard.
4. Rip-Rap Installation
Riprap shall be placed as a linear protective measure upon the natural or re-graded slopes. Stone used in
stabilization shall be a random size,varying from Class B riprap up to 6 feet in diameter to provide additional
wildlife habitat. All exposed soils above the Riprap stabilized area shall be replanted in accordance with the
attached Guidelines for Riparian Buffer Restoration.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),
you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a
hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. This certification and its conditions are
final and binding unless you ask for a hearing. f
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
CHSIkhb
Eric: GC3693
Certificate of Completion
Catawba River Buffer Rule
Guidelines for Riparian Buffer Restoration
cc: Carissa Castle, Bernick Enterprises, LLC
Burke County Planner
USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
G AWPDATA\DEMWQ\Burke\401 s\10-0436.Lindquist.ShorelineStabil.approval.doe

AJ�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
September 21, 2010
Mark Tucker
6580 Willowbottom Road
Hickory,North Carolina 28602
Subject: 401 Water Quality Certification -Approval
Mark Tucker,Lot 155
DWQ Project# 20100629
McDowell County
CTB30/Lake James/ l l-(23)/Class WS-V, B
Dear Mr. Tucker:
The DWQ has completed the review of your 401 Water Quality Certification application associated with the subject
project listed above.
Approval has been granted to place fill within or otherwise impact 98 linear feet of shoreline for the purpose of shoreline
stabilization and water access at the subject property. This approval requires you to follow the conditions listed in the
ttached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows you to use
Regional General Permit 30 when issued by the US Army Corps of Engineers(USACE). Authorization to proceed with
your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the corresponding USACE General Permit Verification. In addition,you
should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your
project including(but not limited to)Erosion and Sediment Control and Catawba Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,you must
notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of this
Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Waters 198 (linear feet) Stabilization
Additional Conditions
1. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive
velocities through the protected stream buffers such that it will not re-concentrate before discharging into waters.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCarolina
Internet:www,ncwaterquality.org
'Vatutrally
An Equal Opportunity 1 Affirmative Action Employer

Tucker Shoreline Stabilization
September 21,2010
Page 2 of 2
2. Catawba Buffer Ordinance
The proposed project must comply with the Catawba River Basin: Protection and Maintenance of Existing
Riparian Buffers, 15A NCAC 02B .0243(b).
3. Turbidity Standard
The turbidity standard of 25 NTUs(Nephelometric Turbidity Units) shall not be exceeded as described in 15 A
NCAC 2B. .0200. Appropriate sediment and erosion control practices must be used to meet this standard.
4. Rip-Rap Installation
Riprap shall be placed as a linear protective measure upon the natural or re-graded slopes. Stone used in
stabilization shall be a random size, varying from Class B riprap up to 6 feet in diameter to provide additional
wildlife habitat. All exposed soils above the Riprap stabilized area shall be replanted in accordance with the
attached Guidelines for Riparian Buffer Restoration.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts),
you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a
hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-6714. This certification and its conditions are
final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean J ,
Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at 828-296-4657.
Sincerely,
7' Iry
L . "
Coleen H. Sullins, Director
CHS/khb
Enc: GC3693
Certificate of Completion
Catawba River Buffer Rule
Guidelines for Riparian Buffer Restoration
cc: Carissa Castle, Bennick Enterprises, LLC
McDowell County Planner
USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
S:\SWP\McDowell\401s\Non-DOT\MarkTucker\01-0629.Tucker.Shorelinestabi1.approval.doc`' -/

A=*rA1
!C1DENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 21, 2010
Joe Davis
375 Magnolia Drive
Nebo,North Carolina 28761
Subject: 401 Water Quality Certification-Approval
Joe Davis, Lot 12
DWQ Project# 20100662
McDowell County
CTB30/Lake James/ l l-(23)/Class WS-V, B
Dear Mr. Davis:
The DWQ has completed the review of your 401 Water Quality Certification application associated with the subject
project listed above.
Approval has been granted to place fill within or otherwise impact 160 linear feet of shoreline for the purpose of shoreline
stabilization and water access at the subject property. This approval requires you to follow the conditions listed in the
�ttached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3693, This Certification allows you to use
Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with
your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the corresponding USACE General Permit Verification. In addition,you
should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your
project including(but not limited to) Erosion and Sediment Control and Catawba Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project, you must
notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of this
Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Waters 1 160 (linear feet) Stabilization
Additional Conditions
1. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive
velocities through the protected stream buffers such that it will not re-concentrate before discharging into waters.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCarolina Internet:www.ncwaterquality.org ��tlil'1����
An Equal Opportunity 1 Affirmative Action Employer 6 t l

Davis Shoreline Stabilization
September 21,2010
Page 2 of 2
2. Catawba Buffer Ordinance
The proposed project must comply with the Catawba River Basin: Protection and Maintenance of Existing
Riparian Buffers, 15A NCAC 02B .0243(b).
3. Turbidity Standard
The turbidity standard of 25 NTUs(Nephelometric Turbidity Units)shall not be exceeded as described in 15 A
NCAC 2B. .0200.Appropriate sediment and erosion control practices must be used to meet this standard.
4. Rip-Rap Installation
Riprap shall be placed as a linear protective measure upon the natural or re-graded slopes. Stone used in
stabilization shall be a random size,varying from Class B riprap up to 6 feet in diameter to provide additional
wildlife habitat. All exposed soils above the Riprap stabilized area shall be replanted in accordance with the
attached Guidelines for Riparian Buffer Restoration.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),
you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a
hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-6714, This certification and its conditions are
final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at 828-296-4657.
Sincerely,
Coleen H. Sullins, Director
CHS/khb
Eric: GC3693
Certificate of Completion
Catawba River Buffer Rule
Guidelines for Riparian Buffer Restoration
cc: Carissa Castle, Bennick Enterprises, LLC
McDowell County Planner
USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
S:\SWPNcDowell\401s\Non-DOT\Davis,Joe\01-0662.Davis.ShorelineStabil.approval.(,,__.,.

A 7L4LA.
WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
September 21, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Steve and Peggy Im
Post Office Box 1547
Eatonville, Washington 98328
SUBJECT: NOTICE OF CONTINUING and ADDITIONAL VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Im Property
NOV-2008-CV-0016
Failure to Secure 401 Water Quality Certification (WQC)
Removal of Best Usage
Cherokee County
Response deadline: October 5, 2010
Dear Mr. and Mrs. Im:
On September 1, 2010, Kevin Barnett from the Asheville Regional Office of the Division of Water
Quality (DWQ), along with David McHenry of the NC Wildlife Resources Commission,
conducted a site inspection for the Im property along Ebenezer Road in Cherokee County.
401 certification and stream standards violations were noted during the inspection and file review.
Fill impacts to Rose Creek and an un-named tributary to Rose Creek (Classified WS-IV) were
documented constituting permit, certification and standard violations. It was discovered that four
(4) twenty foot culverts, a concrete dam with an associated—15 feet of rock fill have been installed
in Rose Creek and its tributaries, along with a significantly reduced flow by method of a water
pumping system (fed by the above referenced impoundment). Several of these impacts were
previously cited in a Notice of Violation issued September 22, 2008, for which a Pre-Construction
Notification (PCN) was submitted on October 9, 2008. Additional information was requested by
letter dated November 17, 2008, and after receiving no response, the application was returned as
incomplete on December 22, 2008, which instructed you to submit a plan for the removal of all
unauthorized impacts. NO such plan has been received.
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 Aaturally
An Equal Opportunity 1 Affirmative Action Employer

Steve and Peggy Im
September 21,2010
Page 2 of 3
As a result of the site inspection and file review, the following violations, detailed below, were
noted:
I Failure to Secure 401 WQC
II Removal of Best Usage 15A NCAC 0213.0211 (2)
VIOLATIONS
I. Failure to Secure 401 WQC—A Notice of Violation was issued September 22, 2008 for
unauthorized culverts and concerte dam/rock fill. Steve and Peggy Im, through Ryan
Helton(Agent) submitted a Pre-Construction Notification (PCN) on October 9, 2008. The
impacts were never authorized by the US Army Corps of Engineers nor the Division of
Water Quality. A Pre-Construction Notification submitted to DWQ is required prior to the
above-mentioned impacts pursuant to 15A NCAC 2H .0500.
IL Removal of Best Usage— 15A NCAC 0211.0211 (2)—Greater than 1,000 feet of Rose
Creek(Classified WS-IV) was impacted by the removal of flow, representing Water
Quality Stream Standard violation of 15A NCAC 02B .0211 (2).
REQUIRED RESPONSE
This Office requests that you respond on, or before close of business, October 5, 2010. 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:
• Why culverts and a dam were installed without first obtaining authorization.
• Why significant water is being removed from Rose Creek, such that Best Usage
is being removed.
• Why a restoration plan was not submitted as required in the Return and
Incomplete letter issued December 22, 2008.
• A thorough and complete restoration plan must be submitted which will provide
for the removal of the 4 unauthorized culverts, the concrete dam along with rock
fill, and a final stream plan dimension,plan and profile for the restoration of the
channels where these impacts will be removed, including a discussion as to how
the hydraulic flow will be returned to Rose Creek.
Jl

im
,2010
hank you for your attention to this matter. This Office will be 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
ARO File Copy
US Army Corps of Engineers, Asheville Regulatory Field Office
Division of Land Resources
Ryan Helton, Agent
Post Office Box 1125, Copper Hill, Tennessee 37317
Cherokee County Planning
S:\SWP\Cherokee\401s\Non-DOT\Rose Creek Comp]aint\NOV2008CVOO16.lm.Continuing.doe

_l
__ __

74NCDENR
�o
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Dee Freeman
Governor Director
Secretary
September 21, 2010
Rob Evans
NC Plant Conservation Program
1321 Mail Service Center
Raleigh,NC 27699
Subject: 401 Water Quality Certification -Approval
Ochlawaha Bog Restoration
DWQ Project# 10-0599
Henderson County
FRB02/Mud Creek/6-55 /C
Dear Mr. Evans:
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 0.005 acres of wetlands and 1,500 feet of
streams waters for the purpose of stream and wetland restoration at the subject property. This approval
requires you to follow the conditions listed in the attached Certification and any additional conditions
listed below.
Project impacts are covered by General Water Quality Certification Number 3689. This Certification allows
you to use Nationwide Permit 27 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
= Stream 1,500 (feet) DWGs dated 7.20.10
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:[phone]t FAX:[phone]\Customer Service:1-877-623-6748 NorthCarolina
Internet:www.ncwaterquality:org
�VR'tlll't�lj(y
An Equal Opportunity 1.Affirmative Action Employer

Rob Evans
September 21,2010
Page 2 of 2
404/CAMA Wetlands 0.005 (acres) DWGs dated 7.20.10
Additional Conditions
1. The project shall follow the QAPP dated August 16, 2010. If the monitoring results indicate that
structural modifications or repairs are needed, approval shall be sought from the DWQ prior to
implementation.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Chuck Cranford in the Asheville Regional Office
at 828-296-4664.
Sincerely,
Coleen H. Sullins, Director
CHSlcbc
Eric: GC3689
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
S:\S WP\Henderson\401 salon-DOMehlawaha Bog\APRVL.9.15.10.doc

WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 22, 2010
Danny Searcy—Director of Planning
Rutherford County Planning Department
174 Fairground Road
Spindale, NC 28160
Jason Ruff Chief Building Inspector
Rutherford County Building Inspections
141 West Third Street
Rutherfordton,NC 28139
Subject: Request to Hold Project Permits
Queens Gap Development
Dear Messrs. Searcy and Ruff:
The Division of Water Quality has been forced to issue a number of Notices of Violation related
to stream impacts and NPDES Construction Stormwater permit condition violations at the
Queens Gap development. The State Attorney General's office is currently pursuing collection
of assessments issued as a result of the developer's actions.
It seems the development may be undergoing some sort of ownership change. The
development's status is not fully clear at this point.
The Division would like to request that Rutherford County withhold and/or suspend any permits
associated with the development. We anticipate these actions would help facilitate the resolution
of stream damages, which includes damage to private property adjacent to the site, and other
violations prior to any continued development activity on the site.
In addition, for your information, The Division of Land Resources also has the site under
multiple violations and the U.S. Army Corps of Engineers has suspended the 404 Permit related
to impacts within the golf course portion.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOfthCarolina
Phone:[phone] FAX:[phone]\Customer Service:1-877-623-6748 y� `!
Internet: www.ncwatergLiality.org �'J�,/�atul ab` l
An Equal OPPortunity\Affirmative Action Employer

Rutherford County
September 22,2010
Page 2 of 2
Thank you for your consideration in this matter. The Division appreciates any support you can
provide.
Sincerely,
,may
tit C.- • �G ,�-�,�„��
Roger C. Edwards, Regional Office Supervisor
Surface Water Protection
Asheville Regional Office
cc: John Condrey- Rutherford County Manager
289 N. Main St.
Rutherfordton,NC 28139

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
September 22, 2010
Thomas Frungillo
3403 Old Onslow Rd
Greensboro,NC 27407
Subject: Incident Closure
NOV-2008-OP-0038
Caldwell County
Dear Mr. Frungillo:
The Division of Water Quality (DWQ) has completed a site visit and inspection of your property
related to the subject Notice of Violation.
The work that has been completed to stabilize the site has satisfactorily resolved the violations
noted in NOV-2008- OP-0038.
Thank you for your cooperation in this matter. Should you have any questions regarding these
matters, please contact me at [phone].
Sincere,
Linda Wiggs
Surface Water Protection Section
Environmental Specialist
cc: ARO File Copy
DWQ Central Files
S:\SWP\Caldwell\Comp]aints\Frungillo\NOV-2008-op-0038 Closure.doc
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:828 29 1 FAX:[phone] Customer Service:1-877 623 674$ ��turaCl�
Internet: www.ncwatcwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

% _
I
�`_
___

�T:•�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
September 22, 2010
Jonathan and Kathleen Grayson
4020 NC HWY 226
Bostic,NC 28018
Robert C. Grayson and
Harold S. Grayson
223 Red Bud Lane
Bostic,NC 28018
Subject: Incident Closure
NOV-2010-OP-0038
Rutherford County
Dear Property Owners:
The Division of Water Quality(DWQ)has completed a site visit and inspection of your property
related to the subject Notice of Violation.
The work that has been completed to vegetate and stabilize the streambanks at the site has
satisfactorily resolved the violations noted in NOV-2010- OP-0038.
Thank you for your cooperation in this matter. Should you have any questions regarding these
matters, please contact me at chuck.cranfordnncdenr.gov or(828) 296-4664.
Sincerely, �f
lo:rd
Chuck Cr
Environmental Specialist
Surface Water Protection
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
Darlene Kucken- Division of Land Resources (e-copy)
Liz Hair—USACE (e-copy)
Rutherford County Planning
S:\SWP\Rutherford\Complaints\Redbud Lane\CLO.9.22.10.doc
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NofthCa,Tolina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 Internet: www.ncwatergLiality.org v
An Equal Opportunity\Affirmative Action Employer /J�,/�atura!!'y

A LT M_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
September 22, 2010
Dale Hamlin
Carriage Park
2827 Haywood Rd
Hendersonville,NC 28791
Subject: Incident Closure
NOV-2010-SS-0005
Henderson County
Dear Mr. Hamlin:
The Division of Water Quality(DWQ)has received a remediation report from Clearwater
Environmental Consultants, Inc., related to the subject Notice of Violation.
DWQ conducted a follow-up site visit on September 2, 2010 and has reviewed the information
provided by Clearwater. The DWQ understands an adjacent landowner has not allowed your staff
access to complete sediment removal on their property. Therefore, although some sediment impacts
to surface waters remain,the written response and the sediment removal results observed at the site
have satisfactorily resolved the violations noted in NOV-2010-SS-0005.
Thank you for your cooperation in this matter. Should you have any questions regarding these
matters, please contact me at chuck.cranfordnncdenr.gov or(828) 296-4664.
Sincerely,
z7
Chuck Cranford
Environmental Specialist
Surface Water Protection
cc: Clement Riddle—CEC, Inc.
Tim Fox—Henderson County
John Hennessey—NPS Assistance and Compliance Oversight Unit
ARO File Copy
S:\SWP\Henderson\Complaints\Carriage Park\CLO.9.22.10.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 �aturallr�
Internet: www,ncwaterquality.org
An Equal Opportunity\Affirmative Action Employer

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 22,2010
Richard A.Lipsey
6823 Exchequer Drive
Baton Rouge,LA 70809
Subject: Return of Application
401 Water Quality Certification
Lipsey Water Facility
DWQ Project#05-0844 V 2
Macon County
Dear Mr. Lipsey:
The Division of Water Quality(DWQ)has reviewed the most recent application submittal, dated June 24,2010, for the
subject project. The requisite information required to complete the review process was not included. Therefore,the
project application is considered incomplete and inadequate for review by the Division of Water Quality(DWQ).
-',Please note: No impacts associated with the subject project are approved at this time.
To pursue the project further, a new Pre-Construction Notification(PCN)and applicable fee will be required.
Prior to resubmitting a PCN for this project, it is recommended you utilize the 401 Oversight/Express Permitting PCN
Submittal Checklist. This document provides a comprehensive list of submittal requirements and is available from the
DWQ website: http://portal.ncdenr.org web/wq/swp/ws/401/certsandperfnits/appl /f�.
Upon receipt of a complete application along with the applicable fee,the DWQ will promptly review the package and
respond accordingly. Please call Chuck Cranford 828-296-4664, if you have any questions.
Sincerely,
' \
Roger C.Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: John Jacobs—543 Depot St.Franklin,NC 28734
Ronnie Dilbeck—Green Solutions Environmental (e-copy)
Lori Beckwith—USACE(e-copy)
David McHenry—NCWRC(e-copy)
Matt Mason—Macon County(e-copy)
Ian McMillan-401 Permitting Unit
ARO File copy
S:\SWP\Macon\401s\Non-DOT\Lipsey Water Facility\RTN.9.22.10.doc

S41W
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 22, 2010
Rutherford County
DWQ Project 20100757
NC SR 1156(Martin 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 two(2)unnamed
tributaries to the Broad River for the purpose of widening and paving NCSR 1156(Martin Road) in Rutherford County:
Stream Impacts in the Broad 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 d 0 0 19 20 39 0
Site 2 0 0 19 Z0 39 0
Total 0 0 1 38 40 78 0
Total Permanent Stream Impacts for Project: 38 linear ft. Total Temporary Stream Impacts for Project: 40 linear ft.
The project should be constructed in accordance with your application dated September 9, 2010 (received September 13,
2010), including the environmental commitments made in the application letter. After reviewing your application, we
have decided that these impacts are covered by General Water Quality Certification No. 3820, corresponding to the U.S.
Army Corps of Engineers Nationwide Permit Number 14. In addition,you should acquire any other federal, state or local
permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge
and Water Supply Watershed regulations.
This approval is valid solely for the purpose and design described in your application (unless modified below). Should
your project change, you must notify the DWQ and submit a new application. If the property is sold,the new owner must
be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If
total wetland fills for this project(now or in the future)exceed one acre, or if total impacts to streams(now
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 �aturallr�
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

Mr. J. J. Swain, Jr., P.E.
September 22, 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.
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 th
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. 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.
5. 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.
6. 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.
7. 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 b(.
temporary and be revegetated with native riparian species.

_,wain,Jr., P.E.
1ber 22,2010
,o Three
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
16. 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.
17. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
18. 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.
19. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
20. 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.
21. 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.
22. 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.
23. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules,
regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
24. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
25. Upon completion of the project (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.
September 22,2010
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 CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60)
days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter
150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699-6714. if modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the
Certification. Unless such demands are made,this Certification shall be final and binding.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: Lori Beckwith, USACE,Asheville Field Office
Roger Bryan, Division 13, DEO
Ed Ingle, Roadside Environmental
David McHenry, NCWRC
Transportation Permitting Unit
Asheville Regional Office
100757(Swain)NCSR 1156(Martin Road)

A"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
September 22, 2010
Rutherford County
TIP B-4262
DWQ Project 20100733
NCSR 1520(Rock 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 an unnamed tributary
to Cathey's Creek for the purpose of replacing the existing bridge with a 99 linear feet aluminum box culvert on NCSR
520 (Rock Road ) in Rutherford County:
Stream Impacts in the Broad 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 99 20 1 119 0
Total 0 0 99 1 20 . 119 0
Total Permanent Stream Impacts for Project: 99 linear ft.Total Temporary Stream Impacts for Project: 20 linear ft.
The project should be constructed in accordance with your application dated September 1, 2010 (received September 7,
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 NorthCarolina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748
Internet: www,ncwaterqual4.org
An Equal Opportunity 1 Affirmative Action Employer

Mr. J. J. Swain,Jr., P.E.
September 22,2010
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.
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 tb,,—
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. 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.
5. NCDOT will need to adhere to all appropriate in-water work moratoria prescribed by the NC Wildlife
Resources Commission.
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.
8. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum exte`
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.

,ain, Jr., P.E.
,er 22,2010
l hree
9. Strict adherence to the most recent version of NCDOT's Best Management Practices for Bridge Demolition and
Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification.
10. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
11. 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.
12. 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.
13. 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.
14. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
15. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants,hydraulic fluids, or other toxic materials.
16. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
18. 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.
a. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
20. 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.
21. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
22. 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.
23. 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.
24. 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.
25. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules,
regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
26. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
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.
September 22, 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 CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60)
days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter
150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh,N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the
Certification. Unless such demands are made,this Certification shall be final and binding.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: Lori Beckwith, USACE,Asheville Field Office
Roger Bryan, Division 13,DEO
Ed Ingle, Roadside Environmental
Marla Chambers,NCWRC
Transportation Permitting Unit
Asheville Regional Office
100733(Swain)B4262 NCSR 1520 Rock Road

ATmA..
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 23, 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 September 2, 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,
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 September 2010
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone;828-296-45001 FAX:[phone] One
Customer Service:1-877-623-6748 NorthCarol.ina
Internet:www.ncwaterguality.orq Nahmalf
An Equal Opportunity 1 Affirmative Action Employer L/

DWQ Site Visits for DOT Proiects
Field Sheet
DWQ representative: Michael R. Parker Date: September 2,2010
County: Henderson Region: I 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 Widening Proiect R-4430
Location of Project: Upward Road(NCSR 1783)between US Highway 176 and Howard Gap Road
Project Complete: ❑Yes X No; If no, estimated date of completion:
Activities(DOT): Water Quality Concerns (DWQ):
X❑ Bridge ❑ Steam Standards Violation
X❑ Culvert X❑ Turbidity
❑ Bottomless Culvert ❑ Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E& S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration X❑ Fill
❑ On-site Stream Relocation ❑ Buffer Impacts(see below)
❑ Buffer Restoration ❑ Other
X❑ Bank Stabilization
❑ Other
Additional Wetland Impacts: ❑yes X❑ no Estimated Acres
❑ Zone I Est Acres ❑ Zone 2 Est Acres
Additional Stream Impacts: ❑yes X❑ no Est Linear feet
Estimated linear feet of impact: I -
Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba
Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact[ ft/ ac
Zone 2: ]Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Buffer Designation: ❑Exempt []Allowable ❑Allowable w/mitigation ❑Prohibited

DWO Site Visits for DOT Proiects
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-1 ❑WS-IV ❑SA ❑CA
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: X❑0— 1/10`h acre ❑1/1 I'h to 1/3rd acre 0.1 acre
❑1/3rd 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 and work has started on the new I-26 bridges.
The stormwater control pond is almost complete.
Upward Road R-4430 Inspection September 2010

44A,
AWENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 23, 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 Highway 64
DWQ Project No. 08-0396
TIP No. A-0011 BB
Clay County
Dear Mr. Setzer:
On September 8, 2010, I conducted a stormwater inspection for TIP Project No. A-0011 BB, US Highway 64
construction project in Clay 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,
/,-:;,-62'&'
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Trent Anderson, P.E.
Mark Davis, Division 14, DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
(Setzer)A-0011 BB September 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:www.ncwaterquality.org North'C/yarofina
An Equal Opportunity 1 Affirmative Action Employer vVa`JlK[ally

Form A June-0u5
SR_-Inspection form- Coi7sfruction Sformwvai'er Permilt�]PDES NCG010000
Site blame:
DWQ R0: ..
Inspector � ,� y 1 DWQ Inspection date: (Al,V
Location:
2.County: (A2) S. Stream: (A5)�
3.Rosin: (Al 6.Class�fi)�
10
t
r
4. Location description:
(Topographical viciniPyUmap of site is attached for case file)
7. Land disturbance clue to construction/development? (Af) i _ No
S. On-site representative available during inspection? A8)
Names}
Title(s
Employer(s)
9. Erosion and Sedimentation Control Plan(Part 1.Section A. No. 2.)
Is a co of the approved Ian on site and available for review? A9 �.Flo r Not
PY PP P ( ) ^' -- Inspected*
10.Rain Gauge(€'art 1. Section B. No. 1.
Is a rain gauge resent on the site at the time of inspection? (Al T7 Not
9 g P. p ( ) _ tdo InspeclecI4
11.Rain Gauge Data(Part 11.Section B.B. No. 1.)1.) .
Is rain gauge data measured and recorded? (Al 1) Inspected,.,
Data from past 14 da s:
Meek 1 Date;
Amount: a. .
Week 2 Date:
Amount: t = ....
12.Minimum Monitoring&Record Keeping (Part 1. Section B. No,3.?
Are inspection records of erosion&sedimentation control facilities complete &available on re nest?
(Al 2). vs r^ rlo t— Not
Inspected'
Dates of documented insoections during the past 14 day
Week 1 �+ r
Week 2
13.Sedimentation impacts to waters: 14. Linear (t of stream impacts:
Typical range of sediment depth: (A13a) to (Al 4) _ {
Maximum depth of sediment: (A13b)`
15, Photo Documentation: Were photos taken? (A15) " iZ
Photos(1.imeacted water 2.sedimentation depths,3.sediment controf measures, and 4.un-impacted upstream waters)
and sketch/map of where photos were taken are attached for case rile
18,Notes
Projact personnel not available during D WO site inspection
1-4

A74 i LA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 23, 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 September 8, 2010, I inspected the construction work on US Highway 64 in Clay County and the project
appears to be in compliance with the requirements of the 401 Certification. Construction work consists of
heavy grading, pipe installation and paving. The erosion and sedimentation control structures, vegetative
covering, and matting appear to be working properly. 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,
y
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 September 2010
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S,70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One 7, t Customer Service:1-877-623-6748 NOl t11CijT 01..11la
Internet:www.ncwateraualitv.ora ��tlll'lr�Cl,�
An Equal Opportunity 1 Affirmative Action Employer yt`

DWQ Site Visits for DOT Proiects
Field Sheet
DWQ representative:Lmichael R. Parker Date: [ September 8,2010
County: Clay Region: Asheville ��
DOT Division: Division 14
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 08-0396 1 NW Permit#: IP#;
Project Name: U S Highway 64 Widening A-001 I BB
Location of Project: U S 64 from east of Hiwassee River to east of NC Highway 175 in Clay County
Project Complete: ❑Yes X No If no, estimated date of completion: -�
Activities(DOT): Water Quality Concerns (DWQ):
❑Bridge ❑ Steam Standards Violation
X❑ Culvert X❑ Turbidity
❑ Bottomless Culvert ❑ Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E& S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration X❑ Fill
❑ On-site Stream Relocation ❑ Buffer Impacts (see below)
❑ Buffer Restoration ❑ Other
X❑ Bank Stabilization
❑ Other
Additional Wetland Impacts: ❑ yes X❑ no Estimated Acres
❑ Zone 1 Est Acres1 -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 Projects
Background Info
Name of Waterway(s): Downing Creek, John Reese Branch,Byers Branch, Chatuge Lake and
unnamed tributaries to Hiwassee River
Basin/ Subbasin: Hiwassee 040501
Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US)
Stream Class: X❑Class B ❑303d Listed ❑WS-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— 1/10d'acre ❑1/1 Ith to 1/3rd acre
❑1/3rdto 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet
Additional comments:
Reviewed project with DOT staff. Grading and pipe work is continuing. Paving has started on the west end of
the project and is moving forward. 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 September 2010

AriA
XX rt
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director
Secretary
September 23, 2010
Nancy Aman, Registered Agent
Hidden Lake Property Owners Association
1355 Virginia Circle
Sanford,North Carolina 27332
James Chipperfield, President
Hidden Lake Property Owners Association
216 Double Eagle Drive
Nebo, North Carolina 28761
Subject: 401 Water Quality Certification - Approval
Hidden Lakes Dredging Project
DWQ Project#2010-0623
McDowell County
Broad/UT to Shoal Creek/9-41-12-1 /WS-V
Dear Mr. Chipperfield and Mrs. Aman:
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 0.5 acres of open waters for the purpose of
sediment removal at the subject property. This approval requires you to follow the conditions listed in the
attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3700. This Certification allows
you to use Nationwide Permit 16 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control and Water Supply
Watershed 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.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCarolina
Internet:www.ncwatergLiality.org
An Equal Opportunity 1 Affirmative Action Employer
Naturally

Hidden Lakes Property Owners Association
September 23,2010
Page 2 of 3
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Waters 0.50 (acres) Map Locator 1
Additional Conditions
1. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these boundaries
approved under this authorization shall be clearly marked with orange warning fencing (or similar high
visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior
to any land disturbing. The fringe wetland at the upper end of the lake shall be clearly marks and remain
unaltered.
2. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15
A NCAC 2B. .0200. Appropriate sediment and erosion control practices must be used to meet this standard.
3. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including
the design, installation, operation, and maintenance of sediment and erosion control Best Management
Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur.
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.

Owners Association
Aer completes the review of your application by the Division of Water Quality under Section 401 of the
An Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at
,28-296-4657.
Sincerely,
Coleen H. Sullins, Director
CHSIkhb
Eric: GC3700
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
S:\SWP\McDowe11\401 s\Non-DOT\HiddenLakesS-D\Approval.20100623.HiddenLakesLakeDredging.09-23-2010.doe

A"I"
��L
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
September 24, 2010
CERTIFIED MAIL
.RETURN RECEIPT REQUESTED loos 1680 0000 7514 7935
Joe Moretti
Craftsman Village
8200 N.W. 58 h Street
Miami, FL 32166
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Craftsman Village
DWQ Tracking Number: NCR002716
NOV-2010-PC-1035
Construction Stormwater Permit Condition Violations
Macon County
Response deadline: October 13,2010
Dear Mr. Moretti:
On August 24, 2010, Chuck Cranford from the Asheville Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection for Craftsman Village along Highway 441 in Macon
County.
Construction Stormwater Permit condition violations were noted during the inspection.
VIOLATIONS
I. Construction Stormwater Permit NCGO10000 -A Construction Stormwater Permit
(NCGO10000) is issued upon the approval of an Erosion and Sedimentation Control Plan
for sites greater than one acre.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748
Internet: www.ncwaterquai
An Equal Opportunity ti Affirmative
rmattive Action Employer

Joe Moretti
September 24,2010
Page 2 of 3
a. Approved Plan(Part I. Section A: No. 2.) During the inspection,a copy of the
approved Erosion and Sediment Control Plan was not on site and available for
review. (Note: A site representative was not available during the inspection.)
b. Rain Gauge(Part I. Section B.No. 1.)A rain gauge was not observed on the site
at the time of inspection.
c. Rain Gauge Data (Part I. Section B.No. 1.)Rain gauge data, measured daily, was
not recorded and available for review. (Note: A site representative was not
available during the inspection.)
d. Minimum Monitoring and Record Keeping(Part I. Section B. No. 3)
Inspection records of erosion& sedimentation control measures and stormwater
discharges, completed weekly and after every 1/2-inch or greater rain event,were
not recorded and available for review. (Note: A site representative was not
available during the inspection.)
REQUIRED RESPONSE
This Office requests that you respond in writing by October 13, 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. Construction Stormwater Permit NCG010000
a. Please explain when you anticipate being in full compliance with your Erosion and
Sediment Control Plan and the NCGO10000 Permit. The permit maybe
downloaded at http://portal.ncdenr.org/web/u-q/ws/spLnTdessw#tab-3.
b. Please explain why a rain gauge was not onsite.
c. Minimum Monitoring and Record Keeping—Please provide copies of all
monitoring and record keeping for the time period covering June 1, 2010
through August 30, 2010. Please refer to the Example Logsheet(Inspection
Record),which can be downloaded at
hqp://portal.ncdenr.org/web/wq/Nvs/su/Llpdessw#tab--'I. This form is to be
filled out for every week and after each 1/2-inch rain event. The following
bulleted list provides guidance on how to conduct monitoring and record
keeping activities in such a way as to be compliant with the NCGO10000
Permit.
• Rainfall is to be monitored and recorded daily as noted in the RAINFALL
Section of the form. Rainfall data should not be reported based on a weekly
accrual read of the date of the inspection.

.4,2010
s
• Erosion and Sedimentation Control Measures are to be inspected every week
and after each 1/2 inch rain event. It is required to individually list each of
the measures (e.g. sediment traps, silt fences, etc.) inspected and include the
following information in the ASSESSMENT OF CONTROL MEASURES Section
of the Inspection Record. date of inspection, initials of the inspector,
whether the device is operating properly, and any corrective actions taken as
well as the date of the actions.
• Stormwater Discharge Outfalls are to be inspected every week and after
each 1/2 inch rain event. It is required to individually list each of the outfalls
inspected and include the following information in the STORMWATER
DISCHARGE OUTFALLS Section of the Inspection Record: date of
inspection, initials of the inspector, evidence of erosion clarity and evidence
of other pollutants in the STORMWATER DISCHARGE OUTFALLS
Section of the form.
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
Matt Mason—Macon County
ARO File Copy
S:\SWP\Macon\Stormwater\NCG01 Construction\Craftsman Village\NOV-2010-PC-1035.doc

/__
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
September 24,2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7514 7928
Ricky Lane Moore
Moore and Son Site Contractors, Inc.
103 McDowell Rd
Mills River,NC 28759
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2010-SS-0048
-- Stream Standard Violation- Other Waste (In-stream sediment)
Removal of Best Usage
Henderson County
Response deadline: October 13,2010
Dear Mr. Moore:
On August 27, 2010, Chuck Cranford from the Asheville Regional Office of the Division of Water
Quality(DWQ) conducted a site inspection on your property in the Homestead at Mills River in
Henderson County. Mr. Jason Fulton(N.C. Division of Land Resources) was present.
Stream standards violations were noted during the inspection. Fill and sediment impacts to an
unnamed tributary to the South Mills River(Class WS-II, Trout, HQW waters)were documented.
Approximately 150 feet of stream and a downstream have been impacted.
VIOLATIONS
I. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211
(3)f-Approximately 150 feet of an unnamed tributary to the South Mills River(Class WS-
II, Trout, HQW waters) was impacted by sediment deposition greater than three (3) inches
throughout the stream reach. A downstream pond has also received an indeterminate
amount of sediment as well. These findings represent Water Quality Stream Standard
violations of 15A NCAC 02B .0211 (3) (f).
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE one t, 1
Location:2090 U.S,Highway 70,Swannanoa,North Carolina 28778 NOPC�lCa1 011lla
Phone::[phone]Mwww.ncwaterquality.org
FAX: .org 9-70431 Customer Service:1 877-623 6748 �����/��
Internet: www.ncwaterquality.org j
An Equal Opportunity 1 Affirmative Action Employer

Ricky Lane Moore
September 24,2010
Page 2 of 3
II. Removal of Best Usage— 15A NCAC 02B.0211 (2)—Greater than 40 feet of an unnamed
tributary to the South Mills River(Class WS-II, Trout, HQW waters) was impacted by fill
from an inline sediment basin,representing Water Quality Stream Standard violation of
15A NCAC 02B .0211 (2).
REQUIRED RESPONSE
This Office requests that you respond in writing by October 13,2010. 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) and Removal of Best Usage—
a. 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 and fill from the unnamed tributary to the South Mills River
and the downstream pond. The Restoration Plan must be submitted to the Division
of Water Quality for review and approval prior to implementation. You should
secure an environmental consultant experienced in stream restoration to assist you with development of your plan. It is recommended that your consultant contact
Chuck Cranford of the Asheville Regional Office for additional guidance during
restoration plan development. The Restoration Plan should include the following:
• A narrative explaining how sediment and fill will be removed and how impacted
waters will be restored. Include details about how the pattern,profile and
dimension of the impacted stream channel will be restored. The streambed must
be restored to the original profile,the stream banks must be stabilized, and any
fill material must be removed from the riparian zone. Replanting of the riparian
zone will be required.
• A proposed schedule with dates that indicate when you expect to begin and
complete the restoration.
• A diagram of the stream channel, referenced with photo documentation of
sediment and fill impacts.
A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standards are not exceeded.
b. Once the Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Chuck Cranford.

ire
2010
J
f hank 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
Tyler Crumbley—USACE (e-copy)
Dave McHenry—NCWRC (e-copy)
ARO File Copy
S:\SWP\Henderson\Complaints\Homestead\NOV-2010-SS-0048.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
September 24,2010
Natalie Berry
Henderson County Erosion Control
100 North King Street
Hendersonville,NC 28792
Marcus Jones
Henderson County Engineering
100 North King Street
Hendersonville,NC 28792
Subject: Acknowledgement of Appreciation for the Work of Tim Fox
Dear Ms. Berry and Mr. Jones:
This letter represents a well-deserved acknowledgement of the commitment, dedication and diligence of
Mr. Tim Fox.
The Division of Water Quality works closely with your department on erosion control, stormwater,water
supply watershed and related water quality issues and enjoys a very amicable and productive
relationship. A large part of this successful partnership has to do with the personal efforts of Mr. Tim
Fox. He is a tremendous asset to your organization.
I look forward to continuing working closely with Tim and truly appreciate his knowledge,technical
skills and willingness to pursue proper implementation and management of the complex set of
regulations,rules and ordinances that must be dealt with everyday.
Sincerely,
Chuck Cranford
Environmental Specialist
Surface Water Protection
cc: Steve Wyatt-Henderson County Manager
1 Historic Courthouse Square, Suite#2
Hendersonville,NC 28792
Roger Edwards—DWQ Surface Water Protection Regional Office Supervisor
S:\SWP\Henderson\Stormwater\NCGO1 Construction\LTR TimFox.9.23.10.doe
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:: www.ncwate1 FAX: [phone] Customer Service:l 877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

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WDE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director Dee Freeman
Secretary
September 24, 2010
Joseph Carriker
Duke Energy Carolinas, LLC
526 South Church Street
Charlotte,NC 28202
Subject: 401 Water Quality Certification -Approval
Rocky Branch BAA
DWQ Project# 10-0688
Macon County
LTN03 /Nantahala River(Nantahala Lake) /2-57-(22.5)/B; Tr
Dear Mr. Carriker:
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 0.04 acres of open waters for the purpose of
boat access 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 3693. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including(but not limited to) Erosion and Sediment
Control 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
Waters 0.04 (acres) I Plan View Sheet 1 of 1
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone]\Customer Service:1-877-623-6748 ATOne
Internet:www.ncwaterquality.org NorthCarollna
4n Fnnnl(innnrfi mhr 1�ffrmo#ivo An}Inn Fmnln.or
I��llt"l�j`lYJ

Joseph Carriker
September 24,2010
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 Chuck Cranford in the Asheville Regional Office
at 828-296-4664.
Sincerely,
Coleen H. Sullins, Director
CHSlcbc
Eric: GC3693
Certificate of Completion
cc: Jeff Ferguson—NCWRC (e-copy)
Lori Beckwith-USACE (e-copy)
401 Permitting Unit—Central Office
File Copy
S:\SWP\Macon\401s\Non-DOT\Rocky Branch BAA\APRVL.9.23.10.doc

A*A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen M. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
September 27, 2010
Land Planning Associates
Patrick Rivers
110 West 1"Avenue, Suite A
Easley, SC 29640
SUBJECT: Notice of Violation Sediment Removal Plan Approval
Culverts-UT Nicholson Creek
NOV-2010-SS-0025,NOV-2010-SS-0026,NOV-2010-SS-0027
Transylvania County
Dear Mr. Rivers:
The Division of Water Quality received your correspondence on September 23, 2010 in response
to the Notice of Violations noted above. The proposal includes the removal of sediment from an
Unnamed Tributary to Nicholson Creek. The remedial actions presented in the Sediment Removal
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.
Sincerely,
J
Linda Wiggs
Environmental Specialist
Surface Water Protection
cc: ARO File Copy
SAS WP\Transylvania\Complaints\pipefaiIure-UTNicholson\SedimentRemoval APPROVE.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One L.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOI t11C 01111a
Phone:[phone] FAX:[phone]\Customer Service:1-877-623-6748
Internet) www,ncwaterquality.org
Action
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An Equal Opportunity 1 Affirmative Action Employer �/ Y `K`[t!-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
September 27,2010
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 September 16,2010, 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 attached
inspection report for any specific items noted during the inspection.
If you have questions, please call me at 828-296-4500.
Sincerely,
/10
,
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 September 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:1-877-6 8 NQIthCaroli 1a.
Internet:www.ncwaterauality ty.orq ora /j' y�
An Equal Opportunity 1 Affirmative Action Employer (�ah �4

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DWO Site Visits for DOT Proiects
Field Sheet
DWQ representative: Michael R. Parker Date: September 16,2010
County: Buncombe Region: Asheville
DOT Division: FDivision 13 ^1
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: WQC No=3706 NW Permit#: IP#:
Project Name: Improvements to US Highway 19E
Location of Project: US Highway 19 and 19E from future I-26 in Madison County to SR 1336 in Yancey
County
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities(DOT): Water 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 ft/ ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited

DWO Site Visits for DOT Proiects
Background Info
Name of Waterway(s): Middle Fork Creek,Bailey Branch,Turkey Branch,Polly Branch,
Holland Creek,Ivy Gap Branch,Bald Creek,Price's Creek,Phipps
Creek and Cane River
Basin/Subbasin: FBR 040304 and 040307
Wetland Type: ❑Isolated X❑Non-Isolated(Waters of US)
Stream Class: ❑Class B ❑303d Listed X❑WS-II ❑WS-V ❑SB
X❑Class C ❑ORW X❑Trout ❑WS-III ❑NSW
X❑HQW ❑WS-I ❑WS-IV ❑SA ❑CA
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
X❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: ❑0— 1/10`h acre X01/11d'to 1/3`d acre
X❑1/3rd 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 - -- --- -- -
1.Heavy grading, construction work and paving continue along the entire length of the project.
2.Seeding and mulching should be performed on all areas required due to the upcoming
change of seasons.
3.All bare soil areas(both sides)where construction has not occurred for more than 15 days,
should be temporary seeded or mulched. There are several areas on both sides that have been
open for more than 15 days.
4.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.
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.
Sentember 2010 Inspection US Hwv. 19/19E

A4,1'FA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
September 27, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED — 7009 1680 0000 7616 2496
Randy Jameson, Vice President
Ingles Market#179 of Hendersonville,NC
P.O. Box 6676
Asheville,NC 28816
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Ingles Market#179 of Hendersonville,NC
DWQ Tracking Number: NCR001975
NOV-2010-PC-1039
Construction Stormwater Permit-NCGO 10000
Stream Standard Violation - Other Waste (In-stream sediment)
Henderson County
Response deadline: October 14,2010
Dear Mr. Jameson:
On September 22, 2010, Chuck Cranford from the Asheville Regional Office of the Division of
Water Quality (DWQ) conducted a site inspection at the Ingles Market#179 of Hendersonville,
NC along Howard Gap Road in Henderson County. Susan Wilson(DWQ) was present.
Construction Stormwater Permit NCGO10000 and stream standard violations were noted during
the inspection. Sediment impacts, in excess of 150 feet, to an unnamed tributary to Wolfpen creek
(Class C waters) were documented.
VIOLATIONS
I. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211
(3)f- Greater than 150 feet of an unnamed tributary to Wolfpen Creek (Class C waters) was
impacted by sediment deposition greater than three (3) inches throughout the stream reach,
representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f).
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One 17
Location:2090 U.S,Highway 70,Swannanoa,North Carolina 28778 NOPChCc`lY Otllla
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org a atzda/`y
An Equal Opportunity 1 Affirmative Action Employer v ►" [�sZ` [i

Randy Jameson
September 27,2010
Page 2 of 4
II. Construction Stormwater PermitNCG010000 - The NCGO10000 Permit authorizes
discharge of stormwater under the National Pollutant Discharge Elimination System
(NPDES) in accordance with Title 15 A North Carolina Administrative Code 2H.0100.
a. Rain Gauge (Part I. Section B. No. 1.) A rain gauge was not observed on the site
at the time of inspection.
b. Rain Gauge Data (Part I. Section B. No. 1.) Rain gauge data, measured daily, was
not recorded and available for review. (Note: A site representative was not
available during the inspection.)
c. Minimum Monitoring and Record Keeping(Part I. Section B. No. 3)
Inspection records of erosion& sedimentation control measures and stormwater
discharges, collected weekly and after every half-inch or greater rain event, were
not recorded and available for review. (Note: A site representative was not
available during the inspection.)
d. Twenty-four Hour Reporting(Part II Section E. No.3) The lack of notification to
DWQ regarding sediment loss represents violations of NCGO10000 Permit.
REQUIRED RESPONSE
This Office requests that you respond in writing by October 14, 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 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
Wolfpen Creek, including the culverts carrying sediment from the Ingles property
and partially through the Mount Pisgah Lutheran Church. You must secure an
environmental consultant experienced in stream restoration to assist you with
developing your Plan and obtaining any necessary approvals. It is recommended
that your consultant contact Chuck Cranford of the Asheville Regional Office for
additional guidance during Plan development. The Plan should include:
• A narrative explaining how sediment will be removed; including, techniques,
equipment, manpower and tools to be used.
• A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
• A diagram of the stream channel and culverts,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.

:son
.;r 27,2010
of 4
• 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. Construction Stormwater Permit NCG010000
a. Please explain when you anticipate being in full compliance with the NCGO 10000
Permit. The permit may be downloaded at
littp://portal.ncdenr.org/web/wq/ws/su/npdessw#tab-3.
b. Please explain why a rain gauge was not onsite.
c. Minimum Monitoring and Record Keeping—Please provide copies of all
monitoring and record keeping for the time period covering July 1, 2010
through September 15, 2010. Please refer to the Example Logsheet
(Inspection Record), which can be downloaded at
http://portal.ncdenr.org/web/wq/ws/su/npdessw4tab-3. This form is to be
filled out for every week and after each 1/2-inch rain event. The following
bulleted list provides guidance on how to conduct monitoring and record
keeping activities in such a way as to be compliant with the NCGO10000
Permit.
• Rainfall is to be monitored and recorded daily as noted in the RAINFALL
Section of the form. Rainfall data should not be reported based on a weekly
accrual read of the date of the inspection.
• Erosion and Sedimentation Control Measures are to be inspected every week
and after each 1/2-inch rain event. It is required to individually list each of
the measures (e.g. sediment traps, silt fences, etc.) inspected and include the
following information in the ASSESSMENT OF CONTROL MEASURES Section
of the Inspection Record: date of inspection, initials of the inspector,
whether the device is operating properly, and any corrective actions taken as
well as the date of the actions.
• Stormwater Discharge Outfalls are to be inspected every week and after
each %2-inch rain event. It is required to individually list each of the outfalls
inspected and include the following information in the STORMWATER
DISCHARGE OUTFALLS Section of the Inspection Record: date of
inspection, initials of the inspector, evidence of erosion clarity and evidence
of other pollutants in the STORMWATER DISCHARGE OUTFALLS
Section of the form.

Randy Jameson
September 27,2010
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,
-----
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
Tim Fox—Henderson County
S:\SWP\Henderson\Stormwater\NCGO1 Construction\Ingles_64E\NOV-2010-PC-1039.doc

-
NCDEENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director
Secretary
September 27, 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: Stormwater Inspection
US Highway 19/19E
DWQ Project No. 3706
TIP No. R-2518 A &B
Madison and Yancey Counties
Dear Mr. Swain:
On September 24, 2010, I conducted a stormwater inspection for TIP Project No. R-2518 A&B, US Highway
19/19E construction project in Madison and Yancey Counties. The monitoring reports for rainfall data and
inspection of sediment and erosion control devices appeared to be 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,
2o---L—
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Randy McKinney, P.E.
Roger Bryan, Division 13, DEO
Ed Ingle, Roadside Environmental
Transportation Permitting Unit
Mike Parker, Asheville Regional Office - -
(Swain)R-2518 A&B September 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:www.ncwaterquality.org North Carolina
An Equal Opportunity 1 Affirmative Action Employer Naturally

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Farm A June 2005
Site inspection form- Construction Stor,nweiter Permit NPDES NCGO10000
Site Name: � t
D'I ORO:
Inspector: 1.DWQ Inspection date: (A1)
Location:
2.County: (A2) Strea . (A5) ..
5 m' _
3.Basin: (A3) #" 8.Class_A6)
4.Location description;(A4) ► . .�"
(Topographical vicinity map of site is aiiached for case fife)
7.Land disturbance dui:to construction/development? (A7) =r rio
8.On-site representative available duringinspection? (AB) No
Names} ; t
Titles}
AR
9. Erosion and Sedimentation Control Plan(Part L Section A: No.2.)
Is a copy of the approved plan on site and available for review? (A9)j7R�� i— No r-:Not
Inspected'
19.Rain Gauge(Part 1. Section B.No.1.)
Is a rain gauge present on the site at the time of inspection? (Al o)EEj j Np '-a`n°spe ate d"
11.Rain Gauge Data f Part 1.Section S.No.1.)..
Is rain gauge data measured and recorded? (Ali) Inspected
ected'
Data from past 14 da s
r
Meek 1 Date: „
Amount
Week 2 Date:
Amount
12.Minimum 141oniioring&Record Keeping (Part 1.Section B. No.3.)
Are inspection records of erosion&sedimentation control facilities complete &available on recuest�
(Al2)�= No .: nospectad s
Dates of documented-inspections during the past 14 days:
Week 1 Week
13.Sedimentation impacts to waters: 14. Linear ft of stream im acts
Typical range of sediment depth: (All3a) to (A14)
Maximum depth of sediment: (A13b)
15.photo Documentation: Were photos taken? (A15) r�:Yes 3i No
hates-(f.-imnarta�wary sa timPntation depths 3 sediment contra!measures and 1.un-impacted upstream waters}
and sketch/map of where photos were taken are attached for case fife
16,Notes:
,
4,4
F
lC - /
'Project personnel not available during DWO site inspection
-4

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F Jt'm A June 2005
Site inspection form- Const,• otion Stvrrnvrater hermit NPDES NCG010000
Site Name:
DINQ RO:
Inspector. ape; .dot. 1. DIVQ Inspection date: (A1)�
Location:
2,County: (A2) , c 5 Stream •aS k 60 twit mac-
S Class A6
3.Basin: (A3) , ( )1Cal
4.Location description:(A4)
[topographical vicjnity map of site is ai ached for case fjla]
7.Land disturbance due to construction/development? (Ar) P
8.On-site representative available Turin ins ection? A8 e t—No
Names} 4
�r
Title(s)
Employer(s) --
9.Erosion and Sedimentation Control Plan(Part 1.Section A: No.2.)
Is a copy of the approved plan on site and available for review? (A9) v� z+� �-
Not
' Inspected' ';i
10.Rain Gauge(Part 1. Section B.No.1.1 >�
Is a rain gauge present on the site at the time of inspection? (A10) v r" No r- Not
Inspected"
11.Rain Gauge Data(Part 1.Section B.No.1,1-
Is rain gauge data measured and recorded? A11 't " v� T No tr Inspected'
( ) `
Data from past 14 da S.
Week 1 Date:
Amount ...3
::.
Date:
Week 2 r
Amount
12.Minimum Monitoring &Record Keeping(Part 1. Section B. No.3.1
Are inspection records of erosion&sedimentation control facilities complete&available on req est?
(Al2) I-vas :r No 1-Not
I nspe ctz d'
Dates of documented ins ections during the past 14 days: - --
Week 1 '`
Week 2
F
13.Sedimentation impacts to waters: 14. Linear ft of streamrlm acts
Typical range of sediment depth: (A13a) '. to (Al 4)
Maximum depth of sediment: (A13b)
15.Photo Documentation: Were photos taken? (A15) No
y mat - a rimantation deoth� 3 sediment control measures and 4.un-impacted upstream.eaters)
and sketch/map of where photos were taken are attached for case Re
16.Notes:
5 S
✓ � i 6. 6 f
Project personnel not available during DWO site inspection
�_4

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'AIA,
WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director
Secretary
September 30, 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 September 29, 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 September 2010 Inspection
SURFACE WATER PROTECTION SECTION-Asheville Regional Office
2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCarolina
Internet:www.nnity\Affirmative
rg
Action
Aq&M Y
An Equal Opportunity 1 Affirmative Action Employer tl

DWO Site Visits for DOT Projects
Field Sheet
DWQ representative: Michael R.Parker
Date: September 29,2010
County: ECaldwell Region:Cheville
DOT Division: I Division 11
Activity: X 401 Compliance Evaluation
❑DWQ Follow Up Evaluation El Complaint
❑ Other
DWQ 401 #: NW Permit 4-E==
IP#: EE=
Project Name: U S Highwav 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:
E=
Activities(DOT)• _Water Quality Concerns (DWQ):
❑ Bridge
-- XEJ Culvert ❑ Steam Standards Violation
El Bottomless Turbidity Bottomless Culvert ❑ Evidence of spills
El Bottomless Arch ❑ Oil/Petroleum
X❑Riprap Inlet/outlet Stabilization
El Pile ❑ Solid Waste
❑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
E-==
❑Zone 1 Est Acres E= ❑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 E 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: ETB -030831 Yadkin-030 001
Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US)
Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB
X❑Class C ❑ORS �❑rWS-N SAS-III �CA
NSW
❑HQW ❑
❑Bottomless Culvert a
Type of Authorized Impact: X❑Culvert (Bottomless Arch
❑Bridge
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: ❑0— 1/10th acre XF 1/0 th to acre
1/3`d acre 0.16 acres
❑1/3 d to 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.
Rock continues to be removed from the southern end of the project.
Please continue to monitor the steep slope and blasting at the southern end of the project.
Steep slopes and sediment could pose a problem if not properly controlled. The area along
NCSR 1370 (Kirby Mountain Road) appeared to be stable at the time of inspection. This area
should be watched carefully and additional sediment and erosion measures may be required.
Continue to maintain sediment and erosion control structures to protect state surface waters.
Review of stormwater reports appear to be in good condition.
September 2010 US 321 Inspection Report