DWQ SWP Read File Archive Nov. 2010

��;0
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 1, 2010
Kirk Booth, President
Beaucatcher Commons, LLC
P.O. Box 1918
Asheville, N.C. 28802
Subject: Permit No. WQ0035067
Beaucatcher Commons, LLC
Beaucatcher Commons Sewer Line
Wastewater Collection System Extension
Buncombe County
Dear Mr. Booth:
In accordance with your application received October 19, 2010, we are forwarding herewith
Permit No. WQ0035067, dated November 1, 2010, to Beaucatcher Commons, LLC for the construction
and operation of the subject wastewater collection system extension. This permit shall be effective
from the date of issuance until rescinded, and shall be subject to the conditions and limitations as
specified therein. This cover letter shall be considered a part of this permit and is incorporated therein
by reference. Please 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

Kirk Booth, President November 1, 2010 Page 2
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby =
granted to the Beaucatcher Commons, LLC for the construction and operation of approximately 320
linear feet of 6-inch gravity sewer to serve 12 single family rentals as part of the Beaucatcher Commons
Sewer project, and the discharge of 3600 gallons per day of collected domestic wastewater into the
Metropolitan Sewerage District of Buncombe County's existing sewerage system, pursuant to the.
application received October 19, 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 Metropolitan
Sewerage District of Buncombe County's Wastewater Treatment Facility (Permit No. NCO024911) prior
to being discharged into the receiving stream.
The Operational Agreement between the Permittee and the Environmental Management
Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance
with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by
North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in
accordance with the terms and conditions of this permit.
Construction of the subject wastewater collection system shall not commence until approval for
the construction and operation of these sewers has been obtained from the Metropolitan Sewerage
District of Buncombe County.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have
the right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
4500.
If you need additional information concerning this matter, please contact Don Price at (828) 296-
Sincerely,
L
for Coleen H. Sullins, Director
Division of Water Quality
cc: Buncombe County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NCO024911)
Kenneth O. Pankow, P.E./Pankow Engineering Co.
MSD of Buncombe County, NPDES NCO024911
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 §143-215.1C.
1

PERMIT NO.W00024911,Kirk Booth, Pres.,Beaucatcher Commons Sewer Extension,Buncombe County November 1,2010
=4: This permit shall not be transferable. In the event there is-a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station
and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project
is to be completed in phases and partially certified, you shall retain the responsibility to track
further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life \J
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this ;permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 213 .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2
._..._....._-....

PERMIT NO.WQ0024911,Kirk Booth,Pres.,Beaucatcher Commons Sewer Extension, Buncombe County November 1,2010
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 1 st day of November, 2010
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Col en H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0035067
3
. ...._..._...

PERMIT NO.WQ0024911,Kirk Booth,Pres.,Beaucatcher Commons Sewer Extension,Buncombe County November 1,2010
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description:-'
Permission is hereby granted to the Beaucatcher Commons, LLC for the construction and operation of
approximately 320 linear feet of 6-inch gravity sewer to serve 12 single family rentals as part of the
Beaucatcher Commons Sewer project, and the discharge of 3600 gallons per day of collected domestic
wastewater into the Metropolitan Sewerage District of Buncombe County'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
l as a duly registered Professional-Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑weekly, ❑full time)the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 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.
.......__.....

;
� 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
November 1, 2010
Lee Smith, Utilities Director
City of Hendersonville
305 Williams Street
Hendersonville, N.C. 28792-4461
Subject: Permit No. WQ0035065
City of Hendersonville
Rolling Ridge Sewer Improvement
Wastewater Collection System Extension
Henderson County
Dear Mr. Smith:
\ In accordance with your application received October 18, 2010, we are forwarding herewith
Permit No. WQ0035065, dated November 1, 2010, to the City of Hendersonville for the construction
and operation of the subject wastewater collection system extension. This permit shall be effective
from the date of issuance until rescinded, shall void Permit No. WQ0028878 issued in 2005 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

City of Hendersonville November 1, 2010 Page 2
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby `-
granted to the City of Hendersonville for the construction and operation of approximately 7,025 linear
feet of 8-inch gravity sewer; a 175-gallon per minute pump station with duplex pumps, on-site audible
and visual high water alarms, and a on-site generator with automatic transfer switch; as well as
approximately 18,460 linear feet of 6-inch force main to serve 102 3-bedroom residences, 72 2-
bedroom apartments, a shopping center with office and retail space, a Post Office, a Fire Department, a
300 seat church and Community Center as part of the Rolling Ridge Sewer Improvements project, and
the discharge of 100,000 gallons per day of collected domestic wastewater into the City of
Hendersonville's existing sewerage system, pursuant to the application received October 18,2010 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
Hendersonville's Wastewater Treatment Facility (Permit No. NC0042277) prior to being discharged into
the receiving stream.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
4500.
If you need additional information concerning this matter, please contact Don Price at (828) 296-
Sincerely,
for TCoeen H. Sullins, Director
Division of Water Quality
cc: Henderson County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0042277)
William G. Lapsley, P.E./William G. Lapsley &Associates, PA
Surface Water Protection Section Central Files
PERCS Files
SASWMHenderson\Collection Systems\Hendersonville CS\WQ0035065 Rolling Ridge Sewer Improvements 11 1 2010 doc

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

PERMIT NO.WQ0035065,City of Hendersonville,Rolling Ridge Sewer Improvements,Henderson County November 1,2010
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station
and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project
is to be completed in phases and partially certified, you shall retain the responsibility to track
further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 213 .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

PERMIT NO.WQ0035065,City of Hendersonville,Rolling Ridge Sewer Improvements,Henderson County November 1,2010
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part 11 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 1s`day of November, 2010
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Cbie4n H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0035066
3

PERMIT NO.WC0035065,City of Hendersonville, Rolling Ridge Sewer Improvements,Henderson County November 1,2010
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description:
permission is hereby granted to the City of Hendersonville for the construction and operation of approximately
7,025 linear feet of 8-inch gravity sewer; a 175—gallon per minute pump station with duplex pumps, on-site audible
and visual high water alarms, and a on-site generator with automatic transfer switch; as well as approximately
18,460 linear feet of 6-inch force main to serve 102 3-bedroom residences, 72 2-bedroom apartments, a
shopping center with office and retail space, a Post Office, a Fire Department, a 300 seat church and Community
Center as part of the Rolling Ridge Sewer Improvements project, and the discharge of 100,000 gallons per day of
collected domestic wastewater into the City of Hendersonville'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
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
November 1, 2010
Joseph Moore, P.E., City Manager
City of Brevard
95 West Main Street
Brevard, N.C. 28712
Subject: Permit No. W00035075
City of Brevard
Willow Drive Sewer Relocation
Wastewater Collection System Extension
Transylvania County
Dear Mr. Moore:
In accordance with your application received October 21, 2010, we are forwarding herewith
Permit No. W00035075, dated November 1, 2010, to the City of Brevard 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 therefore incorporated therein
by reference.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .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.
None
rthCarolina
Naturallb,
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterqualit L=

City of Brevard November 1, 2010 Page 2
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the City -
of Brevard for the construction and operation of approximately 162 linear feet of 8-inch gravity sewer as
part of the Willow Drive Sewer Relocation project, and the discharge of 0 gallons per day of collected
domestic wastewater into the City of Brevard's existing sewerage system, pursuant to the application
received October 21, 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 Brevard's
Wastewater Treatment Facility (Permit No. NC0060534) 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, L�
for Coleen H. Sullins, Director
Division of Water Quality
cc: Transylvania County Health Department
Asheville Regional Office, Surface Water Protection (WWTF Permit No. NC0060534)
Michael R. Goforth, P.E./High Country Engineering, PC
Water Quality Central Files
PERCS Files
SASWPUransvlvania\Collection Systems\Brevard Collection System\WQ0035075 Willow Drive Sewer Relocation 11 1 2010 doc

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

PERMIT NO,WQ0035075, City of Brevard Willow Drive Sewer Relocation Transylvania County November 1 2010
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station
and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project
is to be completed in phases and partially certified, you shall retain the responsibility to track
further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 2B .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

PERMIT NO WQ0035075 City of Brevard Willow Drive Sewer Relocation Transylvania County November 1,2010
a. Any process unit failure, due to known or unknown reasons, that renders the facility Incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 15t day of November, 2010
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for of n H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number W00035075
3

PERMIT NO.WQ0035075, City of Brevard Willow Drive Sewer Relocation Transylvania County November 1 2010
ENGINEERING CERTIFICATION — POST CONSTRUCTION
System Description:
permission is hereby granted to the City of Brevard for the construction and operation of approximately
162 linear feet of 8-inch gravity sewer as part of the Willow Drive Sewer Relocation project, and the
discharge of 0 gallons per day of collected domestic wastewater into the City of Brevard's existing
sewerage system
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings(plan & profile views of sewer lines) of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s) or storage greater than longest past three year outage reliability option selected)for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final
1, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑weekly, ❑ full time)the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of
Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials.
North Carolina Professional Engineer's
seal, signature, and date:
..........................................................................................
SEND THIS FORM&SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
.................................................................................................
The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.

jfA
A41
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 1, 2010
Sally Sandy, City Manager
City of Morganton
P.O. Box 3448
Morganton, N.C. 28680-3448
Subject: Permit No. WQ0035074
City of Morganton
Sterling Street/Exit 105 Sewer Relocation
Wastewater Collection System Extension
Burke County
Dear Ms. Sandy:
In accordance with your application received October 21, 2010, we are forwarding herewith
Permit No. WQ0035074, dated November 1, 2010, to the City of Morganton 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

City of Morganton November 1, 2010 Page 2
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules,and Regulations, permission is hereby
granted to the City of Morganton for the construction and operation of approximately 1600 linear feet of
8-inch gravity sewer as part of the Sterling St./Exit 105 Sewer Relocation project, and the discharge of
0 gallons per day of collected domestic wastewater into the City of Morganton's existing sewerage
system, pursuant to the application received October 21,2010 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 Morganton's
Wastewater Treatment Facility (Permit No. NC0026573) prior to being discharged into the receiving
stream.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
4500.
If you need additional information concerning this matter, please contact Don Price at (828) 296-
Sincerely,
for Coleen H. Sullins, Director
Division of Water Quality
cc: Burke County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0026573)
Mark A. Young, P.E./City of Morganton Engineer
Surface Water Protection Section Central Files
PERCS Files
SASWRBurkelCollection SvstemsWorganton Collection Svstem1WQ0035074 Sterling St Exit 105 Sewer Relocation 11 1 2010 doc

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

PERMIT NO.WQ0035074 City of Morganton Sterling St./Exit 105 Sewer Relocation Burke County November 1 2010
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station
and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project
is to be completed in phases and partially certified, you shall retain the responsibility to track
further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 213 .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

PERMIT NO WQ0035074 City of Morganton Sterling St./Exit 105 Sewer Relocation Burke County November 1,2010
a. Any process unit failure, due to known or unknown reasons, that renders the facility Incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the Vt day of November, 2010
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for dolebn H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0035074
3

PERMIT NO.WQ0035074, City of Morganton Sterling St./Exit 105 Sewer Relocation Burke County November 1 2010
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description:
permission is hereby granted to the City of Morganton for the construction and operation of
approximately 1600 linear feet of 8-inch gravity sewer as part of the Sterling St./Exit 105 Sewer
Relocation project, and the discharge of 0 gallons per day of collected domestic wastewater into the
City of Morganton'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
................................................................................................i
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.

arr�►�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 1, 2010
Cameron McHargue, Town Manager
Town of Spindale
P.O. Box 186
Spindale, N.C. 28160
Subject: Permit No. WQ0035068
Town of Spindale
Westwood Street Gravity Sewer
Wastewater Collection System Extension
Rutherford County
Dear Mr. McHargue:
In accordance with your application received October 20, 2010, we are forwarding herewith
Permit No. WQ0035068, dated November 1, 2010, to the Town of Spindale 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 vour 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 Spindale November 1, 2010 Page 2
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to the Town of Spindale for the construction and operation of approximately 2,710 linear feet of
15-inch gravity sewer as part of the Westwood Street Gravity Sewer/Force Main replacement project,
and the discharge of 0 gallons per day of collected domestic wastewater into the Town of Spindale's
existing sewerage system, pursuant to the application received October 20, 2010 and in conformity with
15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and
Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and
approved by the Department of Environment and Natural Resources and considered a part of this
permit
The sewage and wastewater collected by this system shall be treated in the Town of Spindale's
Wastewater Treatment Facility (Permit No. NC0020664) prior to being discharged into the receiving
stream.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
4500.
If you need additional information concerning this matter, please contact Don Price at (828) 296- _-
Sincerely,
for Coleen H. Sullins, Director
Division of Water Quality
cc: Rutherford County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0020664)
Richard A. Anderson, P.E./Summit Engineering Group of NC, Inc.
Surface Water Protection Section Central Files
PERCS Files
S:1SWRRutherfordlCollection SvstemslSpindale Collection Svstem1WQ0035068 Westwood Street Gravity Sewer Extension 11 1
2010.doc

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

PERMIT NO.WQ0035068,Town of Spindale Westwood Street Sewer Improvements Rutherford County November 1 2010
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station
and Force Main adopted June 1, 2000 as applicable, and other supporting materials. If this project
is to be completed in phases and partially certified, you shall retain the responsibility to track
further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. -
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 2B .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

PERMIT NO WQ0035068 Town of Spindale Westwood Street Sewer Improvements Rutherford County November 1,2010
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 1st day of November, 2010
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
(.y ---
for tolden H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0035068
3

PERMIT NO.WQ0035068,Town of Spindale Westwood Street Sewer Improvements Rutherford County November 1 2010
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description:
permission is hereby granted to the Town of Spindale for the construction and operation of
approximately 2,710 linear feet of 15-inch gravity sewer as part of the Westwood Street Gravity
Sewer/Force Main replacement project, and the discharge of 0 gallons per day of collected domestic
wastewater into the Town of Spindale'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.

1F S
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 2, 2010
Steve Johnson
Duke Energy Carolinas, LLC
526 Church Street,
Post Office Box 1006
Charlotte,North Carolina 28201-1006
Subject: 401 Water Quality Certification -Approval
Bryson Dam Forebay Excavation
DWQ Project#2010-0827
Swain County
LTN02 /Oconaluftee River/2-79-55-(26.5) / Class C, Tr, HQW
Dear Mr. Johnson:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact less than 1.0 acres of open waters for the
purpose of forebay excavation 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 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 < 1.0 (acres) Plan Detail
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
1vatura!!y
An Equal Opportunity 1 Affirmative Action Employer

Duke Energy Carolinas,LLC
November 2,2010
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 Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
Coleen H. Sullins, Director
CHS/khb
Enc: GC3693
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
S:\SWP\Swain\401 s\Non-D0T\Duke.BrysonDam\Appv.10-0827.BrysonDamExcavation.11-1-10.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 4, 2010
Mr. Barry Hayes, Mayor
Town of Granite Falls
P.O. Drawer 10
Granite Falls, North Carolina 28630
Subject: NOTICE OF VIOLATION
NOV-2010-DV-0387
Permit No. WQCS00145
Town of Granite Falls
Granite Falls Collection System
Caldwell County
Dear Mr.Hayes:
A review has been conducted of Granite Falls Collection System's self reported
Sanitary Sewer Overflow's (SSO's) 5-Day Report submitted by the Town of Granite
Falls. This review has shown the subject facility to be in violation of the requirements
found in Collection System Permit WQCS00145 and/or G.S. 143-215.1(a)(1). The
violation that occurred is summarized below.
Area Violation Description Violation
Date Type
CSO/SS (Sewer 10/18/2010 Sanitary Sewer Overflow Discharge
Overflow) 150 Gallons Without Valid
Permit
NOV-2010-DV-0387
Incident# 201002985
It was noted on Page 15 of the SSO Reporting Form under "System Visitation"
that it was marked as "N/A." 15A NCAC 08G .0204(2)(d) and your Collection
System Permit #WQCS00145 under Part II, 1, Operation and Maintenance state:
The Operator in Responsible Charge must visit within 24 hours of knowledge of
a bypass, spill, or overflow of wastewater from the system unless visited by a
collection system Back-up Operator in Responsible Charge.
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 �atura!!t�
Internet:www.ncwaterguality.org

Mr. Barry Hayes
November 4, 2010
Page 2
Please respond in writing within ten (10) business days of receipt of this letter
detailing why the overflow at Manhole# 212 was not visited within the 24 hours required
by State law 15A NCAC 08G .0204(2)(d) and collection system permit# WQCS00145.
Remedial actions should be taken to correct this problem. The Division of Water
Quality may pursue enforcement action for this and any additional violations of State
law.
You should address the causes of noncompliance and all actions taken to
prevent the recurrence of similar situations. If you should have any questions,
please do not hesitate to contact Asheville Regional Staff or Janet Cantwell at
828-296-4500.
Sincerely,
Roger C. Edwards, Supervisor
Surface Water Protection Section
Cc: DWQ Asheville Files Asheville Region -
DWQ Central Files
PERCS Unit
William Hamilton/ Public Works Director
SASWP\Caldwell\Collection Systems\Granite Falls collection System\NOV-2010-DV-0387.doc
.. . ..... ...........___._..

i ®®
h
ANNESOMM
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 22, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED—7009 1680 0000 7515 1796
Ms. Cathy Childrey Ms. Cathy Childrey - 70091680 0000 7515 1871
Mizpah Healthcare Inc. Mizpah Healthcare Inc. 2nd Mail Attempt-10/29/10
9 N. Main Street Post Office Box 1029
Marion,North Carolina 28752 Marion,North Carolina 28752
Cathy Childre utt Rd., Marion,NC 28752
�3ra Mail Attempt- OVEMBER 4, 2010
CERTIFIED MAIL - 7009 1680 0000 7515 1888
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO074110
Mizpah Healthcare Inc.
Mountain View Assisted Living WWTP
Case No. LM-2010-0045
Henderson County
Dear Ms. Childrey:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$267.00
($200.00 civil penalty + $67.00 enforcement costs) against Mizpah Healthcare Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Mizpah Healthcare Inc. for the month of 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 NCO074110. 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 Mizpah Healthcare Inc. violated the
terms, conditions or requirements of NPDES Permit NCO074110 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Mizpah Healthcare Inc.:
NofthCaro iijn/a
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE �aturQl[✓
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone: [phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www ncwaterguality.org

WNW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins Dee Freeman
Governor Director Secretary
November 4, 2010
Mr. Justin Hembree, Town Manager
Town of Tryon
301 N. Trade Street
Tryon, North Carolina 28782
Subject: NOTICE OF VIOLATION
NOV-2010-DV-0389
Permit No. WQCS00111
Town of Tryon
Tryon Collection System
Polk County
Dear Mr. Hembree:
A review has been conducted of Tryon Collection System's self reported Sanitary Sewer
Overflow's (SSO's)5-Day Report submitted by the Town of Tryon. This review has shown the subject
facility to be in violation of the requirements found in Collection System Permit WQCS00111 and/or G.S.
143-215.1(a)(1). The violation that occurred is summarized below.
Area Violation Date Description Violation Type
CSO/SSO (Sewer Overflow) 10/15/2010 Sanitary Sewer Overflow Discharge
5,000 Gallons Without Valid
NOV-2010-DV-0389 Permit
Incident# 201002989
Remedial actions should be taken to correct this problem. The Division of Water Quality may
pursue enforcement action for this and any additional violations of State law.
You'should address the causes of noncompliance and all actions taken to prevent the recurrence
of similar situations. If you should have any questions, please do not hesitate to contact the
Asheville Regional Staff or Janet Cantwell at 828-296-4500.
Sincerely,
192
""""-,A
Roggr C. Edwards, Supervisor
Surface Water Protection Section
Asheville Region
Cc: DWQ Asheville Files
DWQ Central Files
PERCS Unit
Joel Burrell/ Public Works Director
S:\SWP\Palk\Collection Systems\Tryon Collection System\NOV-2010-ENV-0389.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NolrthCarofiina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 �1 latuta[`�
Internet:www.ncwatera �/Vuality.org

A4 I"JA
NCQENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
November 5, 2010
Mr. Jerry Prosser
Feldspar Corporation
P.O. Box 99
Spruce Pine, NC 28777
SUBJECT: Bioassay Compliance Inspection
Spruce Pine facility
Permit No: NC0000353
Mitchell County
Dear Mr. Prosser:
Enclosed please find a copy of the Bioassay Compliance Inspection conducted on
August 10, 2010. The test using these samples resulted in a pass. No violations of permit
requirements or applicable regulations were observed during this inspection.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please c 'f me at 828-296-4500.
Sincerely,
Jeff Menzel
Environmental Specialist
Enclosure
cc: Peggy A. Dortch, Environmental Manager
Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 2877804- NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 Nahmallty
Internet:www.ncwaterguality.ong S:\SWP\Mitchell\Wastewater\lndustrial\Feldspar00353\BC12010.doc �J

�j
�:
_.
\_
_._ _._..

United States Environmental Protection Agency Form Approved.
EPA
P A Washington,D.C.20460 OMB No.2040-0057
Water Compliance inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I r,I 2 I_j 3I NC0000353 111 121 10/08/10 117 181 BI 191 .G1 201
Remarks -J LJ
21IIII1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII6
Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA -----------------------Reserved--------------------
67 I 169 70 I 711 n i 72 I N I 73 74 751 I I I I I Li 80
}— Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
10:45 AM 10/08/10 06/10/01
Spruce Pine facility
530 Altapass Rd Exit Time/Date Permit Expiration Date
Spruce Pine NC 28777 11:00 AM 10/08/10 11/02/28
Name(s)of Onsite Representative(s)Ifitles(s)/Phone and Fax Number(s) Other Facility Data
Joseph Lacey Pittman/ORC/628-765-8971/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Jerry Prosser,PO Box 99 Spruce Pine NC 28777//704-765-5500/82876621 No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Facility Site Review
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers' Date
Jeff Menzel ,j� ARO WQ//828-296-4500/ //�p
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 (cant.) 1
3I NC0000353 I11 12I 10/08/10 I17 18'_'
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
The aquatic toxicity test using composite samples of effluent discharged from Feldspar Corporation/Spruce
Pine Plant has been completed. Feldspar Corporation/Spruce Pine Plant has an effluent discharge
permitted that is 3.5 million gallons per day entering the North Toe River. Whole effluent samples were
collected on August 10th and 13th, 2010 for use in a chronic Ceriopaphnia dubia pass/fail toxicity test.
Toxicity test information follows.
Test Type 3 Brood Ceriopaphnia dubia chronic pass fail
Test Concentrations 11%
Test Result Pass
Control Survival 100%
Control Mean Reproduction 20.9 neonates
Test Treatment Survival 100%
Treatment Mean Reproduction 20.5 neonates
First Sample pH 6.49 SU
First Sample Conductivity 517 micromhos/cm
First Sample TRC <0.1 mg/L
Second Sample pH 6.89SU
Second Sample Conductivity 726 micromhos/cm
Second Sample TRC <0.1 mg/L
Test results for the above samples indicate that the effluent would not be predicted to have water quality
impacts on receiving water. The test using these samples resulted in a pass.
Page# 2

u
411
WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 5, 2010
Thomas E. Hartye, Chief Engineer
Metropolitan Sewerage District of Buncombe County
2028 Riverside Drive
Asheville, N.C. 28804
Subject: Permit No. WQ0035090 Modification
Metropolitan Sewerage District of
Buncombe County
Emergency Services Training Facility
Force Main Relocation
Wastewater Collection System Extension
Buncombe County
Dear Mr. Hartye:
In accordance with your application received November 2, 2010, we are forwarding herewith
Permit No. WQ0035090, dated November 5, 2010, to the Metropolitan Sewerage District of Buncombe
County for the construction and operation of the subject wastewater collection system extension. This
permit shall be effective from the date of issuance until rescinded, shall void Permit No. WQ0034848
issued June 29, 2010 (for modifications) 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. The modification includes an increase of pipe length from 1200 linear feet to 3100 linear
feet, and an increase of pipe diameter from 12 inches to 18 and 20 inches. 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

MSD of Buncombe County November 5, 2010 Page 2
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to MSD of Buncombe County for the construction and operation of approximately 3100 linear of
18 and 20-inch force main to serve the Buncombe County Emergency Services Training Facility as part
of the Emergency Services Training Facility Force Main Relocation project, and the discharge of 0
gallons per day of collected domestic wastewater into the MSD of Buncombe County's existing
sewerage system, pursuant to the application received November 2, 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 MSD of Buncombe
County's French Broad River Reclamation Facility (Permit No. NCO024911) prior to being discharged
into the receiving stream. Construction of the subject wastewater collection system shall not commence
until approval for the construction and operation of these sewers has been obtained from the
Metropolitan Sewerage District of Buncombe County.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have
the right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
4500.
If you need additional information concerning this matter, please contact Don Price at (828) 296-
Sincerely,
for Coreen H. Sullins, Director
Division of Water Quality
cc: Buncombe County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NCO024911)
Gary D. Davis, P.E./Davis Civil Solutions,P.A.
Surface Water Protection Section Central Files
PERCS Files
S:\Mmuncombe\Collection Systems\MSD Collection System\WQ0035090 Emergency Services Force Main Relocation 10 5 2010 doc

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

PERMIT NO.WQ0035090,MSD of Buncombe County, Emergency Services Force Main Relocation,Buncombe County November 5,2010
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station
and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project
is to be completed in phases and partially certified, you shall retain the responsibility to track
further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 213 .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

PERMIT NO.W00035090,MSD of Buncombe County,Emergency Services Force Main Relocation,Buncombe County November 5,2010
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
- of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 51h day of November, 2010
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for tol4en H. Sullins, Director
Division of Water Quality
- By Authority of the Environmental Management Commission
Permit Number WQ0035090
3

PERMIT NO.WQ0035090,MSD of Buncombe County,Emergency Services Force Main Relocation,Buncombe County November 5,2010
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description:
permission is hereby granted to MSD of Buncombe County for the construction and operation of
approximately 3100 linear of 18 and 20-inch force main to serve the Buncombe County Emergency
Services Training Facility as part of the Emergency Services Training Facility Force Main Relocation
project, and the discharge of 0 gallons per day of collected domestic wastewater into the MSD of
Buncombe County's existing sewerage system
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings(plan & profile views of sewer lines)of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s) or storage greater than longest past three year outage reliability option selected) for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final '
1, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑weekly, ❑ full time) the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of
Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials.
North Carolina Professional Engineer's
seal, signature, and date:
:.............................................................. ..............................
SEND THIS FORM &SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
................................................................................................
The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.

NCDEN�
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 5, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 1925
Mr. Tony Konsul
Transylvania Utilities Inc.
P.O. Box 240908
Charlotte, North Carolina 28224-0908
Subject: NOTICE OF VIOLATION / NOTICE OF INTENT TO ENFORCE
NOV-2010-DV-0393
Permit No. WQCS00219
Transylvania Utilities Inc.
Connestee Falls Collection System
Transylvania County
Dear Mr.Konsul:
A review has been conducted of Connestee Falls Collection System's self
reported Sanitary Sewer Overflow's (SSO's) 24- hour report called in by
Transylvania Utilities Inc. This review has shown the subject facility to be in violation of
the requirements found in Collection System Permit WQCS00219 and/or G.S. 143-
215.1(a)(1). The violation that occurred is summarized below.
Area Violation Description Violation
Date Type
CSO/SSO (Sewer overflow) 10/01/2010 Sanitary Sewer Overflow Discharge
NOV-2010-DV-0393 500 Gallons Without Valid
Permit
Incident# 201002809
Remedial actions should be taken to correct this problem. The Division of
Water Quality is considering pursuing enforcement action for this violation.
One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-67 �
Internet: www.ncwaterquality.org �/�t�r�L[
An Equal Opportunity 1 Affirmative Action Employer ]�'

Mr. Tony Konsul
November 5, 2010
Page 2
It has been noted that no written 5-day report (Collection System Sanitary
Sewer Overflow Reporting Form), as required by your permit#WQCS00219, has
been received in this office.
You should address the causes of noncompliance and all actions taken to
prevent the recurrence of similar situations and respond in writing to this office within
ten (10) business days of receipt of this letter.
If you should have any questions, please do not hesitate to contact
Asheville Regional Staff or Janet Cantwell at 828-296-4500.
Sincerely,
0
Roger C. Edwards, Supervisor
Surface Water Protection Section
Division of Water Quality
Asheville Region
Cc: DWQ Asheville Files
DWQ Central Files
PERCS Unit
David Medling/ ORC
S:ISVVPtTrarisylvania'Ccoii.atlorr systems Mansylvania LJtilit.ies;NOV-2010-DV-C393-NOi.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
November 5, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 1918
Mr. Mack W. Edmisten, Director, Public Utilities
City of Lenoir
P.O. Box 958
Lenoir, North Carolina 28645-0958
Subject: NOTICE OF VIOLATION / NOTICE OF INTENT TO ENFORCE
NOV-2010-DV-0391
Permit No. WQCS00035
City of Lenoir
Lenoir Collection System
Caldwell County
Dear Mr. Edmisten:
A review has been conducted of Lenoir Collection System's self reported
Sanitary Sewer Overflow's (SSO's) 5-Day Report submitted by the City of Lenoir.
This review has shown the subject facility to be in violation of the requirements found in
Collection System Permit WQCS00035 and/or G.S. 143-215.1(a)(1). The violation that
occurred is summarized below.
Area Violation Date Description Violation
Type
CSO/SSO (Sewer 10/20/2010 Sanitary Sewer Overflow Discharge
Overflow) 126 Gallons Without Valid
NOV-2010-DV-0391 Permit
Incident# 201003006
Remedial actions should be taken to correct this problem. The Division of
Water Quality is considering pursuing enforcement action for this violation.
NorthCarolina
Location:2090 U.S.Highway70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer PIK-

Mr. Mack W. Edmisten
November 5, 2010
Page 2
You should address the causes of noncompliance and all actions taken to
prevent the recurrence of similar situations and respond in writing to this office within
ten (10) days of receipt of this letter. If you should have any questions, please do
not hesitate to contact Asheville Regional Staff or Janet Cantwell at 828-296-4500.
Sincerely,
�. ZZ".
Roger C. Edwards, Supervisor
Surface Water Protection Section
Division of Water Quality
Asheville Region
Cc: DWQ Asheville Files
DWQ Central Files
PERCS Unit
Richard Williams/ Public Utilities
SASWP1Caldwell,Collection Systems\Lenoir Collection System\NOV-201O-DV-0391-NO1.doc

Ai;
KUM
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 5, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 1901
Mr. Mack W. Edmisten, Director, Public Utilities
City of Lenoir
P.O. Box 958
Lenoir, North Carolina 28645-0958
Subject: NOTICE OF VIOLATION / NOTICE OF INTENT TO ENFORCE
NOV-2010-DV-0390
Permit No. WQCS00035
City of Lenoir
Lenoir Collection System
Caldwell County
Dear Mr. Edmisten:
A review has been conducted of Lenoir Collection System's self reported
Sanitary Sewer Overflow's (SSO's) 5-Day Report submitted by the City of Lenoir.
This review has shown the subject facility to be in violation of the requirements found in
Collection System Permit WQCS00035 and/or G.S. 143-215.1(a)(1). The violation that
occurred is summarized below.
Area Violation Description Violation
Date Type
CSO/SSO (Sewer Overflow) 10/19/2010 Sanitary Sewer Overflow Discharge
NOV-2010-DV-0390 748 Gallons Without Valid
Permit
Incident# 201003000
Remedial actions should be taken to correct this problem. The Division of
Water Quality is considering pursuing enforcement action for this violation.
NortKarolina
Location:2090 U.S.Highway70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 a'����N�/
Internet: www.ncwaterquality.org ��/ b "/ff
An Equal Opportunity 1 Affirmative Action Employer CHI'"

Mr. Mack W. Edmisten
November 5, 2010
Page 2
It was noted in your 5-day report under"Grease"that the "inspection program is
in development." This program, required by permit WQCS00035, should already have
been established and in place.
Please submit in writing within ten (10) business days a detailed account of what
actions are being taken to bring your Grease Inspection Program into compliance.
If you should have any questions, please do not hesitate to contact
Asheville Regional Staff or Janet Cantwell at 828-296-4600.
Sincerely,
L�
Roger C. Edwards, Supervisor
Surface Water Protection Section
Division of Water Quality
Asheville Region
Cc: DWQ Asheville Files
DWQ Central Files
PERCS Unit
Richard Williams/ Public Utilities
SASWP\Caldwell\Gollection Systems1enoir collection Systern\NOV-2010-DV-0390-NOI.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
November 5, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 1895
Mr. Mack W. Edmisten, Director, Public Utilities
City of Lenoir
P.O. Box 958
Lenoir, North Carolina 28645-0958
Subject: NOTICE OF VIOLATION / NOTICE OF INTENT TO ENFORCE
NOV-2010-DV-0392
Permit No. WQCS00035
City of Lenoir
Lenoir Collection System
Caldwell County
Dear Mr. Edmisten:
A review has been conducted of Lenoir Collection System's self reported
Sanitary Sewer Overflow's (SSO's) 5-Day Report submitted by the City of Lenoir.
This review has shown the subject facility to be in violation of the requirements found in
Collection System Permit WQCS00035 and/or G.S. 143-215.1(a)(1). The violation that
occurred is summarized below.
Area Violation Description Violation
Date Type
CSO/SSO (Sewer Overflow) 10/20/2010 Sanitary Sewer Overflow Discharge
NOV-2010-DV-0392 400 Gallons Without Valid
Permit
Incident# 201003007
Remedial actions should be taken to correct this problem. The Division of
Water Quality is considering pursuing enforcement action for this violation.
NorthCarolina
Location:2090 U.S.Highway70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 Naturally
Internet: www.ncwaterquality.org ��atuL a
An Equal Opportunity 1 Affirmative Action Employer

Mr. Mack W. Edmisten
November 5, 2010
Page 2
You should address the causes of noncompliance and all actions taken to
prevent the recurrence of similar situations and respond in writing to this office within
ten (10) days of receipt of this letter. If you should have any questions, please do
not hesitate to contact Asheville Regional Staff or Janet Cantwell at 828-296-4500.
Sincerely,
Roger C. Edwards, Supervisor
Surface Water Protection Section
Division of Water Quality
Asheville Region
Cc: DWQ Asheville Files
DWQ Central Files
PERCS Unit
Richard Williams/ Public Utilities
5 SW11..a1well'_(A)lfectiott tiytezn�a..,�a�r.irC't�llc tit�riSy,tu�r�''�01-'?(ilti-i�V_I)392-h.tSl.doc —�'

NiMA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 5, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 1932
Mr. Joseph M. Moore, Il, City Manager
City of Brevard
95 W. Main Street
Brevard,North Carolina 28712
SUBJECT: Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1)
and Collection System Permit WQCS00084
City of Brevard
Brevard Collection System
Case No. DV-2010-0098
Transylvania County
Dear Mr. Moore:
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 City of Brevard.
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 City of Brevard. This review has shown
the subject facility to be in violation of the requirements found in Collection System Permit
WQCS00084 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 City of Brevard violated the
terms, conditions or requirements of Collection System Permit WQCS00084 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 City of Brevard.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 y+
Internet: www.ncwaterquality.org at a
An Equal Opportunity 1 Affirmative Action Employer

$2,000.00 1 of 1 violation of North Carolina GS-143-215.1 and Permit#
WQCS00084 for a Sanitary Sewer Overflow of 56,662 gallons of =
untreated wastewater from the collection system.
(Ref: Incident# 201003038 )
$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
Division of Water Quality at the address listed below. In determining whether a remission request
will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)was
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Pretreatment Emergency Response and Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
AND
Roger C. Edwards, DWQ Regional Supervisor
2090 US Highway 70
Swannanoa,North Carolina 28778-8211
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.
Date Roger C. Edwards, Supervisor
Division of Water Quality
Asheville Region
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments _
PERCS Unit Enforcement Files w/attachments
Public Information Officer
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STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF TRANSYLVANIA
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
CITY OF BREVARD/ BREVARD
COLLECTION SYSTEM
PERMIT NO. WQCS00084 ) FILE NO. DV-2010-0098
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 November 5, 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-2010-0098 County: TRANSYLVANIA
Assessed Party: CITY OF BREVARD
Permit No.: WQCS00084 Amount Assessed: $2,067.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue . Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 5, 2010
CERTIFIED MAIL
_RETURN RECEIPT REQUESTED 7009 1680 0000 7515 1949
Mr. Joseph M. Moore, II, City Manager
City of Brevard
95 W. Main Street
Brevard,North Carolina 28712
SUBJECT: Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1)
and Collection System Permit WQCS00084
City of Brevard
Brevard Collection System
Case No. DV-2010-0099
Transylvania County
Dear Mr. Moore:
This letter transmits an assessment of civil penalty in the amount of$1,067.00 ($1,000.00 civil
penalty+ $67.00 enforcement costs) against the City of Brevard.
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 City of Brevard. This review has shown
the subject facility to be in violation of the requirements found in Collection System Permit
WQCS00084 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 City of Brevard violated the
terms, conditions or requirements of Collection System Permit WQCS00084 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, l, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against the City of Brevard.
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 ff�y+ //
Internet: www.ncwaterquality.org a`Kl a`[f
An Equal Opportunity 1 Affirmative Action Employer

$1,000.00 1 of 1 violation of North Carolina GS-143-215.1 and Permit# ;
WQCS00084 for a Sanitary Sewer Overflow of 38,696 gallons of
untreated wastewater from the collection system.
(Ref: Incident# 201003064 )
$1,000.00 TOTAL CIVIL PENALTY
$67.00 ENFORCEMENT COST _
$1,067.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the attention
of:
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
Division of Water Quality at the address listed below. In determining whether a remission request
will be approved,the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)was
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Pretreatment Emergency Response and Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
AND
Roger C. Edwards, DWQ Regional Supervisor
2090 US Highway 70
Swannanoa,North Carolina 28778-8211
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.
ZR
Date Roge C. Edwards, Supervisor
Division of Water Quality
ATTACHMENTS Asheville Region
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
PERCS Unit Enforcement Files w/attachments
Public Information Officer -
S:'•.Slt]''I'rtinstls ltiif�'C.`i}lleceion St�tErrt5a3r�uui1(':'oll�cti��r.45_tc-ni�J3�'t�)IU-flit<)9.ili?r

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF TRANSYLVANIA
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
CITY OF BREVARD/ BREVARD
COLLECTION SYSTEM
PERMIT NO. WQCS00084 ) FILE NO. DV-2010-0099
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 November 5, 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-2010-0099 County: TRANSYLVANIA
Assessed Party: CITY OF BREVARD
Permit No.: WQCS00084 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. 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 (1.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 5, 2010
John Condrey, County Manager
Rutherford County Government
289 N. Main Street
Rutherfordton, N.C. 28139
Subject: Permit No. WQ0035O91
Rutherford County Government
Forest City-Daniel Road Sewer
Wastewater Collection System Extension
Rutherford County
Dear Mr. Condrey:
In accordance with your application received November 2, 2010, we are forwarding herewith
Permit No. WQ0035O91, dated November 5, 2010, to Rutherford County Government 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

Rutherford County November 5, 2010 Page 2
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby %!
granted to Rutherford County for the construction and operation of approximately 1,660 linear feet of 8-
inch gravity sewer to serve 200 seats at 40gpd/seat, 50 employees at 40gpd/employee, and 50 rooms
at 175 gpd/room as part of the Forest City-Daniel Road project, and the discharge of 18,750 gallons per
day of collected domestic wastewater into the Town of Forest City's existing sewerage system,
pursuant to the application received November 2, 2010 and in conformity with 15A NCAC 2T; the
Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains
adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the
Department of Environment and Natural Resources and considered a part of this permit.
The sewage and wastewater collected by this system shall be treated in the Town of Forest
City's Wastewater Treatment Facility (Permit No. NC0025984) prior to being discharged into the
receiving stream.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
4500.
If you need additional information concerning this matter, please contact Don Price at (828) 296-
Sincerely,
floleeen !1. Sullins, Director
Division of Water Quality
cc: Rutherford County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0025984)
David W. Odom, P.E./Odom &Associates Engineering,Inc.
Town of Forest City WWTP, NPDES No. NCO025984
Surface Water Protection Section Central Files
PERCS Files
SASWP\Rutherford\Collection SystemsTorest City Collection System\WQ0035091 Daniel Road Proiect 11 5 2010 doc

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

PERMIT NO.W00035091, Rutherford County Gov't Daniel Road-Forest City, Rutherford County November 5 2010
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station
and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project
is to be completed in phases and partially certified, you shall retain the responsibility to track
further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 213 .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

PERMIT NO.W00035091, Rutherford County Gov't., Daniel Road-Forest City, Rutherford County November 5,_2010
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 5th day of November, 2010
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Cole n H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number W00035091
3

PERMIT NO.WQ0035091, Rutherford County Gov't Daniel Road-Forest City, Rutherford County November 5 2010
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description:
permission is hereby granted to Rutherford County for the construction and operation of approximately
1,660 linear feet of 8-inch gravity sewer to serve 200 seats at 40gpd/seat, 50 employees at
40gpd/employee, and 50 rooms at 175 gpd/room as part of the Forest City-Daniel Road project, and
the discharge of 18,750 gallons per day of collected domestic wastewater into the Town of Forest City'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 shag be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.

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
November 5, 2010
Mr. Glenn Young
K T Feldspar Corporation
P.O. Box 309
Spruce Pine, NC 28777
SUBJECT: Bioassay Compliance Inspection
K-T Feldspar Corp-Spruce Pine
Permit No: NC0000400
Mitchell County
Dear Mr. Young:
Enclosed please find a copy of the Bioassay Compliance Inspection conducted on
September 14, 2010. The test samples resulted in a pass. No violations of permit
requirements or applicable regulations were observed during this inspection.
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 Mer zel
Environmental Specialist
Enclosure
cc: Peggy A. Dortch, Environmental Manager
Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 r NorethCarolina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 Vatura!!y
Internet:www.ncwaterauality.org S:\SWP\Mitchell\Wastewater\Industrial\K-T Feldspar 00400\BCI-2010.doc

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United States Environmental Protection Agency Form Approved.
n Washington,D.C.20460 OMB No.2040-0057
EPA A Water Com liance 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 Is1 31 NCOOD0400 I11 121 10/09/14 117 181n1 191c1 201LJ
L=!Lj
Remarks !J I'J
21IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII6
Inspection Work Days Facility Self-Monitoring Evaluation Rating B11 CIA ---- -~— - ---Reserved ----- ----
671 169 70I 3 I 71 I n 72I NJ 73�74 751 I I I I I I (80
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
10:00 AM 10/09/14 06/10/01
K-T Feldspar Corp-Spruce Pine
Exit Time/Date Permit Expiration Date
Hwy. 226 North
Spruce Pine NC 28777 10:30 AM 10/09/14 11/02/28
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Eddie Keith Duncan/ORC/828-765-9621/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Glenn Young,PO Box 309 Spruce Pine NC 28777//704-765-9621/ No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Facility Site Review
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector( Agency/Office/Phone and Fax Numbers Date
A - ?6
Jeff Menzel ARO WQ//828-296-4500/
#4?(-
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
SI NC0000400 L11 12I 10/09/14 17 18I_1
Section D: Summary of Finding/Comments(Attach additional) f sheets of narrative and checklists as necessary)
The aquatic toxicity test using composite samples of effluent discharged from K-T Feldspar has been
completed. K-T Feldspar has an effluent discharge permitted that is 1.73 million gallons per day entering the
North Toe River. Whole effluent samples were collected on September 14th and 17th, 2010 for use in a
chronic Ceriopaphnia dubia pass/fail toxicity test.
Toxicity test information follows.
Test Type 3 Brood Ceriopaphnia dubia chronic pass fail
Test Concentrations 6%
Test Result Pass
Control Survival 100%
Control Mean Reproduction 16.6 neonates
Test Treatment Survival 100%
Treatment Mean Reproduction 17.1 neonates
First Sample pH 6.46 SU
First Sample Conductivity 442 micromhos/cm
First Sample TRC <0.1 mg/L
Second Sample pH 8.65 SU
Second Sample Conductivity 779 micromhos/cm
Second Sample TRC 0.15 mg/L
Test results for the above samples indicate that the effluent would not be predicted to have water quality
impacts on receiving water. The test using these samples resulted in a pass.
Page# 2

WA
A74,�'a
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
November 9, 2010
Easley McCaleb and Associates
PO Box 98309
Atlanta, Ga. 30359
Subject: Incident Closure
NOV-2010-SS-0025
Transylvania County
Dear Messrs:
The Division of Water Quality (DWQ)has received the Final Sediment Removal Report and
completed a site visit and inspection of your property related to the subject Notice of Violation.
The work that has been completed to stabilize your property and restore the stream has satisfactorily
resolved the violations noted in NOV-2010-SS-0025.
Thank you for your cooperation in this matter. Should you have any questions regarding this
matter, please contact me at(828) 296-4500.
Sincerely,
1rr .
Linda Wiggs
Surface Water Protection Section
Environmental Specialist
cc: ARO File Copy
John Hennessy-NPS ACOU
City of Brevard Planning
S:\SWP\Transylvania\Complaints\pipefailure-UTNicholson\NOV-2010-ss-0025-Ingles Closure.docx
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarofina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 //
Internet: www.ncwaterquality.org Naturally
An Equal Opportunity\Affirmative Action Employer

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WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
November 9, 2010
Allison Family Trust
865 Tip Top Rd.
Brevard,NC 28712
Subject: Incident Closure
NOV-2010-SS-0027
Transylvania County
Dear Mr. Allison:
The Division of Water Quality (DWQ) has received the Final Sediment Removal Report and
completed a site visit and inspection of your property related to the subject Notice of Violation.
The work that has been completed to stabilize your property and restore the stream has satisfactorily
resolved the violations noted in NOV-2010-SS-0027.
Thank you for your cooperation in this matter. Should you have any questions regarding this
matter, please contact me at(828) 296-4500.
Sincerely,
Linda Wiggs
Surface Water Protection Section
Environmental Specialist
cc: ARO File Copy
John Hennessy-NPS ACOU
City of Brevard Planning
S:\SWP\Transylvania\Complaints\pipefailure-UTNicholson\NOV-2010-ss-0027-Allison Closure.docx
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 �atura!!t�
Internet: www,ncwaterquality.org
An Equal Opportunity\Affirmative Action Employer

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_.____

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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
November 9, 2010
Mr. Bill Hale
Bon Worth Inc.
P.O. Box 2890
Hendersonville, North Carolina 28793
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0398
Permit No. NCO037176
Bon Worth WWTP
Henderson County
Dear Mr. Hale:
A review of Bon Worth WWTP's monitoring report for June 2010 showed the following violation:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 06/22/10 400#/100ml 600#/100ml Daily Maximum
Broth,44.5C Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted: however, should you have additional information
concerning the violations or comments which you wish to present, please submit them to the attention of Janet
Cantwell.
The Division of Water Quality may pursue enforcement action for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at
828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James &James Environmental/ORC
S:1SWP\HeraslersontWastewater,Niinors;uon VVorth 3 r 1?6iN0V-2010-LV-0398.doc NorthCarolina
Nmtlmmlly
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.newaterguality.org FAX [phone] 1-877-623-6748

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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
November 9, 2010
Steve Hodges
Duke Energy Carolinas, LLC
573 Duke Power Road
Mooresboro,NC 28114
Subject: 401 Water Quality Certification -Approval
Cliffside Intake Dredging
DWQ Project# 97-0175 V2
Rutherford County
BRD 02 /Broad River/9-(40.5)/WS-IV
Dear Mr. Hodges:
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 0.76 acres of open waters for the purpose of
dredging 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 3687. This Certification allows
you to use Nationwide Permit 3 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition,you should obtain or otherwise comply with any other required federal,state or local permits before
you proceed with your project including (but not limited to)Erosion and Sediment Control and water supply
watershed regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Waters 0.76 (acres) Sheet 3 of 6
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 NpfthCarollna
Internet:www.ncwaterquality.org 'J\�allwa y
An Equal Opportunity 1 Affirmative Action Employer !t /L

Steve Hodges
November 9,2010
Page 2 of 2
Additional Conditions
1. Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described
in 15 A NCAC 2B. .0200. Appropriate turbidity control practices should be used to meet this standard.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter l 50B 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,
97-71
4)74
Coleen H. Sullins, Director
CHSlcbc
Eric: GC3687
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
S:\SWP\Rutherford\401 s\Non-DOT\Cliffside Dredging4SPRVL.11.8.10.doc

A4��.r�a
KDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 9,2010
Yancey County
Bridge 116 Emergency Repair
DWQ Project 20100890
NCSR 1395 (Bald Mountain Creek 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 Bald Mountain Creek
for the purpose of emergency repairs to the existing bridge, constructing a temporary bridge for detour and performing
120 linear feet of stream bank stabilization in Bald Mountain Creek on NCSR 1395 (Bald Mountain Creek Road ) in
��.Yancey County:
Stream Impacts in the French Broad River Basin
Site Permanent Fill Temporary Streambank Temporary Total Stream
in Intermittent Impacts in Stabilization Impacts in Stream Impacts
Stream(linear Intermittent in Perennial Perennial Impact Requiring
ft) Stream Stream Stream (linear ft) Mitigation
(linear ft) linear ft) linear ft) (linear ft)
Site 1 0 0 1 120 20 140 0
Total 0 0 1 120 20 140 0
Total Permanent Stream Impacts for Project: 120 lin.ft.Total Temporary Stream Impacts for Project: 20 linear ft.
The project should be constructed in accordance with your application dated October 25, 2010 (received October 25,
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 Nos. 3689 and 3688,corresponding to
the"U.S. Army Corps of Engineers Nationwide Permit Numbers 13 and 33. 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 Nof ffiCarolina
Phone:[phone]OX FAX:[phone] Customer Service:1-877-623-6748 ��f�y��//�
Internet: www.ncwaterquality.org ` L
An Equal Opportunity 1 Affirmative Action Employer

Mr.J. J. Swain,Jr., P.E.
November 9,2010
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 the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, ands
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. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction
contours and elevations. The impacted areas shall be revegetated with appropriate native species.
5. 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.
6. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and
pre-treated through site-appropriate means(grassed swales, pre-formed scour holes, vegetated buffers,etc.)before
entering the stream. Please refer to the most current version of Stormwater Best Management Practices.
7. All bridge construction shall be performed from the existing bridge.
8. In-stream work and land disturbance within the 25-foot buffer zone are prohibited during the trout-spawning
season of January 1 through April 15 to protect the egg and fry stages of trout.
9. Widening the stream channel should be avoided. Stream channel widening above and below the structure 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.
...._.__._._

,3. 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.
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.

Mr.J.J. Swain,Jr., P.E.
November 9,2010
Page Four
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 �
100890(Swain)Bridge 116 NCSR 1395 Bald Mtn.Creek Road

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
November 9, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 1956
Mr. John E. Reeves
234 Reid Ave
Port St. Joe, Florida 32456
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
John Reeves Property located at 530 Mine Creek Road
NOV-2010-CV-0013
401 Water Quality Certification(WQC) Conditions
Removal of Best Usage
Mitchell County
Response deadline: November 29,2010
Dear Mr. Reeves:
On November 20, 2010, Kevin Barnett from the Asheville Regional Office of the Division of
Water Quality(DWQ) conducted a site inspection at 530 Mine Creek Road along Mine Creek in
Mitchell County.
401 certification, and stream standards violations were noted during the inspection and file review.
Sediment impacts to Mine Creek and an un-named tributary to Mine Creek, classified C, Tr were
documented constituting certification and standard violations. 270 linear feet of Mine Creek and
200 linear feet of an un-named tributary to Mine Creek were excavated and the stream bed material
was side cast along the creeks length through the property in question, constituting violations of
certifications and stream standards.
VIOLATIONS
I. Failure to Secure 401 WQC— 15A NCAC 02H .0500—North Carolina Administrative
Code requires activities affecting waters be certified by the Division of Water Quality. No
Certification was applied for, nor received for the excavation activity which has occurred at
530 Mine Creek Road.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location;2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone] FAX:[phone] N Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org Naturally
An Equal Opportunity 1 Affirmative Action Employer

John Reeves Property
November 9,2010
Page 2 of 3
II. Removal of Best Usage— 15A NCAC 02B.0211 (2)-Greater than 270 linear feet of Mine
Creek and 200 linear feet of an un-named tributary to Mine Creek, Classified C, Tr, was �J
impacted by excavation of stream bed, representing Water Quality Stream Standard
violation of 15A NCAC 02B .0211 (2)
REQUIRED RESPONSE
This Office requests that you respond in writing prior to closing on November 29,2010. 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. 401 WQ Certification
a. Clearly explain why appropriate 401 Water Quality Certification and a 404 Permit
were not secured
b. It is required that you contact the United States Army Corps of Engineers to
determine if a 404 Permit is necessary for these restoration activities.
c. Satisfactory stream restoration requires planting in accordance with the EEPi
Publication"Guidelines for Riparian Buffer Restoration". This document is
available electronically at http://www.nceep.net/news/reportsibuffers.pdf
II. Removal of Best Usage— 15A NCAC 02B.0211 (2)
a. Please provide documentation(including a detailed site map/survey) depicting all
jurisdictional water features (e.g. streams, wetlands, buffers) on the site. This
documentation should describe and quantify the impacts to those jurisdictional
features, and should include plans to avoid further stream and wetland impacts on
the site.
b. Please submit the following documents for review and approval:
• Stream Restoration Plan (excavation impacts)—Excavation impacts to the
streams onsite and downstream of the site must be remediated. As a part of this
plan, you should provide the amount(depth) of material that has been excavated
and sidecast in the floodplain, stream and any wetlands. This information
should be depicted on a map you provide. Your remediation plan should
provide for returning the stream to a natural pattern, dimension, and profile
through the property in question.
• Please indicate in your response a detailed schedule with dates explaining when
the restoration will be accomplished.

skeeves Property
,ovember 9,2010
Page 3 of 3
• It is required that you contact the Division of Land Resources and the U.S.
Army Corps of Engineers. These contacts are necessary to ensure that your
restoration efforts are in compliance with the Sedimentation Pollution Control
Act and Section 404 of the Clean Water Act.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters,please contact Kevin Barnett at [phone].
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
Division of Land Resources
US Army Corps of Engineers, Asheville Regulatory Field Office
Mitchell County Planning
S:\SWP\MitcheII\401 s\Non-DOT\ReevesProperty.MineCreek\NOV2010CV0013ver2.doc

\ i
___
____
___

RMENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director - Secretary
November 9, 2010
Mr. Ronald W.Nalley, Town Administrator
Town of Montreat
96 Rainbow Terrace
Montreat,NC 28757
Subject: 401 Water Quality Certification -Approval
Montreat—Greybeard Road (culvert)
DWQ Project# 10-0795
Buncombe County
FRB/UT Flat Creek/ 6-78-6-(1)/ C-HQW
Dear Mr. Nalley:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 25 feet of stream for the purpose of culvert
installation 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 3820. This Certification allows
you to use Nationwide Permit 14 when issued by the US Army Corps of Engineers (USAGE). Authorization to
proceed with your.proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state, or local permits
before you proceed with your project including (but not limited to) Erosion and Sediment Control regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Stream 25 (feet) Ref. Plan Sheet C-103
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 'J atiaall y
An Equal Opportunity 1 Affirmative Action Employer �/1/ i ll y

Mr.Nalley
November 9,2010
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may result in �J
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Susan A. Wilson in the Asheville Regional Office
at(828)296-4500.
Sincerely,
U
Coleen H. Sullins, Director
CHS/saw
Enc: GC3820
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
S:\SWP\Buncombe\401s\Non-DOT\Greybeard Road culvert-Montreat\APRVL.Greybeard Rd Montreat.l 1 2010.doc

I _ _
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NNW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Dee Freeman
Governor Director
Secretary
November 10, 2010
R. Cameron McHargue, Town Manager
Town of Spindale
103 Reveley Street
Spindale,NC 28160
Subject: 401 Water Quality Certification-Approval
Town of Spindale Sewer Line Upgrade
DWQ Project# 10-0799
Rutherford County
BRD02/Reynolds Creek/9-41-13-7-2/C
Dear Mr. McHargue:
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 108 feet of streams for the purpose of gravity
sewer line installation 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 108 (feet) Stream Impact figures
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 NQjthCuol lna
Internet:www.ncwaterquality.org
An Equal Opportunity',Affirmative Action Employer

R.Cameron McHargue
November 10,2010
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, Direct
CHSlcbc
Eric: GC3819
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
SASWP\Rutherford\401sWon-DOMpindale Sewer\APRVL.11.09.10.doc

Arj
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 10, 2010
Mr. Dennis J. Whitson
3800 Sugarhill Road
Marion, North Carolina 28752
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0403
Permit No. NCO079481
Harmony Estates WWTP
McDowell County
Dear Mr. Whitson:
A review of Harmony Estates WWTP's monitoring report for June 2010 showed the following
violation:
Parameter Date Limit Reported Limit Type
Value Value
Solids, Total Suspended 06/30/2010 30 mg/I 31.42 mg/I Monthly Average
- Concentration Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted: however, should you have additional information
concerning the violations or comments which you wish to present, please submit them to the attention of Janet
Cantwell
The Division of Water Quality may pursue enforcement action for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at
828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
-� DWQ Central Files
Phillip Pittman/ORC
One
S:\SWP\McDowell\Wastewater\Mnors\Harmony Estates 79481\NOV-2010-LV-0403.doc NorthCarobna
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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.newaterguality.org FAX [phone] 1-877-623-6748

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 10, 2010
Dr. Jeff Church, Auxiliary Services
Caldwell County Schools
1914 Hickory Boulevard
Lenoir, North Carolina 28645
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0399
Permit No. NCO030783
Baton Elementary School WWTP
Caldwell County
Dear Dr. Church:
A review of Baton Elementary School WWTP's monitoring report for June 2010 showed the
following violation:
Parameter Date Limit Value Reported Value Limit Type
Nitrogen, Ammonia Total 06/30/10 3 mg/I 3.2 mg/I Monthly
(as N) - Concentration Average
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted: however, should you have additional information
concerning the violations or comments which you wish to present, please submit them to the attention of 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,
1�10e. /
��Z;ck
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Water Tech Labs/ORC
S:1SWPtCaldtivelllWastewaterlMinorslBaton Elementary 307831NOV-2010-LV-0399.doc NorthCarolina
,Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 1-877-623-6748

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NCQENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 10, 2010
Mr. Jonathan Kanipe,Town Manager
Town of Columbus
P.O. Box 146
Columbus, North Carolina 28722-0146
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0404
Permit No. NCO021369
Columbus WWTP
Polk County
Dear Mr. Kanipe:
A review of Columbus WWTP's monitoring report for June 2010 showed the following violation:
Parameter Date Limit Value Reported Limit Type
Value
Coliform, Fecal MF, M- 06/05/2010 400#/100ml 600#/100ml Weekly Geometric
FC Broth,44.5C Mean Exceeded
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 8281296-4600.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Paul Rhodes/ORC
S:,SWP1Polkl,Nastewate i-\Municipa!1Coltimbus WWTP 213+691 OV-201d-L.V-0404.doc No thCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.newatercivality.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
November 12, 2010
Scott Montgomery
1130 Partridge Road
Spartanburg, SC 29302
Subject: 401 Water Quality Certification-Approval
Scott Montgomery Lot D444
DWQ Project 4 10-0917
Henderson County
BRD03 /Green River(Lake Summit)/ 9-29-(22)/C; Tr
Dear Mr. Montgomery:
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 0.02 acres of open waters for the purpose of
shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in
the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USAGE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including(but not limited to)Erosion and Sediment
Control and 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 0.02 (acres) Sketch
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 NOrthCarolzna
Internet:vuww.ncwaterquality.org
An Equal OoDortunity\Affirmative Action ErnDlover `

Scott Montgomery
November 12,2010
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,
�,44oleen H. Sullins, Director
CHSlcbc
Enc: GC3693
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
S:\S WP\Henderson\401 s\Non-D0T\Montgomery\APRVL.11.10.10.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 15, 2010
Ms. Sally W. Sandy, City Manager
City of Morganton
305 E. Union Street, Suite A100
Morganton, N.C.28680
Subject: Permit No. WQ0035096
City of Morganton
Morganton Heights
Wastewater Collection System Extension
Burke County
Dear Ms. Sandy:
In accordance with your application received November 4, 2010, we are forwarding herewith
Permit No. WQ0035096, dated November 15, 2010, to the City of Morganton 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

City of Morganton November 15, 2010 Page 2
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to the City of Morganton for the construction and operation of approximately 5,225 linear feet of
8-inch gravity to serve a shopping center with office and retail space consisting of 419,557 sq. ft., and 7
outparcels as part of the Morganton Heights project,and the discharge of 120,200 gallons per day of
collected domestic wastewater into the City of Morganton's existing sewerage system, pursuant to the
application received November 4, 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 Morganton's
Catawba River Wastewater Treatment Facility (Permit No. NC0026573) 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,
nL
H. Sullins, Director
Division of Water Quality
cc: Burke County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0026573)
Jeffrey G. Belyea, P.E./Wolverton &Associates, Inc.
Surface Water Protection Section Central Files
PERCS Files
SASWP\Burke\Collection SystemsWorganton Collection System\W00035096 Morganton Heights 11 16 2010 doc

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

PERMIT NO W00035096 City of Morganton Morganton Heights, Burke County November 15. 2010
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station
and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project
is to be completed in phases and partially certified, you shall retain the responsibility to track
further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 2B .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

PERMIT NO W00035096 City of Morganton, Morganton Heights, Burke County November 15. 2010
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 15th day of November, 2010
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
_X;� 'Lt 1
for tolein H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0035096
3

PERMIT NO W00035096, City of Morganton. Morganton Heights Burke County November 15, 2010
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description:
permission is hereby granted to the City of Morganton for the construction and operation of
approximately 5,225 linear feet of 8-inch gravity sewer to serve a shopping center with office and retail
space consisting of 419,557 sq. ft., and 7 outparcels as part of the Morganton Heights project, and the
discharge of 120,200 gallons per day of collected domestic wastewater into the City of Morganton'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
November 15, 2010
Mr. Henry K. Odom
1 Ariel Loop
Hendersonville, North Carolina 28792-9583
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0406
Permit No. NCO071862
Magnolia Place WWTP
Henderson County
Dear Mr. Odom:
A review of Magnolia Place WWTP's monitoring report for June 2010 showed the
following violation:
Parameter Date Limit Value Reported Limit Type
- Value
Coliform, Fecal MF, M- 06/01/10 400 600 Daily Maximum
FC Broth,44.5C #/100ml #/100ml Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since
the comments section on the reverse of the relevant DMR provided an adequate explanation for the
subject violation, it is not requested that a response be submitted: however, should you have
additional information concerning the violations or comments which you wish to present, please
submit them to the attention of Janet Cantwell.
The Division of Water Quality may pursue enforcement action for this and any additional
violations of State law. If you should have any questions, please do not hesitate to contact
Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
r cc: DWQ Asheville Files
DWQ Central Files
S:\SWP\Henderson\Wastewater\Minors\Magnolia Place 7186MOV-2010-LV-0406.doc
NorthCarofina
NaturallY
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.ora FAX [phone] 1-877-623-6748

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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
November 15, 2010
Mr. Rick Spurling, Assistant Superintendent
Mitchell County Board of Education
72 Ledger School Road
Bakersville, North Carolina 28705
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0412
Permit No. NCO066737
Mitchell High School WWTP
Mitchell County
Dear Mr. Spurling:
A review of Mitchell High School WWTP's monitoring report for July 2010 showed the following
violation:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, 07/07/2010 400#/100ml 1,500#/100ml Daily Maximum
M-FC Broth,44.5C Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted: however, should you have additional information
concerning the violations or comments which you wish to present, please submit them to the attention of Janet
Cantwell
The Division of Water Quality may pursue enforcement action for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at
8281296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
- DWQ Central Files
Tony R. Crowder/ORC
S:\SWP\Mitchell\Wastewater'lMiriors\Mitchell High School 667371NOV-2010-LV-0412.doc NorthCarolina
,Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 1-877-623-6748

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NCQENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 15, 2010
Mr. Charles F. Gay
USDA US Forest Service
160 Zillicoa Street, Suite A
Asheville, North Carolina 28801-1082
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0411
Permit No. NCO020478
Lake Powhatan Recreation Area WWTP
Buncombe County
Dear Mr. Gay:
A review of Lake Powhatan Recreation Area WWTP's monitoring report for June 2010 showed the
following violation:
Parameter Date Limit Value Reported Limit Type
Value
Coliform, Fecal MF, M- 06/19/2010 400#/100ml 440#/100mi Weekly Geometric
FC Broth,44.5C Mean Exceeded
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 8281296-4600.
Sincerely,
,-<� 0- Z�Z_gc-"
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ORC
S:\SWP\Buncombe\Wastewater\Minors\Lake Powhattan 20478\NOV-2010-LV-0411.doc NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 1-877-623-6748

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RMENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 15, 2010
Ms. Jan W. Grove
Midway Medical Center P A
P.O. Box 1409
Canton, North Carolina 28716-1409
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0407
Permit No. NCO022454
Midway Medical Center WWTP
Haywood County
Dear Ms. Grove:
A review of Midway Medical Center WWTP's monitoring report for June 2010 showed the following
violations:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, 06/30/2010 400#/100ml 530#/100ml Daily Maximum
_= M-FC Broth,44.5C Exceeded
pH 06/16/2010 9 su 606.0 su Facility Reporting
Error
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.
The above parameter for pH was entered incorrectly as 606.0 on your DMR. Please send an
amended DMR with the correct value for pH 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/ ORC
S:\SWP\Haywood\Wastewater\Minors\Midway Medical Center 22454\NOV-2010-LV-0407.doc Won
hCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.ora FAX [phone] 1-877-623-6748

NCQENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 15, 2010
Mr. Larry Callicutt
Town of Bryson City
P.O. Box 726
Bryson City, North Carolina 28713
Subject: NOTICE OF VIOLATION
NOV-2010-MV-0163
Permit No. NCO026557
Bryson City WWTP
Swain County
Dear Mr. Callicutt:
A review of Bryson City WWTP's monitoring report for June 2010 showed the following violations:
Parameter Date Measuring Violation
Frequency
/ Total Nitrogen 06/30/2010 Semi-Annually Failure to Monitor
Total Phosphorus 06/30/2010 Semi-Annually Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked"Non-Compliant"with an explanation for the non-compliance. If the above
parameters were left off inadvertently, please send an amended DMR to Raleigh at the address found
on the front page of your DMR.
Please remember that semi-annual sampling is defined as twice per year: one sampling time in the
first six months of the year and one sampling time in the second six months of the year.
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
Lamar Williams/ORC
S:1SWPlSWainM/astewatertMLinicipallBryson City VVWTP 265571NOV-2010-MV-0163.doc Won
thCazolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality.orq 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 K Sullins Dee Freeman
Governor Director Secretary
November 16, 2010
Dave Alban
1105 West Little Darner Road
Ashland, KY 41102
Subject: 401 Water Quality Certification -Approval
Dave Alban
DWQ Project# 10-0932
Rutherford County
BRDO1 /Broad River(Lake Lure)/ 9-(17)/B; Tr
Dear Mr. Alban:
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 open waters for the purpose of
shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in
the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 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 0.005 (acres) Sketch
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 ly ofthCarolina.
Internet:www.ncwaterquality.org AgWallb"'

Dave Alban
November 16,2010
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,
A;/Nwa- ""�-
Coleen H. Sullins, Director
CHSlcbc
Enc: GC3693
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
S:\SWP\Rutherford\401s\Non-DOT Mban\APRVL.11.15.10.doc

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NCQENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
- Beverly Eaves Perdue Goleen H.Sullins Dee Freeman
Governor Director Secretary
November 16, 2010
Mr. McCray Coates, P.E., Stormwater Service Manager
City of Asheville
P.O. Box 7148
Asheville,NC 28802
SUBJECT: NPDES Stormwater Permit Compliance Inspection
Asheville Fleet Management Center
Permit No: NCG080682
Buncombe County
Dear Mr. Coates:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
November 8, 2010. I appreciated the opportunity to meet with you, Ms. Lipe, and Mr. Stevens.
The facility was found to be in compliance with most aspects of the stormwater permit
(NCG080682). However, the facility was not in compliance with the benchmark value for Total
Suspended Solids. Due to the exceedances (at both outfalls) of Total Suspended Solids,the City is
under Tier One response, specified in Part II, Section B of the permit.
Enclosed is a copy of the Compliance Inspection Report,which contains additional observations
and comments for your reference (in the Summary section on p. 2).
Please contact me at(828) 296-4665 or Susan.A.Wilsonancderingov, if I can be of any further
assistance (or if the next analytical sampling results in an exceedance of the benchmark values).
Sincerely,
S san A. Wilson, P.E.
Environmental Engineer
Surface Water Protection
Enclosure
cc: Central Files (w/attachment)
ARO Files (w/attachment)
David Foster, Assistant Director for Public Works, City of Asheville
S:\SWP\Buncombe\Stonnwater\NCG08 Transit and Transportation\AVL Fleet Maintenance NCG080682\LTR.CEI.AVL Fleet.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 olle
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 NorthCarolina
Internet:www,ncwaterquality.org (��/a�} "
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An Equal Opportunity\Affirmative Action Employer

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Compliance Inspection Report
Permit: NCG080682 Effective: 11/01/07 Expiration: 10/31/12 Owner: Asheville Fleet Management
SOC: Effective: Expiration: Facility: Asheville City-Fleet Maintenance Building
County: Buncombe 173 S Charlotte St
Region: Asheville
Asheville NC 28801
Contact Person: Chris Dobbins Title: Phone:[phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 11/08/2010 Entry Time: 10:00 AM Exit Time: 11:45 AM
Primary Inspector: Susan A Wilson Phone:[phone]
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type:Compliance Evaluation
Permit Inspection Type: Transportation wNehicle Maintenance/Petroleum Bulk/Oil
Water Separator Stormwater Discharge COC
Facility Status: Q Compliant ■ Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1

Permit: NCG080682 Owner-Facility:Asheville Fleet Management
Inspection Date: 11/08/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine i
Inspection Summary:
Susan Wilson (ARO/DWQ)met with City staff members Mark Stevens, Keisha Lipe, and McCray Coates at the Fleet
Maintenance site.
After the initial site visit March 2010,the City hired Stormwater Services Group to evaluate the site and provide
monitoring/sampling data. Sampling was conducted May 2010(after purchase of bag filters for drop inlets). A review of
the data indicated that the TSS benchmark values were exceeded for the two outfalls that are sampled (002 and 006;
outfall 002 is near the'upstream'portion of the site and outfall 006 is near the'downstream'portion of the site; other drop
inlets are directed to these outfalls-which go directly to a culverted stream under the property). Since the benchmark
values for TSS were exceeded,the City Fleet Maintenance is now under Tier 1 response. The City was reminded to
review all data after results are received and possibly sample more frequently and/or evaluate the area to determine the
source of the exceedance.Another exceedance will cause the City to be in a Tier 2 response(where monthly sampling
will have to be conducted, as well as other elements specified in the permit). DWQ suggests that analytical and qualitative
monitoring be conducted at the same time. (It may be that some sediment runoff from the adjacent hillside is an issue).
The City's investigative actions should be documented and kept with the Stormwater Pollution Prevention Plan(SWPPP).
The City has already notified DWQ via e-mail of their pending response to Tier One.
Vehicle maintenance takes place in the building with floor drains that ultimately go to an oil/water separator,then to the
sanitary sewer system.
Most elements of the SWPPP are in place, but should be easily referenced and accessible. It was suggested that the City
document(and have forms for)facility inspections,when parking lot is cleaned, etc.
Page: 2

Permit: NCG080682 Owner-Facility:Asheville Fleet Management
Inspection Date: 11/08/2010 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 ❑ C
#Does the Plan include a General Location(USGS)map? ■ ❑ ❑ Q
#Does the Plan include a"Narrative Description of Practices"? ■ 0 ❑ 0
#Does the Plan include a detailed site map including outfall locations and drainage areas? ■ 0 n
#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? D 0 0 ■
#Does the facility provide all necessary secondary containment? Q O ■ Q
#Does the Plan include a BMP summary? ■ Q Q 0
#Does the Plan include a Spill Prevention and Response Plan(SPRP)? ■ ❑ n ❑
#Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ Q 0 Q
#Does the facility provide and document Employee Training? ■ ❑
Cl 0
#Does the Plan include a list of Responsible Party(s)? ■ 0 ❑ 0
#Is the Plan reviewed and updated annually? ■ 0 0 0
#Does the Plan include a Stormwater Facility Inspection Program? ■ Cl
Has the Stormwater Pollution Prevention Plan been implemented? ■ n 0 Q
Comment: The Fleet facility has the major components of the Stormwater
Management Plan (and the contractor hired by the City has provided good
documentation/suggestions). DWQ suggested that all elements be placed in a
notebook(similar to the way the elements are written in the permit and similar to this
inspection queery for easy use and reference).
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ■ n D n
Comment: After the initial inspection conducted March 2010, the City is now
performing the required monitoring (conducted April 2010).
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? ■ n Q ❑
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ■ ❑ n O
Comment: As stated above, the City has conducted its required monitoring (May 2010
after the filters were placed below drop inlets).
The May data for TSS exceeded the benchmark value of 100 mg/I for both monitored
outfalls (002 and 006). The City was reminded that they are now under the Tier 1 plan
since the benchmark value was exceeded.
Permit and Outfalls Yes No NA NE
Page: 3

Permit:NCG080682 Owner-Facility:Asheville Fleet Management
Inspection Date: 11/08/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine
#Is a copy of the Permit and the Certificate of Coverage available at the site? ■ 0 ❑ 0
#Were all outfalls observed during the inspection? N Q n 0
#If the facility has representative outfall status, is it properly documented by the Division? ❑ Q ■
#Has the facility evaluated all illicit(non stormwater)discharges? ❑ 0 0
Comment: The City should make sure that any illicit discharges are evaluated (and
provide documentation/signature of that evaluation).
Page: 4

Amn-KWA�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 16, 2010
Mr. Charles J. Salas, Asset Manager
Reprop Financial Mortgage Investors LLC and Diversified Lending Group Inc.
4711 Viewridge Avenue
Suite 270
San Diego, California 92123
Subject: NOTICE OF VIOLATION
NOV-2010-MV-0164
Permit No. NCO080098
Linville Falls Mountain Club and Preserve
WWTP
McDowell County
Dear Mr. Salas:
A review of Linville Falls Mountain Club and Preserve's WWTP monitoring report for June 2010
showed the following violation:
Parameter Date Measuring Violation
Frequency
Oil & Grease Week ending 06/26/2010 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 8281296-4600.
Sincerely,
8f f
ee
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Dennis Perk/ Linville Falls Club HOA
James & James Environmental/ORC
S:\SWP\McDowell\Wastewater\Miriors\Blue Ridge Country Club 80098\NOV-201 0-MV-01 64.doc NorthCarolina
J VAM711Y
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality.or-q FAX [phone] 1-877-623-6748

RMENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 16, 2010
Mr. Charles J. Salas, Asset Manager
Reprop Financial Mortgage Investors LLC and Diversified Lending Group Inc.
4711 Viewridge Avenue
Suite 270
San Diego, California 92123
Subject: NOTICE OF VIOLATION
NOV-201 0-MV-01 66
Permit No. NCO080098
Linville Falls Mountain Club and Preserve
WWTP
McDowell County
Dear Mr. Salas:
A review of Linville Falls Mountain Club and Preserve's WWTP monitoring report for July 2010
showed the following violation:
Parameter Date Measuring Violation
Frequency
Oil & Grease Week ending 07/03/2010 Weekly Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR to Raleigh at the address found on
the front page of your DMR.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Dennis Perk/ Linville Falls Club HOA
James & James Environmental/ ORC
S:1SWP1McDowell\WastewatertMinors\Blue Midge Country Club 8009MOV-2010-MV-0166.doc NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.org FAX [phone] 1-877-623-6748

A LT-WA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 16,2010
Jim Fatland
Town Manager
Town of Highlands
P.O.Box 460
Highlands,NC 28741
Subject: Sunset Rock Road and Stream Impacts
Dear Mr.Fatland:
The Division has been working with town personnel and Highlands Biological Station(HBS)staff to
resolve significant water quality impacts to Mill Creek caused by the loss of gravel from Sunset Rock
Road. Currently,removal of crushed stone from the stream reach on HBS property has begun. Mr.
Lamar Nix and Mr. Josh Ward have been very helpful in arranging these restoration activities. A portion
of the stream located on private property upstream of the HBS will require restoration as well.
Water quality will be improved by the removal of the gravel,restoring habitat for aquatic life and normal
functions of the stream. However,unless the source of the gravel is eliminated, additional stream
impacts—water quality violations—are possible,which will require additional restoration efforts. Town
staff have improved the situation on Sunset Rock Road by better managing stormwater runoff and
installing sediment traps or basins. A more certain approach, and one that would likely require less on-
going maintenance,would be the paving(i.e.,chip seal or full asphalt), of Sunset Rock Road.
We appreciate the willingness of the town to assist resolving this situation. Please contact me if I can
answer any questions or provide any help with this or other water quality issues.
Sincerely, / ;'
r
Chuck Cra ord
Environmental Specialist
Surface Water Protection
cc: Roger Edwards—DWQ Surface Water Protection Regional Office Supervisor
S:\SWP\Macon\Complaints\HighlandsBologicalStation\LTR_TownOf lighlands.11.15.10.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 J�����r�/
Internet: www.ncwaterquali�.org N�/ f "/ff
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
November 17, 2010
Mr. Peter N. Alexander
Young Life Ministries
120 Coles Cove Road
Weaverville, North Carolina 28787
Subject: NOTICE OF VIOLATION
NOV-2010-MV-0168
Permit No. NCO034304
Windy Gap Camp WWTP
Buncombe County
Dear Mr. Alexander:
A review of Windy Gap Camp WWTP's monitoring report for June 2010 showed the following
violation:
Parameter Date Measuring Violation
Frequency
Temperature Weekending 06/26/2010 5 X/Week Failure to Monitor
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 within 10 business days of receipt of this letter to Raleigh
at the address found on the front page of your DMR.
It was noted on the DMR at the bottom of the Total Residual Chlorine(TRC)column as"NL,"meaning
"No Limit"? A Total Residual Chlorine limit of 28 pg/ L for your WWTP took effect June 1, 2007. TRC was
shown measured as > 17 pg/ L on three occasions.
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 TRC. Please respond in writing
about the "greater than" values for TRC on the 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
S:1SWPtBuncombe\Wastewater\Minors\Yourig Life Windy Cap 34304tNOV-2010-MV-0168.doc NorthCarolina
�aturall�
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www ncwaterquality.orq 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
November 17, 2010
CERTIFIED MAIL RETURN RECEIPT REQUESTED—7009 1680 0000 7515 1963
Mr. J. J. Swain, Jr., P.E.
Division 13 Engineer
North Carolina Department of Transportation
Post Office Box 3279
Asheville,North Carolina, 28802
Subject: Notice of Violation for Discharging Concrete and Violating Water Quality Standards in Wesley Branch in
Buncombe County,North Carolina.
Dear Mr. Swain:
On November 4,2010, staff of the Asheville Regional Office's,NC Division of Water Quality, received a report of a fish
kill in Wesley Creek which is classified as "B"waters of the State and is tributary to Bent Creek and the French Broad
'River. Investigation by NC Division of Water Quality staff found that work being conducted by a contractor(Proshot
concrete, Inc.)working for the NC Department of Transportation(NCDOT)was making repairs to the double barreled
(84-inch)culvert that carries Wesley Creek under North Carolina Secondary Road 3562. The investigation found that the
contractor had diverted the flow of Wesley Creek into the east culvert and in the west culvert had placed wire mesh over
the bottom third of the corrugated metal culvert and sprayed the inside bottom third of the west culvert with
approximately four(4)inches of concrete. The contractor then began work in the east culvert without diverting Wesley
Creek, and sprayed concrete on the bottom third of the culvert, approximately fifty(50) feet in length. Thus,water in
Wesley Creek was allowed to come into contact with uncured concrete. Also, it appears that the contractor cleaned out
the hose used for spraying the concrete inside the culvert and on the embankment above the end of the culvert where wet
uncured concrete was allowed to flow into Wesley Creek. A gray colored material similar to concrete was also observed
covering the bottom of Wesley Creek downstream of the culverts for a distance of approximately 50 to 75 feet.
On November 5,2010, Mr. Mike Parker of the Asheville's Regional Office's Surface Water Protection Section and Mr.
Roger Bryan, Division 13 Environmental Supervisor continued with their investigation and found that approximately 178
fish had been killed in Wesley Creek from the discharge of wet uncured concrete from the work being conducted to repair
the culverts under NC Secondary Road 3562. Mr. Bryan indicated that two(2) inspectors with the NCDOT were on site
during the culvert work but were not aware that the contractor had sprayed concrete in the east culvert or were aware that
concrete had been lost to Wesley Creek, resulting in the fish kill.
The discharge of wastewater from the spraying of concrete, violating State surface water quality standards and removal of
best usage of waters are violations of the following North Carolina General Statutes and Administrative Code.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE ORe
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
one:828-296-45001 FAX:[phone] Customer Service:1-877-623-6748 Naturally
����u'/N�j j
iemet: www,ncwaterquality.org N�/
An Equal Opportunity 1 Affirmative Action Employer

Mr.J.J. Swain, Jr.,P.E.
November 17, 2010
Page 2
• NC General Statute 143-215.1 (a)(1)prohibits the discharge of pollutants to waters of the State without a
permit.
NCDOT did not have a permit on November 4, 2010 for discharge of wastewater from the spraying of
concrete on culverts carrying Wesley Creek at NCSR 3562.
r 15A NCAC 2B .0211 (2)-Removal of Best Usage: aquatic life propagation and maintenance of biological
integrity(including fishing and fish), wildlife,primary recreation, agricultural and any other usage except as a
source of water supply for drinking, culinary or food processing purposes.
The discharge of pollutants(concrete)to Wesley Creek rendered the stream unsuitable for fish to survive.
• 15A NCAC 213.0211 (3)—Quality standards applicable to all fresh surface waters: pH shall be normal for the
waters in the area,which generally shall range between 6.0 and 9.0 except that swamp waters may have a pH
as low as 4.3 if it is the result of natural conditions.
Measurements of pH in Wesley Creek were taken by NCDWQ staff on November 4,2010. The pH
upstream of the culverts was measured at 6.98 at 1700 hrs, and the pH downstream of culverts(approximately
600 feet)was measured at 9.52 at 1645 hrs. This downstream pH measurement is a violation of the Water
Quality Standard for pH in excess of the upper limit of 9.0.
This office requires that the violations,as detailed above, be abated immediately. Please provide a written response
within fourteen(14)calendar days upon receipt of this letter detailing corrective measures taken or to be taken to prevent
rom work associated with culvert repairs. These violations and any future violations are
future similar discharges f
subject to civil penalty assessment of up to$25,000.00 per day for each violation.
Thank you for your attention to this matter. If you have any questions,please contact Mr.Mike Parker at 828-296-
4500.
Sincerely,
Wit . /�
Roger Edwards,Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Garry Moore, Division 13 Bridge Program Manager
Roger Bryan, Division 13 Environmental Officer
Lori Beckwith, US Army Corps of Engineers, Asheville Field Office
Chris Militscher, US Environmental Protection Agency
John Hennessy,NPS Assistance and Compliance Oversight Unit
Brian Wrenn, Transportation Permitting Unit
Mike Parker, ARO
NCDOT NOV for Discharge of Concrete to Wesley Creek

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 17, 2010
Mr. Joey Cupp, Environmental Manager
Pilot Travel Centers LLC
P. O. Box 10146
Knoxville, Tennessee 37939-0146
Subject: NOTICE OF VIOLATION
NOV-2010-MV-0162
Permit No. NCO086053
Pilot Travel Center#393 WWTP
Haywood County
Dear Mr. Cupp:
A review of Pilot Travel Center#393 WWTP's monitoring report for June 2010 showed the
following violation:
Parameter Date Measuring Frequency Violation
Flow 06/30/2010 Continuous Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameterwas 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. E wards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Environmental Inc./ORC
S:\SWP\Haywood\Wastewater\Minors\Piiot Travel Center 86053\NOV-2010-MV-0162.doc NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 1-877-623-6748

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 17, 2010
Mr. Jon H. Laughter,P.E .
Laughter, Austin and Associates,PA
131 Fourth Avenue East
Hendersonville,North Carolina 28792
Subject: Fast-Track Application Return
Shano Commons Sewer Main Extension Project
City of Hendersonville
Henderson County
Dear Mr. Laughter:
Attached herewith is the Fast-Track Sewer Application which you submitted seeking
permission to replace an existing sewer to serve the Shano Commons Sewer Main Extension
project. The application is being returned for the following reason(s):
(1) ONLY the Original Application was included in the package. Please note part A of the
application which states ...' Submit one original and one copy of the completed and
appropriately executed application form.'
(2) Part `J', section `C' of Application requires certifying Engineer to "Seal and sign"the
application. The application is considered"incomplete' without this.
I look forward to receiving a completed application. Should you have questions or need
additional information, please contact me at 828/296-4500.
Sincerely,
Donald R. Price, CET
WWTP Consultant
Cc: Lee Smith, Utilities Director, City of Hendersonville
S\S«P\tlendeCSOn\Collection Svst mMendersomille CS41pplication Return Shano Commons Sewer Main Extension nroiect.doc
' SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna
Phone:[phone]M FAX:[phone] Customer Service:1-877-623-6748 y��{J�
Internet: www.ncwaterquality.org Natmt "
An Equal Opportunity,.Affirmative Action Employer

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 17, 2010
Ms. Kally Dotson, Administrator
White Oak Manor
188 Oscar Justice Road
Rutherfordton, North Carolina 28139
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0414
Permit No. NCO030139
White Oak Manor- Rutherfordton WWTP
Rutherford County
Dear Ms. Dotson:
A review of White Oak Manor- Rutherfordton's WWTP monitoring report for July 2010 showed the
following violation:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 07/06/2010 400#/100ml 6,000#/100mt Daily Maximum
Broth,44.5C Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted: however, should you have additional information
concerning the violations or comments which you wish to present, please submit them to the attention of Janet
Cantwell
The Division of Water Quality may pursue enforcement action for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at
828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Water Quality Lab & Operations/ORC
S:\SWP\Rutherford\Wastew+ater\MiriorsiWhite Oak Manor 30139\NOV-2010-LV-0414.doc NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 1-877-623-6748

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 17, 2010
Ms. Kally Dotson, Administrator
White Oak Manor
188 Oscar Justice Road
Rutherfordton, North Carolina 28139
Subject: NOTICE OF VIOLATION
NOV-2010-MV-0167
Permit No. NCO030139
White Oak Manor- Rutherfordton WWTP
Rutherford County
Dear Ms. Dotson:
A review of White Oak Manor- Rutherfordton's WWTP monitoring report for June 2010 showed the
following violations:
_ Parameter Date Measuring Violation
Frequency
Temperature Week ending 06/05/2010 Weekly Failure to Monitor
pH Week ending 06/05/2010 Weekly Failure to Monitor
Total Residual Chlorine Week ending 06/05/2010 Twice Weekly Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameters were left off inadvertently, please send an amended DMR within 10 business days of
recei t of this letter 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
Water Quality Lab & Operations/ORC
S:ISWPIRutherfordVNastewaterlMinors\VVhite Oak Manor 301391NOV-2010-MV-0167.doc No thCarotina
Natumllry
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.newate[guality.org FAX [phone] 1-877-623-6748

i
WDE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
November 18, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 1970
Ms. Rebecca Schultz
I T & K Enterprises
3365 Sugar Hill Road
Marion,North Carolina 28752
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO086428
I T &K Enterprises
Marion Travel Plaza WWTP
Case No. LM-2010-0047
McDowell County
Dear Ms. Schultz:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$167.00
($100.00 civil penalty+ $67.00 enforcement costs) against I T &K Enterprises.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by I T&K Enterprises for the month of June 2010. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0086428. The violations which occurred in
June 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that I T& K Enterprises violated the
terms, conditions or requirements of NPDES Permit NCO086428 and G.S. 143-215.l(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards,Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against I T & K Enterprises:
NorthCarolina
Natnally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.org

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0086428, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Cone.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0086428, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for TSS - Conc.
$.00 0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
NC0086428 for failure to monitor Flow continuously.
$100.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$167.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 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 §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,
TC. 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
KACE Environmental/ ORC w/attachments
5:',Sl•1"P1A-ic!?incetl'•;1<stet=lti,r\ivluuns„�Iarxrn`ProveI Plaza8ti 'S`•;1.1,1-3UIt)-00-1'.cliic

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LM-2010-0047 County: McDowell
Assessed Party: IT & K Enterprises/Marion Travel Plaza
Permit No.: NCO086428 Amount Assessed: $167.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
_ (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:
, i

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
I T&K ENTERPRISES/ MARION )
TRAVEL PLAZA )
PERMIT NO. NCO086428 ) FILE NO. LM-2010-0047
Having been assessed civil penalties totaling $167.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 18, 2010, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30)days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 18, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 2014
Mr. Joey Cupp
Pilot Travel Centers LLC
P. O. Box 10146
Knoxville, Tennessee 37939-0146 Subject: NOTICE OF VIOLATION /
NOTICE OF INTENT ENFORCE
NOV-2010-PC-1151
Permit No. NCO086053
Pilot Travel Center#393 WWTP
Haywood County
Dear Mr. Cupp:
A review of Pilot Travel Center #393's WWTP discharge monitoring reports (DMRs) beginning with
March 2009 through July 2010 showed the following violations:
Compliance Issue:
Failure to submit completed Discharge Monitoring Reports:
"Arrival Time," "Time on Site" and "ORC on Site" boxes are blank. The ORC line is blank and
there is no date next to the ORC signature on some of the DMRs.
Amended DMRs, with the required information, beginning with March 2009 through the present,
should be submitted (within 10 (ten) days of receipt of this letter) to Raleigh at the address found on the
front page of your DMR. Please write"Amended for," listing the columns left off the DMR, on the top
page of each DMR with a cover letter.
These violations and any future violations are subject to a civil penalty assessment for each
violation as allowed by NCGS 143-215.6A(a)(2).
This Office requests that you respond in writing within 10 (ten) days of receipt of this Notice. In this
response, you should address the causes of noncompliance and all actions taken to prevent the
recurrence of similar situations. Your response should be sent to the attention of Roger Edwards,
Supervisor, Division of Water Quality, 2090 US HWY 70, Swannanoa, NC 28778-8211.
If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-
4500.
Sincerely,
d K 1 Roger C �dL rds,�Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Environmental Inc./ORC
S:\SWP\Haywood\Wastewater\Minors\Pilot Travel Center 86053\NOV-2010-PC-1151.doc NorthCarolina
JVaturally
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

hl UM
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
November 18, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 1987
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
Case No. LV-2010-0374
Henderson County
Dear Mr. Benson:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,342.00 ($1,275.00 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 June 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
June 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Benson Apartments violated the
terms, conditions or requirements of NPDES Permit NCO066362 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards,Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Benson Apartments:
NorthCarolina
Naturally
SURFACE WATER PROTECTION-ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.org

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0066362, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD - Conc.
0 of the 1 violations of G.S. 143-215,1(a)(6) and NPDES Permit No.
$.00 NC0066362, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Conc.
$375.00 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
NC0066362, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for Nitrogen
Ammonia.
$150.00 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
NC0066362, by discharging waste water into the waters of the State
in violation of the Permit Daily Max limit for BOD.
2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$300.00 NC0066362, by discharging waste water into the waters of the State
in violation of the Permit Daily Max limit for Fecal coliform.
$150.00 1 of the 3 violations of G.S. 143-215.l(a)(6) and NPDES Permit No.
NC0066362, by discharging waste water into the waters of the State
in violation of the Permit Daily Max limit for Nitrogen Ammonia.
$300.00 2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
NC0066362, by discharging waste water into the waters of the State
in violation of the Permit Daily Max limit for TSS.
$1,275.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$1,342.00 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,
D
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/ attachments
James & James Environmental/ORC w/attachments
4:`,ti1'l':Hendegt>n1lhaStu�c2tc \h >r 'aiciivrnlApanmenis66362,L _oI0-037.4.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2010-0374 County: Henderson
Assessed Party: Benson Apartments
Permit No.: NCO066362 Amount Assessed: $1,342.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF 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-2010-0374
Having been assessed civil penalties totaling $1,342.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 18, 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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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
November 18, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 75156 1994
Mr.Tim Doane
TA Operating LLC
P.O. Box 451100
Cleveland, Ohio 44145
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215,1(a)(6)
and NPDES Permit NCO085952
TA Operating LLC
Candler Travel Center WWTP
Case No. LV-2010-0363
Buncombe County
Dear Mr. Doane:
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 TA Operating LLC.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by TA Operating LLC 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 NC0085952. 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 TA Operating LLC violated the
terms, conditions or requirements of NPDES Permit NCO085952 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against TA Operating LLC:
NorthCarohna
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone:[phone]\FAX: [phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterouality.org
Y,

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0085952, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for NH3-N- Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NCO0859529 by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0085952, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N- Conc.
4 of the 4 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$400.00 NC0085952, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD - Conc.
$1,000.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$1,067.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 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 l_:
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 §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,
Z "
Rogerfo,z�j-
r 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
IS:'6W1'`13[inconibe"AV&;tn vater'M i n ors\Cal Id ler TjaveI Centel 85952!L..:V-2010 0.36 ,doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2010-0363 County: Buncombe
Assessed Party: TA Travel/ Candler Travel Center
Permit No: NC0085952 Amount Assessed: $1,067.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE.OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TA TRAVEL/CANDLER TRAVEL CENTER )
PERMIT NO. NCO085952 ) FILE NO. LV-2010-0363
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 November 18, 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
November 18, 2010
Mr. Steve Sheets, COO
Linville Ridge Country Club
P.O. Box 704
Linville, North Carolina 28646
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0417
Permit No. NCO062413
Linville Ridge Country Club WWTP
Avery County
Dear Mr. Sheets:
A review of Linville Ridge Country Club WWTP's monitoring report for June 2010 showed the
following violation:
Parameter Date Limit Value Reported Value Limit Type
Flow, in conduit or 06/30/2010 0.015 mgd 0.021 mgd Monthly Average
thru treatment plant Exceeded
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance.
Please respond in writing within 15 days of receipt of this letter explaining the circumstances which
created a 38.22 % increase in the permitted flow of 0.015 mgd for the month of June 2010.
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,
rrr Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Water Quality Lab & Operations/ORC
One
S:\SWP\FAverylWastewaterlMinors\Linville Ridge County Club 62413\NOV-2010-LV-0417.doc NorrhCarolina
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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.ncwaterguality.org FAX [phone] 1-877-623-6748

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 19, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 2007
Mr. Rick Spurling, Assistant Superintendent
Mitchell County Board of Education
72 Ledger School Road
Bakersville,North Carolina 28705
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 NCO066729
Mitchell County Board of Education
Tipton Hill Elementary School WWTP
Case No. LV-2010-0377
Mitchell County
Dear Mr. Spurling:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$517.00
($450.00 civil penalty+ $67.00 enforcement costs) against Mitchell County Board of Education.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by Mitchell County Board of Education for the month of June
2010. This review has shown the subject facility to be in violation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NC0066729. The violations which
occurred in June 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Mitchell County Board of Education
violated the terms, conditions or requirements of NPDES Permit NCO066729 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 Mitchell County Board of Education:
ne
NorthCarolina
Natirallty
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.org

2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$200.00 NC0066729, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLL
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0066729, by discharging waste water into the waters of the State
in violation of the Permit Monthly Geometric Mean limit for FEC
COLI.
$450.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$517.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
2 82.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally; i
(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 §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.
Sincerer, _
Roger C. Edw ds, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/ attachments
S:`,SiVT' Rtitchcll��%astcaater'.L[iorsV'l ipum dill 6O72(P,1.,V-^01()-0.377.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2010-0377 County: Mitchell
Assessed Party: Mitchell County Board of Education/Tipton Hill Elementary
Permit No.: NC0066729 Amount Assessed: $517.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
_ (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
_ (b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
_ (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF MITCHELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
MITCHELL COUNTY BOARD OF EDUCATION)
TIPTON HILL ELEMENTARY)
PERMIT NO. NCO066729 ) FILE NO. LV-2010-0377
Having been assessed civil penalties totaling $517.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 19, 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
November 19,2010
Cherokee County
TIP No.R-3622-AB
DWQ Project 20080762V.2
NC Highway 294
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 an unnamed tributary
to Persimmon Creek, an unnamed tributary to Cherokee Lake and filling and clearing of 0.09 acres of Palustrine Emergent
etlands adjacent to NC 294 for the purpose of widening and realignment for safety improvements to NC Highway 294 in
ierokee County:
Stream Impacts in the Hiwassee 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 2 0 0 32 100 132 0
Site 3 0 0 30 100 130 0
Site 4 0 0 10 100 110 0
Total 0 1 0 1 72 300 1 372 0
Total Permanent Stream Impacts for Project: 72 lin.ft.Total Temporary Stream Impacts for Project: 300 linear ft.
Wetland Impacts in the Hiwassee River Basin(Non-Riverine)
Site Fill Fill Excavation Mechanized Hand Area Total Wetland
(ac) (temporary) (ac) Clearing Clearing under Impact(ac)
(ac) (ac) (ac) Bridge
(ac)
Site 1 <0.01 0.0 0.0 0.07 0.0 0.0 0.08
Site 2 0.00 0.0 0.0 <0.01 0.0 0.0 <0.01
Total <0.01 0.0 0.0 0.08 0.0 0.0 0.09
''otal Wetland Impact for Project: 0.09 acres.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollna
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 V�'}���N�//�
Internet: www.ncwaterquality.org �/ ` t`
An Equal Opportunity 1 Affirmative Action Employer

Mr. J. B. Setzer, P.E.
November 19,2010
Page Two
The project should be constructed in accordance with your application dated November 2, 2010 (received November 10,
2010), including the environmental commitments made in the application letter. After reviewing your application, we
have decided that these impacts are covered by General Water Quality Certification No. 3820, corresponding to the U.S.
Army Corps of Engineers Nationwide Permit Number 14. In addition,you should acquire any other federal, state or local
permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge
and Water Supply Watershed regulations.
This approval is valid solely for the purpose and design described in your application (unless modified below). Should
your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must
be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If
total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the
future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h)(6) and
(7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below.
Condition(s)of Certification:
1. 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. Where 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

Mr. J. B. Setzer,P.E.
November 19, 2010
ige Three
structures including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures.
The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by
NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during
construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit
modification will be required.
6. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream
channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water
velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage.
7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the
most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion structures shall be used to prevent excavation in flowing water.
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 culverts, 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.
i 1. 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. 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.
.;L. 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

Mr. J. B. Setzer,P.E.
November 19, 2010
Page Four
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. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In additions,the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on-site project manager.
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.
26. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all
work included in the §401 Certification has been completed.
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,
oleen 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
20080762V.2(Setzer)NC Highway 294 Widening and Realignment

RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
November 19, 2010
Lathe Brogden
Pleasant View Subdivision
10 Melody Lane
Horse Shoe,NC 28739
Subject: Notice of Violation and Recommendation for Enforcement
NOV-2010-PC-0913
Incident Closure
Henderson County
Dear Mr. Brogden:
I conducted a site visit on November 5, 2010 to inspect the results of the sediment removal efforts
you undertook. The results observed at the site have satisfactorily resolved the violations noted in
the subject Notice of Violation and Recommendation for Enforcement.
Thank you for your cooperation in this matter. Should you have any questions regarding this issue
or other water quality items, please contact me at [phone] or chuck.cranfordAncdenr.gov.
Sincerely, f gip'
Chuck Cranford
Environmental Specialist
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
S:\SWP\Henderson\Complaints\Pleasant View\CLO.11.18.10.doe
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748
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
November 19, 2010
Mr. Robert C. Schwebke
RCS Properties
4501 Tynecastle Highway-Box 7
Banner Elk, North Carolina 28604
Subject: NOTICE OF VIOLATION
NOV-2010-MV-0170
Permit No. NCO062961
Tynecastle WWTP
Avery County
Dear Mr. Schwebke:
A review of Tynecastle WWTP's monitoring report for June 2010 showed the following violation:
Parameter Date Measuring Violation
Frequency
Total Suspended Residue Week ending 06/05/2010 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 within 10 business days of receipt
of this letter 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,
hv.Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
-�� DWQ Central Files
Water Quality Lab & Operations/ ORC
3.1SW PiAverylt�VastewaterltJi iriorsl,y iiec;�astie 62 J611NC?V-2010-MV-0170.cioc NoAhCarolina
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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KbENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 19, 2010
Mr. Robert A. Nass
Skyline Lodge &Village
P.O .Box 244
Deland, Florida 32721-0529
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0419
Permit No. NCO036692
Skyline Lodge &Village WWTP
Macon County
Dear Mr. Nass:
A review of Skyline Lodge &Village 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) - 05/04/10 45 mg/I 46 mg/I Daily Maximum
Concentration Exceeded
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant" with an explanation for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
i. t`r•
e
°`-Roger C. Edwards, Regional Supervisor
Y Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Environmental Inc./ORC
One
S:1SWPtMaconlWastewater\Minors\Skyline Lodge 366921NOV-2010-LV-0419.doc NorthCarolina
Natwmily
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 ho e(828)299-7043 1 877-62 Service
Internet: www.ncwaterguality.org

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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
November 19, 2010
Lathe Brogden
Pleasant View Subdivision
10 Melody Lane
Horse Shoe,NC 28739
Subject: Notice of Violation and Recommendation for Enforcement
NOV-2010-PC-0913
Incident Closure
Henderson County
Dear Mr. Brogden:
I conducted a site visit on November 5, 2010 to inspect the results of the sediment removal efforts
you undertook. The results observed at the site have satisfactorily resolved the violations noted in
the subject Notice of Violation and Recommendation for Enforcement.
Thank you for your cooperation in this matter. Should you have any questions regarding this issue
or other water quality items, please contact me at [phone] or chuck.cranfordgncdenr.gov.
Sincerely
Chuck Cranford
Environmental Specialist
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
S:\SWP\Henderson\Complaints\Pleasant View\CLO.11.18.10.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S,Highway 70,Swannanoa,North Carolina 28778 No hCar oli la
Phone:[phone]\FAX:[phone] Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org ahi al/y An Equal Opportunity\Affirmative Action Employer

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
November 19, 2010
Randy Jameson,Vice President
Ingles Market#179 of Hendersonville,NC
P.O. Box 6676
Asheville,NC 28816
SUBJECT: Notice of Violation Response and Sediment Removal Plan Approval
Ingles Market#179 of Hendersonville,NC
NOV-2010-PC-1039
Henderson County
Dear Mr. Jameson:
The Division of Water Quality received correspondence from Land Planning Associates, Inc. on
October 28, 2010, in response to the NOV noted above. The proposal includes the removal of
sediment from an unnamed tributary to Wolf Pen Creek.
The remedial actions presented in the response have been found satisfactory and are approved.
Activities involved in this approved plan, as well as submittal of the final report, are to be
completed within thirty(30) days of this approval letter. Please provide notification when the
work has been scheduled.
Contact me if you have any questions.
Sincerely,
Chuck Cranford
Environmental Specialist
Surface Water Protection
cc: ARO File Copy
Tim Fox—Henderson County
John D. Cox - Land Planning Associates, Inc.
110 West 1 st Avenue, Suite A
Easley, SC 29640
S:\SWP\Henderson\Stormwater\NCG01 Construction\Ingles_64E\APRVL.11.18.10.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 Internet: www.ncwaterquality.org �aturallry
An Equal Opportunity\Affirmative Action Employer

1
RCDENR"
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
November 19, 2010
Arthur J. Kepes, Executive Vice President
Marion Retail Inv. LLC
1415 Stuart Engals Boulevard
Mount Plesant, South Carolina 29646
Subject: Notice of Violation and Recommendation for Enforcement
Grandview Station/Marion Super Wa1Mart
Incident Closure
McDowell County
Dear Mr. Kepes:
The Division of Water Quality(DWQ)performed a sediment clean-up inspection on November 18,
2010 at the Grandview Station development project. The efforts taken on-site resolve the stream
standard violation identified during the site inspection performed on September 28, 2010.
This letter in no way precludes this Office for taking action on this or any other violation.
Violations are subject to civil penalty assessment of up to $25,000.00 per day for each
violation. Should you have any questions regarding these matters, please contact Kevin Barnett at
[phone].
Sinc % 1
IF
evin Barnett,
Environmental Specialist
Surface Water Protection Section
cc: Mr. Garner, S&ME (Electronic Copy)
Rebecca Farver, EPA Region IV (Electronic Copy)
ARO File Copy
SS:\SWP\McDowell\401s\Non-DOT\MarionWalMartSuperCenter\NOV Closure.1 1-19-2010.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org aturally
An Equal Opportunity 1 Affirmative Action Employer

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves perdue Director Dee Freeman
Governor Secretary
November 19, 2010
Roger and Donna Turner
661 Crow Woods Drive
Bostic,NC 28018
Subject: Notice of Violation and Recommendation for Enforcement
NOV-2010-SS-0029
Incident Closure
Rutherford County
Dear Mr. and Mrs. Turner:
As you know, I conducted a site visit on November 9, 2010 to inspect the results of the sediment
removal efforts you undertook. The results observed at the site have satisfactorily resolved the
violations noted in the subject Notice of Violation and Recommendation for Enforcement.
Thank you for your cooperation in this matter. Should you have any questions regarding this issue
or other water quality items,please contact me at(828) 296-4664 or chuck.cranfordnncdenr.gov.
Sincerely,
'f
Chuck Cradord
Environmental Specialist
Surface Water Protection Section
cc: ARO File Copy
S:\SWP\Rutherford\Complaints\Turner Chicken Farm\CLO.11.18.10.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 Internet: www.ncwaterquality.org Natoy+u//` `iff
An Equal Opportunity 1 Affirmative Action Employer

PIMA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
.Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
November 19, 2010
Geoffrey And Dorothy Kinsey
5439 Turnpike Rd
Horse Shoe,NC 28742
Subject: Notice of Violation and Recommendation for Enforcement
NOV-2010-OP-0028
Incident Closure
Henderson County
Dear Mr. and Mrs. Kinsey:
I conducted a site visit on November 5, 2010 to inspect the results of the efforts you undertook to
remove the fill material of a dam you constructed. The results observed at the site have
satisfactorily resolved the violations noted in the subject Notice of Violation and Recommendation
for Enforcement.
Thank you for your cooperation in this matter. Should you have any questions regarding this issue
or other water quality items,please contact me at(828) 296-4664 or chuck.cranfordkncdenr.gov.
Sincerely,
v
Chuck Cranford
Environmental Specialist
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
S:\S WP\Henderson\Complaints\KinseyPond\CLO.11.18.10.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NofthCarohna
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 / I,
Internet: www.ncwaterquality.org ; �}aturallJL1
An Equal Opportunity\Affirmative Action Employer

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474 ,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 19, 2010
Mr. Gregory A. Ward
Trillium Links &Village LLC
P.O. Box 2644
Cashiers, North Carolina 28717
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0420
Permit No. NCO059200
Trillium Links &Village LLC WWTP
Jackson County
Dear Mr. Ward:
A review of Trillium Links &Village LLC's monitoring report for June 2010 showed the following
violations:
Parameter Date Limit Value Reported Value Limit Type
BOD, 5-Day (20 Deg. C) - 06/03/10 7.5 mg/I 8.5 mg/I Daily Maximum
Concentration Exceeded
-' BOD, 5-Day(20 Deg. C) - 06/08/10 7.5 mg/I 8 mg/I Daily Maximum
Concentration I I 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.
The"Monthly Limit" column at the bottom of the June 2010 DMR has BOD listed as"10mg/I monthly
and 15mg/I"daily. Your NPDES Permit states: BOD limits for 4/1 thru 10/31 are 5.0mg/I monthly and 7.5mg/I
daily, and 11/1 thru 3/31 are 10mg/I monthly and 15mg/I daily. Please make the appropriate corrections 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
RPB Systems/ORC
S:\SWP\,lacksonlWastewaterlMinors\Trillium Links&Village 59200\NOV-2010-LV-0420.eloc IVcorthCarolina
Adura!!y
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 1-877-623-6748

Ali
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
November 19, 2010
Mr.Don Mason
Harrison Construction Co. Division of APAC/Waynesville Quarry
P.O. Box 449
Franklin,NC 28744
Subject: Notice of Violation and Recommendation for Enforcement
NOV-2010-PC-0832
Incident Closure
Haywood County
Dear Mr. Mason:
The Division of Water Quality(DWQ) reviewed the information you submitted in response to the
July 8, 2010 NOV and conducted a follow-up site visit October 28, 2010, related to the Notice of
Violation and Recommendation for Enforcement NOV-2010-PC-0832.
Harrison's written response and the results observed at the site have satisfactorily resolved the
violations noted in the subject Notice of Violation and Recommendation for Enforcement. This
letter also serves to release Harrison Construction from the monthly analytical monitoring
requirement(that was required via Table I of the NOV). The Division appreciates Harrison's
efforts to address the issues noted in the NOV in such a timely fashion.
This letter in no way precludes this Office for taking action on this or any other violation.
Violations are subject to civil penalty assessment of up to $25,000.00 per day for each
violation. Should you have any questions regarding these matters, please contact Susan A. Wilson
at [phone].
Sincerely,
Roger C. Edwards,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: Central Files
DLR/ARO
Ken Pickle, DWQ/SWPU (e-copy)
Susan Massengale,DWQ/PIO (e-copy)
ARO File Copy
S:\SWP\Haywood\Stormwater\NCG02 Mining\HarrisonQuanyNCG020248\NOV Closure Harrison Quarry 11 2010.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarolina.
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 a ���C�y��//�
Internet: www.ncwaterquality.org v�/ ` L "
An Equal Opportunity\Affirmative Action Employer

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HCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 22,2010
Mr. J.J. Swain,Jr.,P.E.
Division 13 Engineer
N.C.Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspection-US Highway 221
DWQ Project 08-1809
Individual Certification No.3784
TIP Nos.R-2233A
Rutherford County
Dear Mr. Swain:
On November 8, 2010, 1 inspected the construction work on the US Highway 221Project in Rutherford
County. Construction continues along most of the project with grading, culvert construction and work on the
new Broad River Bridge.
Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are
performed as required to protect State surface waters. Also,please refer to the attached inspection report for
any specific items noted during the inspection.
If you have questions,please call me at 828-296-4500.
Sincerely,
W�
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Brian C. Skeens,PE
Roger Bryan, Division 13,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
US Highway 221 November 2010 Inspection Letter
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Customer Service:1-877-623-6748 NofthCarollna
Internet:www.ncwaterouality.org Naturiall J
An Equal Opportunity 1 Affirmative Action Employer i �J//

DWO Site Visits for DOT Proiects
Field Sheet
DWQ representative:f Michael R.Parker —� Date: November 8,2010
County: Buncombe Region: Asheville —�
DOT Division: Division 13
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 20081809 = NW Permit#. IP#: 1 3784
Project Name: TIP No.R-2233A
Location of Project: The project is located on US Highway 221 approximately 3 miles south of the
intersection of US Highway 74 and US Highway 221 in Rutherford County.
Project Complete: ❑Yes X No If no,estimated date of completion:
Activities(DOT): Water Quality Concerns(DWO):
X❑ Bridge ❑ Steam Standards Violation
X❑ Culvert X❑ Turbidity
❑Bottomless Culvert ❑Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E& S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration ❑Fill
❑ On-site Stream Relocation ❑ Buffer Impacts(see below)
❑Buffer Restoration ❑ Other
X❑Bank Stabilization_
X❑ Other Fill
Additional Wetland Impacts: ❑yes ❑no Estimated Acres
❑ Zone 1 Est Acres I ❑Zone 2 Est Acres
Additional Stream Impacts: ❑yes X❑ no Est Linear feet —�
Estimated linear feet of impact:
Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman []Catawba
Zone 1: ❑Yes [:]No Est linear ft/acreage of buffer impact ft/ ac
Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation❑Prohibited

DWO Site Visits for DOT Proiects
Background Info
Name of Waterway(s): Broad River,Floyds Creek
Basin/Subbasin: BRD 030802
Wetland Type: ❑Isolated ❑Non-Isolated(Waters of US)
Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB
X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW
❑HQW ❑WS-I ❑WS-IV ❑SA MCA
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization ❑Fill
Authorized Wetland Impacts: X❑0 1/10t'acre ❑1/11t'to 1/3`d acre
0.02 acres ❑1/3`d to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet
2,686 linear feet
Construction is underway on most of the project. Construction is continuing for culverts and at the new Broad
River Bridge.
Construction waste such as steel and wood should be removed from the island at the new Broad River Bridge.
Upstream of the culvert at Site 9,near Station 260+00,the graded area needs to be seeded and matted and
sediment should be removed from the stream downstream of the same culvert. The sediment should be removed
by hand and not by mechanical equipment.
All other areas of the project appeared to be in good condition.
Continue to maintain erosion control devices and continue with seeding and mulching as required.
R2233A Inspection Report November 2010

NCDE IR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 22,2010
Swain County
TIP No.R-5118
DWQ Project 20100943
NCSR 1323 (Slope Street)
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 Bryson Branch for the
purpose of widening, installing curb and gutter and sidewalk along NCSR 1323 (Slope Street)in Swain County:
Stream Im acts in the Little Tennessee River Basin
Site Streambank Temporary Permanent Temporary Total Stream
Stabilization in Impacts in Fill in Impacts in Stream Impacts
Perennial Intermittent Perennial Perennial Impact Requiring
Stream Stream Stream Stream (linear ft) Mitigation
(linear ft) linear ft linear ft) linear ft linear ft
Site 1 0 0 12 100 112 0
Site 2 10 10 10 0 10 0
Total 10 0 12 100 122 0
Total Permanent Stream Impacts for Project: 22 lin.ft.Total Temporary Stream Impacts for Project: 100 linear ft.
The project should be constructed in accordance with your application dated November 2, 2010(received November 12,
2010), including the environmental commitments made in the application letter. After reviewing your application, we
have decided that these impacts are covered by General Water Quality Certification No. 3820, corresponding to the U.S.
Army Corps of Engineers Nationwide Permit Number 14. In addition,you should acquire any other federal, state or local
permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge
and Water Supply Watershed regulations.
This approval is valid solely for the purpose and design described in your application(unless modified below). Should
your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must
be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If
total wetland fills for this project(now or in the future)exceed one acre,or if total impacts to streams(now or in the
future)exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h)(6)and
(7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional
`auditions listed below.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollna
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 //
Internet: www.ncwaterquality.org �atura!!y
An Equal Opportunity\Affirmative Action Employer

Mr.J.B. Setzer,P.E.
November 22,2010
Page Two
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. Where 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. 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 be
temporary and be revegetated with native riparian species. -
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.

Mr.J.B. Setzer,P.E.
_.,November 22, 2010
,Wage Three
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. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
19. 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.
20. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization
shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the
fencing are prohibited unless otherwise authorized by this certification.
21. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on-site project manager.
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.B. Setzer,P.E.
November 22,2010
Page Four
i
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,
feX 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
100943(Setter)NCSR 1323 R-5118

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 22,2010
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 November 4, 2010, I inspected the construction work on Upward Road between US Highway 176 and
Howard Gap Road in Henderson County. Construction work continues at various places along Upward Road
and work on the culvert near US Highway 176 is progressing.
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 November 2010
SURFACE WATER PROTECTION SECTION Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] TAT e 1
Customer Service:1-877-623-6748 1�One
Internet:www.ncwaterguality.orq
An Equal Opportunity 1 Affirmative Action Employer Nahmaliff

DWO Site Visits for DOT Proiects
Field Sheet
DWQ representative: Michael R.Parker Date: November 4,2010
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 1P#:
Project Name: Upward Road Widening Project R-4430
Location of Project: Upward Road(NCSR 1783)between US Highway 176 and Howard Gap Road
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities(DOT): Water Ouality Concerns(DWO):
X❑Bridge ❑ Steam Standards Violation
X❑ Culvert X❑Turbidity
❑ Bottomless Culvert ❑ Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
X❑Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E& S control measures
❑Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration X❑Fill
❑ On-site Stream Relocation ❑Buffer Impacts (see below)
❑ Buffer Restoration ❑ Other
X❑Bank Stabilization
❑ Other
Additional Wetland Impacts: ❑yes X❑no Estimated Acres
❑Zone 1 Est Acres 1 _7 ❑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): Bat Fork Creek and tributaries,tributary to Dunn Creek and tributaries
to King Creek
Basin/Subbasin: French Broad 040302
Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US)
Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB
X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW
❑HQW ❑WS-I ❑WS-IV ❑SA ❑CA
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: X❑0— 1/1 Oth acre ❑1/11t'to UP 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 work on the culvert is progressing on culvert near US 176.
The stormwater control pond appears to be complete.
Upward Road R-4430 Inspection November 2010

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
arly Eaves Perdue Coleen H. Sullins Dee Freeman
,overnor Director Secretary
November 22, 2010
Mr.J. B. Setzer, P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection
US Highway 25
DWQ Project08-1754
TIP No.R-505
Henderson County
Dear Mr. Setzer:
On November 4, 2010, I inspected the construction work on US Highway 25 between Interstate 26 and NC
Highway 225 in Henderson County. Most all of the work is taking place at the south end of the project.
Review of the sediment and erosion control program found that the program appeared to be in good shape.
Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are
performed as needed to protect downstream waters. Please refer to the attached copy of the inspection report
for additional comments regarding the inspection.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: Aaron Powell
Mark Davis,Division 14,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
US 25 Inspection Letter November 2010
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One 1 1
Customer Service:1-877-623-6748 NofthCaxollna
Internet:www.ncwaterauality.org
An Equal Opportunity 1 Affirmative Action Employer Naturally

/�_.
\�i.
1
_.___

DWO Site Visits for DOT Projects
Field Sheet
DWQ representative: Michael R.Parker Date: November 4,2010�
County: Henderson Region: I Asheville
DOT Division: Division 14 —�
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑Other
DWQ 401 #: 08-1754 NW Permit#: IP#:
Project Name: U S Highway 25-I-26 Connector R-505
Location of Project: US Highway 25 from NC 225 near Zirconia to Interstate 26 in Henderson County
Project Complete: ❑Yes X No If no,estimated date of completion:
Activities(DOT): Water Ouality Concerns(DWO):
❑Bridge ❑ Steam Standards Violation
X❑ Culvert X❑ Turbidity
❑Bottomless Culvert ❑Evidence of spills
❑Bottomless Arch ❑Oil/Petroleum
X❑Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E& S control measures
❑Borrow Pit X❑ Sedimentation Impacts
❑Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration X❑Fill
❑ On-site Stream Relocation ❑Buffer Impacts(see below)
❑Buffer Restoration ❑Other
X❑Bank Stabilization
❑ Other
Additional Wetland Impacts: ❑yes X❑ no Estimated Acres
❑Zone 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 W acreage of buffer impact ft/ ac
Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation❑Prohibited

DWO Site Visits for DOT Proiects
Background Info
Name of Waterway(s): Laurel Creek,Green River,Bat Fork,King Creek,Freeman Creek,
Lake Summit,Hill Branch,Jones Branch,Mill Creek,Laurel Branch,
Jones Creek
Basin/Subbasin: Broad 030501
Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US)
Stream Class: []Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB
X❑Class C ❑ORW X❑Trout ❑WS-III ❑NSW
X❑HQW ❑WS-I ❑WS-IV ❑SA ❑CA
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: X❑0— 1/10''acre ❑1/1 Ith to 1/3rd acre
❑1/3rdto 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet 1,346 linear feet
Additional comments:
Most all of the construction is on the south end of the project. It appears that all major grading has been
completed.
Maintain all sediment and erosion control devices. Please continue with seeding and matting as required to
protect State surface waters.
US Highway 25 Inspection November 2010

A LF."A
f"A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
;verly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 22,2010
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 November 10,2010,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. The erosion and sedimentation
control structures,vegetative covering, and matting appear to be working properly.
Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and
mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached
to this letter.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: 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 November 2010
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One Customer Service:1-877-623-6748 NOrthCarohna
Internet:www.ncwatercivality.org Naturally
N
An Equal Opportunity 1 Affirmative Action Employer

DWO Site Visits for DOT Protects
Field Sheet
DWQ representative: Michael R.Parker Date: November 10,2010
County: Clay Region: Asheville
DOT Division: Division 14 --�
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 08-0396 NW Permit#: IP#:
Project Name: U S Highway 64 Widening A-0011 BB
Location of Project: US 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 Ouality Concerns (DWO):
❑ Bridge ❑ Steam Standards Violation
X❑ Culvert X❑ Turbidity
❑Bottomless Culvert ❑Evidence of spills
❑Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E& S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration X❑Fill
❑ On-site Stream Relocation ❑ Buffer Impacts (see below)
❑Buffer Restoration ❑ Other
X❑ Bank Stabilization
❑ Other
Additional Wetland Impacts: ❑yes X❑no Estimated Acres
❑ Zone 1 Est Acres I ❑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): 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— 1/10`"acre ❑1/11`h to 1/P acre
❑1/3rato 1.0 acre ❑> 1.0 acre LJ
Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet
Additional comments:
Reviewed project with DOT staff. Grading and pipe work is continuing. Paving continues to progress from
west to east.
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.
The waste area has been seeded and matted on the slopes.
Continue to maintain erosion control devices and continue with seeding and matting as required to protect State
surface waters.
US Highway 64 Inspection November 2010

r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
November 22, 2010
Mr. Chris Braund,Town Manager,
Town of Lake Lure
PO Box 255
Lake Lure, N.C. 28746
Subject: Technical Assistance Request
Lake Lure WWTP,
NPDES NCO025381
Rutherford County
Dear Mr. Braund:
The ARO (Asheville Regional Office) is in receipt of your memo of November 4, 2010 requesting
`onsite Technical Assistance' for the subject WWTP.This office has conducted `Technical
Assistance' at the Lake Lure WWTP previously in 2007 and in 2008, of which it appeared none of
the recommendations/suggestions made were implemented. The intent of Technical Assistance is
to find ways of more efficient and effective system operation, which will allow the system to achieve
compliance with its NPDES permit and regulatory requirements. By enhancing WWTP system
operations, we help eliminate permit violations and improve water quality and hopefully save in the
cost of operation. Please note that `Technical Assistance' can be more than an `onsite'visit and
data evaluation, it works best when "Data" is collected by the system and submitted to the WWTP
Consultant in the Regional Office for evaluation, and then recommendations/suggestions are
offered, which the WWTP implements or tries, and then collects data to determine progress. A
summary of findings and evaluation of`data' submitted in your memo of November 4, 2010 is
offered below.
Data/System Review
Jar testing data `ONLY' cover the usage of Alum and 50% strength Caustic (Sodium Hydroxide
NaOH), there are no indications as what the 'dosage' is in mg/L (milligrams per liter or parts per
million) of either the Alum or the Caustic, only "drops" are given, this needs to be converted to a
dosage in order to make the best determination on what to feed. At one of the Technical
Assistance visits conducted previously, PAC (Poly-Aluminum Chloride) was used in addition to
Lime to supplement alkalinity. It offered some promising results, but the WWTP operator at that
time did not implement `correct' feeding techniques. Another comment noted on the Jar Test
reports, is the color and clarity of the Jars. An "orange color" is observed developing in the Jars,
this is the "Iron" oxidizing out of solution during the test. There is no indication on any of the Jar
Test data that Chlorine and/or Potassium Permanganate (KMn04) was added to 'oxidize' the Iron
prior to the coagulant reaction. At one time `Chlorine' was added in the Influent to address the
"Iron" issue at the WWTP. Has this changed? In order for the system to operate at its 'maximum'
potential for a Physical/Chemical WWTP, ALL process(es) that can cause interference should be
addressed.
North Carolina Division of Water Quality,Asheville Regional Office
Location:2090 U.S.Hwy.70,Swannanoa,North Carolina 27107 One Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 N6fthCarollina
Internet:www.ncwaterquality.org ;Vaturallif
An Equal Opportunity 1 Affirmative Action Employer �l Yi

Town of Lake Lure WWTP
Permit#NC0025381
TA discussion,Page 2 of 2
It appears `every time' Technical Assistance is requested from Lake Lure discussions arise as
to using 'aeration' to address incoming pollutants (such as Ammonia) or operating as a Biological
system. Lake Lure is a "Physical/Chemical" WWTP and as such requires knowledge of and
operational considerations with the same, it should be viewed as a "Water Plant". The use of
aeration in the system may cause increased operational issues. During the retrofit of the WWTP,
the chemical feed system was to operate on a 'demand' cycle, in that when the Influent pumps
were on the coagulant chemical feed pumps were on. I don't know if this aspect was 'deleted' from
the plans or not, but having this capability would allow for better coagulant feeding. Also, has there
been any Influent monitoring for Ammonia and BOD to determine if there are incoming variations to
the "load' placed on the WWTP? "Daily" (5 days/week) Influent monitoring of loading conditions
(both Ammonia and BOD) along with 'daily Jar Test"would allow for making better coagulant
feeding determinations. Also, the introduction of Potassium Permanganate and/or Chlorine to the
influent would aid in treating the Ammonia and Iron. Has using Lime rather than Caustic been
examined? In some instances 'Lime' aids in Iron and Ammonia removal, but it does increase
sludge production. Have there been any determinations as to the amount of sludge the process is
creating, and if it's causing any detrimental effects?
Are there any `side streams' to the system? This could occur from the 'decant' from the solids
digester/holding tank into the settling basin. Normally, digester/holding tank decant water is very
high in Ammonia and Iron, and will cause operational difficulty if added to the system downstream
of the influent. All side stream(s) from solids processing and skimming need to be piped to the
Influent. It is also suggested that a 'pre-treat' coagulant and 'oxidizer', either chlorine bleach or
potassium permanganate, be added to the Influent Pump station "discharge" line and the capability
of 'on-demand' chemical feed be implemented. This would allow for the Ammonia AND the Iron to
be addressed prior to entering the WWTP and should improve overall operations.
Suggestions/Recommendations
It is suggested the Town of Lake Lure have a copy of the 'TA' report from Fred Summers with
NCRWA (North Carolina Rural Water) sent to the ARO for review. Also, it is suggested the Town
conduct a 'Trend'analysis of ALL data collected in order to see what the most effective coagulant
dosage is, the most effective alkalinity supplement is, and if different coagulants, alkalinity
supplements, and/or chlorine or potassium permanganate need to be used at the WWTP. This
information can be submitted electronically to the ARO WWTP Consultant, at which time it will be
reviewed and operational ideas suggested. Please find attached information on 'Chemical
Precipitation' and conducting 'Jar Test'. If there are questions or additional information is needed
regarding system operation, chemical feeding, or there is a permit question, please let me know.
Sincerely,
�1�4�),/e�
Donald R. Price, CET
WWTP Consultant
Attachments:
CC: ARO - SWP
James and James, Lake Lure ORC
Brown Consultants

... L4 A
wra .�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
November 22, 2010
CERTIFIED MAIL ___
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 2021
'Mr. David A. Plummer, Senior Environmental Associate
T A Operating LLC
24601 Center Ridge Road
Westlake, Ohio 44145-5634
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO085952
T A Operating LLC
Candler Travel Center WWTP
Case No. LV-2010-0380
Buncombe County
Dear Mr. Plummer:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$417.00
($350.00 civil penalty+ $67.00 enforcement costs) against T A Operating LLC.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by T A Operating LLC for the month of June 2010. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0085952. The violations which occurred in
June 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that T A Operating LLC violated the
terms, conditions or requirements of NPDES Permit NCO085952 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment
against T A Operating LLC:
NorthCarohna
NatNrallrf
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.org

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0085952, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD - Conc.
0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0085952, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD-Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0085952, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for NH3-N- Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0085952,by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N- Conc.
$350.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$417.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 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 §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
1
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JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2010-0380 County: Buncombe
Assessed Party: TA Travel Operating LLC/Candler Travel
Permit No.: NC0085952 Amount Assessed: $417.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TA OPERATING LLC/CANDLER TRAVEL )
PERMIT NO. NCO085952 ) FILE NO. LV-2010-0380
Having been assessed civil penalties totaling $417.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 22, 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
November 23,2010
Mr. J.J. Swain,Jr.,P.E.
Division 13 Engineer
N.C.Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspection-US Highway 221
DWQ Project 09-0403
TIP No.4261
NCSR 1520(Rock Road)
Rutherford County
Dear Mr. Swain:
On November 8, 2010, I inspected the construction work on TIP Project No. B-4261,NCSR 1520(Rock Road)
in Rutherford County. The culvert and bridge have been completed and grading at the bridge site was
underway.
Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are
performed as required to protect State surface waters. Also,please refer to the attached inspection report for
any specific items noted during the inspection.
If you have questions,please call me at 828-296-4500.
Sincerely,
f
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: Brian C. Skeens,PE
Roger Bryan,Division 13,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
B4261 NCSR 1520 November 2010 Inspection Letter
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Customer Service:1-877-623-6748 NofthCarOlina
Internet:www.ncwaterauality.org Naturally
An Equal Opportunity 1 Affirmative Action Employer

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DWO Site Visits for DOT Projects
Field Sheet
DWQ representative: Michael R.Parker Date: November 8,2010
County: Buncombe 7771 Region: Asheville
DOT Division: Division 13 7771
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 20090403 NW Permit#: IP#:
Project Name: TIP No.B4261
Location of Project: The project is located on NCSR 1520 over Cathey's Creek and an unnamed tributary to
Cathey's Creek.
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities(DOT): Water Ouality Concerns(DWO):
X❑Bridge ❑ Steam Standards Violation
- X❑ Culvert X❑Turbidity
❑Bottomless Culvert ❑ Evidence of spills
❑Bottomless Arch ❑ Oil/Petroleum
X❑Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑Failed E& S control measures
❑Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration ❑Fill
❑ On-site Stream Relocation ❑ Buffer Impacts(see below)
❑ Buffer Restoration ❑ Other
X❑ Bank Stabilization
X❑ Other Fill
Additional Wetland Impacts: ❑yes ❑no Estimated Acres
❑ Zone 1 Est Acres I ❑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): Cathey's Creek and an unnamed tributary to Cathey's Creek
Basin/Subbasin: BRD 030802
Wetland Type: ❑Isolated ❑Non-Isolated(Waters of US)
Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB
❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW
❑HQW ❑WS-I X❑WS-IV ❑SA X❑CA
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
X❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization ❑Fill
Authorized Wetland Impacts: ❑0— 1/l0d'acre ❑1/l ld'to 1/3rd acre
❑1/3rd to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: X❑< 150 linear feet X❑> 150 linear feet
The culvert and bridge have been completed the grading work is taking place.
Sediment and erosion control structures appear to be in good shape. ,
Continue to maintain erosion control devices and seed and mulch areas as required.
B-4261 NCSR 1520 Inspection Report November 2010

AL
NCDENR
North Carolina Department of Environment and Natural Resources
- Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 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
TIP No. B-3335
NCSR 1134(Joyce Kilmer Road)
Graham County
Dear Mr. Setzer:
On November 18,2010,I inspected the construction work on Bridge No. 70 on North Carolina Secondary
Road 1134(Joyce Kilmer Road)in Graham County. Sediment was observed in the river below the sediment
bag which was located on the east bank of the Cheoah River. It appeared that rock dust was being lost into the
river from the silt bag from the pumping of wastewater during rock excavation. Additional sediment removal
measures are required to keep this material out of the Cheoah River.
Continue to ensure that all sediment and erosion control structures are maintained and working properly 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.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: W. Trent Anderson
Mark Davis,Division 14,DEO
Ed Ingle,Roadside Environmental
Lori Beckwith,USACE-Asheville Field Office
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
(Setzer)B-3335 NCSR 1134 Inspection Letter November 2010
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone]
One
Customer Service:1-877-623-6748 —NQ C arotin 1-- --
Internet:www.ncwateraualitv.or4 �RtlfrR�jl�
An Equal Opportunity 1 Affirmative Action Employer Yi` j

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DWQ Site Visits for DOT Projects
Field Sheet
DWQ representative: Michael R.Parker Date: November 18,2010
County: Graham Region: Asheville
DOT Division: I Division 14 -�
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑Other
DWQ 401 #: NW Permit#: 23 and 33 Il'#:
Project Name: Replacement of Bridge No.70 TIP No.3335
Location of Project: NCSR 1134 approximately 5 miles north of the Town of Robbinsville below the Dam
on Santeetlah Lake.
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities(DOT): Water Quality Concerns(DWQ):
X❑Bridge ❑ Steam Standards Violation
❑ Culvert X❑ Turbidity
❑Bottomless Culvert ❑Evidence of spills
❑Bottomless Arch ❑ Oil/Petroleum
❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E& S control measures
❑Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration X❑Fill
❑ On-site Stream Relocation ❑Buffer Impacts(see below)
❑Buffer Restoration ❑ Other
❑Bank Stabilization
❑ Other
Additional Wetland Impacts: ❑yes X❑ no Estimated Acres
❑Zone 1 Est Acres ❑Zone 2 Est Acres
Additional Stream Impacts: ❑yes X❑no Est Linear feet
Estimated linear feet of impact:
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): Cheoah River
Basin/Subbasin: Little Tennessee 040404
Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US)
Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB
X❑Class C ❑ORW X❑Trout ❑WS-111 ❑NSW
❑HQW ❑WS-I ❑WS-IV ❑SA RCA
Type of Authorized Impact: []Culvert ❑Bottomless Culvert
X❑Bridge ❑Bottomless Arch
❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: X00— 1/10`'acre ❑1/1 It'to 1/3`d acre
❑1/3rd to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: X❑< 150 linear feet ❑> 150 linear feet
Additional comments:
Reviewed project with Randy Barker with NCDOT.Contractor had placed causeway in Cheoah River and was
working in middle of river for bridge footer. Wastewater from this area was being pumped to a silt bag which
was located on the east bank of the river. There was however sediment(rock dust)in the shallows of the river
below the silt bag. Changes should be made to this operation to stop the loss of sediment into the Cheoah River
and this silt material in the river should be cleaned up. Mark Davis was made aware of this situation on
November 19,2010.
Please ensure that all necessary controls are in place to protect the Cheoah River.
Continue to maintain erosion control devices and continue with seeding and matting as required to protect State
surface waters.
B-3335 NCSR 1134(Joyce Kilmer Road)

WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
November 23, 2010
Van Ziegler
Headwaters Trout Farms
26 Trout Haven Ln
Balsam Grove NC 28708
SUBJECT: Compliance Evaluation Inspection
Shoal Creek of Headwaters Trout Farms
Permit No: NCG530157
Transylvania County
Dear Mr. Ziegler:
Enclosed please find a copy of the Compliance Evaluation Inspection Report from
the inspection which conducted on October 21, 2010. The facility was found to be in
Compliance with permit NCG530157.
Please refer to the enclosed inspection report for additional observations and
comments. If you have any questions, please do not hesitate to call me at 296-4500.
Sincerely, .,
Al
rct.' ..
Keith Haynes,,,,
Envoronmental Sr. Specialist
Enclosure
cc: Central Files
Asheville Files
S:\SWP\Transylvania\Wastewater\General\NCG53 Trout Farms10157\10.21.10CEIlet.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 �►'1atu1, !`Y
Internet:www.ncwatergualitv.org �/V

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United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
�.
Section A: National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 151 31 NCG530157 111 121 10/10/21 117 18I CI 19U 201 I
Remarks -! 1—
2111111111 Jill 111111111IIIIIIIIIIIIIIIIIIIIIIIIII6
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -----------------------Reserved— --------- ---
67 69 70I I 71 UI 72I NI 73�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)
11:00 AM 10/10/21 09/09/04
Shoal Creek of Headwaters Trout Farms
26 Trout Haven Lane - Clinic Rd Facility Exit Time/Date Permit Expiration Date
Balsam Grove NC 28708 11:55 AM 10/10/21 12/07/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Van Blake Ziegler,26 Trout Haven Ln Balsam Grove NC No
26708//828-8B4-6221/82B8846967
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit 0 Operations&Maintenance 0 Facility Site Review N Effluent/Receiving Waters
Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Keith Haynes '/ ARO WQ//828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards tt ARO WQ//828-296-4500/ f/ 23bo/0
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

Permit: NCG530157 Owner-Facility: Shoal Creek of Headwaters Trout Farms
Inspection Date: 10/21/2010 Inspection Type: Compliance Evaluation %
Operations&Maintenance Yes No NA NE \
Is the plant generally clean with acceptable housekeeping? ■ n n n
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids,pH, DO,Sludge n ❑ ■ n
Judge,and other that are applicable?
Comment: The farm is normally very well maintained. Production for 2010 will be
about 130,000 lbs. A normal year would be about 150,000 Ibs and a good year's
production would be about 250,000 Ibs. Feed rate is about 25 tons about every three
weeks.
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
Is access to the plant site restricted to the general public? n n 0 n
Is the inspector granted access to all areas for inspection? N ❑ ❑ ❑
Comment: If a waste management BMP has not submitted for the farm, it should be
done as soon as possible.
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
If effluent (diffuser pipes are required) are they operating properly? n ❑ N ❑
Comment: Some flow was being diverted from the intake, thus downstream of the
intake was not dry.
Page# 3

T
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
November 23, 2010
Van Ziegler
Headwaters Trout Farms
26 Trout Haven Ln
Balsam Grove NC 28708
SUBJECT: . Compliance Evaluation Inspection
Headwaters Trout Farms
Permit No: NCG530158
Transylvania County
Dear Mr. Ziegler:
Enclosed please find a copy of the Compliance Evaluation Inspection Report for
the inspection which I conducted on October 21, 2010. The facility was found to be in
Compliance with permit NCG530158.
Please refer to the enclosed inspection report for additional observations and
comments. If you have any questions, please do not hesitate to call me at 296-4500.
Sincerely,
Keith Hayn6s
Environmental Sr. Specialist
Enclosure
cc: Central Files
Asheville Files
S:\SWP\Transylvania\Wastewater\General\NCG53 Trout Farms\0158\10.21.10CEiletter.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarohna
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 Naturally
Internet:www.ncwaterquality.org �/V

United States Environmental Protection Agency Form Approved.
EP n Washington,D.C.20460
/"1 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 INI 2 ' SI 31 NCG530158 11 121 10/10/21 117 181�1 191 .cI 20� 1
s_ I Remarks J IJ J
2111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII6
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA —- ---------------Reserved------------------
67( 169 70 U 71�U 72(N I 73�74 751 1 I 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)
Headwaters Trout Farms 10:00 AM 10/10/21 09/09/04
26 Trout Haven Ln Exit Time/Date Permit Expiration Date
Balsam Grove NC 28708 10:50 AM 10/10/21 12/07/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Officiallritle/Phone and Fax Number
Van Blake Ziegler,26 Trout Haven Ln Balsam Grove NC Contacted
28708//828-884-6221/8288846967 No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit 0 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 Inspector(s) Agency/Office/Phone and Fax Numbers Date
Keith Haynes rl ARO WQ//828-296-4500/
'1`
I
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers ) Date
Roger C Edwards ' ARO WQ//828-296-4500/
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

Permit: NCG530158 Owner-Facility: Headwaters Trout Farms
Inspection Date: 10/21/2010 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 ❑ ❑ M ❑
Judge,and other that are applicable?
Comment: There were two ponds and six raceways in operation. Stock is being
moved to the Shoal Creek farm. Howard Brown will start contract operation of the farm
soon. Due to low water flow and diseases, production was about 50,000 Ibs whereas
normal production is 250,000 lbs. Feeding rate for the past year was about 15 Tons
every three weeks.
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑
Is the facility as described in the permit? ■ ❑ ❑ ❑
#Are there any special conditions for the permit? ❑ ❑ ■ ❑
Is access to the plant site restricted to the general public? ❑ ❑ M 0
Is the inspector granted access to all areas for inspection? ❑ ❑ ❑
Comment: If a Waste management BMP has not been submitted to this Office it
should be done as soon as possible.
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ ❑ 0 ❑
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? ❑ ❑ M ❑
Comment: The discharge goes into a polishing pond and appeared to be of very good
quality entering the receiving stream.
Page# 3

- I�4'
WNW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
November 23, 2010
Richard W Bragg
H C 73 Box 659
Rosman NC 287729618
SUBJECT: Compliance Evaluation Inspection
Bragg Trout Farm
Permit No: NCG530066
Transylvania County
Dear Mr. Bragg:
Enclosed please find a copy of the Compliance Evaluation Inspection Report from
the inspection which I conducted on October 21, 2010. The facility appeared to be in
Compliance with permit NCG530066.
Please refer to the enclosed inspection report for additional observations and
comments. If you have any questions, please do not hesitate to call me at 296-4500.
Sincerely,
Keith Hayne
Environmental Sr. Specialist
Enclosure
cc: Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL,OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NOrthCarolina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 Internet:www.ncwaterguality.orp �gtujg[`//y

United States Environmental Protection Agency Form Approved.
EPA C Washington,D.C.20460 OMB No.2040-0057
CI- Water Compliance Inspection Report Approval expires 8-31-98
i
Section A: National Data System Coding(i.e., PCS)
_-Transaction Code---— -.NPDES---- _- - yr/mo/day- Inspection Type Inspector, FacType.--
1 _j 2 ICI 3L Ncc530066 i11 12' l0/10/21 117 18`rl 191.al 20I I
J L! Remarks J L!
21111111111111111111111111111111111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA -------------------------Reserved---------------------
67I 169 70' I 71 IU 72L 73I I 174 751 I I I I I I 180
Section B: Facility Data �— W
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
Bragg Trout Farm 12:10 PM 10/10/21 07/08/01
Old wagon Rd Exit Time/Date Permit Expiration Date
Balsam Grove NC 28708 01:00 PM 10/10/21 12/07/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
JJ/
Richard Bragg//828-877-5574 /
Name,Address of Responsible Official/Title/Phone and Fax Number
Richard W Bragg,H C 73 Box 659 Rosman NC 287729618//828-877-5574/ Contacted
Yes
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit E Operations&Maintenance 0 Facility Site Review N Effluent/Receiving Waters
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Keith Haynes ARO WQ//828-296-4500/ �
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Dat
Roger C Edwardsr- �c_ ARO WQ//828-296-4500/
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type
3) NCG53022f I11 12I 10/10/21 I17 18IC�
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Effluen wa igfilFyTLirbid-dueto�eeec'ing to ing pie atth-e time of theinspection -The discharge aia not
appear to be causing visible problems with the receiving stream. If a waste management BMP has not
been submitted, the permittee should do so as soon as possible.
Page# 2

Permit: NCG530066 Owner-Facility: Bragg Trout Farm
Inspection Date: 10/21/2010 Inspection Type: Compliance Evaluation
Operations &Maintenance Yes No NA NE
----is the-plant generally-clean-with--acceptable-housekeeping? _ __ __ __ ■ Q-Q Q --
Does the facility analyze process control parameters,for ex:MLSS,MCRT, Settleable Solids,pH, DO,Sludge Q Q ■ Q
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? Q Q ■
Is the facility as described in the permit? ■ Q Q Q
#Are there any special conditions for the permit? Q Q ■ Q
Is access to the plant site restricted to the general public? Q Q ■ Q
Is the inspector granted access to all areas for inspection? ■ Q Q Q
Comment:
Page# 3

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
November 23, 2010
John Murry
NC Wildlife Resources Commission
PO Box 728
Pisgah Forest NC 28768
SUBJECT: Compliance Evaluation Inspection
Bobby N. Setzer State Fish Hatchery
Permit No: NCG530079
Transylvania County
Dear Mr. Murry:
Enclosed please find a copy of the Compliance Evaluation Inspection Report from
the inspection which conducted on October 21, 2010. The facility appeared to be in
Compliance with permit NCG530079.
Please refer to the enclosed inspection report for additional observations and
comments. If you have any questions, please do not hesitate to call me at 296-4500.
Sincerely,
Keith Haynes
Environmental Sr. Specialist
enclosure
cc: Central Files
Asheville Files
S:\SWP\Transylvania\Wastewater\General\NCG53 Trout Farms\0079\10-21-10CEIletter.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 NOrthCarolina
Internet:www.ncwaterauality.ora N tut' II'm

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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)
- --TransactionCode-----------------NPDES-.__ __ _ -yr/mo/day-__ __._ -Inspection Type _Inspector-_ -_FaaType--
1 INI 2 LI 31 NCG530079 I11 121 10/10/21 117 18Icl 19IgI 201
Remarks U
21111111111111111111111111111111111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------------------Reserved--------------------
67I 169 70I I 71' I 72I NI 73' ' 174 751 I I I I I I 180
Section B: Facility Data W
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
Bobby N. Setzer State Fish Hatchery 02:10 PM 10/10/21 07/08/01
US Forest Service Rd 475-C Exit Time/Date Permit Expiration Date
Pisgah Forest NC 28768 02:40.PM 10/10/21 12/07/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
John Murry,PO Box 728 Pisgah Forest NC 28768//828-877-3121/82888456 No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Facility Site Review
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Keith Haynes , ARO WQ//828-296-4500/ `l",
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Roger C Edwards ARO WQ//828-296-4500/ ah 3 Z0 -0
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type 1
3� NCG530079 I11 12I 10/10/21 17 18LC \ \
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
-Due to tha time of year,there was not a large number of fish on site. Stream flow was low;bu�some offie - —
flow was bypassing the intake. The facility should be reinspected next spring/summer for further
evaluation.
Page# 2

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 30, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 2038
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-2010-0394
Rutherford County
Dear Mr. Braund:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,067.00 ($1,000.00 civil penalty+ $67.00 enforcement costs) against the Town of 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 June 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
June 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, 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:
NorthCarolina
Mu d,#
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterauality.org

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. -
$.00 NC0025381, 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.
$1,000.00 NC0025381, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N- Conc.
$1,000.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$1,067.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice,you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) -
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative

.,.;wring 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 §'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
S';SGh'Iy`;Rutl�erf'eird `sist�water`, '(ur�icipal.t,;ke Lure lt`WTP 2538ITV-2010-0394.doc
V ,

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2010-0394 County: Rutherford
Assessed Party: Town of Lake Lure
Permit No.: NC0025381 Amount Assessed: $1,067.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF 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-2010-0394
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 November 30, 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
November 30, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 2052
Mr. Glen Foster, Director, Global Environmental
Tyco Electronics Corporation
P. O. Box 3608
MS 140-42
Harrisburg, Pennsylvania 17105
Subject: NOTICE OF VIOLATION /
NOTICE OF INTENT TO ENFORCE
NOV-2010-MV-0173
Permit No. NCO033227
Tyco Electronics Corporation WWTP
Buncombe County
Dear Mr. Foster:
Your NPDES Permit# NCO033227 contains certain visitation, limits and monitoring
requirements for each discharge outfall. A review of Outfall 002 and Outfall 003 has shown
frequent lack of monitoring and accountability for time spent at each outfall. "Operator
Arrival Time," "Operator Time on Site," "ORC on Site," "Flow," "pH,," "Temperature" and "TRC,"
(as required by your NPDES permit), have not been properly accounted for on the DMRs.
Your permit is for a "Class II' facility and Outfalls 002 and 003 are classified as "Class II."
As such, the ORC is required to visit the facility at least daily, excluding weekends and holidays.
(This requirement can be found in your Permit# NCO033227 under Part 11, Section C.1.) This
visitation has not been reflected on the DMRs. Monitoring frequency for Flow, pH,
Temperature and TRC is required monthly.
Please provide the proper visitation, sampling and monitoring information for Outfall 002
and Outfall 003 for DMRs beginning with June 2009 to the present and submit the amended
DMRs to Raleigh at the address found on the front of your DMR with copies to this office
within thirty (30) days of receipt of this letter.
NoAhCarolina
Naturally
North Carolina Division of Water Quoity 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.org FAX [phone] 1-877-623-6748

Mr. Glen Foster
November 30, 2010
Page Two
Failure to provide completed amended DMRs for the required visitation, sampling
and monitoring data for Outfalls 002 and 003 could subject you to civil penalty
enforcement.
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
Bill Lyman/ Tyco Plant Manager
James & James Environmental/ ORC
S:\SWP\Buncombe\Wastewater\Industrial\Tyco Electronics Corp 33227\NOV-2010-MV-6173.doc