DWQ SWP Read File Archive Nov. 2012

AN ;
WNW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman
Governor Director Secretary
November 1, 2012
Cecilia Neira
862 Bee Tree Creek Rd
Swannanoa NC 28778
SUBJECT: Compliance Sampling Inspection
862 Bee Tree Road
Permit No: NCG550251
Buncombe County
Dear Ms. Neira:
A Compliance Sampling Inspection was conducted on October 23, 2012 by Kathy
Jimison and me of the Asheville Regional Office. The facility appeared to be in
compliance with permit NCG550251. However, it was noted in our database that the
annual fee for this permit is overdue. In order for this permit to stay active and be
considered for renewal the annual fee must be submitted. Enclosed is the inspection
report; please review it for additional observations and comments. If you have any
questions, please call me at 828-296-4500.
Sincerel ,
Linda Wiggs
Environmental Senior Specialist
Enclosure
cc: Central Files
Asheville Files
S:\SWP\Buncombe\Wastewater\General\NCG55 Single Family Residence\550251 Neira-Castilliano Residence\CS1.550251.Oct12.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa, NC 28778 NooAhCarolina
Phone:[phone]\FAX:[phone] �►lgtuta�/�
Internet:www.ncwaterguality.org �/V j

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United States Environmental Protection Agency Form Approved.
EPAA Washington,D.C.20460 OMB No.2040-0057
Cr/� 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 15 I 31 NCG550251 111 121 12/10/23 117 18I S I 19I S I 20II
Remarks
21111111111111111111111111111111111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ---------------------------Reserved----------------------
67I 169 70131 711 N I 721 N I 73 W 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)
02:10 PM 12/10/23 11/02/14
862 Bee Tree Road
862 Bee Tree Rd Exit Time/Date Permit Expiration Date
Swannanoa NC 28778 02:45 PM 12/10/23 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
Cecilia Neira,862 Bee Tree Creek Rd Swannanoa NC 28778//828-298-9356/ Yes
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Operations&Maintenance 0 Facility Site Review 0 Effluent/Receiving Waters
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Linda S Wiggs!li"� ARO WQ//828-296-4500 Ext.4653/
Kathy Jimison ARO WQ//828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
r EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont.) 1
3 NCG550251 I11 12, 12/10/23 117 181
S
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) 1.
Ms. Neira is the only person living in the house. She had the septic tank pumped last year. It is unlikely that
this system will discharge given the current conditions.
Ms. Neira was present for the inspection and had done some laundry and carpet cleaning on the day of the
inspection. There was a slight flow from the effluent pipe that was believed to be predominantly
groundwater. It was sampled for Fecal Coliform and Total Suspended Solids (TSS).
The sample result for Fecal Coliform was 8 col/100ml and TSS was 6.2 U mg/I (U:non-detect). Hence,this
discharge is likely groundwater; if it is effluent it is compliant.
The chlorine contact system is partially intact; the chlorine contact box is in place under a large rock, but
there are not any tablet chambers. There were several salamanders at the discharge pipe area. Given the
sample results and the aquatic life present, the lack of a complete/operating chlorine system is not a
concern at this time.
Page# 2

Permit: NCG550251 Owner-Facility: 862 Bee Tree Road
Inspection Date: 10/23/2012 Inspection Type: Compliance Sampling
Operations &Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? n 13 fl
Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids,pH, DO,Sludge n 0 0
Judge, and other that are applicable?
Comment: There were no apparent issues on the property relating to sewage pooling,
etc.
Fecal Coliform and TSS samples were obtained from the discharge pipe.
See summary.
i
Page# 3

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P.E.
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
November 1,2012
CERTIFIED MAIL-RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9629
Dr. Samuel Leder
4755 Technology Way
Suite 202
Boca Raton, Florida 33431-3338
CERTIFIED MAIL -RETURN RECEIPT REQUESTED 70101870 0003 0874 9636
East Fork Lake Property LLC
6530 West Rogers Circle
Suite 31
Boca Raton,Florida 33487
CERTIFIED MAIL—RETURN RECEIPT REQUESTED 70101870 0003 0874 9643
East Fork Lake Property, LLC
Corporate Creations Network Inc.
15720 John J. Delaney Drive
Suite 300
Charlotte,North Carolina 28277
SUBJECT: NOTICE OF Continuing VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Lora Young Dam
NOV-2012-PC-0167
Stream Standard Violation-Other Waste (In-stream sediment)
Failure to Secure 401
Transylvania County
Response deadline: November 13,2012
Dear Dr. Leder:
On October 5,2012, Kevin Barnett from the Asheville Regional Office of the Division of Water
Quality(DWQ)conducted a follow-up site inspection for Lora Young Dam at the East Fork Lake
Property in Transylvania County. Mr. Jeff Wait from the Asheville Regional Office of the
Division of Energy, Mineral and Land Resources (DEMLR)was also present.
Stream standard and 401 WQC violations were noted during the inspection,which are in addition
to those noted in the Notice of Violation issued May 9, 2012. Additional check dams have been
installed below the surge basin within the channel of the creek, and several hundred feet of pvc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrtllCar011lla
Phone:: www.6 45001 FAX: 99-7043 ���������
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

VI.ad1fIUCI LeUt f -
November 1,2012
Page 2 of 3
pipe(siphon pipe)has been placed into the stream channel below the dam breach. Sediment
impacts remain within Upper Creek, Class C, Tr, HQW waters,between the greenhouses and the .
confluence of Upper Creek and the East Fork French Broad River.
As a result of the site inspection and file review,the following violations were identified:
VIOLATIONS
I. Stream Standard Violation-'Other Waste(In-stream sediment) 15A NCAC 02B .0211
(3)f
Upper Creek, Class C,Tr,HQW waters was impacted by sediment deposition measured to
be between 3 and 20 inches in depth throughout the stream reach, representing Water
Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f).
II. Failure to Secure a 401 Water Quality Certification (WQC)
In addition to the rock and culvert fill cited in the May 9,2012 Notice of Violation,three
rock dams have been constructed below the surge pool, and the dual pvc siphon pipes have
been laid down the stream channel below the dam breach. The rock and culvert fill
requires a US Army Corps of Engineers (USACOE) 404 Permit and a Division of Water
Quality 401 WQC. A review of records confirmed that neither the DWQ nor the US Army
Corps of Engineers (USACOE)has received an application for a 404 Permit or 401 WQC,
prior to the impacts noted above. Such an application is required pursuant to Section 404
of the Clean Water Act and Part 15A of North Carolina Administrative Code 2H .0500.
REQUIRED RESPONSE
The DWQ requests that you respond by November 13,2012. Your response should be sent to the
attention of Kevin Barnett,Division of Water Quality, 2090 US HWY 70, Swannanoa,.NC 28778
and should address the following items:
1. Stream Fills Installed After Receiving the May 9,2012 Notice of Violation
Please provide an explanation as to why, once you were notified that fill in a stream
without a 404/401 authorization were a violation of Water Quality Statutes,that
you installed additional fills without either a plan approved,nor an application
submitted the either the US Army Corps of Engineers nor the Division of Water
Quality.
2. Plan and Timeline
You must submit a plan and timeline for either permitting the impacts associated
with this project, or a restoration plan for the removal of all unauthorized impacts,
and the reconstruction of the stream through the surge basin.
3. Sediment Removal Timeline
You must submit a timeline for the removal of the remaining sediment between the
greenhouses and the confluence between Upper Creek and the East Fork French
Broad River.

November 1c2012
Page 3 of 3
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations,as
detailed above,be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters,please contact Kevin Barnett at(828)296-4500.
Sincerely,
J��
Chuck Cranford,-Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: WBSCP Unit,Karen Higgins "
ARO File Copy
Jeff Wait, DEMLR ARO
David McHenry,NC Wildlife Resources Commission
Terry Allen, P.E.
Transylvania County Planning
S:\S WP\Transylvania\Complaints\EastForkLakePropertyLLC\Leder.NOCV.10.30.2012.doc

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WNW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 1, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9599
Mr. Chuck Summey
Town of Forest City
P.O. Box 728
Forest City,North Carolina 28043-0728
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO025984
Town of Forest City
Forest City WWTP
Case No. LV-2012-0190
` Rutherford County
Dear Mr. Summey:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$2,137.00 ($2,000.00 civil penalty+$137.00 enforcement costs) against the Town of Forest City.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by the Town of Forest City for the month of May 2012. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0025984. The violations which occurred in
May 2012 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Forest City violated the
terms, conditions or requirements of NPDES Permit NCO025984 and G.S. 143-215.1(a)(6)in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford,Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
the Town of Forest City:
None
rthCarolina
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway70,Swannanoa, NC 28778
Phone:[phone]\FAX:[phone]
Internet:www.ncwaterguality.org

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$500.00 NC0025984, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$1,500.00 NC0025984, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Conc.
$2,000.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$2,137.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
2 82.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The,amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over %-
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention o£
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
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
r

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, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck Branford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Regional Supervisor w/attachments
NPDES Point Source w/attachments
DWQ Central Files w/attachments
S `WP'.RLi li,erford'Wastew,iter.11unim-P2i.`,F oreSt City WWII'25984;1._V-3412-0190.doc.

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0190 County: Rutherford
Assessed Party: Town of Forest City
Permit No.: NC0025984 Amount Assessed: $2,137.00
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 inN.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF RUTHERFORD
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TOWN OF FOREST CITY/ )
FOREST CITY WWTP )
PERMIT NO.NCO025984 ) FILE NO. LV-2012-0190
Having been assessed civil penalties totaling $2,137.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 1, 2012, 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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NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 1, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9612
Ms. Cathy Childrey
Mizpah Healthcare Inc.
P.O. Box 1029
Marion,North Carolina 28752-1029
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO071897
Mizpah Healthcare Inc.
Henderson's Assisted Living WWTP
Case No. LV-2012-0189
Henderson County
Dear Ms. Childrey:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$887.00
($750.00 civil penalty+ $137.00 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 2012. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0071897. The violations which occurred in
May 2012 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 NCO071897 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 fmdings 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, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
Mizpah Healthcare Inc.:
None
rthCarolina
�aturallr�
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone: [phone]\FAX:[phone]
Internet:www.ncwatergualitv.om

I of the 1 violations of G.S.. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0071897,by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD- Conc.
5 of the 5 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$500.00 NC0071897, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD - Cone.
$750.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$887.00 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) 1,
occurred or the accuracy of any of the factual statements contained in the civil penalty '
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please

prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved,the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission
of Civil Penalties; Waiver of Right to an Administrative Hearing,and Stipulation of Facts"form
within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition '
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as
evidenced.by an internal date/time received stamp (not a postmark),will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions,please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
�
Y
Chuck Branford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Regional Supervisor w/attachments
DWQ Point Source w/attachments
Central Files w/attachments
S.SGi'I'liiend�rsi n`,t\, to�at�r. linors Fl�r� r o� assisted Living 718971.-N-2012-0184.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0189 County: Henderson
Assessed Party: Mizpah Healthcare Inc./Henderson's Assisted Living WWTP
Permit No.: NC0071897 Amount Assessed: $887.00
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
COUNTY OF HENDERSON AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
MIZPAH HEALTHCARE INC. / ) STIPULATION OF FACTS
HENDERSON'S ASSISTED LIVING WWTP )
PERMIT NO.NCO071897 ) FILE NO. LV-2012-0189
Having been assessed civil penalties totaling $887.00 for violation(s)as set forth in the
assessment document of the Division of Water Quality dated November 1, 2012, 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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NCDGNR
North Carolina Department of Environment and Natural Resources
_. Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 1, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9605
Mr. Radford L. Thomas, Director, Public Utilities
City of Lenoir
P.O. Box 958
Lenoir,North Carolina 28645-0958
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO023981
City of Lenoir
bower Creek WWTP
Case No.LV-2012-0188
Caldwell County
Dear Mr. Radford;
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$637.00
($500.00 civil penalty+ $137.00 enforcement costs) against the City of Lenoir.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(D14R)submitted by the City of Lenoir for the month of April 2012. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirenents found in NPDES Permit NCO023981. The violations which occurred in
April 2012 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the City of Lenoir violated the
terms, conditions or requirements of NPDES Permit NCO023981 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, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
the City of Lenoir:
None
rthCarolina
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone: [phone]\FAX: [phone]
Internet:www.ncwaterguality.org

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$500.00 NC0023981,by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS - Conc.
$500.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$637.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved,the following factors shall be
considered:

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

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter)on the petition.
Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark),will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck Cianford,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: Regional Supervisor w/attachments
DWQ Central Files w/attachments
NPDES Point Source w/attachments
5 .-"WP`,C al(iwetl" a,te� ateil': 9unieipal tower Creek WWI P 239S PIN 2012-Q1.88.doi

ATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
- COUNTY OF CALDWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
CITY OF LENOIR/ LOWER CREEK WWTP )
PERMIT NO.NCO023981 ) FILE NO. LV-2012-0188
Having been assessed civil penalties totaling $637.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 1, 2012,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

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0188 County: Caldwell '
Assessed Party: City of Lenoir
Permit No.: NC0023981 Amount Assessed: $637.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies(attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

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NCDEW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 1, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9674
Ms. Cathy Childrey
Mizpah Healthcare Inc.
P.O. Box 1029
Marion,North Carolina 28752-1029
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES-Permit NCO071897
Mizpah Healthcare Inc.
Henderson's Assisted Living WWTP
Case No. LV-2012-0191
Henderson County
Dear Ms. Childrey:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$587.00
($450.00 civil penalty+ $137.00 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 June 2012. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0071897. The violations which occurred in
June 2012 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 NCO071897 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, Chuck Cranford,Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
Mizpah Healthcare Inc.:
One
NorthCarolina
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone: [phone]\FAX:[phone]
Internet:www.ncwaterouality.org

2 of the 3 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$200.00 NC0071897, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0071897,by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD - Conc.
$450.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$587.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please

prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations;or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing,and Stipulation of Facts"form
within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that
_., you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition '
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile:[phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources i-
1601 Mail Service Center --J
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
#
Chuck(-eiranford, Regional-supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Regional Supervisor w/attachments
NPDES Point Source w/attachments
DWQ Central Files w/attachments
James &James Environmental/ ORC w/attachments
5 SWP",l-lenciersoal`ltk+stet..v,itcr Minors H.enderson,Assisted Living 71897LV-2012-0191.d0 c

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0191 County: Henderson
Assessed Party: Mizpah Healthcare Inc. / Henderson's Assisted Living WWTP
Permit No.: NC0071897 Amount Assessed: $587.00
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 HENDERSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
MIZPAH HEALTHCARE INC. / )
HENDERSON'S ASSISTED LIVING WWTP )
PERMIT NO.NCO071897 ) FILE NO. LV-2012-0191
Having been assessed civil penalties totaling $587.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November I; 2012,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 Charles Wakild, P.E. Dee Freeman
Governor Director
Secretary
November 2,2012
Mr. Mark Baker
3919 S.W. 80'Way
Gainesville, FL 32608
Subject: 401 Water Quality Certification -Approval
Baker Lot 1 (Strawberry Hill)
DWQ Project# 12-0903
Jackson County
LTN02 /Glenville Lake (Thorpe Lake)/2-79-23-(1)/WS-III, HQW, B
Dear Mr. Baker:
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 approximately 0.0048 acres of open waters
(below full pool; approximately 70 linear feet of shoreline) 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 3898. 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)Jackson County Erosion and
Sediment Control regulations and Duke Energy Lake Services guidelines.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]\FAX:82$-299-7043 One
NOI`C11�d.f011lla
Internet:www.ncwaterquality.org
An Equal Opportunity\Affirmative Action Employer
vv
atll&�Cl�'

Mr.BakeI
November 2,2012
Page 2 of 2
Amount Approved(Units) Plan Location or Reference
Waters Appx. 0.0048 (acres Boulder wall and rip-rap,
below full pool) as specified in application
[appx. 70 linear feet]
*Refer to Duke Energy
guidelines for boulder
wall&rip-rap design
If working from the shoreline (rather than a barge), vegetation must be replaced in accordance with Nantahala
Area Vegetation Management Requirements [ref. to Exhibit 1, Part 5.b. of Duke Power Nantahala Area
Shoreline Management Guidelines].
Impervious surfaces (excluding access pathways) must be kept 30 feet back from surface waters [ref. 15A
NCAC 2B .0215].
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 ad judicatory 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 828-296-4665.
Sincerely, /5r
s ,
;i
Charles Wakild, P.E., Director
CWlsaw
Enc: GC3898
Certificate of Completion
cc: Karen Higgins—WBSCP Unit
Steve Beasley, Jackson County Planning
Lisa Leatherman, Duke Energy Lake Services
.File Copy
S:\SWP\Jackson\401s\Non-DOT\Baker GlenvilleWPRVL.Baker Lot 1 Strawberry Hill.I l 2012.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman
Governor Director Secretary
November 2, 2012
David Hoffman
Hoffman Paving & Grading Inc
417 Sharon Ave Nw
Lenoir NC 28645
SUBJECT: Compliance Evaluation Inspection
Caldwell Pit
Permit No: NCG520108
Caldwell County
Dear Mr. Hoffman:
A Compliance Evaluation Inspection was conducted at your Caldwell Pit operation
on October 25, 2012. Sand dipping activities were occurring during the inspection. The
activity was causing an elevated turbidity level in Lower Creek. To avoid violating water
quality standards for turbidity during operations you will need to evaluate turbidity control
options. You also need to institute Best Management Practices (BMPs) to protect the
streambanks.
Refer to the enclosed inspection report for important observations and comments.
Please contact me to discuss your management strategies for turbidity control and
streambank protection at 828-296-4500.
Sincerely,
Linda Wiggs
Environmental Senior Specialist
Enclosure
cc: Central Files
Asheville Files
S:\SWP\Caldwell\Wastewater\General\NCG52 Sand Dredges\Caldwell Pit NCG520108\Oct 25,2012 visit\CEI.LTR.Oct2012.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCaroliina
Phone:[phone]\FAX:[phone] �gtut,Q/[�
Internet:www.ncwaterguality.org L

--_-----
--------
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United States Environmental Protection Agency Form Approved.
EPA
/� Washington,D.C.20460 OMB No.2040-0057
C1�/� 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 2 151 31 NCG520108 111 121 12,10/25 117 181 C I 19I S I 20I I
Remarks
211IIIIII1111IIIII I I I I IIIIIIIIIIIIIIIIIIIIIIIIIII6
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved----------------------
67I 169 701 I 71 I_I 72I N I 73I__u' '74 75I 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)
Caldwell Pit
12:00 PM 12/10/25 12/08/08
2903 Rocky Rd Exit Time/Date Permit Expiration Date
Lenoir NC 28645 12:30 PM 12/10/25 15/07/31
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
David Hoffman,417 Sharon Ave Nw Lenoir NC 28645//828-754-5582/8287540188 Conta to
No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Operations&Maintenance 0 Facility Site Review 0 Effluent/Receiving Waters N Storm Water
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 f
Linda S Wi9gs ARO WQ//828-296-4500 Ext.4653/
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
3� NCG520108 ill 12, 12/10/25 117
18I d f
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
The site was visited by both the Division of Water Quality (DWQ) and the Division of Land Resources
(DLR). DLR was performing other inspections in the area with the DWQ inspector that day. However, this
sand mine is not covered under DLR because it is less than an acre. But, it was noted that the site is
getting close to an acre, so it is crucial that no more disturbances take place to avoid permitting under
mining activities.
The trackhoe operator was actively dipping sand from the river during the inspection. As a result of this
activity turbidity levels in the stream were unacceptable.
Lower Creek was clear upstream of the operation, but downstream of the operation elevated turbidity levels
Were observed. Approximately 300-500 feet downstream of this operation the turbidity levels still had not
dropped out.
Management decisions need to be considered for this operation in order to avoid turbidity violations. The
inspector suggested the use of a high flow turbidity curtain downstream of the operation. Mr. Hoffman
should contact the inspector with the management decisions he is considering for this site.
The trackhoe operator was observed in the process of removing sand from the riverbed. She was careful
not to come into contact with the streambank. However, the streambanks are in an unacceptable state.
The streambanks and the vegetation have to be avoided during dipping operations, some incidental fallback
of sand is acceptable. But the natural vegetation on the streambanks should not be removed, covered or
disturbed. Trees should be worked around, shrub and herb vegetation can be manually topped/pruned but
shall not be removed or covered. ,,
If the trackhoe arm is too short or the streambank is too steep for this to be feasible then the location of the
operation should be reconsidered and moved to a more suitable location.
Page# 2

—_ Permit: NCG520108 Owner-Facility: Cardwell Pit
Inspection Date: 10/25/2012 Inspection Type: Compliance Evaluation
Operations & Maintenance yes No NA NE
Is the plant generally clean with acceptable housekeeping? fl ❑ 0
Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO, Sludge ❑ ❑ ■ 0
Judge,and other that are applicable?
Comment: Housekeeping at this site was ok, but could use some improvement. The
sand piles are a fair distance from streambank. For the most part there is a slight berm
to keep water from running back into the stream. However, during the inspection there
were a couple of small rivulettes formed through the berm; these should be fixed and
kept from forming.
The streambanks are in bad shape.
Turbidity during operation is a problem. See summary.
_J
Page# 3

!®•
CN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 2, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 18.70 0003 0874 9667
Mr. George W. Ware
P.O. Box 658
Newland,North Carolina 28657-0658
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 NCO060224
George W. Ware
Jonas Ridge Adult Care Facility WWTP
Case No. LV-2012-0192
Burke County
Dear Mr. Ware:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$787.00
($650.00 civil penalty+ $137.00 enforcement costs) against George W. Ware.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by George W. Ware for the month of May 2012. This review
has shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NC0060224. The violations which occurred in May 2012
are summarized in Attachment A to this letter.
Based upon the above facts,I conclude as a matter of law that George W. Ware violated the terms,
conditions or requirements of NPDES Permit NCO060224 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, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
George W. Ware:
None
rthCarolina
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE-'I-
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]
Internet:www.ncwaterguality.org

2 of the 3 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$200.00 NC0060224, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for NH3-N- Conc.
2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$200.00 NC0060224,by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for TSS - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0060224, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N- Conc.
$650.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$787.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance; \
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
..._.......

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

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings: -
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed -provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
Chuc;9-anford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Regional Supervisor w/attachments '-
NPDES Point Source w/attachments �-
DWQ Central Files w/attachments
James & James Environmental/ORC w/attachments
S SWl'Btiikc Wasteivatcr�.iijiorsi.lc�iia Ridac Adult Care 602-14T V-2012-0I92.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0192 County: Burke
Assessed Party: George W.Ware/ Jonas Ridge Adult Care WWTP
Permit No: NCO060224 Amount Assessed: $787.00
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 BURKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
GEORGE W. WARE/ JONAS RIDGE )
ADULT CARE WWTP )
PERMIT NO. NCO060224 ) FILE NO. LV-2012-0192
Having been assessed civil penalties totaling $787.00 for violation(s)as set forth in the
assessment document of the Division of Water Quality dated November 2, 2012,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 Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 2, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9650
Ms. Karen E. Andrews, Town Manager
Town of Rutherfordton
129 North Main Street
Rutherfordton,North Carolina 28139
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 NCO025909
Town of Rutherfordton
Rutherfordton WWTP
Case No. LV-2012-0193
Rutherford County
Dear Ms. Andrews:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$637.00
($500.00 civil penalty+ $137.00 enforcement costs) against the Town of Rutherfordton.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by the Town of Rutherfordton for the month of May 2012.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0025909. The violations which occurred in
May 2012 are summarized in Attachment A to this letter.
Based upon the above facts,I conclude as a matter of law that the Town of Rutherfordton violated
the terms, conditions or requirements of NPDES Permit NCO025909 and G.S. 143-215.1(a)(6) in
the manner and extent shown in Attachment A. In accordance with the maximums established by
G.S. 143-215.6A(a)(2), a civil penalty maybe assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
the Town of Rutherfordton:
NorthCarohna
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SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone:[phone]\FAX:[phone]
Internet:www.newaterguality.org

2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$500.00 NC0025909,by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for COPPER.
$500.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$637.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures. ,-
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative '
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
-

determining whether a remission request will be approved,the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations;or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions(Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission,you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing,and Stipulation of Facts"form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings: -
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed -provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck Cranford,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Regional Supervisor w/attachments
NPDES Point Source w/attachments
DWQ Central Files w/attachments
S:\SWP\Ruflierfb zstc�retcr`uVti�niciti�l';llutherfi;rdtan���1 TI' 7 jt7�};L V-2fj1?-OI{)3.ihoc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0193 County: Rutherford
Assessed Party: Town of Rutherfordton
Permit No: NC0025909 Amount Assessed: $637.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

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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
TOWN OF RUTHERFORD/ )
RUTHERFORDTON WWTP )
PERMIT NO.NCO025909 ) FILE NO. LV-2012-0193
Having been assessed civil penalties totaling $637.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 2, 2012,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 Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 2,2012
Mr. Chad Parker, Director, Public Works
Jackson County
401 Grindstaff Cove Road
Sylva,NC 28779
Subject: No Exposure Certification—Approval
NCGNE0721
Jackson County Garage and Vehicle Maintenance
Jackson County
Dear Mr. Parker:
The Division has reviewed your application for a No Exposure Certification for Exclusion(NE) for the Jackson
County Garage and Fleet Maintenance at 876 Skyland Drive in Sylva. Based on the information provided and a site
visit conducted on May 16, 2012, the NE has been approved. The Division is also hereby rescinding your previous
No Exposure Permit NCGNE0082, which was issued for the location at 110 Mark Watson Park.
As discussed during the site visit,no fleet vehicles shall be washed on-site where there is direct access for runoff to
enter Scott's Creek. To the extent possible, a vegetative berm shall be maintained along Scott's Creek, a Classified
C-Trout waterbody.
Please note that you are obligated to maintain no-exposure conditions at your facility. If conditions change such
that your facility can no longer qualify for a NE, you are obligated to immediately obtain NPDES permit
coverage for your stormwater discharge. Otherwise, the discharge becomes subject to enforcement as an un-
permitted discharge. Your NE does not expire. In order to help assure that your facility stays in compliance
with all of the conditions in the Certification,you must self-recertify your facility at least annually. Please
see the attachment for information on self-recertification.
Your conditional exclusion from permitting does not affect your facility's legal requirements to obtain
environmental permits that may be required under other federal, state,or local regulations or ordinances.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] One
Internet:www.ncwaterquality.org NorthCarohna
An Equal Opportunity 1 Affirmative Action Employer
attr all

Mr.Parker
November 2,2012
Page 2 of 2
If you have any questions or need further information,please contact Susan A. Wilson at(828)296-4665, or at `�J!
susan.a.wilson @ncdenr.gov.
Sincerely, ,7
(( ,�f
for Charges Wakild,P.E.
cc: Stormwater Permitting Unit/Ken Pickle,No-Exposure Files
David Monteith, Jackson County Garage (mailing address as above)
ARO Files
SASWP\Jackson\Stormwater\3-No ExposuresUackson Co Garage\APRVL.NCGNE0721.Jackson Co Garage.11 2012.doc
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 5, 2012
Avery County
TIP BK-5117
DWQ Project 20110196V.2
NCSR 1166 (Big Horse Creek Road)
Approval of 401 Water Quality Certification with Additional Conditions
Mr.Michael Pettyjohn,PE
Division 11 Engineer
North Carolina Department of Transportation
Post Office Box 250
North Wilkesboro,North Carolina,28659
Dear Mr.Pettyj ohn:
You have our approval, in accordance with the conditions listed below,for the following impacts in Little Horse Creek for
the purpose of replacing Bridge No. 16 with a 65-foot long double barrel 12-foot by 7-foot reinforced concrete box culvert
on NCSR 1166 (Big Horse Creek Road)in Avery County:
Stream Impacts in the French Broad River Basin
Site Permanent Fill Bank Permanent Temporary Total Stream
in Intermittent Stabilization Fill in Impacts in Stream Impacts
Stream (linear in Perennial Perennial Perennial Impact Requiring
ft) Stream Stream Stream (linear ft) Mitigation
linear ft) (linear ft) linear ft) linear ft
Site 1 0 85 65 80 230 0
Total 0 85 65 1 80 1 230 1 0
Total Permanent Stream Impacts for Project: 1501in.ft.Total Temporary Stream Impacts for Project: 80 linear ft.
Wetland Impacts in the French Broad River Basin
Site Fill Fill Excavati Mechanized Hand Area Total
(ac) (temporary) on Clearing Clearing under Wetland
(ac) (ac) (ac) (ac) Bridge Impact
(ac) (ac)
Site 1 0.0 0.04 0.0 0.0 0.0 0.0 0.04
Total 0.0 0.04 0.0 0.0 0.0 0.0 0.04
Total Wetland Impact for Project: 0.04 riverine.acres.
The project should be constructed in accordance with your application dated October 24, 2012 (received October 31,
2012),including the environmental commitments made in the application letter. After reviewing your application,we
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollna
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 `/
Internet: www.ncwaterquality.org naturally
An Equal Opportunity,Affirmative Action Employer

Mr.Michael Pettyjohn,PE
November 5,2012
Page Two
have decided that these impacts are covered by General Water Quality Certification No. 3886, 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.
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. The permittee shall use /Design Standards in Sensitive Watersheds/ [15A NCAC 4B.0124 (a)-(e)] in areas
draining to trout waters. However, due to the size of the project,NCDOT shall not be required to meet 15A
NCAC 4B .0124(a)regarding the maximum amount of uncovered acres. Temporary cover(wheat, millet, or
similar annual grain) or permanent herbaceous cover shall be planted on all bare soil within 15 business days
of ground disturbing activities to provide erosion control.
Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian
areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in
conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed
steep slopes with the following exceptions. Erosion control matting is not necessary if the area is contained
by perimeter erosion control devices such as silt fence, temporary sediment ditches, basins, etc. Matting
should be secured in place with staples, stakes, or wherever possible, live stakes of native trees. Erosion

Mr.Michael Pettyjohn,PE
November 5,2012
Page Three
control matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge and entrap
small animals. For the establishment of temporary groundcover within riparian areas,hydroseeding along
with wood or cellulose based hydro mulch applied from a fertilizer-and limestone-free tank is allowable at the
appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood
cellulose mulch into surface waters is prohibited. Riparian areas are defined as a distance 25 feet landward
from top of stream bank.
5. 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.
6. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout
spawning seasons of October 15 through April 15 to protect the egg and fry stages of trout.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
13. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and
red maple) must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
14. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
15. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic
life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
16. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
17. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants,hydraulic fluids,or other toxic materials.

Mr.Michael Pettyjohn,PE
November 5,2012 ,-
Page Four
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.
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.

Mr.Michael Pettyjohn,PE
November 5,2012
Page Five
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,
611 Charles Wakild, P.E., erector
Division of Water Quality
Attachments
cc: Monte Matthews,USACE,Raleigh Field Office
Heath Slaughter,Division 11,DEO
Neil Trivette,Roadside Environmental
Marla Chambers,NCWRC
Transportation Permitting Unit
Asheville Regional Office
20110196V.2(Pettyjohn)NCSR 1166(Big Horse Creek Road)

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue < Charles Wakild, P.E. Dee Freeman
Governor Director
Secretary
November 5, 2012
Susan C. Holman
33 Lotus Place
Asheville,NC 28804
Subject: 401 Water Quality Certification Approval
Project Name: Susan Holeman Wall Repair
DWQ Project# 12-0959
Rutherford County
Broad River Basin/Lake Lure/9-(17)/B; Tr
Dear Ms. Holman:
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 linear feet of open waters for the purpose
of home repair at the subject property. This approval requires you to follow the conditions listed in the
attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows
you to use Regional General/Nationwide 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,trout buffer, and floodplain 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 25 linear feet Behind boat house wall
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]t FAX:[phone] 1��One
Internet:www.ncwaterquality.org NorffiCarolina
An Equal Opportunity 1 Affirmative Action Employer
Naturalll,f

Susan Holman
November 5,2012
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 Tim Fog in the Asheville Regional Office at 828-
296-4664.
Sincerely,
r ;
for Charles Wakild,P.E., Director
CWltrf
Enc: GC3898
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
Clint Calhoun Town of Lake Lure
WeBSCaPe Unit—Central Office
File Copy
S:\SWP\Rutherford\401s\Non-DOT\Susan Holman\APRVL.401.SusanHolman.11-05-12.doc

Aral
RMENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 5, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9681
Mr. R. Belvin Hall,Assistant Director,Maintenance
Buncombe County Schools
175 Bingham Road
Asheville,North Carolina 28806
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 NCO066796
Buncombe County Schools
Leicester Elementary School WWTP
Case No. LV-2012-0199
Buncombe County
Dear Mr. Hall:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$587.00
($450.00 civil penalty+ $137.00 enforcement costs) against Buncombe County Schools.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by Buncombe County Schools for the month of June 2012.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0066796. The violations which occurred in
June 2012 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Buncombe County Schools violated
the terms, conditions or requirements of NPDES Permit NCO066796 and G.S. 143-215.1(a)(6) in
the manner and extent shown in Attachment A. In accordance with the maximums established by
G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, l, Chuck Cranford,Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
Buncombe County Schools:
One
NorthCarolina
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]
Internet:www.ncwaterguality.org

2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$200.00 NC0066796,by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0066796,by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD - Conc.
$450.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$587.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c),in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
2 82.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over ,-
which the Environmental Management Commission has regulatory authority; and Ji
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please

prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved,the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing,and Stipulation of Facts"form
' within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
-% you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative.Hearings within thirty(30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed -provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources -
1601 Mail Service Center '
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions,please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
ATTACHMENTS Asheville Regional Office
cc: DWQ Regional Supervisor w/attachments
NPDES Point Source w/attachments '
DWQ Central Files w/attachments
RPB Systems/ORC w/attachments
ti:+S�i`[",8 �u3n�be•.li i5ter� t r l7ioor`,I...�cster Elementary 66746\1N-012-ol99.do c

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0199 County: Buncombe
Assessed Party: Buncombe County Schools/ Leicester Elementary WWTP
Permit No.: NC0066796 Amount Assessed: $587.00
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.I(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
BUNCOMBE COUNTY SCHOOLS / )
LEICESTER ELEMENTARY WWTP )
PERMIT NO.NCO066796 ) FILE NO. LV-2012-0199
Having been assessed civil penalties totaling S587.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 5, 2012,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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NCDiw�
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 5, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9698
Mr. Radford L. Thomas, Director, Public Utilities
City of Lenoir
P.O. Box 958
Lenoir,North Carolina 28645-0958
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO023981
City of Lenoir
Lower Creek WWTP
Case No. LV-2012-0194
Caldwell County
Dear Mr. Radford:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$637.00
($500.00 civil penalty+ $137.00 enforcement costs)against the City of Lenoir.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by the City of Lenoir for the month of May 2012. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NCO023981. The violations which occurred in
May 2012 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the City of Lenoir violated the
terms, conditions or requirements of NPDES Permit NCO023981 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, Chuck Cranford, Division of Water-Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
the City of Lenoir:
NorthCarolina
NaAma!!ry
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE 1W'
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone:[phone]\FAX:[phone]
Internet:www.ncwaterguaiity.org

I of the 1 violations of G.S. 143-215.l(a)(6) and NPDES Permit No.
$500.00 NCO023981, by discharging waste water into the waters of the State
in violation of the Permit Weekly Geometric Mean limit for FEC
COLI.
$500.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$637.00 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: lv
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention o£
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved,the following factors shall be

considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing,and Stipulation of Facts"form
within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

A
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, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center \
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions,please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely, d
F
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Regional Supervisor w/attachments -
NPDES Point Source w/attachments
DWQ Central Files w/attachments
fi `>4t P"Caldt tll`,Waste-,Maier Mtjniciptit Lobar Creels WWI P=398 PA- `-201?0194.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0194 County: Caldwell
Assessed Party: City of Lenoir I Lower Creek WWTP
Permit No.: NC0023981 Amount Assessed: $637.00
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 CALDWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
CITY OF LENOIR/ LOWER CREEK WWTP )
}
PERMIT NO.NCO023981 ) FILE NO. LV-2012-0194
Having been assessed civil penalties totaling $637.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 5, 2012,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 Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 5, 2012
Chris Gustin
Republic Services of North Carolina LLC
2800 Cheraw Rd
Lenoir NC 28645
SUBJECT: NPDES Stormwater Permit Compliance Inspection
Republic Services Of NC LLC - Lenoir
Permit No: NCG120060
Caldwell County
Dear Mr. Gustin:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
October 25, 2012. The facility was found to be in compliance with permit NCG120060.
Enclosed is a copy of the Compliance Inspection Report,which contains important observations
and comments for your reference.
Please contact me at [phone] or [e-mail],if I can be of any further
assistance.
Sincerely,
Linda Wiggs
Environmental Senior Specialist
Surface Water Protection
Enclosure
cc: Central Files
Asheville Files
ARO-DEMLR
ARO-DWM
S:\SWP\Caldwell\Stormwater\NCG12 Landfills\Poothills Landfill\Oct 25,2012 visit\CELLTR.0ct2012.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]\FAX:[phone] N6f ffiCar'ohna
Internet:www.ncwaterquality.org
vViatlll''t�lly
An Equal Opportunity,Affirmative Action Employer

Compliance Inspection Report
Permit: NCG120060 Effective: 11/01/07 Expiration: 10/31/12 Owner: Republic Services of North Carolina LLC
SOC: Effective: Expiration: Facility: Republic Services Of NC LLC-Lenoir
County: Caldwell 2800 Cheraw Rd
Region: Asheville
Lenoir NC 28645
Contact Person: Chris Gustin Title: Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 1 012 5/2 0 1 2 Entry Time: 02:15 PM Exit Time: 04:15 PM
Primary Inspector: Linda S Wiggs Pill Phone: [phone]
Secondary Inspector(s): Ext.4653
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Landfill.Stormwater Discharge COC
Facility Status: ■ Compliant 0 Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1

A
Permit: NCG120060 Owner-Facility: Republic Services of North Carolina LLC
Inspection Date: 10/25/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Linda Wiggs (DWQ)and Kristin Hicklin (DEMLR) performed a site inspection on October 25, 2012. Chris Gustin
(Republic Environmental Mgr)was present.
The landfill will be creating or recreating forebays in their basins to aid in effectiveness and maintenance. The riser barrel
and stone filter needs to be repaired at basin 1.
The stream, as well as the ditchline along the haul road, has improved since the last inspection. This is a large landfill
with a lot going on which will require constant attention to maintenance of measures. The creative use of a landfill liner in
the ditchline appears to be a solid resolution to a problem area for this landfill. Keeping the liner clean and making sure
water doesn't undercut it will be necessary.
DWQ inspector was concerned that the sediment load and turbidity levels in the basins could be an issue in meeting
analytical benchmarks numbers. Maintenance and the forebays should help alleviate this problem.
Noted benchmark exceedances from previous sampling were as follows:
12/13/2010 Fecal=1600, TSS=688
6/6/2012 TSS 364
Page: 2

Permit: NCG120060 Owner-Facility: Republic Services of North Carolina LLC
Inspection Date: 10/25/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? n n n ■
Comment: The new permit will separate the qualitative monitoring from the visual
monitoring. Qualitative monitoring is performed twice a year at your stormwater
discharge outfall locations to evaluate the water discharging and any erosion gullies that
may be forming at your outfall point.
The visual monitoring is performed weekly and after 0.5" of rain to evaluate all your
erosion control devices (ditches, basins, matting, seeding)to determine if they are
working properly or in need of maintenance. This requirement is to keep you on track
with repairs and/or maintenance needed, i.e. gully/rills formed that need to be fixed or
matting/mulch added, basin/trap needing sediment removed, etc.
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? ■ n n n
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas?
Comment: Analytical monitoring is essential to understanding how your protective
measures are working and if the receiving stream is being impacted by the landfill.
Mountain rain events that will cause a discharge tend to happen in the evening or
r overnight hours. Therefore it is acceptable to sample the outfalls outside of the 30
minute timeframe if they are discharging. For example, if you come into work in the
morning after a rain event and the basins are discharging, go ahead and sample. It is
best to have samples taken within the first 30 minutes of discharge, but if that is difficult
to obtain and causing you to report "no flows", then you are allowed to sample outside
of the 30 minute timeframe.
Permit and Outfalls Yes No NA NE
#Is a copy of the Permit and the Certificate of Coverage available at the site? n n n ■
#Were all outfalls observed during the inspection? ■ C) D n
#If the facility has representative outfall status, is it properly documented by the Division? Cl n ■ n
#Has the facility evaluated all illicit(non stormwater)discharges? ❑ ❑ 0 ■
Comment: All outfalls were observed. There was some sediment beyond the basin at
an outfall that DLR requested be removed by hand.
The outfalls are all basically rip rap stone. Sampling flows moving over or through rip
rap can be difficult. It was suggested that some rip rap manually be removed or
rearranged below the outfall pipes to create a small pooling area for sampling ease.
Page: 3

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
November 6,2012
Timothy Barth, Town Manager
Town of Maggie Valley
3987 Soco Road
Maggie Valley,NC 28751
Subject: NOTICE OF VIOLATION
NOV-2012-DV-0219
Permit No. WQCS00122
Town of Maggie Valley
Maggie Valley Collection System
Haywood County
Dear Mr. Barth:
A review has been conducted of Maggie Valley Collection System's self reported Sanitary Sewer
Overflows(SSO's)5-Day Report submitted by the Town of Maggie Valley Public Works Director. This
review has shown the subject facility to be in violation of the requirements found in Collection System
Permit WQCS00122 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) 10/03/2012 Sanitary Sewer Overflow Discharge
NOV-2012-DV-0219 900 Gallons Without Valid
Permit
Incident#201201676 Jonathan Creek
Remedial actions should be taken to correct this problem.Please provide more information by
November 21,2012,detailing how the tree damaged the line and how much wastewater reached
Jonathan Creek. Also,provide previous inspection information relating to this high priority line.
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 Linda Wiggs at 828-296-4500.
Sincerely, F
7
Chuck Cranford,RegionalSupervisor
Surface Water Protection Section
Asheville Region
Cc: DWQ ARO Files
�-� DWQ Central Files
PERCS Unit
S:\SWP\Haywood\Collection Systems\Maggie Valley WQCS00122\NOV-2012 DV-0219.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL FFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778W One
Phone:[phone]\FAX:[phone] NOrChCarolila
Internet:www.ncwaterguality.org ;Vahzrallff

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NCQENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
November 6,2012
Tony Smith,Maintenance Supervisor
Foothills Correctional Institution
5150 Western Ave
Morganton NC 28655
Subject: NOTICE OF VIOLATION_
NOV-2012-DV-0218
Permit No.WQCSDO588
Foothills Correctional Institution
Burke County
Dear Mr. Smith:
A review has been conducted of Foothills Correctional Institution Collection System's self reported
Sanitary Sewer Overflows(SSO's) 5-Day Report submitted by Foothills Correctional Institution. This
review has shown the subject facility to be in violation of the requirements found in Collection System
Permit WQCSD0588 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below.
F
Area Violation Date Description Violation Type
CSO/SSO(Sewer Overflow) 10/07/2012 Sanitary Sewer Overflow Discharge Without
NOV-2012-DV-0218 2,500 Gallons Valid Permit
Incident#201201705 Hunting Creek
Remedial actions should be taken to correct this problem. Please provide more information by
November 21,2012,regarding how this will be prevented in the future,as well as how much of the
wastewater reached Hunting Creek.
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 Linda Wiggs at
828-296-4500.
Sincerely,
Chuck`Cranford,'Regional Supervisor
Surface Water Protection Section
Asheville Region
Cc: DWQ ARO Files
DWQ Central Files
PERCS Unit
S•\SWP\Rnrke\Cnlle.ctinn Syyctem gantnn Cnllectinn Syst(-,m\N0V-7012-r)V-021 R Mr.
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778p P�
Phone:[phone]\FAX:[phone] NorthCaro/l/ina
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WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 7, 2012
Mr. J. B. Setzer,P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection
NCSR 1006 Howard Gap Road
DWQ Project 2011-1101
TIP No.R-5207B
Henderson County
Dear Mr. Setzer:
On November 1,2012, I inspected the construction work on Howard Gap Road in Henderson County.
Construction work has started with clearing, grubbing and installation of sediment and erosion control
measures.
Please ensure that all sediment and erosion control structures are being maintained as required and that seeding
and mulching are being performed as needed,to protect State surface waters. 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
Howard Gap Road R-52071nspection Letter November 2012
i
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] 011E
Internet:www.ncwatemua tiv A.c N©rthCarohna
An Equal Opportunity Affirmative Action Employer
Natural&

Wetland Inspection Report
Project Num: 20111101 Version: 1 Status: Issued
Project Name: NCDOT-SR 1006(R-5207B) Project Type: Road/Highway Widening
County: Henderson Region: Asheville
Location: NCDOT-SR 1006(R-5207B)
Latitude: +35°23'44" Longitude: -82°29'16"
SW Plan Location:
Site Owner Name: NC DOT Division 14-Sylva
Inspection Date: 11/01/2012
Reason for Inspection: Routine
Inspection Type:Site Inspection(DOT)
Inspection Contact Person: Title: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
■ Permit(401 WQC)
Inspection Summary:
Inspected project with NCDOT staff.
Clearing and grubbing have been performed on part of the project.
Sediment and erosion control structures have been installed.
Continue to maintain sediment and erosion control devices.
Seed and mulch all bare areas as required.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n In In
Are the culverts and/or filled areas installed properly? In In n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ❑ n ❑
Comment:
Page: 1

�fii�►
irciDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 7,2012
Mr.J.B. Setzer,P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection-NCSR 1533
TIP No.B-4291.
Transylvania County
Dear Mr. Setzer:
On November 1,2012,I inspected the construction work for the new bridge over the Davidson River on NCSR
1533 in Transylvania County. Sediment and erosion control structures appear to be maintained and working
properly.
Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are
performed as needed to protect State surface 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: Aaron Powell,PE
Mark Davis,Division 14,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
(Setzer)NCSR 1533 B-4291 Inspection Letter November 2012
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swahnanoa.NC 28778-8211
Phone:[phone] FAX:[phone]
Intemet:www.ncwateraualitv.org One
NorthCarolina
An Equal Opportunity;Affirmative Action Employer ;Vat frall'r

Site Inspection Report
Site Number: WT000782
Site Name: B-4291
Site Address:
County: Transylvania Region: Asheville
Directions:
Latitude: Longitude:
Site Owner Name: Thorpe,Gregory J.
Inspection Date: 11/01/12
Reason for Inspection: Routine
Inspection Type: Site Inspection(DOT)
Inspection Contact Person: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: E Compliant ❑ Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
Looked at project site while contractor was on site.
Cored slab bridge has been installed across Davidson River.
Approach slabs,grading and paving have not been completed.
Sediment and erosion control measures appeared to be working properly.
Continue to maintain sediment and erosion control measures.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? m n n n
Are the culverts and/or filled areas installed properly? ■ ❑ n n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ❑ n n
Comment:
Page: 1

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman
Governor Director Secretary
November 7, 2012
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 1,2012,I inspected the construction work on Upward Road between US Highway 176 and
Howard Gap Road in Henderson County. Construction work is continuing all along Upward Road between
f Howard Gap Road and US Highway 176 with the main focus on grading,culvert installation and paving.
I
Please ensure that all sediment and erosion control structures are being maintained as required and that seeding
and mulching are being performed as needed,to protect State surface 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-44301nspection Letter November 2012
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Internet:www.nnity k Affirmative
Action
NorthCarolina
An Equal Opportunity!Affim�ative Action Employer

Wetland Inspection Report
Project Num: 20081327 Version: 1 Status: Issued
Project Name: NCDOT-SR 1783(R-4430) Project Type: Road/Highway Widening
County: Henderson Region: Asheville
Location: NCDOT-SR 1783(R-4430)
Latitude: +35°1T51" Longitude: -82°24'25"
SW Plan Location:
Site Owner Name: NC DOT PDEA
Inspection Date: 11/01/2012
Reason for Inspection: Routine
Inspection Type:Site Inspection(DOT)
Inspection Contact Person: Title: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: E Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
Looked at project with NCDOT staff and contractor representative.
Repair silt fence throughout project.
Complete placement of sediment control stone around catch basins as soon as risers are installed.
Seed and mulch all disturbed areas as soon as possible.
Continue to maintain sediment and erosion control devices.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? 0 0 Q
Are the culverts and/or filled areas installed properly? 0 0 ❑ n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? fl fl Q
Comment:
Page: 1

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director
Secretary
November 6, 2012
James Dennis
Mountain Housing Opportunities Inc.
64 Clingman Ave, Suite 101
Asheville,NC 28801
Subject: 401 Water Quality Certification -Approval
Project Name: Glen Rock
DWQ Project# 12-0950
Buncombe County
French Broad River Basin/UT to French Broad 1 Class B
Dear Mr. Dennis:
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 270 linear feet of streams for the purpose of
Stream bank stabilization and sediment removal at the subject property. This approval requires you to follow
the conditions listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3885. This Certification allows
you to use Regional General/Nationwide Permit 13 when issued by the US Army Corps of Engineers
(USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application and as authorized by this Certification shall expire upon expiration of the corresponding
USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you proceed with your project including(but not limited to)Erosion and
Sediment Control, buffer, and flood plain 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 270 linear(feet) UT to French Broad River
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]M FAX:[phone] 1��Otie 1
Internet:www.ncwaterquality.org 1 V orffiCarolina
An Equal Opportunity\Affirmative Action Employer Nahn di4

Mountain Housing Opportunities Inc.
November 6,2012
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 ad judicatory 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 Tim Fog in the Asheville Regional Office at 828-
296-4664.
Sincerely, r
for Chailes Wakild, P.E.,Director
CWltrf
Enc: GC3885
Certificate of Completion --
cc: USACE Asheville Regulatory Field Office
WeBSCaPe Unit—Central Office
McCray Coates City of Asheville Storm Water Services
Chris Day P.E. Civil Design Concepts
File Copy
S:\SWP\Buncombe\401s\Non-DOT\Glen Rock\APRVL.401.G1enRock.11-06-12.doc

RCD
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director
Secretary
November 6,2012
Madison County
TIP B-4182
DWQ Project 20080102V.2
NCSR 1503 (Upper Laurel Road)
Approval of 401 Water Quality Certification with Additional Conditions-Modification
Dr. Gregory J.Thorpe,Ph.D.
Environmental Management Director
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh,North Carolina, 27699-1598
Dear Dr. Thorpe:
You have our approval, in accordance with the conditions listed below,for the following impacts in Big Laurel Creek for
1 the purpose of replacing Bridge No. 246 with a double-barrel 84-foot long, 12-foot by 7-foot,reinforced concrete box
culvert on NCSR 1503 (Upper Laurel Road)in Madison County:
Stream Impacts in the French Broad River Basin
Site Stream Bank Permanent Temporary Total Stream
Relocation in Stabilization Fill in Impacts in Stream . Impacts
Perennial in Perennial Perennial Perennial Impact Requiring
Stream Stream Stream Stream (linear ft) Mitigation
(linear ft) linear ft) (linear ft) linear ft) linear ft
Site 1 50 92 84 155 381 0
Total 50 1 92 1 84 1 155 381 1 0
Total Permanent Stream Impacts for Project:226 lin. ft.Total Temporary Stream Impacts for Project: 155 linear ft.
The project should be constructed in accordance with your application dated October 10, 2012 (received October 22,
2012), 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.3891 and 3893,corresponding to
the U.S. Army Corps of Engineers Nationwide Permit Numbers 23 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
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NoTC11Ca1 Ohfla
Phone:: www.6 45001 FAX: 99-7043i Customer Service:1-877 623-6748
Internet: www.ncwaterquality.org L
An Equal Opportunity t Affirmative Action Employer

Dr. Gregory Thorpe,Ph.D.
November 6,2012
Page Two
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.
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 Carolin(`-',,
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. The permittee shall use /Design Standards in Sensitive Watersheds/ [15A NCAC 4B.0124 (a)-(e)] in areas
draining to ORW and trout waters. However, due to the size of the project,NCDOT shall not be required to
meet 15A NCAC 4B .0124(a)regarding the maximum amount of uncovered acres. Temporary cover(wheat,
millet, or similar annual grain) or permanent herbaceous cover shall be planted on all bare soil within 15
business days of ground disturbing activities to provide erosion control.
Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian
areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in
conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed
steep slopes with the following exception. Erosion control matting is not necessary if the area is contained
by perimeter erosion control devices such as silt fence, temporary sediment ditches, basins, etc. Matting
should be secured in place with staples, stakes,or wherever possible, live stakes of native trees. Erosion
control matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge and entrap
small animals. For the establishment of temporary groundcover within riparian areas,hydroseeding along
with wood or cellulose based hydro mulch applied from a fertilizer-and limestone-free tank is allowable at the
appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood
cellulose mulch into surface waters is prohibited. Riparian areas are defined as a distance 25 feet landward
from top of stream bank.

Dr. Gregory Thorpe,Ph.D.
November 6,2012
Page Three
5. For projects impacting waters classified by the NC Environmental Management Commission as Trout Jr),
High Quality Waters (HQW), or Water Supply I or 1I (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.
6. In-stream work and land disturbance within the 25-foot buffer zone are prohibited during the trout-spawning
season of October 15 through April 15 to protect the egg and fry stages of trout.
7. NCDOT is providing off-site mitigation of 134 linear feet through the North Carolina Ecosystem Enhancement
Program by letter dated August 8,2012.
8. 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.
9. 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.
i� 10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. The Permittee shall ensure that the final design drawings adhere to the permit and to.the permit drawings submitted
for approval.
20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.

Dr. Gregory Thorpe,Ph.D.
November 6,2012
Page Four
21. 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.
22. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
23. 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.
24. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
25. 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.
26. 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.
27. 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.
28. 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.
29. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
30. 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.
J�� l

Dr. Gregory Thorpe,Ph.D.
November 6,2012
Page Five
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,
� a r
Li—Charles Wakild,P.E.,Director
Division of Water Quality
Attachments
cc: Lori Beckwith,USACE,Asheville Field Office
Roger Bryan,Division 13,DEO
Ed Ingle,Roadside Environmental
Marla Chambers,NCWRC
Transportation Permitting Unit
Asheville Regional Office
20080102V.2(Thorpe)B4182 NCSR 1503(Upper Laurel Road)

/_
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J
__.__

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 7, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9711
Mr. Radford L. Thomas, Director, Public Utilities
City of Lenoir
P.O. Box 958
Lenoir,North Carolina 28645-0958
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO023736
City of Lenoir
Gunpowder Creek WWTP
Case No.LV-2012-0202
Caldwell County
Dear Mr. Thomas:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$3,887.00 ($3,750.00 civil penalty+ $137.00 enforcement costs) against the City of Lenoir.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the City of Lenoir for the month of May 2012. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0023736. The violations which occurred in
May 2012 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the City of Lenoir violated the
terms, conditions or requirements of NPDES Permit NCO023736 and G.S. 143-215.1(a)(6)in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
the City of Lenoir:
ne
NorthCarolina
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE ,v
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]
Internet:www.ncwaterquality.orq

1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$625.00 NC0023736, by discharging waste water into the waters of the State
in violation of the Permit Weekly Geometric Mean limit for FEC
COLL
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$625.00 NC0023736, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for NH3-N- Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$625.00 NC0023736, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$1,875.00 NC0023736, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N- Conc.
$3,750.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$3,887.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
2 82.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved,the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.I(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission,you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
i
- 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, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30)days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck C nford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Regional Supervisor w/attachments
NPDES Point Source w/attachments
DWQ Central Files w/attachments
5 S��F":Cald�4elC,�tFz;tetra¢Ater`\i{ iciFai'C;t3npswderCreek 2373011_V-20I2-0202doc

-
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0202 County: Caldwell
Assessed Party: City of Lenoir/ Gunpowder Creek WWTP
Permit No.: NCO023736 Amount Assessed: $3,887.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

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aTATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF CALDWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
CITY OF LENOIR/ GUNPOWDER CREEK )
WWTP }
PERMIT NO.NCO023736 ) FILE NO LV-2012-0202
Having been assessed civil penalties totaling$3,887.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 7,2012,the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of .520
SIGNATURE
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakiid, P.E. Dee Freeman
Governor Director Secretary
November 7, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9728
Mr. Radford L. Thomas, Director, Public Utilities
City of Lenoir
P.O. Box 958
Lenoir,North Carolina 28645-0958
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and NPDES Permit NCO023736
City of Lenoir
Gunpowder Creek WWTP
Case No. LV-2012-0201
r` Caldwell County
Dear Mr. Thomas:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$3,637.00 ($3,500.00 civil penalty+ $137.00 enforcement costs) against the City of Lenoir.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by the City of Lenoir for the month of April 2012. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0023736. The violations which occurred in
April 2012 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the City of Lenoir violated the
terms, conditions or requirements of NPDES Permit NCO023736 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
the City of Lenoir:
One
NorthCarolina
�atura!!r�
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone: [phone]\FAX:[phone]
Internet:www.ncwaterguality.org

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. \
$1,500.00 NC0023736, 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.l(a)(6)and NPDES Permit No.
$2,000.00 NC0023736, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for NH3-N- Conc.
$3,500.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$3,637.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
2 82.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over -
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please

prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved,the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings: (- >
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five(5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
r
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Regional Supervisor w/attachments
J,
NPDES Point Source w/attachments
DWQ Central Files w/attachments
S SWf1(ailu'�,u1PI astew,,ite � 7uzueipali(:iunl.ioN-cier Creek 23736\LV-2012-020Ldoe

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0201 County: Caldwell
Assessed Party: City of Lenoir/Gunpowder Creek WWTP
Permit No.: NCO023736 Amount Assessed: $3,637.00
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 CALDWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
CITY OF LENOIR/ GUNPOWDER CREEK )
WWTP )
PERMIT NO.NCO023736 ) FILE NO. LV-2012-0201
Having been assessed civil penalties totaling $3,637.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 7, 2012,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 Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 7, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9735
Mr. Radford L. Thomas, Director,Public Utilities
City of Lenoir
P.O. Box 958
Lenoir,North Carolina 28645-0958
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO023736
City of Lenoir
Gunpowder Creek WWTP
Case No. LM-2012-0026
Caldwell County
Dear Mr. Thomas:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,637.00 ($1,500.00 civil penalty+$137.00 enforcement costs) against the City of Lenoir.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the City of Lenoir for the month of March 2012. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0023736. The violations which occurred in
March 2012 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the City of Lenoir violated the
terms, conditions or requirements of NPDES Permit NCO023736 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford,Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
the City of Lenoir:
None
rthCarolina
Naturally
SURFACE WATER PROTECTION-ASHEVILLE REGIONAL OFFICE,,-,—
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]
Internet:www.ncwaterguali!y.org

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. `
$.00 NC0023736, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for NH3-N - Cone.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$1,500.00 NC0023736, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N- Cone.
$.00 For 0 of the 1 failures to properly monitor CYANIDE in violation of
NPDES Permit No.NC0023736.
$.00 For 0 of the 1 failures to properly monitor MERCURY- Conc in
violation of NPDES Permit No.NC0023736.
$1,500.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$1,637.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
2 82.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice,you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of.
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR ,
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.

Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
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
r' was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission,you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing,and Stipulation of Facts"form
within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.,except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five(5)business days

following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center '--'
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions,please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500. J
Sincerely, Z-5
Chuck Branford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Regional Supervisor w/attachments
NPDES Point Source w/attachments
DWQ Central Files w/attachments
i T4'F'!.CaldGveli`G4'a tewa[eriLhsnicipal'C unp tvder Creek? i361J M-220(2-00-6.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LM-2012-0026 County: Caldwell
Assessed Party: City of Lenoir/ Gunpowder Creek WWTP
Permit No.: NCO023736 Amount Assessed: $1,637.00
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:
r

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STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF CALDWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
CITY OF LENOIR/ GUNPOWDER CREEK )
WWTP )
PERMIT NO.NCO023736 ) FILE NO. LM-2012-0026
Having been assessed civil penalties totaling $1,637.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 7, 2012,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 120
SIGNATURE
ADDRESS
TELEPHONE

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WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman
Governor Director Secretary
November 7, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9742
Mr. George W. Ware
P.O. Box 658
Newland,North Carolina 28657-0658
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 NCO060224
George W. Ware
Jonas Ridge Adult Care Facility WWTP
Case No. LM-2012-0027
Burke County
Dear Mr. Ware:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$487.00
($350.00 civil penalty+ $137.00 enforcement costs) against George W. Ware.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by George W. Ware for the month of June 2012. This review
has shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NC0060224. The violations which occurred in June 2012
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that George W. Ware violated the terms,
conditions or requirements of NPDES Permit NCO060224 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, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
George W. Ware:
or NthCarohna
l �aturallr�
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE 4-
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]
Internet:www.ncwaterguality.org

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0060224, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for NH3-N- Conc. l� \
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0060224,by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N- Conc.
$.00 For 0 of the 1 failures to properly monitor CHLORINE in violation
of NPDES Permit No.NC0060224.
$350.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$487.00 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; r—
(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.
r In order to request remission,you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing,and Stipulation of Facts"form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed -provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions,please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Regional Supervisor w/attachments
NPDES Point Source w/attachments �
DWQ Central Files w/attachments
James &James Environmental/ORC w/attachments
Sb§'"E urge°:��'ast�tFat�c, lmors',it�a 3�R€ a Adult Care 60224`10-2012-0 2?.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LM-2012-0027 County: Burke
Assessed Party: George W.Ware/ Jonas Ridge Adult Care WWTP
Permit No.: NC0060224 Amount Assessed: $487.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:
-

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STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BURKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
GEORGE W. WARE J JONAS RIDGE ADULT )
CARE WWTP )
PERMIT NO.NCO060224 ) FILE NO. LM-2012-0027
Having been assessed civil penalties totaling $487.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 7, 2012,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 Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 7,2012
Haywood County
DWQ Project 20121014
Bridge No. 216
NCSR 1380(Turkey Creek Road)
Approval of 401 Water Quality Certification with Additional Conditions
Mr. J.B. Setzer,P.E.
Division 14 Engineer
North Carolina Department of Transportation
253 Webster Road
Sylva,North Carolina,28779
Dear Mr. Setzer:
You have our approval, in accordance with the conditions listed below,for the following impacts in Turkey Creek for the
purpose of replacing the existing Bridge No. 216 on NCSR 1380(Turkey Creek Road in Haywood County
:
Stream Impacts in the French Broad River Basin
Site Permanent Fill Streambank Permanent Temporary Total Stream
in Intermittent Stabilization Fill in Impacts in Stream Impacts
Stream (linear (linear ft) Perennial Perennial Impact Requiring
ft) Stream Stream (linear ft) Mitigation
linear ft linear ft linear ft
Site 1 0 53 0 120 173 0
Total 0 53 0 120 173 0
Total Permanent Stream Impacts for Project: 53 lin.ft.Total Temporary Stream Impacts for Project: 120 linear ft.
The project should be constructed in accordance with your application dated October 30, 2012 (received November 5,
2012), 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. 3883, corresponding to the U.S.
Army Corps of Engineers Nationwide Permit Number 3. 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.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna
Phone:[phone]M FAX:[phone] y+ //
Internet: www,ncwaterquality.org �tu[a`!�
An Equal Opportunity,Affirmative Action Employer

Mr.J.B. Setzer,P.E.
November 7,2012
Page Two
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 he valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below.
Condition(s)of Certification:
1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit
without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located
in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction
activities.
2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall
be removed and the natural grade restored upon completion of the project.
3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management.Practices in order to protect surface waters
standards: -
a. The erosion and sediment control measures for the project must be designed, installed, operated, ands-'
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. 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.
5. 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.
6. 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.
7. 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.
8. 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.

Mr. J. B. Setzer;P.E.
November 7, 2012
Page Three
9. Bridge piles and bents shall be constructed using driven piles(hammer or vibratory)or drilled shaft construction
methods. More specifically,jetting or other methods of pile driving are prohibited without prior written approval from
NCDWQ first.
10. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This
water shall be captured,treated, and disposed of properly.
11. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in
this certification.
12. All bridge construction shall be performed from the existing bridge,temporary work bridges,temporary causeways,
or floating or sunken barges. If work conditions require barges,they shall be floated into position and then sunk. The
barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the
bottom of the surface water.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. The Permittee shall ensure that the final design drawings adhere to the permit and,to the permit drawings submitted
for approval.
20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
21. 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.
22. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
23. 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.
24. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
25. 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.
26. 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.
27. 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.

Mr.J.B. Setzer,P.E.
November 7, 2012
Page Four
28. 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.
29. The Permiee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
30. 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,
harles Wakild,P.E.,Director
Division of Water Quality
Attachments
cc: Lori Beckwith,USACE,Asheville Field Office
Mark Davis,Division 14,DEO
Ed Ingle,Roadside Environmental
Marla Chambers,NCWRC
Transportation Permitting Unit
Asheville Regional Office
i
12-1014(Setter)Bridge No.216 NCSR 1380

dh
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 7,2012
Swain County
DWQ Project 20121001
Bridge No. 131
NCSR 1122(Chestnut Cove Road)
Approval of 401 Water Quality Certification with Additional Conditions
Mr. J.B. Setzer,P.E.
Division 14 Engineer
North Carolina Department of Transportation
253 Webster Road
Sylva,North Carolina, 28779
Dear Mr. Setzer:
You have our approval, in accordance with the conditions listed below,for the following impacts in Chestnut Cove Creek
for the purpose of replacing the existing Bridge No. 131 on NCSR 1122(Chestnut Cove Road) in Swain County:
Stream Impacts in the Little Tennessee River Basin
Site Permanent Fill Streambank Permanent Temporary Total Stream
in Intermittent Stabilization Fill in Impacts in Stream Impacts
Stream (linear (linear ft) Perennial Perennial Impact Requiring
ft) Stream Stream (linear ft) Mitigation
linear ft linear ft linear ft
Site 1 0 50 0 100 150 0
Total 1 0 1 50 0 100 150 0
Total Permanent Stream Impacts for Project: 50 lin.ft.Total Temporary Stream Impacts for Project: 100 linear ft.
The project should be constructed in accordance with your, application dated October 30, 2012 (received October 31,
2012), 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. 3883, corresponding to the U.S.
Army Corps of Engineers Nationwide Permit Number 3. 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.
( � SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarohna
Phone:[phone]M FAX:[phone] y+ //
Internet: www.ncwaterquality.org
An Equal Opportunity%Affirmative Action Employer NatuL aLLb,

Mr.J. B.Setzer,P.E.
November 7,2012
Page Two
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. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall
be removed and the natural grade restored upon completion of the project.
3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such'Best Management Practices in order to protect surface waters
standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, ano —)
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. 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.
5. 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.
6. 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.
7. 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.
8. 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.

Mr.J. B. Setzer,P.E.
November 7, 2012
Page Three
9. Bridge piles and bents shall be constructed using driven piles(hammer or vibratory)or drilled shaft construction
methods.More specifically,jetting or other methods of pile driving are prohibited without prior written approval from
NCDWQ first.
10. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This
water shall be captured,treated, and disposed of properly.
11. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in
this certification.
12. All bridge construction shall be performed from the existing bridge,temporary work bridges,temporary causeways,
or floating or sunken barges. If work conditions require barges,they shall be floated into position and then sunk. The
barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the
bottom of the surface water.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
21. 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.
22. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
23. 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.
24. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
25. 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.
26. 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.
27. 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.

Mr.J. B. Setzer,P.E.
November 7, 2012 ;--
Page Four
28. 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.
29. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
30. 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,
. � ���
Charles Wakild,P.E., irector
Division of Water Quality
Attachments
cc: Lori Beckwith,USACE,Asheville Field Office
Mark Davis,Division 14,DEO
Ed Ingle,Roadside Environmental
Marla Chambers,NCWRC
Transportation Permitting Unit
Asheville Regional Office
12-1001(Setter)Bridge No. 131 NCSR 1122

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee freeman
Governor Director Secretary
November 8,2012
Cherokee County
DWQ Project 20121027
NCSR 1556(Martin's Creek Road)
Approval of 401 Water Quality Certification with Additional Conditions-Modification
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 Martin Creek for the purpose of replacing Bridge No. 195 with a single-barrel 55-foot long, 6-foot by 5-foot,reinforced
concrete box culvert on NCSR 1556(Martin's Creek Road)in Cherokee County:
Stream Impacts in the Hiwassee River Basin
Site Temporary Fill Bank Permanent Temporary Total Stream
In Intermittent Stabilization Fill in Impacts in Stream Impacts
Stream Stream Perennial Perennial Impact Requiring
(linear ft) Realignment Stream Stream (linear ft) Mitigation
in Perennial (linear ft) (linear ft) (linear ft)
Stream
inear ft)
Site 1 0 85 55 125 265 0
Total 0 85 55 J 125 265 1 0
Total Permanent Stream Impacts for Project: 140 lin.ft.Total Temporary Stream Impacts for Project: 125 linear ft.
The project should be constructed in accordance with your application dated October 30, 2012 (received November 7,
2012), 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. 3886, 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
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 1�Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCar011na
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 ����N�``��
Internet: www.ncwaterquality.org `
An Equal Opportunity 1 Affirmative Action Employer

Mr.J. B. Setzer,P.E.
November 8,2012
Page Two
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.
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 Caroling
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. NCDOT is providing off-site mitigation of 55 linear feet through the North Carolina Ecosystem Enhancement
Program by letter dated October 25,2012.
5. This project has the potential to impact trout waters or other aquatic species of concern. No construction activities
shall begin until the NCWRC makes a determination regarding moratoria. Should the NCWRC determine that a
moratorium is applicable,then the requirements of any moratorium shall be a condition of this 401 Certification. If
NCDOT does not wish to honor the moratorium,then a written modification shall be requested.
6. 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.
7. 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.

Mr. J. B. Setzer,P.E.
November 8, 2012
Page Three
8. 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.
9. 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.
10. 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.
11. 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.
12. 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. .
13. 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.
14. 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.
15. 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.
16. 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.
17. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
19. 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.
20. No rock, sand or other materials shall be dredged from the stream channel except where 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. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
23. 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.
24. 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.
25. 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.

Mr. J. B. Setzer,P.E.
November 8,2012 -�
Page Four
26. 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.
27. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
28. 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,
Charles Wakild,P.E.,Director
Division of Water Quality
Attachments
cc: Lori Beckwith,USACE,Asheville Field Office
Mark Davis,Division 14,DEO
Ed Ingle,Roadside Environmental
Marla Chambers,NCWRC
Transportation Permitting Unit
Asheville Regional Office
20121027(Setter)Bridge 195 NCSR 1556(Martin's Creek Road)

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 8, 2012
Mr. Glen Parker
388 Hidden Gap Lane
Pisgah Forest,NC 28768
Subject: Request for More Information
401 Water Quality Certification
689 Vess Owen Rd.— Shoreline Stabilization, Wolf Lake (WS-III, B, Trout, HQW)
DWQ Project# 12-0908
Jackson County
Response deadline: December 7, 2012
Dear Mr. Parker:
The Division of Water Quality(DWQ)has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced property. Additional information will be required in order to
complete the review process.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. The DWQ, along with Duke Energy Lake Services, require that you evaluate the feasibility of a)
bioengineered techniques (i.e., native plantings to alleviate soil erosion in lieu of or in
combination with hard structures), b)rip-rap only, and c)the combination of dry stack wall and
rip-rap.
It appears from the information provided that significant erosion is not occurring along the full
length of the property. A dry stack wall may be necessary for only a portion of the property (and
not the full 130 linear feet of shoreline stabilization requested).
If it is the case that significant erosion is limited to certain areas, you should evaluate the
possibility of a small portion of dry stack wall, with the possibility of rip-rap (only) in other
areas.
Location:2090 U.S.Highway 70,Swannanoa.North Carolina 28778
Phone:828-296A5001 FAX:[phone] One
Internet:www.ncwaterquality.org NorthCarolina
An Equal Opportunity,Affirmative Action Employer

Mr.Parker
November 8,2012
Page 2 of 2
Duke Energy Lake Services, Shoreline Management Guidelines, states that dry stack rock be >..
used(not concrete block), if a wall is necessary. This is specified to dissipate wave energy and
provide aquatic habitat.
2. Please explain why work cannot be conducted from the lake. DWQ and Duke Energy prefer that
work be conducted from a barge rather than from the shoreline (so that any vegetation
disturbance can be minimized). If working from the shoreline,vegetation replacement will
likely be required [Exhibit 1, Part 5.b. of Duke Power Nantahala Shoreline Management
Guidelines]. Also,disturbance should be limited along the shoreline, as Wolf Creek Lake is a
Trout classified water body(you should contact Steve Beasley, copied below, regarding
compliance with the trout buffer).
Please provide your response in writing to the addresses below prior to December 7, 2012. Four copies of the
required information should be provided to:
Ms. Karen Higgins
WBSCP Unit
1650 Mail Service Center
Raleigh,NC 27699-1650
and a single copy to the Asheville Regional Office at:
�JI
Susan A. Wilson
Surface Water Protection Section
2090 US HWY 70
Swannanoa,NC 28778
If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and
we will consider the project withdrawn.
This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application are not
authorized(at this time)by the DWQ. Please call Susan A.Wilson at 828-296-4665 or
susan.a.wilson(nncdenr.gov , if you have any questions.
Sincerely,
i .:
Chuck Cranford, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Karen Higgins—WBSCP Unit
Steve Beasley, Jackson County Planning
Lisa Leatherman, Duke Energy Lake Services
ARO File copy
S:\SWP\Jackson\40Is\Non-DOT\Parker Wolf Lake\AddInfo.Parker Wolf Lake.I 12012.doc

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_._.. ..__
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 8, 2012
Mr. Peter N. Alexander
Young Life Ministries
120 Coles Cove Road
Weaverville, North Carolina 28787
Subject: NOTICE OF VIOLATION
NOV-2012-MV-0108
Permit No. NCO034304
Windy Gap Camp WWTP
Buncombe County
Dear Mr. Alexander:
A review of Windy Gap Camp WWTP's monitoring report for June 2012 showed the
following violations:
Parameter Date Measuring Frequency Violation
Chlorine, Total Residual 06/09/2012 2 X week Failure to Monitor
Chlorine, Total Residual 06/23/2012 2 X week Failure to Monitor
Chlorine, Total Residual 06/30/2012 2 X week Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"
when in fact it should have been marked "Non-Compliant" with an explanation for the non-
compliance. If the above parameter was left off inadvertently, please send an amended DMR
within 10 business days of receipt of this letter to Raleigh at the address found on the front
page of your DMR and also a copy to this office.
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 or me at 828/296-4500.
Sincerely, (�
Chuck C anford, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
S:\SWP\BuncomhelWastewaterlMinors!Young Life Windy Gap 34304\IOV-2012-M!l-0108.doc NoithCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.ncwaterouality.org FAX [phone]

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WDENR
- North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 8, 2012
Mr. Peter N. Alexander
Young Life Ministries
120 Coles Cove Road
Weaverville, North Carolina 28787
Subject: NOTICE OF VIOLATION
NOV-2012-LV-0565
Permit No. NCO034304
Windy Gap Camp WWTP
Buncombe County
Dear Mr. Alexander:
A review of Windy Gap Camp WWTP's monitoring report for July 2012 showed the
following violation:
- Parameter Date Limit Reported Limit Type
_ Value Value
Nitrogen, Ammonia Total 07/31/2012 2.4 mg/I 2.82 mg/I Monthly Average
(as N) - 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 did not provide an explanation for the
subject violation, it is requested that a response be submitted within fifteen (15)days of receipt of this
letter. You should address the causes of noncompliance and all actions taken to prevent the
recurrence of similar situations.
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 or me at 828/296-4500.
Sincerely,
f
s
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
S:,SVt1PlBuncombe.WastewaterltVlinorstl'oung Life Windy Gap 34304WOV-2012-I_V-0565.doc
No'rthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway.70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.ncwaterguality.org FAX [phone]

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HCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 8, 2012
Mr. Jeffrey Woodman
4976 Sound View Drive
Mt. Pleasant, SC 29466
Subject: 401 Water Quality Certification-Approval
Woodman Lot 7 (Summer Hill)
DWQ Project# 12-0849
Jackson County
LTN02/Glenville Lake (Thorpe Lake)/2-79-23-(1)/WS-III, HQW, B
Dear Mr. Woodman:
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 approximately 0.021 acres of open waters
190 linear feet of shoreline dry stack wall w/ri ra approximately 60 linear feet shoreline,
[approximately Y p- p� pP Y
rip-rap only; remainder of shoreline vegetated] 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 3898. 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) Jackson County Erosion and
Sediment Control regulations and Duke Energy Lake Services guidelines.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] one
Internet:www.ncwaterquality.org Nor/t�hCaylroliina
i3 to a y

Mr.Woodman
November 8,2012
Page 2 of 2
Amount Approved (Units) Plan Location or Reference
Waters Appx. 0.021 (acres below Boulder wall and rip-rap,
full pool) as specified in application
[appx. 190 linear feet dry and revised drawing/e-mail
stack w/rip rap; appx. 60 submitted 11/2/2012
linear feet rip-rap]
*Refer to Duke Energy
guidelines for boulder
wall design
If working from the shoreline(rather than a barge),vegetation must be replaced in accordance with Nantahala
Area Vegetation Management Requirements [ref. to Exhibit 1, Part 5.b. of Duke Power Nantahala Area
Shoreline Management Guidelines].
Impervious surfaces (excluding access pathways) must be kept 30 feet back from surface waters [ref. 15A
NCAC 2B .0215].
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes-the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Susan A.Wilson in the Asheville Regional Office
at 828-296-4665.
Sincerely, r
Charles Wakild, P.E., Director
CW/saw
Enc: GC3898
Certificate of Completion
cc: Karen Higgins—WBSCP Unit
Steve Beasley, Jackson County Planning
Lisa Leatherman, Duke Energy Lake Services
File Copy
S:\SWP\Jackson\401s\Non-DOT\Woodman Stonebridge Glenville\APRVL.Woodman Lot 7 Summer Hill.ll 2012.doc�,J,

an.a AN .
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E.
Dee Freeman
Governor Director Secretary
November 8, 2012
Mr.N. Ross Irvine
2267 Plott Creek Road
Waynesville,NC 28786
Subject: 401 Water Quality Certification Approval
N. Ross Irvine Stream Stabilization
DWQ Project# 12-0891
Haywood County
FRB/Plott Creek/ Stream Index 5-16-9/Class C-Trout
Dear Mr. Irvine:
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 approximately 900 feet of streams for the
purpose of stream 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 3885. This Certification allows
you to use Nationwide Permit 27 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Stream Appk.900 (feet) PCN C.3.a. and plans
r
i
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]\FAX:[phone] one t
Internet:www.ncwatergLiality.org NC�lrthCaroI1/}ina
An Eaual O000rtuniry 1 Affirmativa Antinn Fmnlnvar Y •�� �

Mr.Irvine
November 8,2012
Page 2 of 2
Additional Conditions:
1. Planting—Similar to stream mitigation requirements, a 30 foot vegetative buffer shall be maintained on
each side of the restored stream. This is required to ensure long term stability of the restored stream. A
copy of the Riparian Buffer Guidelines is attached, which contains recommended density and plantings.
You should work with your local NRCS office to ensure compliance with this requirement.
2. Monitoring—Post construction monitoring will be as follows:
a. Perform longitudinal profile and two cross sections, along with reference photos at the structures
and other representative areas (as-builts, then years 1,3, and 5),
b. Perform photo-documentation and perform visual inspection of these same areas (annually,
through year 5).
c. Submit a report to DWQ/ARO after completion of the survey at year 3. The reports will include
a discussion of any observed damage and corrective actions implemented or planned.
d. Monitoring and evaluation of the riparian vegetation shall be included with these reports.
The project should also follow the recommendations provided by NC Wildlife Resource Commission,via letter
dated July 12, 2012. Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,.please contact Susan A.Wilson in the Asheville Regional Office
at(828) 296-4665.
Sincerely, jf/f;r
f
for Charles`Wakild, PE.,Director
CWlsaw
Enc: GC3885
Certificate of Completion
cc: USACE Asheville Regulatory Field Office—David Brown
WBSCP Unit—Karen Higgins
USDA—NRCS - John Ottinger, 589 Raccoon Road, Waynesville,NC 28786
ARO File Copy
S:\SWP\Haywood\401s\Non-DOT\Irvine USDA Proj Plott Crk\APRVL.Irvine Stabilization.12 0891.11 2012.doe

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waki id, P.E. Dee Freeman
Governor Director
Secretary
November 8,2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9766
Mr. Marcus Jones
Henderson County Utilities
Western Justice Academy WWTP
100 North King Street, Suite 210
Hendersonvlle,North Carolina 28792
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2012-LV-0564
Western Justice Academy WWTP
NPDES Permit No. NCO086070
Henderson County
Dear Mr. Jones:
A review of the June 2012 self-monitoring report for the subject facility revealed a violation of the
following parameter:
Date Outfall Parameter Reported Value Permit Limit
06/05/2012 001 Fecal coliform 520#/ 100 ml 400#/ 100 ml
A Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1.and NPDES Permit No. NC0086070.
Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be
assessed against any person who violates or fails to act in accordance with the terms, conditions, or
requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information
regarding the noted violation,request technical assistance, or discuss overall compliance please respond in
writing within ten(10) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the June 2012 Discharge Monitoring Report. You will then be notified of any
civil penalties that may be assessed regarding the violations. If no response is received in this Office within
the 10-day period, a civil penalty assessment may be prepared.
SURFACE WATER PROTECTION SECTION ASHEVII LL;REGION:AI OFFICE
Location:2090 U.S.Hig,hwa} 70.Si annanoa.Noma Carolina 28778 One
Phone:828 296-asoo\Fax:a28 299-7043 NorthCarolina
Internet:http.Uportal.ncdenr.orglwebhua �lttltt"lt��lj
An Squat Opportunity Affirmative Action Ernplover—50'"�Reeveled"I0%Post Consumes paper

Mr. Marcus Jones
November 8, 2012
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a
continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial
construction activities,then you may wish to consider applying for a Special Order by Consent. You may
contact this Office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely,
4
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
DWQ Point Source Branch
JJ
Mark Jones/ORC
4 SWT1'1Henderson';Wastewatei',Minors'Western Justice academy 86070 Nt?V-Nk -2G12-1.:V-0 64.do c

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 8,2012
Mr. James A. Lemming and Ms. Sandra E. Lemming
210 Park Laureate Drive
Houston, TX 77024
Subject: Request for More Information
401 Water Quality Certification
Lemming Lot 108 Trillium— Shoreline Stabilization
DWQ Project# 12-0947
Jackson County
Response deadline: December 7, 2012
Dear Mr. Lemming and Ms. Lemming:
The Division of Water Quality(DWQ)has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced property. Additional information will be required in order to
complete the review process.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. The DWQ, along with Duke Energy Lake Services,require that you evaluate the feasibility of a)
bioengineered techniques (i.e.,native plantings to alleviate soil erosion in lieu of or in
combination with hard structures),b)rip-rap only,and c)the combination of dry stack wall and
rip-rap.
After review of the photos with the application, it appears that a dry stack wall may not be
necessary. No scale was provided to determine the extent of the erosion. You should evaluate
the possibility of rip-rap only, or a small portion of dry stack wall in combination with rip rap.
If work is not conducted from a barge, Duke Energy Lake Services will require replacement in accordance with
Exhibit 1, Part 5.b. of Duke Power Nantahala Area Shoreline Management Guidelines.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 One
Internet:www.ncwaterquality.org NorftthCa�t�f'�C`}/lina
An Eoual O000rtunity i Affirmative Action Fmninver '* �Fl ri►�1

Mr.Lemming and Ms.Lemming
November 8,2012
Page 2 of 2
Please provide your response in writing to the addresses below prior to December 7, 2012. Four copies of the
required information should be provided to:
Ms. Karen Higgins
WBSCP Unit
1650 Mail Service Center
Raleigh,NC 27699-1650
and a single copy to the Asheville Regional Office at:
Susan A. Wilson
Surface Water Protection Section
2090 US HWY 70
Swannanoa,NC 28778
If we do not hear from you by the deadline,we will assume that you no longer want to pursue this project and
we will consider the project withdrawn.
This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application are not
authorized(at this time)by the DWQ. Please call Susan A. Wilson at 828-296-4665 or
susan.a.wilson a ncdenr.g_ov, if you have any questions.
Sincerely,
Chuck Cr ord, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Karen Higgins—WBSCP Unit
Mark L. Carruth—P.O. Box 971, Woodstock, GA 30188
Lisa Leatherman,Duke Energy Lake Services
Steve Beasley—Jackson County Planning
ARO File copy
S:\SWPUackson\401s\Non-DOT\Lemming Trillium\AddInfo.Lemming Prop.I 12012.doc

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NCQENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 8, 2012
Mayor Lawrence Ponder
Town of Marshall
P.O. Box 548
Marshall, North Carolina 28753
Subject: NOTICE OF DEFICIENCY
NOD-2012-MV-0074
Permit No. NCO021733
Marshall WWTP
Madison County
Dear Mayor Ponder:
A review of Marshall WWTP's monitoring report for June 2012 showed the following
violation:
Parameter Date Measuring Frequency Violation
Copper, Total (as Cu) 06/30/2012 Monthly Failure to Monitor
Remedial actions, if not already implemented, should be taken to correct any problem. Since
the telephone conversation regarding the relevant DMR provided an adequate explanation for the
subject violation, it is not requested that a response be submitted.
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 or me at 828/296-4500.
Sincerely
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Donald G. Byers/ ORC
S:\SWP\Madison\Wastewater\Municipal\Marshall WWTP 217331NOD-2012-MV-0074.doc No th.Carolina
,Natwrall'
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.ncwaterguality.org FAX [phone]

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly:Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 9,2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9780
Mr. Jeffery V.Morse
Town of Valdese
Lake Rhodhiss WWTP
121 Faet Street
Valdese,North Carolina 28690
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2012-LV-0567
Lake Rhodhiss WWTP
NPDES Permit No.NCO041696
Burke County
'�_,Dear Mr. Morse:
A review of the July 2012 self-monitoring report for the subject facility revealed a violation of the
following parameter:
Date Outfall Parameter Reported Value Permit Limit
07/31/2012 103 TSS 42.56 mg/1 30 mg/1
07/14/2012 103 TSS 140.44 mg/1 45 mg/1
A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0041696.
Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be
assessed against any person who violates or fails to act in accordance with the terms, conditions, or
requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information
regarding the noted violation,request technical assistance,or discuss overall compliance please respond in
writing within ten(10)days after receipt of this Notice. A review of your response will be considered along
with any information provided on the July 2012 Discharge Monitoring Report. You will then be notified of any
civil penalties that may be assessed regarding the violations. If no response is received in this Office within
the 10-day period, a civil penalty assessment may be prepared.
SURFACE WATER PROTECTION SECTION--ASI IEVII.L E REGIONAL OFFICE
Location:2090 U.S.Hiohivay 70 Swannanoa.North Carolina 28778 One
Phone:[phone]�00\Fax:[phone] NorthCaTOhria
Internet:http l/porta(nedenr orglweb/wa q r
AnEqual Opportunity'`Affinnative Action Employer--50%Recycled%10",,o Post Consumer paper (f► t

Mr. Jeffery V. Morse
November 9, 2012
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a
continuing nature, not related to operation and/or maintenance problems,and you anticipate remedial
construction activities,then you may wish to consider applying for a Special Order by Consent. You may
contact this office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
DWQ Point Source Branch
( i
4`S�[l' ;F3Lirke':�.�'a.ge%vater l-iunic.3gal"Val(le5e li\�--.E'1141()�)6"NOV-NR ^0I2{,V-0;6—,.,ioc:

NCD NR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman
Governor Director Secretary
November 9, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9773
Mr. Jeffery V.Morse
Town of Valdese
Lake Rhodhiss WWTP
121 Faet Street
Valdese,North Carolina 28690
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2012-LV-0566
Lake Rhodhiss WWTP
NPDES Permit No.NCO041696
Burke County
"Dear Mr. Morse:
A review of the June 2012 self-monitoring report for the subject facility revealed a violation of the
following parameter:
Date Outfall Parameter Reported Value Permit Limit
06/16/2012 103 TSS 81.92 mg/1 45 mg/1
A Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0041696.
Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be
assessed against any person who violates or fails to act in accordance with the terms, conditions, or
requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information
regarding the noted violation, request technical assistance, or discuss overall compliance please respond in
writing within ten(10) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the June 2012 Discharge Monitoring Report. You will then be notified of any
civil penalties that may be assessed regarding the violations. If no response is received in this Office within
the 10-day period, a civil penalty assessment may be prepared.
SURFACE WATER 1'ER PROTECTION SECTION ION--,-1ST lEVII I1 REGIONAL OFFICE
ICI:;
Location:2090 U.S.Highway 70,Srr atman0 a.North Carolina 28778 One
Phone.[phone]�00\Fax:[phone] NorthCarollna
Internet:http:l/poral.ncdenr.org/web/wgvvatu ra//i�
rt An Equal Oppounity`•.Affirmative Action Employer--50%Recycled%101',o Post Consumei paper `t

Mr. Jeffery V. Morse
November 9, 2012
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of��
Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a
continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial
construction activities,then you may wish to consider applying for a Special Order by Consent. You may
contact this office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely, ,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
DWQ Point Source Branch
,S `±WF.13 u rke\.i-V aslcvvati %VW IT 416�)('iNo?V NKI E-201 L\!-O 6{i.d()c / '

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MCD NR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 9, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9797
Mr. Steve Sheets, CEO
Linville Ridge Country Club -
P.O. Box 704
Linville,North Carolina 28646
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2012-LV-0569
Linville Ridge Country Club WWTP
NPDES Permit No.NCO062413
Avery County
\`Dear Mr. Ford:
A review of the July 2012 self-monitoring report for the subject facility revealed violations of the
following parameters:
Date Outfall Parameter Reported Value Permit Limit
07/18/2012 001 BOD 56.9 mg/1 45 mg/1
07/31/2012 001 BOD 30.3 mg/1 30 mg/1
07/31/2012 1 001 Nitrogen, Ammonia 4.65 mg/1 3 mg/1
A Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE)is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0062413.
Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be
assessed against any person who violates or fails to act in accordance with the terms, conditions, or
requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information
regarding the noted violation, request technical assistance, or discuss overall compliance please respond in
writing within ten(10)days after receipt of this Notice. A review of your response will be considered along
with any information provided on the July 2012 Discharge Monitoring Report. You will then be notified of any
civil penalties that may be assessed regarding the violations. If no response is received in this Office within
the 10-day period, a civil penalty assessment may be prepared.
SURFACE WATER.PROTECTION SECTION--1SHEV11 LE REGIONAL OFFICE
Location:2090 U S.Highway 70.Swannanoa,North Carolina 28778 One
Phone:828 29G 4�00\Fax:[phone] NOrthC2101121a
lnternct:http//dortal ncdenrorq/web/w�c -n?�tz�rRrrl�
An Equal Opportunity`.Affinnative action Employer--50%Recycle1 10',,Post Consumer pager rJV tl

Mr. Steve Sheets
November 9,2012
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a
continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial
construction activities,then you may wish to consider applying for a Special Order by Consent. You may
contact this office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely,
t�
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
DWQ Point Source Branch
Afinois'�;€..,inville Rid,,,-Co�.u_ty Club 624i3':.NC3V-NR -201?-LV-0�69.doc

A*A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Walcild,P.E. Dee Freeman
Governor Director Secretani
November 9, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9803
Mr. Steve Sheets, CEO
Linville Ridge Country Club
P.O. Box 704
Linville,North Carolina 28646
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2012-LV-0568
Linville Ridge Country Club WWTP
NPDES Permit No. NCO062413
,/- ,Dear Mr. Ford: Avery County
A review of the June 2012 self-monitoring report for the subject facility revealed violations of the
following parameter:
Date Outfall Parameter Reported Value Permit Limit
06/20/2012 001 Nitrogen, 25.3 mg/1 15 mg/1
Ammonia
06/30/2012 001 Nitrogen, 7.96 mg/1 3 mg/1
Ammonia
A Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0062413.
Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be
assessed against any person who violates or fails to act in accordance with the terms,conditions, or
requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information
regarding the noted violation,request technical assistance, or discuss overall compliance please respond in
writing within ten(10) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the June 2012 Discharge Monitoring Report. You will then be notified of any
civil penalties that may be assessed regarding the violations. If no response is received in this Office within
the 10-day period, a civil penalty assessment may be prepared.
SURFACE 10E.WATER PROTECTION SE(MON--ASHEVILL E REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,North.Carofina 28778 One
Phone:[phone]i00'Fax:[phone] NorthCarolula
Internet:http-t/portal nedenr or4/web/wa Aatu�,,a /1�
An Equal Opportunity`.Affirmative Action Employer--Sti"-�Recycled 10'N Post Consumer paper 1

Mr. Steve Sheets
November 9, 2012
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a
continuing nature, not related to operation and/or maintenance problems,and you anticipate remedial
construction activities,then you may wish to consider applying for a Special Order by Consent. You may
contact this office for additional information.
If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
DWQ Point Source Branch
tsStzG�ate3'. � tr,s'L..i;.E f(L12i e 'cuf�t4 C106?41 4 -11 T,?, (sl [ t'-OS#b.arc

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WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 9, 2012
Mr. John Vanderschaaf
Waterford Place Property Owners Association
10 Lakeview Court
Brevard, North Carolina 28712
Subject: NOTICE OF VIOLATION
NOV-2012-MV-0110
Permit No. NCO055905
Waterford Place WWTP
Transylvania County
Dear Mr. Vanderschaaf:
A review of Waterford Place WWTP's monitoring report for June 2012 showed the following
violation:
i' Parameter Date Measuring Violation
Frequency
Flow, in conduit or thru treatment Week ending Weekly Failure to Monitor
plant 1 06/02/2012
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 and also a copy to this
office.
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 or me at 828/296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ORC
+ No thCarolina
S:tSWP,Transy(vanialWastewaterlN[inars\Waterford Place 55906.NC?v-2042-IV1V-0110.doc NQturlllllf
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.ncwaterguality.org FAX [phone]

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakiid, P.E. Dee Freeman
Governor Director Secretary
November 9, 2012
Mr. Robert A. Nass
Skyline Lodge &Village
905 Biscayne Boulevard, #1
Deland, Florida 32724
Subject: NOTICE OF VIOLATION
NOV-2012-MV-0109
Permit No. NCO036692
Skyline Lodge &Village WWTP
Macon County
Dear Mr. Nass
A review of Skyline Lodge &Village WWTP's monitoring report for June 2012 showed the following
violations:
Parameter Date Measuring Frequency Violation
Solids, Total Suspended Week ending Weekly Failure to Monitor
- Concentration 06/02/2012
BOD, 5-Day (20 Deg. C) Week ending Weekly Failure to Monitor
- Concentration 06/02/2012
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
receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to
this office.
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 or me at 828/2964500.
Sincerely,
P
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
~\ DWQ Central Files
Environmental Inc./ORC
S:\SWPtMaconlWastewaterlMinorslSkyiine Lodge 36692iNOV-2012-MV-0109.doc One
NoMiCarolina
Ivawrally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.ncwaterouality.org FAX [phone]

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I
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 9, 2012
Mr. Ridgeway T. Lynch, Jr.
Kanuga Conferences Inc.
P.O. Box 250
Hendersonville, North Carolina 28793-0250
Subject: NOTICE OF VIOLATION
NOV-2012-LV-0570
Permit No. NCO024431
Kanuga Conferences WWTP
Henderson County
Dear Mr. Lynch:
A review of Kanuga Conferences WWTP's monitoring report for July 2012 showed the following
violation:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 07/17/2012 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.
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 or me at
828/296-4500.
Sincerely,
Chuck Cranford, Regiona(Supervisor
Surface Water Protection Section
CC' DWQ Asheville Files
DWQ Central Files
Richard Varnadore/ORC
S:`,SWP\Henderson\Wastewater%Minors\Kanuga Conferences 24431\NOV-2012-LV-0570.doc NoAhCarohna
Nlatarllllly
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.newaterguality.org FAX [phone]

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- _ __..

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P.E.
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
November 1, 2012
CERTIFIED MAIL -RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9629
Dr. Samuel Leder
4755 Technology Way 2nd MAIL ATTEMPT - November 14, 2012
Suite 202 70101870 0003 0874 9834
Boca Raton, Florida 33431-3338
CERTIFIED MAIL -RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9636
East Fork Lake Property LLC
6530 West Rogers Circle
Suite 31
Boca Raton, Florida 33487
CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9643
East Fork Lake Property, LLC
r
Corporate Creations Network Inc.
15720 John J. Delaney Drive
Suite 300
Charlotte,,North Carolina 28277
SUBJECT: NOTICE OF Continuing VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Lora Young Dam
NOV-2012-PC-0167
Stream Standard Violation-Other Waste(In-stream sediment)
Failure to Secure 401
Transylvania County
Response deadline: November 13,2012
Dear Dr. Leder:
On October 5,2012, Kevin Barnett from the Asheville Regional Office of the Division of Water
Quality�DWQ)conducted a follow-up site inspection for Lora Young Dam at the East Fork Lake
Property in Transylvania County. Mr. Jeff Wait from the Asheville Regional Office of the
Division of Energy,Mineral and Land Resources (DEMLR)was also present.
Stream standard and 401 WQC violations were noted during the inspection,which are in addition
to those noted in the Notice of Violation issued May 9, 2012. Additional check dams have been
installed below the surge basin within the channel of the creek, and several hundred feet of pvc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOI`lI1GaTO11IIa
Phone:: www.nc50Mwaterquality.org
FAX:
.or 299-7043 �gturR���
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

Dr.Samuel Leder
November 1,2012
Page 2 of 3
pipe(siphon pipe)has been placed into the stream channel below the dam breach. Sediment
impacts remain within Upper Creek, Class C, Tr, HQW waters,between the greenhouses and the
confluence of Upper Creek and the East Fork French Broad River..
As a result of the site inspection and file review,the following violations were identified:
VIOLATIONS
1. Stream Standard Violation-Other Waste(In-stream sediment) 15A NCAC 02B .0211
(3)f
Upper Creek, Class C, Tr,HQW waters was impacted by sediment deposition measured to
be between 3 and 20 inches in depth throughout the stream reach, representing Water
Quality Stream Standard violation of 15A NCAC 02B .0211 (3)(f).
H. Failure to Secure a 401 Water Quality Certification(WQC)
In addition to the rock and culvert fill cited in the May 9,2012 Notice of Violation,three
rock dams have been constructed below the surge pool,and the dual pvc siphon pipes have
been laid down the stream channel below the dam breach. The rock'and culvert fill
requires a US Army Corps of Engineers (USACOE)404 Permit and a Division of Water
Quality 401 WQC. A review of records confirmed that neither the DWQ nor the US Army
Corps of Engineers (USACOE)has received an application for a 404 Permit or 401 WQC,
prior to the impacts noted above. Such an application is required pursuant to Section 404
of the Clean Water Act and Part 15A of North Carolina Administrative Code 2H .0500.
REQUIRED RESPONSE
The DWQ requests that you respond by November 13,2012. Your response should be sent to the
attention of Kevin Barnett, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778
and should address the following items:
1. Stream Fills Installed After Receiving the May 9,2012 Notice of Violation
Please provide an explanation as to why, once you were notified that fill in a stream
without a 404/401 authorization were a violation of Water Quality Statutes,that
you installed additional fills without either a plan approved,no an application
submitted the either the US Army Corps of Engineers nor the Division of Water
Quality.
2. Plan and Timeline
You must submit a plan and timeline for either permitting the impacts associated
with this project, or a restoration plan for the removal of all unauthorized impacts,
and the reconstruction of the stream through the surge basin.
3. Sediment Removal Timeline
You must submit a timeline for the removal of the remaining sediment between the
greenhouses and the confluence between Upper Creek and the East Fork French
Broad River.

AiLA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Walcild,P.E. Dee Freeman
Governor Director Secretary
November 14, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9841
Mr. William Eilf
Nantahala Mountain Village Inc.
Nantahala Village
9400 Highway 19 West
Bryson City,North Carolina 28713
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2012-MV-0112
Nantahala Village WWTP
NPD"ES Permit No. NCO037737
Swain County
Dear Mr. Eilf:
A review of the June 2012 self-monitoring report for the subject facility revealed violations of the
following parameters:
Date Outfall Parameter Monitoring Frequency Violation
06/30/2012 001 BOD 2 X/Month Failure to Monitor
06/30/2012 001 Fecal coliform 2 X/Month Failure to Monitor
06/30/2012 001 Ammonia Nitrogen 2 X/Month Failure to Monitor
06/30/2012 001 TSS 2 X/Month Failure to Monitor
A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0037737.
Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be
assessed against any person who violates or fails to act in accordance with the terms, conditions, or
requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information
regarding the noted violation,request technical assistance, or discuss overall compliance please respond in
writing within ten(10) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the June 2012 Discharge Monitoring Report. You will then be notified of any
civil penalties that may be assessed regarding the violations. If no response is received in this Office within
the 10-day period, a civil penalty assessment may be prepared.
SC RFACE WATER PROTECTION SECTION ASHEVILL,E REGION:A:I..:OFFICE
ICE
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]A Fax:[phone] NorthCarolina
Internet:hup://Portal.ncdenr.org/web/Wq 1 t1{t�1 1&
An Equal Opportunity''.Affirmative Action Employer-- 0%Recycled 10%Post Consumer paper

Mr. William Eilf
November 14, 2012
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a
continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial
construction activities,then you may wish to consider applying for a Special Order by Consent. You may
contact this office for additional information.
If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely, r
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
DWQ Point Source Branch
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P.E.
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
November 14, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9827
William R. and Anne E. Scherer
633 South Federal Highway
Ft. Lauderdale, Florida 33301
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Scherer Property on Steel Creek
NOV-2012-PC-0364
Failure to Secure 401
Removal of Best Usage
Transylvania County
Response deadline: December 11, 2012
Dear Messrs Scherer:
On November 8,2012, Kevin Barnett from the Asheville Regional Office of the Division of Water
Quality(DWQ), along with David McHenry of the North Carolina Wildlife Resources
Commission, conducted a site inspection at the Scherer property along Steel Creek in Transylvania
County.
401 WQC violations were noted during the inspection and file review. Fill impacts to Steel Creek
classified C; Tr were documented.
As a result of the site inspection and file review,the following violations were identified:
VIOLATIONS
I. Removal of Best Usage—15A NCAC 02B.0211 (2)—Approximately 160 linear feet of
Steel Creek classified C; Tr was impacted by the installation of 160 linear feet of culvert,
representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2). Based
on available resources (site topography, aerial photography and topographic maps), it
appears that a segment of stream may have been relocated and backfilled, with the waters
i1 diverted into the installed culvert.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohrla
Phone:[phone] FAX:[phone] f //
Internet: www.ncwaterquality.org vVa /tu 11#
An Equal Opportunity i Affirmative Action Emplover

William and Anne Scherer
November 14,2012
Page 2 of 3
II. Failure to Secure a 401 Water Quality Certification (WQC)
A review of records confirmed that neither the DWQ nor the US Army Corps of Engineers
(USACOE)has received an application for a 404 Permit or 401 WQC,prior to the impacts
noted in item I above. Such an application is required pursuant to Section 404 of the Clean
Water Act and Part 15A of North Carolina Administrative Code 2H .0500.
REQUIRED RESPONSE
The DWQ requests that you respond by December 11,2012. Your response should be sent to the
attention of Kevin Barnett, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778
and should address the following items:
1. Removal of Best Usage— 15A NCAC 02B.0211 (2) and 401 Water Quality
Certification
a. Please explain why these impacts occurred without prior authorization.
b. Please provide a map of the project area. The map must include all streams and
wetlands on-site (both pre and post construction position in the landscape), detailing
all impacts (i.e., culverts and/or fill).
Two (2) options exist to resolve the violations related to the 401 Water Quality
Certification:
1. Apply to the U.S. Army Corps of Engineers for and receive a 404 Permit pertaining
to the culvert installation that has occurred. A 401 WQC will be required if the
activities are permitted by the Corps. The application process as described does not
guarantee the impacts will be approved.
2. Restore the stream to pre-existing conditions.
a. includes the removal of the impacts, restoration of the stream channel as
well as the restoration of the stream-bank and buffer along the stream.
If pursuing Option 1:
1. Contact Steve Kichefski with the U. S. Army Corps of Engineers to determine the
permitting needs of the activities you have undertaken. The Asheville office phone
number is [phone].
2. Provide a proposed schedule of when you expect to have the required Pre-
Construction Notification(401 WQC application)submitted to DWQ.

,am and Anne Scherer
,vember 14,2012
age 3 of 3
If pursuing Option.2:
a. Please submit a Stream Restoration Plan to this office for review and approval. You
must secure an environmental consultant experienced in stream restoration to assist you
with development of your plan and authorization necessary to achieve compliance.
The plan must include the removal of the impacts, restoration of the stream channel as
well as the restoration of the stream-bank and buffer along the stream.
It is recommended that your consultant contact Kevin Barnett of the Asheville
Regional Office for additional guidance during plan development. The plan should
include the following:
b. A proposed schedule with dates that indicate when you expect to begin and complete
the restoration work.
c. Once the plan has been implemented and is complete, a final report documenting
restoration of the stream should be submitted to Kevin Barnett.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations,as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters,please contact Kevin Barnett at(828) 296-4657.
Sincerely,
�r s�
� r
Chuck Cranford, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Karen Higgins, WeBSCaPU
ARO File Copy
Division of Energy, Mineral and Land Resources
Dave McHenry,NC Wildlife Resources Commission
Transylvania County Planning
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman
Governor Director Secretary
November 15, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9858
Mr. William Eilf
Nantahala Mountain Village Inc.
Nantahala Village
9400 Highway 19 West
Bryson City,North Carolina 28713
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2012-LM-0066
Nantahala Village WWTP
NPDES Permit No. NCO037737
Dear Mr. Eilf: Swain County
A review of the July 2012 self-monitoring report for the subject facility revealed violations of the
following parameters:
Date Outfall Parameter Monitoring Frequency Violation
07/31/2012 001 BOD 2 X/Month Failure to Monitor
07/31/2012 001 Fecal coliform 2 X/Month Failure to Monitor
07/31/2012 001 Ammonia Nitrogen 2 X/Month Failure to Monitor
07/31/2012 001 TSS 2 X/Month Failure to Monitor
Date Outfall Parameter Reported Value Permit Limit
07/31/2012 001 Flow 0.068 MGD 0.0078 MGD
A Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE)is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0037737.
Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be
assessed against any person who violates or fails to act in accordance with the terms, conditions,or
requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information
regarding the noted violation, request technical assistance, or discuss overall compliance please respond in
writing within ten(10) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the July 2012 Discharge Monitoring Report. You will then be notified of any
civil penalties that may be assessed regarding the violations. If no response is received in this Office within
the 10-day period, a civil penalty assessment may be prepared.
Sl RFACE WATER PROTECTION SECTION -ASUIEVI I[ REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannwioa.North Carolina 28778
Phone:[phone]\Fax:[phone] One
Internet:http•//portalncdenrora/web/wg NOrthCarolina
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An Equal Opportunity=Affirmative Action I mployei--50%Recycled.10",o Post Consumer paper

Mr. William Eilf
November 15, 2012
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a
continuing nature,not related to operation and/or maintenance problems,and you anticipate remedial
construction activities,then you may wish to consider applying for a Special Order by Consent. You may
contact this office for additional information.
If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely, 1
f /
,f
Chuck Cr�f ford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
DWQ Point Source Branch
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 15, 2012
Mr. Bob Schwebke
RCS Properties
4501 Tynecastle Highway
Banner Elk, North Carolina 28604
Subject: NOTICE OF VIOLATION
NOV-2012-LV-0578
Permit No. NCO062961
Tynecastle WWTP
Dear Mr. Schwebke: Avery County
A review of Tynecastle WWTP's monitoring report for June 2012 showed the following violation:
Parameter Date Limit Value Reported Limit Type
Value
Flow, in conduit or thru 06/30/2012 0.03 mgd 0.037 mgd Monthly Average
treatment plant Exceeded
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance.
Please review the Flows for the June 2012 DMR and submit a written response within 10 days of
receipt of this letter to this Office explaining why the Monthly Average Flow exceeded the permit limit.
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 or me at 828/296-4500.
Sincerely,
ter •' /.f
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Water Quality Lab & Operations/ORC
S:'SWPlAvery\kNastewater\Minors\Tynecastle 629611NOV-2012-LV-0578.doc NonrthCarolina
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North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.ncwaterauality.org FAX [phone]

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 15, 2012
Mr. Radford L. Thomas, Director, Public Utilities
City of Lenoir
P.O. Box 958
Lenoir, North Carolina 28645-0958
Subject: NOTICE OF VIOLATION
NOV-2012-LV-0579
Permit No. NCO023736
Gunpowder Creek WWTP
Caldwell County
Dear Mr. Thomas:
A review of Gunpowder Creek WWTP's monitoring report for July 2012 showed the following
violation:
Parameter Date Limit Value Reported Value Limit Type
Cadmium, Total (as Cd) 07/31/2012 4 ug/1 4.52 ug/I Monthly
Average
Exceeded
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell or me at 828/296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
cc: DWQ Asheville Files Surface Water Protection Section
DWQ Central Files
S:tSV'P€ Caldwell\Wastewater\Municip3li,unpolarder Creek 23736iNO -2012-LV-0579.doc NoithCarolina
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North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.ncwaterguality.om FAX [phone]

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r` North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakiid, P. E. Dee Freeman
Governor Director Secretary
November 16, 2012
Lee Smith, Utilities Director
City of Hendersonville
305 Williams Street
Hendersonville, North Carolina 28792-4461
Subject: Permit No. WQ0036246
City of Hendersonville
Carriage Park Section 16-Phase 2A
Wastewater Collection System Extension
Dear Mr. Smith: Henderson County
In accordance with your application received November 8, 2012, we are forwarding
herewith Permit No. WQ0036246, dated November 16, 2012, 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, and shall be subject to the
1-. conditions and limitations as specified therein. This cover letter shall be considered a part of this
permit and is therefore incorporated therein by reference.
a) 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,
and Permit Condition 6 that requires Engineering Certification prior to operation of this
collection system extension.
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 a North Carolina-licensed Professional Engineer 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.
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 820
linear feet of 8-inch gravity sewer to serve 20 homes as part of the Carriage Park Section 16-
Phase 2A project, and the discharge of 7,200 gallons per day of collected domestic wastewater
into the City of Hendersonville's existing sewerage system, pursuant to the application received
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
2090 U.S.Highway 70,Swannanoa,NC 28778 One
Phone:[phone] FAX:[phone] NOrthCarolina
Intemet:www.nMaterquality.org �aturallt�
An Equal Opportunity t Affirmative Action Employer

City of Hendersonville-WQ0036246
November 16,2012
Page 2 of 2
i
November 8, 2012, 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
Hendersonville Wastewater Treatment Facility, NPDES Permit No.number NC0025534, prior to
being discharged into the receiving stream.
Please note that the specifications included with the permit application have not been
reviewed or evaluated. It is the responsibility of the Owner and Engineer to ensure compliance
with all North Carolina General Statutes, Rules and Minimum Design Criteria. Submittal of
specifications does not relieve the Owner and Engineer of that responsibility.
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 Linda Wiggs at
[phone] or via e-mail at [e-mail].
Sincerely, /l
L/
for Charles Wakild, P.E., Director
Division of Water Quality
cc: Robert Paul Patterson
Henderson County Health Department
Hendersonville Building Inspections Department
Asheville Regional Office, Surface Water Protection Section
Water Quality Central Files
PERCS (electronic copy only)
SASWP\Henderson\Collection Systems\Hendersonville CS\WQ0036246-Hendersonville-CarriagePark Sec 16-Ph 2A.docx

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 to prevent any contravention of groundwater
standards or surface water standards.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan including pump station inspection frequency,
preventative maintenance schedule, spare parts inventory and overflow response has
been 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 months and
inspections are documented.
f. A general observation of the entire sewer system shall be conducted at least once per
year.

PERMIT NO. W00036246 City of Hendersonville,Carriage Park Section 16-Phase 2A,November 16,2012
g. 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.
h. A Grease Control Program is in place as follows: ,
1. For public owned collection systems, the Grease Control Program shall include at
least biannual distribution of educational materials for both commercial and
residential users and the legal means to require grease interceptors at existing
establishments. The plan shall also include legal means for inspections of the
grease interceptors, enforcement for violators and the legal means to control grease
entering the system from other public and private satellite sewer systems.
2. For privately owned collection systems,the Grease Control Program shall include at
least bi-annual distribution of grease education materials to users of the collection
system by the permittee or its representative.
3. Grease education materials shall be distributed more often than required in Parts (1)
and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer
overflows.
i. Right-of-ways and easements shall be maintained in the full easement width for
personnel and equipment accessibility.
j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a
minimum of three years with exception of the map, which shall be maintained for the
life of the system.
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. Per 15A NCAC 2T.0116, upon completion of construction and prior to operation of these
permitted facilities, the completed Engineering Certification form attached to this permit
shall be submitted with the required supporting documents to the address provided on the
form. A complete certification is one where the form is fully executed and the supporting
documents are provided as applicable.
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.

—MIT NO.W00036246 City of Hendersonville Carriage Park Section 16-Phase 2A November 16 2012
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 828-296-4500, 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:
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 (800) 858-
0368 or [phone].Persons reporting any of the above occurrences shall file a spill
report by completing and submitting Part I of Form CS-SSO (or the most current Division
approved form) within five days following first knowledge of the occurrence. This report
must outline the actions taken or proposed to be taken to ensure that the problem does not
recur. 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 16a'day of November, 2012
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
1,
for Charlgs"Wakild,P.E., Director
Division of Water Quality
by authority of The Environmental Management Commission
Permit Number WQ0036246.

PERMIT NO.W00036246 Citv of Hendersonville.Carriage Park Section 16-Phase 2A,November 16,2012
FAST TRACK ENGINEERING CERTIFICATION
Permittee: City of Hendersonville
Permit No. WQ0036246
Project: Carriage Park Section 16-Phase 2A
Issue Date: November 16,2012 ,
County: Henderson
Complete and submit this form to the permit issuing regional office with the following:
a One copy of the project record drawings (plan & profile views and detail drawings of sewer lines) of the
wastewater collection system extension. Final record drawings should be clear on the plans. Record drawings
should indicate the design and the marked up changes during construction.
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. Modifications should be submitted priorto certification.
This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's
Certification and all required supporting documentation. 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 subject 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 02T; 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
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.

MEW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director
Secretary
November 16,2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9810
Ms. Cathy Childrey
Mizpah Healthcare Inc.
Henderson's Assisted Living WWTP
P.O.Box 1029
Marion,North Carolina 28752-1029
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2012-LV-0582
Henderson's Assisted Living WWTP
NPDES Permit No.NCO071897
Henderson County
Dear Ms. Childrey:
A review of the July 2012 self-monitoring report for the subject facility revealed violations of the
following parameters:
Date Outfall Parameter Reported Value Permit Limit
07/10/2012 001 BOD 8.7 mg/1 7.5 mg/1
07/19/2012 001 BOD 9.8 mg/1 7.5 mg/1
07/31/2012 001 BOD 6.69 mg/1 5 mg/1
07/19/2012 001 Ammonia Nitrogen 10.3 mg/1 10 mg/1
07/31/2012 001 Ammonia Nitrogen 7.02 mg/1 2 mg/1 :::J
A Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0071897.
Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars($25,000.00) may be
assessed against any person who violates or fails to act in accordance with the terms, conditions, or
requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information
regarding the noted violation, request technical assistance,or discuss overall compliance please respond in
writing within ten(10) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the July 2012 Discharge Monitoring Report. You will then be notified of any
civil penalties that may be assessed regarding the violations. If no response is received in this Office within
the 10-day period, a civil penalty assessment may be prepared.
SI RFACL WATER PROTECTION SECTION-,1ti[LI:;vI L.Ii REGIONAL OFFICE
Location:2090 U.S Hialiwav 70 Swannanoa,North Carolina 28778 One
828 296-4400\Lax:828 299-7043 NOrC11CarO/l/lnc
Internet:tittp:((portal.nctlenr.org(web(wg �t1t111'R��1'
An Eyit<il Opportmiitv'.Affirmative Action Employer--50%Recycled/101N Post Consumer paper

Ms. Cathy Childrey
November 16,2012
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a
continuing nature, not related to operation and/or maintenance problems,and you anticipate remedial
construction activities,then you may wish to consider applying for a Special Order by Consent. You may
contact this Office for additional information.
If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely, ,
f
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
DWQ Point Source Unit
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NCDE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 16, 2012
Mr. Lee J. Weber
Champion Hills Property Owners Association
1 Hagen Drive
Hendersonville, North Carolina 28739
Subject: NOTICE OF DEFICIENCY
NOD-2012-MV-0076
Permit No. NCO087106
Champion Hills WWTP
Dear Mr. Weber: Henderson County
A review of Champion Hills WWTP's monitoring report for June 2012 showed the following
violation:
Parameter Date Measuring Violation
Frequency
Flow, in conduit or thru treatment 06/30/2012 Continuous Failure to Monitor
plant
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked"Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
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 or me at 828/296-4500.
Sincerely
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Chuck Cranford, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James &James Environmental/ORC
S:\SWP\Henderson\Wastewater\Minors\Champion Hills 871061NOD-2012-MV-0076.doc NorrthCarolina
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North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.ncwaterauality.org FAX (828,)299-7043

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, RE, Dee Freeman
Governor Director Secretary
November 16, 2012
Ms. Jeannie Stewart
Fontana Village Inc.
P.O. Box 68
Fontana Dam, North Carolina 28733-0068
Subject: NOTICE OF VIOLATION
NOD-2012-MV-0077
Permit No. NCO023086
Peppertree Fontana Village WWTP
Graham County
Dear Ms. Stewart:
A review of Peppertree Fontana Village's WWTP monitoring report for July 2012 showed the
following violation:
Date Measuring Violation
Parameter Frequency
Flow, in conduit or thru treatment 07/19/2012 Continuous Failure to Monitor
plant
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
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 or me at 828/296-4500.
Sincerely,
.?
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Lamar Williams/ORC
S:\SWPtGrahaErniWastewater\Minors\Fontana Village Resort 23086tNOD-2012-FAV-0077.doc
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Internet: www.ncwatergualitv.org FAX [phone]

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 16,2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7010 1870 0003 0874 9865 7010 1870 0003 0874 9889
Mr. Robert Gurley Ms. Marcia Nicholson
(114 Buddy Lane) (120 Buddy Lane)
2430 U.S. Highway 70 West Post Office Box 213
Goldsboro,North Carolina 27530 Chimney Rock,North Carolina 28720
7010 1870 0003 0874 9872 7010 1870 0003 0874 9896
Mr. Thurman Short Ms. Merry Dupuis
(127 Buddy Lane) (138 Buddy Lane)
1430 Deal Road Post Office Box 123
Blacksburg, South Carolina 29702 Chimney Rock,North Carolina 28720
Subject: CONTINUING NOTICE OF VIOLATION/NOTICE OF
INTENT TO ENFORCE
NOV-2012-DV-0170
Illegal Discharge of Wastewater
Buddy Lane Collection System
Rutherford County
Response Due: December 5, 2012
Dear Sirs and Madams:
This letter provides notification that enforcement actions will be pursued if the required response is not
received in this office by the response date above.
As provided in NOV-2012-DV-0170 dated August 31, 2012, the properties owned by the addressees of
this letter discharge wastewater to a leaking collection system. Therefore all property owners are
considered responsible parties and it is recommended that an effort is made to work together to resolve
this issue.
Since the August letter, a pipe inspection was conducted on the sewer line, which carries wastewater
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE
2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] NOr thCaT01111a
Internet: www,ncwateirmati tear a�a u'NIi I,
An Equal Opportunity t Affirmative Action Employer (/ {� l L `l JU

Buddy Lane Collection System
November 16,2012
Page 2 of 2
from your homes. The findings indicated that the pipe is breached at or above the culvert that is installed _
under Buddy Lane. The leaking sewage is entering the culvert and stream within,which flows to Lake
Lure.
VIOLATION
I. Control of Sources of Water Pollution; Permits Required; Make any outlet to waters of the
state—143-215.1 (1) Wastewater is being discharged to an unnamed tributary to the Broad river
(Lake Lure)without a permit.
Immediate repairs must be undertaken to remove the discharge of wastewater to the stream.
REQUIRED RESPONSE
Respond by December 5,2012. Your response should be sent to my attention at the Division of Water Quality,
2090 US HWY 70, Swannanoa,NC 28778 and should provide the following:
• A plan to repair the leaking collection system line, including a date when repairs will be
completed.
Or
• Reporting that the line has been repaired.
J
Failure to repair the line and eliminate the illegal discharge of wastewater to the stream can result
in assessment of civil penalties of up to $25,000 per day. This will be your final notice.
Please contact me at 828-296-4650 if you have questions or concerns.
Sincerely,
r`
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: Chris Braund-Lake Lure Town Manager
Steve Chambers -Rutherford County Health Department
Deborah Gore, PERCS
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S:\SWP\Rutherford\Complaints\Nelon Sewer\NOV-Continuing.11.15.12.doc

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CDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 16, 2012
Ms. Joy Hougan, Executive Director
Emeritus Corp/ DBA Pine Park
2601 U S Highway 64 East
Hendersonville, North Carolina 28792
Subject: NOTICE OF VIOLATION
NOV-2012-LV-0581
Permit No. NCO069370
Pine Park Retirement Inn WWTP
Henderson County
Dear Ms. Hougan:
A review of Pine Park Retirement Inn's monitoring report for July 2012 showed the following
violation:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 07/16/2012 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.
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 or me at
828/296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
_ Trevor McMinn/ORC
S:1SIAIP\Henderson\Wastewater\Minors,IPine Park Inn 693701NOV-2012-LV-058!.doe D4AKarolina
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North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.newaterguality.org FAX [phone]

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 16, 2012
Ms. Joy Hougan, Executive Director
Emeritus Corp/ DBA Pine Park
2601 U S Highway 64 East
Hendersonville, North Carolina 28792
Subject: NOTICE OF VIOLATION
NOV-2012-LV-0684
Permit No. NCO069370
Pine Park Retirement Inn WWTP
Henderson County
Dear Ms. Hougan:
A review of Pine Park Retirement Inn's monitoring report for August 2012 showed the following
violation:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 08/07/2012 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.
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 or me at
828/2964500.
Sincerely,
q�f
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Trevor McMinn/ORC
S:1SWP;HendersonlVVastewater\MinorsiPine Park Inn 693701NOV-2012-LV-0584.doc NoZhCarolina
AlltdlPally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.ncwaterguality.org FAX [phone]

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, F.E. Dee Freeman
Governor Director Secretary
November 19,2012
Madison County
DWQ Project 20121039
NCSR 1321 (Lump Town Road)
Approval of 401 Water Quality Certification with Additional Conditions
Mr. J. J. Swain,Jr.,P.E.
Division 13 Engineer
North Carolina Department of Transportation
Post Office Box 3279
Asheville,North Carolina,28802
Dear Mr. Swain:
You have our approval,in accordance with the conditions listed below,for the following impacts in two(2)unnamed
tributaries of Highshoal Branch for the purpose of widening and making improvements to NCSR 1321 (Lump Town
Road)in Madison County:
Stream Impacts in the French Broad River Basin
Site Permanent Fill Stream Permanent Temporary Total Stream
in Intermittent Relocation Fill in Impacts in Stream Impacts
Stream (linear (linear ft) Perennial Perennial Impact Requiring
ft) Stream Stream (linear ft) Mitigation
linear ft linear ft linear ft
Site 1 0 0 25 35 60 0
Site 2 0 0 35 45 80 0
Total 0 1 0 1 60 80 1 140 0
Total Permanent Stream Impacts for Project: 60 lin.ft.Total Temporary Stream Impacts for Project: 80 linear ft.
The project should be constructed in accordance with your application dated November 13, 2012 (received November 15,
2012), 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. 3886, 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.
\\I SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrie
orthCarolina
Phone:: w 2,ncw to FAX:
.or 299=7043 �lxtlfra��lf
Internet: www.ncwa#erquality.org �,i`
An Equal Opportunity,Affirmative Action Employer

Mr.J.J. Swain,Jr.,P.E.
November 19,2012 !—
Page Two
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. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,they shall
be removed and the natural grade restored upon completion of the project.
3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to protect surface waters
standards: —�
a. The erosion and sediment control measures for the project must be designed, installed, operated,
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. NCDOT is providing off-site mitigation of 60 linear feet of cool water stream through the North Carolina Ecosystem
Enhancement Program by letter dated November 8, 2012.

Mr. J.J. Swain, Jr.,P.E.
November 19,2012
Page Three
6. For projects impacting waters classified by the NC Environmental Management Commission as Trout(Tr),High
Quality Waters(HQW), or Water Supply I or 1I(WSI, WSII) stormwater shall be directed to vegetated buffer areas,
grass-lined ditches or other means appropriate to the site for the purpose of pre-treating storm water runoff prior to
discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged.
7. The permittee shall use/Design Standards in Sensitive Watersheds/ [15A NCAC 4B.0124(a)-(e)] in areas draining to
(HQW)waters.However,due to the size of the project,NC DOT shall not be required to meet 15A NCAC 4B
.0124(a)regarding the maximum amount of uncovered acres. Temporary cover(wheat,millet,or similar annual
grain)or permanent herbaceous cover shall be planted on all bare soil within 15 business days of ground disturbing
activities to provide erosion control.
Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas. For
the establishment of permanent herbaceous cover, erosion control matting shall be used in conjunction with an
appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the
following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control
devices such as silt fence,temporary sediment ditches,basins, etc. Matting should be secured in place with staples,
stakes, or wherever possible, live stakes of native trees. Erosion control matting placed in riparian areas shall not
contain a nylon mesh grid,which can impinge and entrap small animals. For the establishment of temporary
groundcover within riparian areas,hydroseeding along with wood or cellulose based hydro mulch applied from a
fertilizer-and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control
measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in prohibited. Riparian
areas are defined as a distance 25 feet landward from top of stream bank.
8. 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,
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.

Mr. J.J. Swain,Jr.,P.E.
November 19,2012
Page Four `
18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
19. 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.
20. No rock, sand or other materials shall be dredged from the stream channel, except where 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. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
23. 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.
24. 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.
25. 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 ; \i
further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification.
26. 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.
27. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
28. 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.

Mr. J. J. Swain,Jr.,P.E.
f` November 19,2012
Page 5
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
-�A �P,6
harles Wakild,P.E.,Director
Division of Water Quality
Attachments
cc: Lori Beckwith,USACE,Asheville Field Office
Roger Bryan,Division 13,DEO
Ed Ingle,Roadside Environmental
Marla Chambers,NCWRC
Transportation Permitting Unit
Asheville Regional Office
i
121039(Swain)NCSR 1321 Lump Town Road

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 19, 2012
Mr. Richard P. Foutz
GGCC Utility Inc.
P.O. Box 368
Linville, North Carolina 28646
Subject: NOTICE OF VIOLATION
NOV-2012-LV-0587
Permit No. NCO023124
GGCC Utility WWTP
Dear Mr. Foutz: Avery County
A review of GGCC Utility WWTP's monitoring report for July 2012 showed the following violation:
Parameter Date Limit Value Reported Limit Type
Value
Flow, in conduit or thru 07/31/2012 0.07 mgd 0.071 mgd Monthly Average
�- treatment plant Exceeded
A report of GGCC WWTP's flow for the past year(July 2011 through July 2012)has shown the facility
to beat 86.27%of the facility's permitted flow. A copy of 15A NCAC O2T-0118 regarding hydraulic treatment
capabilities for WWTPs is enclosed.
Please review the Flows for the July 2012 DMR and submit a written response within 10 days of
receipt of this letter to this Office explaining why the Monthly Average Flow for July 2012 exceeded the
permit limit.
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 or me at 828/296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Enclosure
cc: DWQ Asheville Files
DWQ Central Files
WQ Lab & Operations/ORC
S:1SWP\Averylv/astewatertMinorstGGCC Utility 23124%N0V-2012-LV-0587.doc One I
NorthCaro4a
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North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.ncwateraualitv:org FAX [phone]

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 19, 2012
Mr. Ron Shemesh, CEO
Excelsior Packaging Group
1379 Old Rosman Highway
Brevard, North Carolina 28712
Subject: NOTICE OF VIOLATION
NOV-2012-MV-0113
Permit No. NC0000108
Excelsior Packaging Group WWTP
Dear Mr. Shemesh: Transylvania County
A review of Excelsior Packaging Group's monitoring report for August 2012 showed the following
violation:
Parameter Date Measuring Violation
Frequency
Flow, in conduit or thru treatment 08/04/2012 Weekly Failure to Monitor
plant
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
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 or me at 828/296-4600.
Sincere) ,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ORC
S:tSWP\Transylvania\Viastewater\Minors\Exceisior 001081NOV-2012-MV-0113.doc
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.newaterguality.org FAX [phone]

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NDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 20, 2012
Mr. Richard P. Foutz
GGCC Utility Inc.
P.O. Box 368
Linville, North Carolina 28646
Subject: NOTICE OF VIOLATION
NOV-2012-MV-0115
Permit No. NCO023124
GGCC Utility WWTP
Dear Mr. Foutz: Avery County
A review of GGCC Utility WWTP's monitoring report-for August 2012 showed the following
violations:
Parameter Date Measuring Violation
Frequency
- pH Week ending Weekly Failure to Monitor
08/04/2012
Temperature, Water Deg. Week ending Weekly Failure to Monitor
Centigrade 08/04/2012
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
receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to
this office.
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 or me at 828/2964500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
WQ Lab& Operations/ORC
S:\S1IVP�Avei-VlWastewater\Minors\GGCC Utility 23124\NOV-2012-MV-01 15.doc
NOne thCarolina
lltllCR��I�
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.ncwaterauality.oro FAX [phone]

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 20, 2012
Ms. Margaret Crownover, President
Laurel Hills Homeowners Association
P.O. Box 1537
Franklin, North Carolina 28734
Subject: NOTICE OF VIOLATION
NOV-2012-MV-0114
Permit No. NCO060844
Laurel Hills WWTP
Dear Ms. Crownover: Macon County
A review of Laurel Hills WWTP's monitoring report for July 2012 showed the following violation:
Parameter Date Measuring Violation
Frequency
Flow, in conduit orthru treatment 07/01/2012 Continuous Failure to Monitor
plant
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
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 or me at 828/296-4500.
Sincerely, >4 '
i
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Environmental Inc./ORC
S:ISWPWIacon\WastewaterWlinors\Laurel Hills Town Home Assn 60844iNOV-2012-MV-0114.doc NoAhCarolina
Aatura4
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.ncwaterguality.org FAX [phone]

NCD►ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 20, 2012
Mr. Johnny Brown, Mayor
Town of Andrews
P.O. Box 1210
Andrews, North Carolina 28901
Subject: NOTICE OF VIOLATION
NOV-2012-MV-0116
Permit No. NCO020800
Andrews WWTP
Cherokee County
Dear Mayor Brown:
A review of Andrews WWTP's monitoring report for August 2012 showed the following violation:
Parameter Date Measuring Violation
Frequency
Coliform, Fecal MF, M-FC Week ending 5 X week Failure to Monitor
Broth,44.5C 08/25/2012
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 and also a copy to this
office.
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 or me at 828/296-4500.
Sincerely, ,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Earth Environmental/ORC
S:,.SWP�Cherokee\WastewaterlMunicipaltiAndrews WWTP 20800tNOV-2012-MV-0116.doc NorthCatolina
Ivaturallt�
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.newaterguality.org FAX [phone]

n WNW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 21, 2012
Mr.J. B. Setzer,P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection
NCSR 1660(Siler Road)
TIP No.R-4748
Macon County
Dear Mr. Setzer:
On November 8,2012,I inspected the construction work for the Siler Road project(NCSR 1660)in Macon
County. Most of the project has been completed except for minor grading and preparation of the new roadway
on the west side of the new bridge.
Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are
performed as needed to protect State surface 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:Mitchell Bishop, PE
Mark Davis,Division 14,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
(Setzer)NCSR 1660(Siler Road)Inspection Letter November 2012
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone]
Internet:www.ncwateraualitv.org One
NOrt11Car011lla
An Equal Opportunity t Affirmative Action Employer Adu&4

Site Inspection Report
Site Number: WT000186
Site Name: R-4748 Siler Road NCSR 1660
Site Address:
County: Macon Region: Asheville
Directions:
Latitude: +35°27'49" Longitude: -82°53'59"
Site Owner Name: NCDOT-Division 14
Inspection Date: 11/08/12
Reason for Inspection: Routine
Inspection Type: Site Inspection (DOT)
Inspection Contact Person: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondagy Inspector(s):
Facility compliance Status: Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
0 Permit(401 WQC)
Inspection Summary:
Some grading work was being performed on roadway ditches near the Wal-Mart entrance and roadbed preparation was underway on
the west side of the new bridge.
Sediment and erosion control measures appeared to be well maintained and working properly.
Continue to maintain sediment and erosion control measures to protect State surface waters.
Permit 401 WQC Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ n n n
Are the culverts and/or filled areas installed properly? ■ In n n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ■ In n n
Comment:
Page: 1

01A
MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklid, P.E. Dee Freeman
Governor Director Secretary
November 21, 2012
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 19-74
TIP No.B-4286
Swain County
Dear Mr. Setzer:
On November 8,2012,I inspected the construction work at the new bridge site over the Nantahala River on
US Highway 19-74 in Swain County. The project is almost complete except for some minor construction,and
final paving.
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: Trent Anderson,P.E.
Mark Davis,Division 14,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
(Setzer)B-4286 US 19-74 Inspection Letter November 2012
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone]
Internet www.ncwateraualitv.org One
NorthCarollna
An Equal Opportunity t Affirmative Action Employer 1 V atUJrd 4

Site Inspection Report
Site Number: WT000544
Site Name: B-4286 US Highway 19-74
Site Address:
County: Swain Region: Asheville
Directions:
Latitude: Longitude:
Site Owner Name: NCDOT Division 14
Inspection Date: 11/08/12
Reason for Inspection: Routine
Inspection Type: Site Inspection(DOT)
Inspection Contact Person: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
0 Permit(401 WQC)
Inspection Summary:
Project was almost complete. Guardrail was being installed and final paving and minor construction items needed finishing.
Sediment and erosion control measures appeared to be working properly.
Continue to maintain sediment and erosion control measures to protect State surface waters.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n
Are the culverts and/or filled areas installed properly? n n n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n n n
Comment:
Page: 1

r
..rr�ul►�ar irs�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild Dee Freeman
Governor Director Secretary
November 21, 2012
Mr.J.B. Setzer,P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection-NC Highway 28
DWQ Project 09-0451
TIP No.R-2408B
Macon County
Dear Mr. Setzer:
On November 8, 2012, I inspected the construction work on NC Highway 28 in Macon County. Construction
continues along most of the project with grading, culvert and pipe installation and paving.
!' Please 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)NC Highway 28 Inspection Letter November 2012
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX;828-299-7043 One
Internet:wwwncwaterpuali Action
NQPthCarOlina
An Equal Opportunity;Affirmative Action Employer
_ Itltl'1x�111

Wetland Inspection Report
Project Num: 20090451 Version: 1 Status: Issued
Project Name: NCDOT-NC 28 on SR 1323 (R-2408) Project Type: Road/Highway Widening
County: Macon Region: Central
Location: NCDOT-NC 28 on SR 1323 (R-2408)
Latitude: +35'13'26" Longitude: -83°23'54"
SW Plan Location:
Site Owner Name: NC DOT PDEA
Inspection Date: 11/08/2012
Reason for Inspection: Routine
Inspection Type:Site Inspection(DOT)
Inspection Contact Person: Title: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: Compliant n Not Compliant
Program Area: 401 (includes isolated/non7404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
Contractor working on roadway from start of project to Airport Road.
Paving was taking place during the inspection but some grading was also underway.
Sediment and erosion control structures appear to be working properly.
Continue to maintain sediment and erosion control measures to protect State surface waters.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ 0 ❑ n
Are the culverts and/or filled areas installed properly? ■ n n n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ■ n n n
Comment:
Page: 1

A
ifn'
N+CDEW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 21, 2012
Mr. J. B. Setzer,P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection R-3622-AB
NC Highway 294
DWQ Project 08-0762V.2
Cherokee County
Dear Mr. Setzer:
On November 8,2012,I inspected the construction work on NC Highway 294 in Cherokee County. Final
construction work was underway during the inspection which included work on the waste area and seeding and
mulching.
Please 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: Trent Anderson,P.E.
Mark Davis,Division 14,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
(Setzer)R-3622-AB NC Highway 2941nspection Letter November 2012
F
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] t FAX:[phone]
Intemet:www.ncwaterpualitv.org �7One
An Equal Opportunity 1 Affirmative Action Employer lr orthCar!olina
,�lltllrQ'�,�1/

Wetland Inspection Report
Project Num: 20080762 Version: 2 Status: Issued
Project Name: NCDOT-Bridge No.50 on NC 294(R-3622AA) Project Type: Road maintenance/repair/improvements
County: Cherokee Region: Asheville
Location: NCDOT-Bridge No.50 on NC 294(R-3622AA)
Latitude: Longitude:
SW Plan Location:
Site Owner Name: NC DOT Division 14-Sylva
Inspection Date: 11/08/2012
Reason for Inspection: Routine
Inspection Type:Site Inspection(DOT)
Inspection Contact Person: Title: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: E Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
E Permit(401 WQC)
Inspection Summary:
Inspected entire length of project.
Contractor was in final stages of work on project.
Contractor working on waste area and seeding and mulching.
Sediment and erosion control measures appear to be working properly.
Continue to maintain sediment and erosion control measures to protect state surface waters.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ ❑ ❑ 1=1
Are the culverts and/or filled areas installed properly? ■ fl Q rl
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ■ ❑ n
Cl
Comment:
Page: 1

A4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman
Governor I Director Secretary
November 21,2012
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-2233AA and AB Sections
Rutherford County
Dear Mr. Swain:
On November 13, 2012, I inspected the construction work on the US Highway 221 Project,R-2233AA and AB
Sections, in Rutherford County. Construction continues along most of the project with heavy grading,bridge
construction,culvert construction,pipe installation,roadbed preparation and paving.
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 reports for
any specific items noted during the inspection.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc:Brian C. Skeens,PE
Roger Bryan,Division 13,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
US Highway 221November 2012 Inspection Letter
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa;NC 28778-8211
Phone:[phone] FAX:[phone] One
Internet:www.nrwateMuality.ora NorthCarQlina
An Equal Opportunity 1 Affirmative Action Employer at!t}allj/

Wetland Inspection Report
Project Num: 20081809 Version: 1 Status: Issued
Project Name: NCDOT-US 221 (R-2233a) Project Type: Road/Highway Widening
County: Rutherford Region: Central
Location: NCDOT-US 221 (R-2233a)
Latitude: +35°12'21" Longitude: -81°50'18"
SW Plan Location:
Site Owner Name: NC DOT PDEA
Inspection Date: 11/13/2012
Reason for Inspection: Routine
Inspection Type:Site Inspection(DOT)
Inspection Contact Person: Title: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: N Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
Remove sediment that is against sediment fence at Station 262+00.
Remove sediment that is against sediment fence above culvert at Station 534+50.
Seed and mulch all bare areas.
Sediment and erosion control structures appear to be working properly.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n n n
Are the culverts and/or filled areas installed properly? n n n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n n n
Comment:
Page: 1

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklid, P.E. Dee Freeman
Governor Director Secretary
November 21, 2012
Mr.J.J. Swain,Jr.,P.E.
Division 13 Engineer
N.C. Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspection-US Highway 19/19E
DWQ Project 07-1134
Individual Certification No. 3706
TIP Nos.R-2518A&B and R-2519A
Madison and Yancey Counties
Dear Mr. Swain:
On November 14, 2012, I inspected the construction projects on-the US Highway 19 Project in Madison and
Yancey Counties. Construction of the project is relatively complete except for punch list items.
--' Please continue to ensure that all sediment and erosion control structures are maintained and seeding and
mulching are performed as required to protect State surface waters. Also,please refer to the attached
inspection report for any specific items noted during the inspections.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Randy McKinney,PE
Roger Bryan,Division 13,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
US Highway 19 November 2012 Inspection Letter
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] � �
Internet)www.nnitykA Affirmative
Action
NQrthCarohna
An Equal Opportunity I Affirms@ve Action Employer
��nt�®N.�I19r

Wetland Inspection Report
Project Num: 20071134 Version: 6 Status: Issued '
Project Name: NCDOT-US 19/US 19E R-2518 A, R-2518 B& Project Type: Road/Highway Widening
R-2519A
County: Madison Region: Asheville
Location: NCDOT-US 19/US 19E R-2518 A, R-2518 B&R-2519A
Latitude: Longitude:
SW Plan Location:
Site Owner Name: NC DOT PDEA
Inspection Date: 11/14/2012
Reason for Inspection: Routine
Inspection Type:Site Inspection (DOT)
Inspection Contact Person: Title: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: Compliant In Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
Inspected project from 1-26 in Madison County to Jack's Creek Road in Yancey County.
Project is relatively complete. Contractor working on punch list items.
Continue to maintain sediment and erosion control structures until areas are stabilized.
Seed and mulch all bare areas.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ n n n
Are the culverts and/or filled areas installed properly? n n n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n ❑ ❑
Comment:
Page: 1

-
t °.
NCDENR
North Carolina Department of Environment and Natural.Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklid, P.E. Dee Freeman
Governor Director Secretary
November 21, 2012
Mr.J.J. Swain,Jr.,P.E.
Division 13 Engineer
N.C. Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspection-US Highway 19
DWQ Project 07-1134
Individual Certification No. 3706
TIP Nos.R-2519A
Yancey County
Dear Mr. Swain:
On November 14, 2012, I inspected the construction project on the US Highway 19 Project in Yancey County.
Construction continues along most of the project with heavy grading, utility construction and culvert
installation.
It's important 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 inspections.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: Randy McKinney,PE
Roger Bryan,Division 13,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
US 19 R-2519A November 2012 Inspection Letter
i
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] �I12
Internet:www.nnity\Affirmative
Action
No thCar'ohna
An Equal Opportunity!Affirmative Action Employer 1�
Viy/wrii/hl

Wetland Inspection Report
Project Num: 20071134 Version: 6 Status: Issued
Project Name: NCDOT-US 19/US 19E R-2518 A, R-2518 B& project Type: Road/Highway Widening
R-2519A
County: Madison Region: Asheville
Location: NCDOT-US 19/US 19E R-2518 A, R-2518 B&R-2519A
Latitude: Longitude:
SW Plan Location:
Site Owner Name: NC DOT PDEA
Inspection Date: 11/14/2012
Reason for Inspection: Routine
Inspection Type:Site Inspection (DOT)
Inspection Contact Person: Title: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: ® Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
Inspected project on November 14,2012.
Heavy construction continues thoughtout most of the project along with pipe and culvert installation.
Continue to maintain sediment and erosion control measures.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n
Are the culverts and/or filled areas installed properly? ❑ Cl ❑
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ❑ ❑ n
Comment:
Page: 1

Z IVA
J L)V
,71
NCDENR
North Carolina Department of Environment and Natural Resources
- Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 26,2012
Mr.Kristopher Hinz, Quality Manager
SMARTRAC Technology Fletcher, Inc.
267 Cane Creek Road
Fletcher,NC 28732
Subject: No Exposure Certification—Approval
NCGNE0892
SMARTRAC Technology Fletcher,Inc.
Henderson County
Dear Mr.Hinz:
The Division has reviewed your application for a No Exposure Certification for Exclusion(NE)for the subject
facility. Based on the information provided and a site visit conducted on November 5,2012,the NE has been
approved.
Please note that you are obligated to maintain no-exposure conditions at your facility. If conditions change such
that your facility can no longer qualify for aNE,you are obligated to immediately obtain NPDES permit coverage
for your stormwater discharge. Otherwise,the discharge becomes subject to enforcement as an un-permitted
discharge. Your NE does not expire. In order to help assure that your facility stays in compliance with all of the
conditions in the Certification,you must self-recertify your facility at least annually.Please see the attachment
for information on self-recertification.
Your conditional exclusion from permitting does not affect your facility's legal requirements to obtain environmental
permits that may be required under other federal, state,or local regulations or ordinances.
If you have any questions or need further information,please contact Susan Wilson at(828)296-4665,or at
susaii.a.wilsoji@,ncdenr.gov.
Sincerely,
l'y{J
for Charles Wakild,P.E.
Eric.
cc: Stormwater Permitting Unit/Ken Pickle,No-Exposure Files
ARO Files
S:\SWP\Henderson\Stormwater\3-No Exposures\APRVL.SMARTRAC NCGNE0892.11 2012.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]\FAX:[phone] One,
Internet:www.ncwaterqual4.org NOrthCa.rohna.
An Equal Opportunity i Affirmative Action Employer Nallildily

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 26, 2012
Mr.Paul Peek, General Manager
Custom Pak, Inc.
P.O.Box 2687
Hendersonville,NC 28793
Subject: No Exposure Certification—Approval
NCGNE0882
Custom Pak Inc.-2123 Ridge Road
Henderson County
Dear Mr. Peek:
The Division has reviewed your application for a No Exposure Certification for Exclusion(NE)for the subject
facility. Based on the information provided and the follow-up site visit conducted on July 27,2012,the NE has been
approved.
Please note that you are obligated to maintain no-exposure conditions at your facility. If conditions change such
that your facility can no longer qualify for a NE,you are obligated to immediately obtain NPDES permit coverage
for your stormwater discharge. Otherwise,the discharge becomes subject to enforcement as an un-permitted
discharge. Your NE does not expire. In order to help assure that your facility stays in compliance with all of the
conditions in the Certification,you must self-recertify your facility at least annually.Please see the attachment
for information on self-recertification.
Your conditional exclusion from permitting does not affect your facility's legal requirements to obtain environmental
permits that may be required under other federal,state, or local regulations or ordinances.
If you have any questions or need further information,please contact Susan Wilson at(828)296-4665, or at
susan.a.wilson(a-)ncdenr.gov.
Sincerely,
51
` , �'
for Charles Wakild,P.E.
Enc.
cc: Stormwater Permitting Unit/Ken Pickle,No-Exposure Files
ARO Files
Jim Jackson, Custom Pak Inc. (same address)
i
S:\SWP\Henderson\Stormwater\3-No Exposures\APRVL.Custom Pak NCGNE0882.11 2012.doc
Location:2090 U.S.Highway 70,Swannanoa.North Carolina 28778 �^+ 1
Phone:[phone]M FAX:[phone] One
NOI"tI1CaCO�l11a
Internet:www.ncwaterquality.org
An Equal Opportunity;Affirmative Action Employer
1d1�111'���1�,j

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NC®IN R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 26, 2012
Mr. James L. Huff
Madison County Solid Waste Department
271 Craig Rudisill Rd.
Marshall,NC 28753
Subject: NPDES Stormwater Permit- Representative Outfall Status Approval
Madison County Landfill Permit No.NCG120082
Madison County
Dear Mr. Huff:
Division of Water Quality staff has reviewed your request for representative outfall status at the
subject facility. Based on a site inspection conducted June 6, 2012 by Linda Wiggs and the
information provided,the request has been approved and is effective with the next sampling
event.
In accordance with 40 CFR §122.21(g)(7), you are authorized to sample the outfalls as described
in the following table.
Representative Stormwater SDOs Represented
Discharge Outfall (SDO)
OF-5 OF-1, OF-2, OF-3
(which shall be designated as
the outfall from the pond)
Please note: the permit still requires Qualitative Monitoring be performed at all SDOs,
regardless of representative status.
Madison County Solid Waste is still required to perform analytical and qualitative monitoring at
Outfall OF-4.
Please remember that any actions you initiate in response to benchmark exceedances as directed
in the tiered response provisions of your permit, must address all drainage areas represented by
the SDO,where appropriate.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 t�TOne
Phone:[phone] FAX:[phone] NofthCarohna
Internet:www.ncwateraualitv.org Naturally
. -An Fnual nnnnrtunity Affirmativecti Ann Fmninva ff1�/r

Mr.Huff
November 26,2012
Page 2 of 2
Please append this letter to your permit to document that representative outfall status has been
approved. If changes in drainage areas, structures, processes, storage practices, or other
activities occur that significantly alter the basis of this approval,representative outfall status may
no longer be valid. You should either resume sampling at all SDOs, or reapply to this office for
representative outfall status based on updated information. If you have any questions or
comments concerning this letter,please contact Susan Wilson at(828) 296-4500 or
susan.a.wilson(c,,,ncdenr.g_ov .
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: ARO Files
Stormwater Permitting Unit
Central Files
S:\SWP\A4adison\Stormwater\NCG12 Landfills\Madison Co Landfill NCG120082\LTR.R0S.Madison Co LF.11 2012.doe

AJ A
MA
NCEN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director
Secretary
November 28,2012
Mr.J.J. Swain,Jr.,P.E.
Division 13 Engineer
North Carolina Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Permit No. SW1121101
NCSR 1321 Lump Town Road
State Stormwater Permit
N C Department of Transportation
Madison County
Dear Mr. Swain:
The Asheville Regional Office received a completed Stormwater Application for the subject project on November 21, 2012.
Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater
Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW1121101 dated November 28, 2012 to
the NC Department of Transportation for proposed improvements and widening of NCSR 1321, Stump Town Road, over two
(2)unnamed tributaries of Highshoal Branch in Madison County.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as
specified therein.
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 thirty(30)days following receipt of this permit. 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, NC 27699-6714. Unless such demands are made this permit
shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact Mr. Mike Parker at (828).
296-4500.
Sincerely,
r
(tr-3ethuck Cranford,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
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 '!N�/�
�/
Internet: www.ncwaterquality.org `
An Equal OPPortunity 1,Affirmative Action EmPloyer N�tK` ;/

Mr.J.J. Swain,Jr.
November 28,2012
Page Two
cc: Chris Deyton,Madison County Maintenance Engineer
Roger Bryan,Division 13 DEO
DWQ Transportation Permitting Unit
Mike Parker,Asheville Regional Office
�J

State Stormwater Management Systems
Permit No. SWt 121101
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
STORMWATER PERMIT
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
NC Department of Transportation
Madison County
FOR THE
Construction of a public road in compliance with the provisions of 15A NCAC 2H.1000 (hereafter referred to as the
"stormwater rules')and the approved stormwater management plans and specifications and other supporting data as attached
and on file with and approved by the Division of Water Quality and considered a part of this permit for improving and
widening NCSR 1321 over two(2)unnamed tributaries of Highshoal Branch on NCSR 1321, Lump Town Road in Madison
County.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified
conditions and limitations:
I. DESIGN STANDARDS
1. The runoff from the impervious surfaces has been diverted away from surface waters as much as possible.
2. The amount of built-upon area has been minimized as much as possible.
3. Best management Practices are employed which minimizes water quality impacts.
4. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the
permit.
5. Vegetated roadside ditches are 3:1 slopes or flatter.

II. SCHEDULE OF COMPLIANCE
1. The permittee shall at all times provide adequate erosion control measures in conformance with the approved Erosic'
Control Plan.
2. The Director may notify the permittee when the permitted site does not meet one or more of the minimum
requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written
time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide
copies of revised plans and certification in writing to the Director that the changes have been made.
3. The permittee shall submit all information requested by the Director or his representative within the time frame
specified in the written information request.
4. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and
calculations prior to construction for the following items:
a. Major revisions to the approved plans, such as road realignment, deletion of any proposed BMP, changes
to the drainage area or scope of the project, etc.
b. Project name change.
C. Redesign of,addition to, or deletion of the approved amount of built-upon area,regardless of size.
d. Alteration of the proposed drainage.
5. The Director may determine that other revisions to the project should require a modification to the permit.
III. GENERAL CONDITIONS
1. This permit is not transferable to any person except after notice to and approval by the Director. The Director may
require modification or revocation and reissuance of the permit to change name and incorporate such other
requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality
accompanied by the appropriate fee,documentation from the parties involved, and other supporting materials as may
be appropriate. The approval of this request will be considered on its merits and may or may not be approved. The
permittee is responsible for compliance with the terms and conditions of this permit until such time as the Director
approves the transfer.
2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement
action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6(A) to 143-
215.6(C).
3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules,
regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal), which
have jurisdiction.
4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and
reissuing the permit,or terminating the permit as allowed by laws,rules,and regulations contained in Title 15A of the
North Carolina Administrative Code,Subchapter 2H.1000;and North Carolina General Statute 143-215.1 et.al.
5. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit
modification,revocation and reissuance or termination does not stay any permit condition.
6. The permit issued shall continue in force and effect until revoked or terminated.
7. The permittee shall notify the Division of any name,ownership or mailing address changes within 30 days.

Permit issued this the 28th day of November 2012.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT CONMUSSION
61
—,Zqc—
L�Charles Wakild,P.E.,Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW1121101
SW 1121101 NCSR 1321 Lump Town Road Madison County

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Date Received Fee Paid Permit Number
f ® d y t a � SW1121101 .: ..: .
State of North Carolina e n u
nppartment of Environment and Natural Resource IS ( "
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OR , A9 TER MANAGEMENT PERMIT APPLICATIO t +
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p, _c !; LINEAR ROADWAY PROJECT
�ruc`?ILLS r F� :r1L l r m.,_
r.. --- ------ This form may be photocopied for use as an original.
DWQ StormwatefMana ement Flan Review:
A complete stormwater management plan.submittal includes this application form, a supplement form for each BMP
proposed(see Section V),design calculations, and plans and specifications showing all road and BMP details.
I. PROJECT INFORMATION
NCDOT Project Number: 13C.057109 County: Madison
Project Name: Tolley Waste Area to be used during widening of SR 1321 Lump Town Road
Project Location: Tolley Waste Area is located in the vicinity of STA 19+00 on SR 1321.
Contact Person:Roger D. Bryan/!/,J- S Alty^ Phone:[phone] Fax:
Receiving Stream Name:UT to Highshoals Branch River Basin: French Broad C1ass:ORW
Proposed linear feet of project:3.36 acres
Proposed Structural BMP and Road Station (attach a list of station and BMP type if more room is needed):
No structural BMP's are proposed. The project will have wattles with PAM, earthen berms,Type B basins with coir fiber
baffles and Type A checks.
Type of proposed project: (check all that apply):
®New ❑Widening ❑2 lane* ❑4 lane* ❑Curb and Gutter ❑Bridge Replacement
®Other(Describe)Secondary road maintenance project waste area.
*2 lane and 4 lane imply that roadside ditches are used unless Curb and Gutter is also checked.
H. REQUIRED ITEMS CHECKLIST
Initial in the space provided below to indicate the following design requirements have been met and supporting
documentation is attached. Supporting documentation shall, at a minimum, consist of a brief narrative description
including(1)the scope of the project,(2)how the items below are met, (3)how the proposed best management practices
minimize water quality impacts, and(4)any significant constraints and/or justification for not meeting a,b, c and d to the
maximum extent practicable.
Designer's Initials
r c D a. The amount of impervious surface has been minimized as much as possible.
The runoff from the impervious areas has been diverted away from surface waters as much as possible.
i
Best Management Practices are employed which minimize water quality impacts.
Vegetated roadside ditches are 3:1 slope or flatter.
r.' Q111AA1-'KT( nnT 1 4—,Rna(lwav_Rav 1 Parta 1 nf7

III. OPERATION AND MAINTENANCE AGREEMENT
I acknowledge and agree by my initials below that the North Carolina Department of Transportation is responsible for the
implementation of the four maintenance items listed. I agree to notify DWQ of any operational problems with the BMP's
that would impact water quality or prior to making any changes to the system or responsible party.
Maintenance Engineer's Initials
6 S b a. BMP's shall be inspected and maintained in good working order.
OD D b. Eroded areas shall be repaired and reseeded as needed.
C SD c. Stormwater collection systems, including piping, inlets,and outlets,shall be maintained to insure proper
functioning.
Maintenance Engineer's Name: Chris Deyton
Title: Madison Countv Maintenance Engineer
IV. APPLICATION CERTIFICATION
1, (print or type name) Yates Allen of Division 13 -Division Office Branch,
certify that the information included on this permit application form is,to the best of my knowledge, correct and that the
project will be constructed in conformance with the approved plans and that the proposed project complies with the
requirements of 15A NCAC 2H.1000.
Title:Division Environmental Specialist
Address:P.O. Box 3279 Asheville NC 28802
Signature: Date: /t/a v Z
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s)listed below must be submitted for each BMP
specified for this project. Contact the Stormwater and General Permits Unit at(919) 733-5083 for the status and
availability of these forms.
Form SW401-Low Density Low Density Supplement
Form SW401-Curb Outlet System Curb Outlet System Supplement
Form SW401-Off-Site System Off-Site System Supplement
Form SW401-Wet Detention Basin Wet Detention Basin Supplement
Form SW401-Infiltration Basin Infiltration Basin Supplement
Form SW401-Infiltration Trench Underground Infiltration Trench Supplement
Form SW401-Bioretention Cell Bioretention Cell Supplement
Form SW401-Level Spreader Level Spreader/Filter Strip/Restored Riparian Buffer Supplement
Form SW401-Wetland Constructed Wetland Supplement
Form SW401-Grassed Swale Grassed Swale Supplement
Form SW401-Sand Filter Sand Filter Supplement
T:nr Q WAAI-NT('T) 1T T inaar Rnallixrav_Rov 7 Parta 7 nf7

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 28,2012
Haywood County
DWQ Project 20121076
NCSR 1818(Ratcliff Cove Road)
Approval of 401 Water Quality Certification with Additional Conditions
Mr. J. B. Setzer,P.E.
Division 14 Engineer
North Carolina Department of Transportation
253 Webster Road
Sylva,North Carolina, 28779
Dear Mr. Setzer:
You have our approval, in accordance with the conditions listed below, for the following impacts in an unnamed tributary
to Ratcliff Cove Branch for the purpose of replacing Bridge No. 194 with a single-barrel 45-foot long, 10-foot by 6-foot,
reinforced concrete box culvert on NCSR 1818(Ratcliff Cove Road) in Haywood County:
Stream Impacts in the French Broad River Basin
Site Temporary Fill Permanent Permanent Temporary Total Stream
In Intermittent Fill in Fill in Impacts in Stream Impacts
Stream Intermittent Perennial Perennial Impact Requiring
(linear ft) Stream(linear Stream Stream (linear ft) Mitigation
ft) (linear ft) (linear ft) (linear ft
Site 1 0 0 45 92 137 0
Total 0 0 45 1 92 137 0
Total Permanent Stream Impacts for Project: 45 lin.ft. Total Temporary Stream Impacts for Project: 92 linear ft.
The project should be constructed in accordance with your application dated November 20, 2012 (received November 27,
2012), 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. 3886, 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.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOl li1CO11Tla
Phone:: www.ncwaterquality.org
FAX:[phone] Customer Service:1-877-623-6748 �aturaj��
Internet: ww.ncwaterquality.org L
An Equal Opportunity 1 Affirmative action Employer

Mr. J. B. Setzer,P.E.
November 28, 2012
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.
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 tht'.
requirements of the Sedimentation Pollution Control Act.
4. NCDOT is providing off-site mitigation of 45 linear feet through the North Carolina Ecosystem Enhancement
Program by letter dated November 19,2012.
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. 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.
7. 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.
8. 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.
9. 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 foi,
maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be
temporary and be revegetated with native riparian species.

Mr.J.B. Setzer,P.E.
November 28, 2012
�. Page Three
10. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
11. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and
red maple) must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
12. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
13. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic
life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
14. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
15. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels,lubricants,hydraulic fluids, or other toxic materials.
16. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
17.Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
18. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life and fish kills.
19. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
20. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on-site project manager.
21. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
22. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
23. The outside buffer,wetland or water boundary located within the construction corridor approved by this authorization
shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the
fencing are prohibited unless otherwise authorized by this certification.
24. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other
appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being
met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that
further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification.
25. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules,
regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
26. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
27. 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 28,2012
Page Four
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404
or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60)
days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter
150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service
Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an
adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the
Certification. Unless such demands are made,this Certification shall be final and binding.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
d
Charles Wakild,P.E.,Director
Division of Water Quality
Attachments
cc: Lori Beckwith,USACE,Asheville Field Office
Mark Davis,Division 14,DEO
Ed Ingle,Roadside Environmental
Marla Chambers,NCWRC
Transportation Permitting Unit
Asheville Regional Office
20121076(Setzer)Bridge 194 NCSR 1818(Ratcliff Cove Road)

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NCDENR
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 28,2012
Jackson County
DWQ Project 20121062
NCSR 1120(Cedar Creek Road)
Approval of 401 Water Quality Certification with Additional Conditions
Mr.J.B. Setzer,P.E.
Division 14 Engineer
North Carolina Department of Transportation
253 Webster Road
Sylva,North Carolina,28779
Dear Mr. Setzer:
You have our approval,in accordance with the conditions listed below,for the following impacts in an unnamed tributary
to Cedar Creek for the purpose of replacing Bridge No. 296 with a double-barrel 52-foot long, 8-foot by 5-foot,reinforced
concrete box culvert on NCSR 1120(Cedar Creek Road) in Jackson County:
Stream Impacts in the Little Tennessee River Basin
Site Temporary Fill Stream Bank Permanent Temporary Total Stream
In Intermittent Stabilization Fill in Impacts in Stream Impacts
Stream and Flood Perennial Perennial Impact Requiring
(linear ft) Plain Benches Stream Stream (linear ft) Mitigation
in Perennial (linear ft) (linear ft) (linear ft)
Stream
(linear ft)
Site 1 0 0 52 110 162 0
Site 2 and 2A 0 67 0 0 67 0
Total 0 1 67 1 52 110 229 1 0
Total Permanent Stream Impacts for Project: 1191in.ft.Total Temporary Stream Impacts for Project: 110 linear ft.
The project should be constructed in accordance with your application dated November 15,2012 (received November 20,
2012), 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. 3886, 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
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 1
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollna
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 �a'tura���
Internet: www.ncwaterquality.org
An Equal Opportunity,Affirmative Action Employer

Mr.J.B. Setzer,P.E.
November 28,2012
Page Two
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.
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, borrol
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. NCDOT is providing off-site mitigation of 52 linear feet through the North Carolina Ecosystem Enhancement
Program by letter dated November 8,2012.
5. This project has the potential to impact trout waters or other aquatic species of concern. No construction activities
shall begin until the NCWRC makes a determination regarding moratoria. Should the NCWRC determine that a
moratorium is applicable,then the requirements of any moratorium shall be a condition of this 401 Certification. If
NCDOT does not wish to honor the moratorium,then a written modification shall be requested.
6. 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.
7. 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.
�l

Mr. J. B. Setzer,P.E.
November 28, 2012
Page Three
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval,
18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
19. 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.
20. No rock, sand or other materials shall be dredged from the stream channel except where 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. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
23. 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.
24. 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.
25. 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.

Mr.J. B. Setzer,P.E.
November 28,2012
Page Four
26. 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.
27. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
28. 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. J
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,
Charles Wakild,P.E.,Director
Division of Water Quality
Attachments
cc: Lori Beckwith,USACE,Asheville Field Office
Mark Davis,Division 14,DEO
Ed Ingle,Roadside Environmental
Marla Chambers,NCWRC
Transportation Permitting Unit
Asheville Regional Office
20121062(Setter)Bridge 296 NCSR 1120(Cedar Creek Road)

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director
Secretary
November 28,2012
Henderson County
DWQ Project 20121061
NCSR 1525 (Dana Road)
Approval of 401 Water Quality Certification with Additional Conditions
Dr. Gregory J.Thorpe,Ph.D.,Manager
North Carolina Department of Transportation
Project Development and Environmental Analysis
1598 Mail Service Center
Raleigh,North Carolina,27699
Dear Dr.Thorpe:
You have our approval, in accordance with the conditions listed below,for the following impacts in Devil's Fork Creek
for the purpose of replacing Bridge No.45 with a double-barrel 65-foot long,9-foot by 9-foot,reinforced concrete box
culvert and a 136 foot long culvert for a temporary on-site detour on NCSR 1525 (Dana Road)in Henderson County:
\ Stream Impacts in the French Broad River Basin
Site Temporary Fill Stream Bank Permanent Temporary Total Stream
In Intermittent Stabilization Fill in Impacts in Stream Impacts
Stream (linear ft) Perennial Perennial Impact Requiring
(linear ft) Stream Stream (linear ft) Mitigation
(linear ft) (linear ft) linear ft)
Site 1 0 0 65 0 65 0
Site 2 0 60 0 0 60 0
Site 3 0 0 0 136 136 0
Total 0 60 65 1 136 1 261 0
Total Permanent Stream Impacts for Project: 125 lin.ft.Total Temporary Stream Impacts for Project: 136 linear ft.
The project should be constructed in accordance with your application dated November 7, 2012 (received November 19,
2012), 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. 3885, 3891 and 3893,
corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 13, 23 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
i/
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 one
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NofthCarohna
Internet www.ncwaterquality.org Aahlr,44
An Equal Opportunity!Affirmative Action Employer

Dr. Gregory J.Thorpe,Ph.D.
November 28,2012
Page Two
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:
l. 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, borroV,"✓
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. NCDOT is providing off-site mitigation of 65 linear feet through the North Carolina Ecosystem Enhancement
Program by letter dated October 11,2012.
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. 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.
7. 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.

Dr. Gregory J. Thorpe,Ph.D.
November 28, 2012
Page Three
8. 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.
9. 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. .
10. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
11. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and
red maple) must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
12. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
13. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic
life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
14. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
15. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants,hydraulic fluids, or other toxic materials.
16. The Permittee shall ensure that the final design drawings adhere,to the permit and to the permit drawings submitted
for approval.
17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
18. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life and fish kills.
19. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
20. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications,if any, shall be maintained with the Division Engineer
and the on-site project manager.
21. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
22. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
23. The outside buffer,wetland or water boundary located within the construction corridor approved by this authorization
shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the
fencing are prohibited unless otherwise authorized by this certification.
24. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other
appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being
met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that
further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification.

Dr. Gregory J.Thorpe,Ph.D.
November 28, 2012
Page Four
25. The issuance of this certification does not exempt the Permiee form complying with any and all statutes, rules,
regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
26. The Permiee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
27. 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,
Q
harles Wakild,P.E.,Director
Division of Water Quality
Attachments
cc: Lori Beckwith,USACE,Asheville Field Office
Mark Davis,Division 14,DEO
Ed Ingle,Roadside Environmental
Marla Chambers,NCWRC
Transportation Permitting Unit
Asheville Regional Office
20121061(Thorpe)Bridge 45 NCSR 1525(Dana Road)

A
NCDENR
North Carolina Department of Environment and Natural.Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 30, 2012
Mr. David S. Wack, Director, Plant Services
Fletcher Academy Inc.
P.O. Box 5335
Fletcher, North Carolina 28732
Subject: NOTICE OF VIOLATION
NOV-2012-MV-0119
Permit No. NCO036641
Fletcher Academy WWTP
Henderson County
Dear Mr. Wack:
A review of Fletcher Academy WWTP's monitoring report for August 2012 showed the following
violations:
Parameter Date Measuring Violation
Frequency
DO, Oxygen, Dissolved Week ending 8/04/2012 Weekly Failure to Monitor
Temperature, Water Deg. Week ending 8/04/2012 Weekly Failure to Monitor
Centigrade
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 and also a copy to
this office.
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 or me at 828/2964500.
Sincerely, �/,"
611
Chuck ranford, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James&James Environmental/ORC
S:\SWP\Henderson\Wastewater\Minors\Fletcher Academy 36641\NOV-2012-MV-0119.doc one
NorthCarolina
NW61Cll4
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.ncwaterguality.org FAX [phone]

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 30, 2012
Mr. John Vanderschaaf
Waterford Place Property Owners Association
10 Lakeview Court
Brevard, North Carolina 28712
Subject: NOTICE OF VIOLATION
NOV-2012-MV-0120
Permit No. NCO055905
Waterford Place WWTP
Transylvania County
Dear Mr. Vanderschaaf:
A review of Waterford Place WWTP's monitoring report for August 2012 showed the following
violation:
Parameter Date Measuring Violation
Frequency
Flow, in conduit or thru Week ending 08/04/2012 Weekly Failure to Monitor
treatment plant
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in "
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently,please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
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 or me at 828/2964500.
Sincerely,
-'
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ORC
S:\SWP\Transylvania\Wastewater\Minors\Waterford Place 55905\NQV-2012-MV-0120.doc NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.ncwaterguality.org FAX [phone]

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Aljl,�22h
WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 30, 2012
Mr. Kevin A. Long,Director
Camp Carolwood Inc.
1181 Camp Carolwood Lane
Lenoir, North Carolina 28645
Subject: NOTICE OF DEFICIENCY
NOD-2012-MV-0086
Permit No. NCO035939
Camp Carolwood WWTP
Caldwell County
Dear Mr. Long:
A review of Camp Carolwood WWTP's monitoring report for August 2012 showed the following
violation:
Parameter Date Measuring Violation
Frequency
Chlorine, Total Residual Week from 08/19/2012 2 X week Failure to Monitor
through 08/25/2012
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 and also a copy to this
office.
Remedial actions should betaken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell or me at 828/2964500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Water Tech Labs/ORC
S:\SWP\Caldwell\Wastewater\Minors\Camp Carolwood 35939\NOD-2012-MV-0086.doc No thCarolina
AaturallrY
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www,ncwatercivality.ora FAX [phone]

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 30, 2012
Mr. Lee T. Huffman
Huffman Finishing Inc.
P.O. Box 170
Granite Falls, North Carolina 28630-0170
Subject: NOTICE OF VIOLATION
NOV-2012-LV-0602
Permit No. NCO025135
Huffman Finishing WWTP
Caldwell County
Dear Mr. Huffman:
A review of Huffman Finishing's monitoring report for August 2012 showed the following violation:
Parameter Date Limit Value Reported Value Limit Type
Chromium, Total (as Cr) 08/13/2012 2.6 Ibs/day 3.79 Ibs/day Daily Maximum
Exceeded
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance
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 or me at 828/296-4500.
Sincere,
f
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
M. Shuford Wise/ORC
S:\SWP\Caldwell\Wastewaterlindustrial\Huffman Finishing 25135\NOV-2012-LV-0602.doc O�rthCarolina
NWAMMI&I
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.ncwatergualitv.om FAX [phone]