DWR SWP Read File Archive Nov. 2009

....�.� r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue . Coleen H. Sullins
Governor Director
Johnny Brown, Mayor
Town of Andrews
PO Box 1210
Andrews NC 28901
November 5, 2009
Dee Freeman
Secretary
Subject: NOTICE OF VIOLATION
NOV-2009-PC-0886
Pretreatment Compliance Inspection
Andrews WWTP
Permit No. NCO020800
Cherokee County
Dear Mayor Brown:
Enclosed please find a copy of the Inspection Report from the inspection conducted 2009-10-29. The
Pretreatment Compliance Inspection was conducted by Keith Haynes of the Asheville Regional Office. The
Town's approved modified pretreatment program was found to be in violation of Permit NCO020800 for the
following:
I Inspection Area Compliance Issue
Pretreatment Updated Headworks Analysis (HWA) past due
Please refer to the enclosed Inspection Report for any additional observations and comments.
To prevent further action, carefully review these violations and deficiencies and note that the HWA is due
on November 13, 2009. Failure to submit the updated Headworks by the aforementioned date will result
in this Office submitting an enforcement recommendation to Raleigh for consideration. If you should
have any questions, please do not hesitate to contact Mr. Haynes at 8281296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Attachment
cc: Michael Ladd, w/ attachment
WQ Central Files w/ attachment
ARO w/ attachment
PERCS Unit w/ attachment
SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE One
Location: 2090 U:S. Highway 70 Swannanoa NC 28778 NorthCarolina
Phone: [phone]\FAX: [phone]\Customer Service 1 877 623 6748R lurR //�
Internet: www.ncwaterquality.orp ,.v E Fn..A�:�(i��,�.:� _�,�r.'�._�.r,.??�_ ,_,iFCa, ., �:�i,`1 .:a: �'�0686( ` `j

United States Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NC0020800 111 121 09/10/29 117 181 PI 19I SI 20I I
Remarks
2111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII116
Inspection Work Days Facility Self -Monitoring Evaluation Rating 61 QA --------------------------- Reserved ----------------------
67I 169 701 I 71 I_I 72I N I 73' I 174 751 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)
01:40 PM 09/10/29
07/10/01
Andrews WWTP
Exit Time/Date
Permit Expiration Date
Reagan Ave
Andrews NC 28901
03:10 PM 09/10/29
12/08/31
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Michael J. La.dd/ORC/828-479-6428/
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Michael Ladd,PO Box 1210 Andrews NC 28901/ORC/828-321-3006/
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Pretreatment
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Keith Haynes ARO WQ//828-296-4500/ e 9
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Roger C Edwards ARO WQ//828-296-4500/
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

NORTH CAROLINA DIVISION OF WATER QUALITY
PRETREATMENT COMPLIANCE INSPECTION (PCI) REPORT
.;KGROUND INFORMATION [Complete Prior To PCI: Review Program Info Database Sheet(s)]
Control Authority (POTW) Name: Town of Andrews
2. Control Authority Representative(s): Mike Ladd
3. Title(s): _Pretreatment Coordinator
4. Last Inspection Date: _9/25/08_ Inspection Type (Check One): ❑ PCI Z Audit
5. Has Program Completed All Requirements from the Previous Inspection and Program Info Sheet(s)? ❑ YES ® NO
6. Is POTW under an Order That Includes Pretreatment Conditions? ❑ YES ® NO
Order Type, Number, Parameters: Are Milestone Dates Being Met? ❑ YES ❑ NO
PCS CODING
Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac. Type
N C� 0 j 0 2 (0�8�0�0( �10 �29 I09 L P S I 1 J
(DTIA) (TYPI) (INSP) (FACC)
7. Current Number Of Significant Industrial Users (SIUs)?
I
SIUS
8. Current Number Of Categorical Industrial Users (CIUs)?
I
CIUS
9. Number of SIUs Not Inspected By POTW in the Last Calendar Year?
0
10. Number of SIUs Not Sampled By POTW in the Last Calendar Year?
0
11. Enter the Higher Number of 9 or 10
0
NOIN
12. Number of SIUs With No IUP, or With an Expired IUP
0
NOCM
13. Number of SIUs in SNC for Either Reporting or Limits Violations During Either of the Last 2
Semi -Annual Periods (Total Number of SIUs in SNC) 11
0
PSNC
14. Number of SIUs in SNC For Reporting During Either of the Last 2 Semi -Annual Periods
0
MSNC
5. Number of SIUs In SNC For Limits Violations During Either of the Last 2 Semi -Annual Periods
0
SNPS
16. Number of SIUs In SNC For Both Reporting and Limits Violations During Either of the Last 2
Semi-annual Periods
0
POTW INTERVIEW
17. Since the Last PCI, has the POTW had any NPDES Limits Violations?
If Yes, What are the Parameters and How are these Problems Being Addressed?
18. Since the Last PCI, has the POTW had any Problems Related to an Industrial
Discharge (Interference, Pass -Through, Blockage, Citizens' Complaints, Increased
Sludge Production, Etc.)?
If Yes, How are these Problems Being Addressed?
19. Which Industries have been in SNC for Limits or Reporting during SNC for
either of the Last 2 Semi -Annual Periods? Not Been Published for SNC for
Public Notice?(May refer to PAR if Excessive SIUs in SNC) Not Put
20. Which Industries are on Compliance Schedules or Orders? For all SIUs on an
Order, Has a Signed Copy of the Order been sent to the Division?
21. Are Any Permits Or Civil Penalties Currently Under Adjudication? If Yes, Which
Ones?
❑ YES ® NO
❑ YES ® NO
Limits: None
Reporting: None
dished: N/A
None
❑ YES ® NO
LTMP/STMP FILE REVIEW:
22. Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ® YES ❑ NO
23. Are Correct Detection Levels being used for all LTMP/STMP Monitoring? ® YES ❑ NO
Is LTMP/STMP Data Maintained in a Table or Equivalent? ® YES ❑ NO Is Table Adequate? ® YES ❑ NO
All LTMP/STMP effluent data reported on Discharge Monitoring Report? ❑ YES ❑ NO DWQ Inspector, please verify yourself!
26. If NO to 23 - 26, list violations
27. Should any Pollutants of Concern be Eliminated from or Added to LTMP/STMP? ❑ YES ® NO
If yes, which ones? Eliminated: Added:
NC DWQ Pretreatment Compliance Inspection (PCI) Form Updated 7/25/07 Page I

28. PRETREATMENT PROGRAM ELEMENTS REVIEW - Please review POTW files, verify POTW has copy of Program,:_
their files_ comnlete with sunnortine documents and conv of PFRCS Annroval Letter_ and dates consistent with Program Info:
Program Element
Last Submittal
Date In file?
Last Approval
Date In file
Date Next Due,
If Applicable
Headworks Analysis (HWA)
7/23/03
® Yes ❑ No
10/3/05
® Yes ❑ No
12/31/08
Industrial Waste Survey (IWS)
5/4/06
® Yes ❑ No
7/18/06
❑ Yes ❑ No
6/1/11
Sewer Use Ordinance (SUO)
7/31/07
® Yes ❑ No
8/3/07
® Yes ❑ No
Enforcement Response Plan (ERP)
10/29/08
® Yes ❑ No
11/19/08
® Yes ❑ No
Long Term Monitoring Plan (LTMP)
12/17/08
® Yes ❑ No
12/18/08
® Yes ❑ No
INIIIT.QTRIAT, iTSFR PERMIT (TITP) Fii.R REVIEW (I TTIP FTI.F RFVTFWS OR 1 FTI.F, RFVTF.W AND 1 IU INSPECTION)
29. User Name
�— Team Industries 2.
3.
30. IUP Number
0004
I
31. Does File Contain Current Permit?
® Yes ❑ No 11
❑ Yes ❑
I ❑ Yes ❑ No
32. Permit Expiration Date
9/2/13
33. Categorical Standard Applied (I.E. 40 CFR, Etc.) Or N/A
433
r —
34. Does File Contain Permit Application Completed Within One Year Prior
® Yes ❑ No
❑ Yes ❑ No
o
❑Yes El No
to Permit Issue Date?
35. Does File Contain an Inspection Completed Within Last Calendar Year?
I ® Yes ❑ No
El Yes ❑ No
❑
Yes ❑ No
36. a. Does the File Contain a Slug/Spill Control Plan?
a. ®Yes ❑No
a. ❑Yes ❑No
a. ❑Yes ❑No
b. If No, is One Needed? (See Inspection Form from POTW)
b. ❑Yes ❑No
b. ❑Yes ❑No
b. ❑Yes ❑No
37. For 40 CFR 413 and 433 TTO Certification, Does File Contain a Toxic
®Yes❑No❑N/A
❑Yes❑No❑N/A
❑Yes❑No❑N/A
Organic Management Plan (TOMP)?
38. a. Does File Contain Original Permit Review Letter from the Division?
a. ®Yes ❑No
a. []Yes ❑No
a. ❑Yes ONO
b. All Issues Resolved?
b.®Yes❑No❑N/A
b:❑Yes❑No❑N/A
b.❑Yes❑No❑N/A
39. During the Most Recent Semi -Annual Period, Did the POTW Complete
® Yes ❑ No 11
❑ Yes ❑ No
ElYes [I No
its Sampling as Required by IUP, including flow?
40. Does File Contain POTW Sampling Chain -Of -Custody Forms?
I
® Yes El
-No
❑ Yes ❑ No
❑ Yes ❑ No
41. During the Most Recent Semi -Annual Period, Did the SIU Complete its
®Yes❑No❑N/A
❑Yes❑No❑N/A
❑Yes❑No❑N/A
Sampling as Required by IUP, including flow?
41b. During the Most Recent Semi -Annual Period, Did SIU submit all reports
®Yes❑No❑N/A
Yes❑No❑N/A
IP
❑Yes❑No❑NIA
on time?
42a. For categorical IUs with Combined Wastestream Formula (CWF), does
❑Yes❑No®N/A
❑Yes❑No❑N/A
❑Yes❑No❑N/A
file includeprocess/dilution flows as Required by IUP?
42b. For categorical IUs with Production based limits, does file include
❑Yes❑No®N/A
❑Yes❑No❑N/A
❑Yes❑No❑N/A
production rates and/or flows as Required by IUP?
43a. During the Most Recent Semi -Annual Period, Did the POTW Identify
®Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
All Limits Non -Compliance from Both POTW and SIU Sampling?
43b. During the Most Recent Semi -Annual Period, Did the POTW Identify
❑Yes❑No®N/A
❑Yes❑No❑N/A
❑Yes❑NOON/A
All Re ortin Non -Compliance from SIU Sampling?
44. a. Was the POTW Notified by SIU (Within 24 Hours) of All Self-
a.❑Yes❑No®N/A
a.❑Yes❑No❑N/A
a.❑Yes❑No❑N/A
Monitoring Violations?
b. Did Industry Resample and submit results to POTW Within 30 Days?
b.❑Yes❑No®N/A
b.❑Yes❑No❑N/A
b.❑Yes❑No❑N/A
c. If applicable, Did POTW resample within 30 days of becoming aware
c.❑Yes❑No®N/A
c.❑Yes❑No❑N/A
c.❑Yes❑No❑N/A
of SIU limit violations in the POTW's sampling of the SIU?
45. During the Most Recent Semi -Annual Period, Was the SIU in SNC?
❑ Yes ® No
11
❑ Yes
❑
No
11
❑ Yes
❑ No
46. During the Most Recent Semi -Annual Period, Was Enforcement Taken
❑Yes❑No®N/A
❑Yes❑No❑N/A
❑Yes❑No❑N/A
11
as Specified in the POTW's ERP (NOVs, Penalties, timing, etc.)?
47. Does the File Contain Penalty Assessment Notices?
❑Yes❑No®N/A
❑Yes❑No❑N/A
❑Yes❑No❑N/A
48. Does The File Contain Proof Of Penal Collection?
❑Yes❑NoON/A 1
❑Yes❑No❑N/A
❑Yes❑No❑N/A
49. a. Does the File Contain Any Current Enforcement Orders?
a.❑Yes❑No®N/A
a.❑Yes❑No❑N/A
a.❑Yes❑No❑N/A
b. Is SIU in Compliance with Order?
b.❑Yes❑No®N/A
b.❑Yes❑No❑N/A
KOYes❑No❑N/A
50. Did the POTW Representative Have Difficulty in Obtaining Any of This
❑Yes ® No
❑Yes ❑ No
7es ❑ No
Requested Information For You?
NC DWQ Pretreatment Compliance Inspection (PCI) Form l ipdated 7/25/07 Page 2

W COMMENTS:
avere generally in good order.
INDUSTRY INSPECTION PCS CODING:
Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac. Type
INJ 1 L l l I I I 1 1 1 LSSJ l J
(DTIA) (TYPI) (INSP) (FACC)
1. Industry Inspected:
2. Industry Address:
3. Type of Industry/Product:
4. Industry Contact:
Title:
Phone:
Fax:
5. Does the POTW Use the Division Model Inspection Form or Equivalent? ❑ YES ❑ NO
6. Did the POTW Contact Conduct the Following Parts of the Industrial Inspection Thoroughly?
Comments:
A. Initial Interview
❑ YES ❑ NO
B. Plant Tour
❑ YES ❑ NO
C. Pretreatment Tour
❑ YES ❑ NO
D. Sampling Review
❑ YES ❑ NO
E. Exit Interview
❑ YES ❑ NO
_,ustrial Inspection Comments:
OVERALL SUMMARY AND COMMENTS:
Comments: With the exception of the Headworks, other deficiencies noted during the 2008 audit have been
Requirements: The updated Headworks Analysis (HWA) must be submitted to the PERCS Unit by no later than November 13, 2009 in
order for the Town to avoid further possible enforcement recommendations. Historical SNC was not included on the 2008 PAR. This should
be submitted as an amendment.
Recommendations: _Please be sure to include all effluent monitories data, required by the LTMP/STMP on the appropriate DMRs
NOD: ❑ YES ® NO
NOV: ® YES ❑ NO
QNCR: ® YES ❑ NO
POTW Rating:
Satisfactory Margin X Unsatisfactory
PCI COMPLETED BY: Keith Haynes a DATE: November 5, 2009
NC DWQ Pretreatment Compliance Inspection (PCI) Form Updated 7/25/07 Page 3

A JAAll..�...
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 2, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED - 7007 1490 0004 0713 8755
William N. Hughes
Town of Murphy
Post Office Box 130
Murphy, North Carolina 28906-0130
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO020940
Town of Murphy
Murphy WWTP
Case No. LV-2009-0393
Cherokee County
Dear Mayor Hughes:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,551.00 ($1,500.00 civil penalty + $51.00 enforcement costs) against Town of Murphy.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Town of Murphy for the month of July 2009. This review
has shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NC0020940. The violations which occurred in July 2009
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Murphy violated the terms,
conditions or requirements of NPDES Permit NCO020940 and G.S. 143-215. 1 (a)(6) in the manner
and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-
215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Town of Murphy:
None
rthCarolina
SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE Xturally
Location: 2090 U.S. Highway70, Swannanoa, NC 28778
Phone: [phone]\FAX: [phone]\Customer Service: 1-877-623-6748
Internet: www.ncwaterouality.orq

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0020940, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for CYANIDE.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$500.00 NC0020940, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$1,000.00 NC0020940, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Conc.
$1,500.00 TOTAL CIVIL PENALTY
$51.00 Enforcement Costs
$1,551.00 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)

iccurred 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
.1�t
3. File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an
attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a
filing fee is required by NCGS § 15013-23.2) is received in the Office of Administrative Hearings
within seven (7) business days following the faxed or electronic trammission. You should contact

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

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2009-0393 County: Cherokee
Assessed Party: Town of Murphy
Permit No. (if applicable): NC0020940 Amount Assessed: $1,551.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts "
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF Cherokee
Town of Murphy
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Murphy WWTP
PERMIT NO. NCO020940
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2009-0393
Having been assessed civil penalties totaling $1,551.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 2, 2009, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE
20

uivlslon or vvaier uuamy
Beverly Eaves Perdue Coleen H, Sullins Dee Freeman
Governor Director Secretary
November 2, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED — 7007 1490 0004 0713 8762
William N. Hughes
Town of Murphy
Post Office Box 130
Murphy, North Carolina 28906-0130
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215. 1 (a)(6)
and NPDES Permit NCO020940
Town of Murphy
Murphy WWTP
Case No. LV-2009-0394
Cherokee County
Dear Mayor Hughes:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,051.00 ($1,000.00 civil penalty + $51.00 enforcement costs) against Town of Murphy.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Town of Murphy for the month of August 2009. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0020940. The violations which occurred in
August 2009 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Murphy violated the terms,
conditions or requirements of NPDES Permit NCO020940 and G. S. 143-215.1(a)(6) in the manner
and extent shown in Attachment A. In accordance with the maximums established by G.S. 143
215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Town of Murphy:
SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway70, Swannanoa; NC 28778
Phone: [phone]\FAX: [phone]\Customer Service: 1-877-623-6748
Internet: www.ncwaterauality.org
One
NorthCarolina
JUr�turaltr�

2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$1,000.00 NC0020940, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS - Conc.
$1,000.00 TOTAL CIVIL PENALTY
$51.00 Enforcement Costs
$1,05 i .00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
I'
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

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

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment. If you have any questions, please contact Keith Haynes of the
Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Rd er C. Edwards Regional Supervisor
g � g p
Surface Water Protection
Asheville Regional Office
ATTACHMENTS
cc: Regional Supervisor w/ attachments
Enforcement File w/ attachments
Central Files w/ attachments

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2009-0394 County: Cherokee
Assessed Party: Town of Murphy
Permit No. (if applicable): NCO020940 Amount Assessed: $1,051.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts "
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282. 1 (b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF Cherokee
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
Town of Murphy
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
Murphy WWTP ) STIPULATION OF FACTS
PERMIT NO. NCO020940 ) FILE NO. LV-2009-0394
Having been assessed civil penalties totaling $1,051.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 2, 2009, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
11"N l206Mi-1

Beverly Eaves Perdue
Governor
ALT, ®a
vm
® NR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director I
November 2, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 1490 !
Larry M. Evers
Evers, LLC
552 Corbin Rd
Franklin, NC 28734
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFOF
NOV-2009-OP-0057
Stream Standard Violation- Other Wast
401 Water Quality Certification (WQC)
Removal of Best Usage
Macon County
Response deadline: November 24, 200
Dear Mr. Evers
On October 21, 2009, Chuck Cranford from the Ashe
Water Quality (DWQ) conducted a site inspection on
Road in Macon County. Mr. Matt Mason (Macon Cc
401 WQC and stream standard violations were noted dt
impacts to an unnamed tributary to McDowell Branch
measured approximately 500 feet.
VIOLATIONS
07
(In -stream sediment)
Dee Freeman
Secretary
Regional Office of the Division of
property located along Setser Branch
Erosion Control) was present.
tg the inspection. Sediment and fill
iss C waters) were documented. Impacts
I. Stream Standard Violation - Other Waste (In stream sediment)15A NCAC 02B .0211
(3)f - Approximately 500 feet of an unnamed tributary to McDowell Branch (Class C
waters) was impacted by sediment deposition greater than three (3) inches throughout the
Quality stream reach, representing Water ualit Stream Standard violation of 15A NCAC 02B
.0211 (3) (f).
SURFACE WATER PROTECTION SECTION— ASHEVILLE REGIONAL OFFICE 1�TOne t Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 1 Ort11C1T01111a
Phone: 828-29 ncwa e1 FAX: [phone] Customer Service: 1-877-623-0748
Internet: vvavw.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
i

Larry M. Evers
November 2, 2009
Page 2 of 4
II. 401 WQC Condition Violations — The structure being installed in the stream does not
meet the design standards of a bottomless culvert and is considered fill, which must be
permitted through the United States Army Corps of Engineers and DWQ. In addition, the
current activity is in violation of WQC conditions if it were approved by a 404 Permit.
III. Removal of Best Usage —15A NCAC 02B.0211 (2) — Greater than 125 feet of an
unnamed tributary to McDowell Branch (Class C waters) was impacted by fill, representing
Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2).
REQUIRED RESPONSE
This Office requests that you respond by November 24, 2009. Your response should be sent to
both the attention of Chuck Cranford, Division of Water Quality, 2090 US HWY 70, Swannanoa,
NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch, NPS Assistance and
Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response
should address the following items:
I. Stream Standard - Other Waste (In -Stream Sediment)
a. Please submit a Stream Restoration Plan (Plan) to this office for review and
approval. The Plan must address removal of the accumulated sediment from the
unnamed tributary to McDowell Branch and, if you do not plan to permit the
installation of the culvert structure, restoration of the stream channel. The Plan
must be submitted to the Division of Water Quality for review and approval prior to
implementation. You are encouraged to secure an enviromnental consultant
experienced in stream restoration to assist you with development of your plan and
authorization necessary to achieve compliance. It is recommended that your
consultant contact Chuck Cranford of the Asheville Regional Office for additional
guidance during restoration plan development. The Plan should include the
following:
Stream Restoration Plan (fill impacts) — Please explain how you plan to restore
the pattern, profile and dimension of the impacted stream channels to include
the removal of concrete footings. The streambed must be restored to the
original profile, the stream banks must be stabilized, and any fill material must
be removed from the riparian zone. Replanting of the riparian zone will be
required.
• Stream Restoration Plan (sediment impacts) — Sediment impacts to the streams
onsite and downstream of the site must be removed. The sediment should be
removed from the channel, taken to high ground away from the stream channel
and stabilized. Also, the plan must address the measures that will be used for
temporary stabilization/sediment control while this work is under way.
• A proposed schedule with dates that indicate when you expect to begin and
complete the stream restoration and removal of sediment.

2, 2009
if 4
• A diagram of the stream channel, referenced with photo documentation of
sediment impacts.
• A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standards are not exceeded.
b. Once the Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Chuck Cranford.
II. 401 WQ Certification
a. Clearly explain why appropriate 401 Water Quality Certification and a 404 Permit
were not secured.
b. If you plan to proceed with installation of the culvert, major modifications will be
necessary to meet conditions of the necessary 404 Permit and associated WQC,
possibly including stormwater management for all parcels connected with the
impacts to waters.
c. It is required that you contact the United States Army Corps of Engineers to
determine if a 404 Permit is necessary for the activities under discussion.
d. Satisfactory stream restoration requires planting in accordance with the EEP
Publication "Guidelines for Riparian Buffer Restoration". This document is
available electronically at 1-ittp://www.neeep.net/news/reports/buffers.pdf.
III. Removal of Best Usage —15A NCAC 02B.0211 (2)
a. The requirements listed above will meet the necessary response to this violation.

Larry M. Evers
November 2, 2009
Page 4 of 4
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above -mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Chuck Cranford at [phone].
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy — NPSACOU
Matt Mason - Macon County Planning (e-copy)
Ronnie Dilbeck (e-copy)
James Vanderwoude
1281 Georgia Road
Franklin, North Carolina 28734
ARO File Copy
DWQ Central Files
G:\WPDATA\DEMWQ\Macon\401s\Evers\NOV-2009-OP-0057.doc

RUNN""Rla
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 3, 2009
Mr. Mel S. Cohen/ Mayor
City of Morganton
PO Box 3448
Morganton, NC 28655-9850
SUBJECT: Special Order by Consent
NPDES Permit NCO026573
City of Morganton
Catawba River Pollution Control Facility
Burke County
Dear Mayor Cohen:
In the last year the Catawba River Pollution Control Facility has been experiencing non-compliance
issues. The facility has had various effluent limit violations in five of the last twelvemonths. These violations
appear to have been triggered by high rainfall events resulting in high flows entering the wastewater treatment
plant. These rainfall events coupled with the Town's inability to effectively maintain equipment at its treatment
plant has led to the aforementioned NPDES permit violations. Each incidence of reported non-compliance
triggered the issuance of either a Notice of Violation and/or an Enforcement case with the assessment of civil
penalties. These numerous permit violations have led to the facility's being on the Environmental Protections
Agency's (EPA) Watch List. The EPA policy does not recognize Notices of Violation (NOV) or Civil Penalty
Assessments (CPA) as corrective action. They only recognize an enforceable order such as a Special Order by
Consent (SOC).
If the City thinks that determining the cause of these violations may require additional construction or
some type of evaluation with additional sampling through the City's pretreatment program, it may be necessary
to consider entering into a Special Order by Consent. A Special Order by Consent (SOC) as prescribed by
North Carolina General Statues 143-215.2 and 143-215.67 is a voluntary legal document by which the City is
directed by the Environmental Management Commission to take actions in order to eliminate future violations.
Included in the SOC would be a schedule of dates indicating work to be performed in determining the causes of
the violations. In turn, the City may receive modified or relaxed limits as part of the Special Order by Consent.
The City must comply with these modified or relaxed limits until the Special Order by Consent expires.
Detailed information on SOC's can be found on the web at the following address:
http://h2o.enr.state.nc.us/psceu/SOC`/`20info.htm
No lhCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone]
G:\WPDATA\DEMWQ\Burke\26573 Morganton WWTP

r.
In response to continued violations and the associated environmental concerns, the Asheville Regional
Office would like to request the City consider entering into a Special Order by Consent until full NPDES permit
compliance is achieved. Additionally, if progress is not made on resolving these non-compliance issues, the
EPA will send a 308 letter which will require extensive detailed explanation and possibly follow with a 309
letter which may require the Division of Water Quality to move forward with an enforceable order. There is
also the possibility that the EPA could issue a Federal order.
It is requested you respond to this letter in writing within fifteen (15) days of receipt.
If you have any questions, please contact Jeff Menzel with the Water Quality staff in the
Asheville Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: Asheville Regional Files
Central Files
Jeremy E. Rees/ ORC

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 3, 2009
William McGlocklin
SKF USA Inc
1111 Adams Avenue
Norristown PA 19403-2403
Dee Freeman
Secretary
SUBJECT: Compliance Sampling inspection
Girmes Site Remediation
Permit No: NCO086088
Buncombe County
Dear Mr. McGlocklin:
Enclosed please find a copy of the Compliance Sampling Inspection conducted on
October 20, 2009. No violations of permit requirements or applicable regulations were
observed during this inspection.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500.
-�
Sincerely, ��
Jeff Menzel
Environmental Specialist
Enclosure
cc: Mark P Swann, ORC
Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NOrthCarolina
Phone: [phone]\FAX: [phone]\Customer Service: 1-877-623-6748 Internet: www.ncwaterguality.orq G:\WPDATA\DEMWQ\Buncombe\86088 SKF Girmes Nutuir'a[l////
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Ccleen H. Sullins Dee Freeman
Governor Director Secretary
November 4.2009
Mr. Iksoo Kim, Owner
Marion Travel Plaza
3365 Sugar Hill Road
Marion, North Carolina 28752
Subject: NOTICE OF VIOLATION
NOV-2009-PC-0881
Compliance Evaluation Inspection
Marion Travel Plaza WWTP
Permit No. N00086428
McDowell County
Dear Mr. Kim:
Enclosed please find a copy of the Inspection Report from the inspection conducted 10/27/2009. The Compliance
Evauluation Inpsection was conducted by Janet Cantwell and Don Price ofthe Asheville Regional Office. The wastewater
treatment facility was found to be in violation of Pen -nit NCO086428 for the following:
Inspection Area
Compliance Issue
Operations &
There was an odor of sewage upon arrival at the WWTP. Grease was observed
Maintenance
floating on top of the clarifier.
Based upon on -site observation, operations and maintenance at this facility are
creating conditions conducive to the attraction of vermin.
Operations &
There was a uniform dark color throughout the aeration basin and digester
Maintenance
which may indicate a lack of sludge wasting or possible diffuser issues.
Operations &
There was no sign on the pump station at the WWTP which would identify
Maintenance
whom to call in the event of an emergency.'
SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE One
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NorthCarohna
Phone: [phone]\FAX: [phone]\Customer Service: 1-877-623-6748 9���r��� _
Internet: www.ncwaterguality.org �'/ l i

Mr. Iksoo Kim
November 4, 2009
Page Two
Please refer to the enclosed Inspection Report for any additional observations and comments.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this office
within fifteen (15) working days of receipt of this letter. You should address the causes of noncompliance and all actions
taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact
Janet Cantwell at 828/296-4500.
Sincerely,
Ai
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Attachment
cc: DWQ Asheville Files w/ attachment
DWQ Central Files w/ attachment
KACE Environmental/ ORC w/ attachment
t3:1iiD._N}i TBAVVE)�i_.iE�t� Y 1._1! _t�_C;�' tll'.,�,;i�tS '£?� � ��z;t1 .96::_?*o'w.
U

United States Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 INI 2 Ig) 31 NCO086428 I11 121 09/10/27 117 18IC1 19ISI 201-I
I f I
Remarks
21I1_II IIll lIII ill Il liII I I I I iIII I I I I I I I I IIII 116
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA - -------- ---------Reserved) -----------------
671 169 70I^I 71 I�I 721 N I 73I l ' 74 751 I I 1� 1 I 1 180
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
10:03 AM 09/10/27
05/06/01
Marion Travel Plaza WWTP
Exit Time/Date
Permit Expiration Date
Sugarhill Rd NCSR 1001
Marion NC 28752
10:25 AM 09/10/27
09/12/31
Name(s) of Onsite Representative (s)/Tities(s)/Phone and Fax Number(s)
Other Facility Data
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Contaa
Iksoo Kim,3365 Sugar Hill Rd Marion NC 28752///
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Operations & Maintenance 0 Records/Reports Self -Monitoring Program
Facility Site Review
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signatures) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ ✓/
Don Price ARO WQ//828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

NPDES yr/mo/day Inspection Type (Cont. 1
3I NCO086428 I11 12I 09/10/27 117 18ICI
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
The permit will expire December 31, 2009. Your renewal application was received by the NPDES Unit
7/6/09.
The required Sludge Management Plan was not included in your submitted paperwork.
There was an odor of sewage upon arrival at the WWTP. Grease was observed floating on top of the
clarifier.
There was a dark uniform color throughout the aeration basin and digester. This may indicate a lack of
sludge wasting or possible diffuser issues.
There was no sign on the pump station at the WWTP which would identify whom to call in the event of an
emergency.
Based upon on -site observation, operations and maintenance at this facility are creating conditions
conducive to the attraction of vermin.
Page # 2

Permit: NCO086428 Owner - Facility: Marion Travel Plaza VWVTP
Inspection Date: 10/27/2009 Inspection Type: Compliance Evaluation
Permit
Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application?
N ❑ ❑ n
Is the facility as described in the permit?
M n ❑ n
# Are there any special conditions for the permit?
61 0 ❑
Is access to the plant site restricted to the general public?
N ❑ ❑ n
Is the inspector granted access to all areas for inspection?
1=1 fl
Comment: The permit will expire December 31, 2009. Your renewal application was
received by the NPDES Unit 716/09.
Operations & Maintenance
Yes No NA NE
Is the plant generally clean with acceptable housekeeping?
n n
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge
Judge, and other that are applicable?
Comment: There was an odor of sewage upon arrival at the WVVTP. Grease was
observed floating on top of the clarifier.
There was a dark uniform color throughout the aeration basin and digester. This may
indicate a lack of sludge wasting or possible diffuser issues.
Page # 3

j"
J

WCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director
Governor
November 4, 2009
Rudolph and Florence Gingras
530 Stoney Mountain Rd
Hendersonville, NC 28791
Subject: Notice of Violation Closure of Incident
NOV-2009-SS-0041
Henderson County
Dear Mr. and Ms. Gingras:
Dee Freeman
Secretary
Following a site visit on October 29, 2009, the DWQ has reviewed all pertinent information related
to the subject NOV and determined that incident may be closed.
The DWQ recommends you employ an engineer or other professional knowledgeable in dam design
and function for consultation regarding safe operation and maintenance of the dam.
Considering the condition of the emergency spillway of the dam and the eroding channel, the DWQ
suggests all efforts be made to maintain the discharge from the pond within the normal spillway.
This action returns water to the stream channel as originally designed. In addition, stabilization of
the emergency spillway discharge channel is highly recommended, which should alleviate much of
the erosion likely to occur during large storm events.
If deposition of sediment once again impacts water quality standards downstream of your property,
the DWQ may take further action.
Thank you for your cooperation in this matter. Should you have any questions or concerns, please
contact Chuck Cranford at [phone].
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: Tim Fox — Henderson County (e-copy)
ARO File Copy
DWQ Central Files
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Senjice: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
Jason Fulton - DLR (e-copy)
One
No thCarolina
Naturally

P"A
••
A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Coleen H. Sullins
Dee Freeman
Governor
Director Secretary
November 4, 2009
Thomas and Betsy Little
95 Dalonigei Court
Brevard, NC 28712
Subject: 401 Water Quality Certification - Approval
Deer Lake Village Lot 3
DWQ Project # 09-1024
Transylvania County
FrB / Wetland adjacent to Lambo Crk / B Trout
Dear Mr. and Mrs. Little:
The DWQ has completed the review of your 401 Water Quality Certification application associated with the
subject project listed above.
-Approval has been granted to place fill within or otherwise impact 0,017 acres of wetlands for the purpose of
.single family construction at the subject property. This approval requires you to follow the conditions listed
in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3705. This Certification allows
you to use Nationwide Permit 29 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control and Stormwater
regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location. or Reference
Wetlands 0.017 W 1
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Selvice:1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina

Mr. and Mrs. Little
October 30, 2009
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center Raleigh, N.C. 27699-6714.
This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Linda Wiggs in the Asheville Regional Office at
828-296-4500.
Sincerely,
Coleen H. Sullins, Director
G�
CHS/lsw
Enc: GC3705
Certificate of Completion
cc: USACE Asheville Regulatory Field Office (e-copy)
401 Permitting Unit — Central Office
File Copy
Clear Water Environmental Consultants (e-copy)
G:\WPDATA\DEMWQ\Transylvania\401 s\09-1024DeerLakeLot3Approval.doc

a4�
PIWA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 4, 2009
Jeff Mackinney
310 Bellingrath Court
Peachtree, Georgia 30269
Subject: 401 Water Quality Certification - Approval
Mackinney Shoreline Stabilization
DWQ Project # 20091059
Burke County
CT1330 / Lake James /.11-(8)/ Class C
Dear Mr. Mackinney:
The DWQ has completed the review of your 401 Water Quality Certification application associated with the
subject project listed above.
-)proval has been granted to place fill within or otherwise impact 200 linear feet of shoreline for the purpose of
shoreline stabilization and water access at the subject property. This approval requires you to follow the
conditions listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
General Permit Verification. In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you proceed with your project including (but not limited to) Erosion and
Sediment Control and Catawba Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units
Plan Location or Reference
Waters
200 (linear feet)
Stabilization

Mackinney Shoreline Stabilization
July 20, 2009
Page 2 of 3
Additional Conditions
1. Diffuse Flow (No Review)
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non -
erosive velocities through the protected stream buffers such that it will not re -concentrate before
discharging into a waters.
2. Burke County Catawba Buffer Ordinance
The proposed project must comply with the Burke County local riparian buffer ordinance approved by
the Division of Water Quality under the Catawba River Basin: Protection and Maintenance of Existing
Riparian Buffers, 15A NCAC 02B .0243(b).
3. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described
in 15 A NCAC 2B..0200. Appropriate sediment and erosion control practices must be used to meet this
standard.
4. No Sediment and Erosion Control Measures in Wetlands and Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources or locally delegated program has released the project.
5. Rip -Rap Installation
Riprap shall be placed as a linear protective measure upon the natural or re -graded slopes. Stone used in
stabilization shall be a random size, varying from Class B riprap up to 6 feet in diameter to provide
additional wildlife habitat. All exposed soils above the Riprap stabilized area shall be replanted in
accordance with the attached Guidelines for Riparian Buffer Restoration.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.

.e Stabilization
Ais letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
�4-? Coleen H. Sullins, Director
CHSIkhb
Eric: GC3693
Certificate of Completion
Catawba River Buffer Rule
Guidelines for Riparian Buffer Restoration
cc: Carissa Castle, Bernick Enterprises, LLC - Ecopy
USACE Asheville Regulatory Field Office
401 Permitting Unit — Central Office
File Copy
G:\WPDATA\DEMWQ\Burke\401s\09-1059. Mackinney. Shorel ineStabi 1. approval. doc

LNQ
{—NXA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 4, 2009
Russell Hennessy
88 Manchester Lane
Stony Brook, New York 11790
Subject: 401 Water Quality Certification - Approval
Hennessy Shoreline Stabilization
DWQ Project # 20090996
Burke County
CTB30 / Lake James / l l-(8)/ Class C
Dear Mr. Hennessy:
The DWQ has completed the review of your 401 Water Quality Certification application associated with the
subject project listed above.
pproval has been granted to place fill within or otherwise impact 238 linear feet of shoreline for the purpose of
shoreline stabilization and water access at the subject property. This approval requires you to follow the
conditions listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USAGE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
General Permit Verification. In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you proceed with your project including (but not limited to) Erosion and
Sediment Control and Catawba Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units)
Plan Location or Reference
Waters
238 (linear feet)
Stabilization

Hennesy Shoreline Stabilization
November 4, 2009
Page 2 of 3
Additional Conditions
1. Diffuse Flow (No Review)
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non -
erosive velocities through the protected stream buffers such that it will not re -concentrate before
discharging into a waters.
2. Burke County Catawba Buffer Ordinance
The proposed project must comply with the Burke County local riparian buffer ordinance approved by
the Division of Water Quality under the Catawba River Basin: Protection and Maintenance of Existing
Riparian Buffers, 15A NCAC 02B .0243(b).
3. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described
in 15 A NCAC 2B..0200. Appropriate sediment and erosion control practices must be used to meet this
standard.
4. No Sediment and Erosion Control Measures in Wetlands and Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is F
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources or locally delegated program has released the project.
5. Rip -Rap Installation
Riprap shall be placed as a linear protective measure upon the natural or re -graded slopes. Stone used in
stabilization shall be a random size, varying from Class B riprap up to 6 feet in diameter to provide
additional wildlife habitat. All exposed soils above the Riprap stabilized area shall be replanted in
accordance with the attached Guidelines for Riparian Buffer Restoration.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.

Stabilization
A
his letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
Coleen H. Sullins, Director
CHSIkhb
Enc: GC3693
Certificate of Completion
Catawba River Buffer Rule
Guidelines for Riparian Buffer Restoration
cc: Carissa Castle, Bernick Enterprises, LLC — E Copy
USACE Asheville Regulatory Field Office
401 Permitting Unit — Central Office
File Copy
G:\WPDATA\DEMWQ\B urke\401 s\09-0996.Hennessy. Shore] ineStabil.approval.doc

XXA
A4i
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 4, 2009
J aff Smith
5022 Whiterock Lane
Morganton, NC 28655
Subject: 401 Water Quality Certification - Approval
Smith Shoreline Stabilization
DWQ Project 4 20090985
Burke County
CTB30 / Lake James / 11-(8)/ Class C
Dear Mr. Smith:
Dee Freeman
Secretary
The DWQ has completed the review of your 401 Water Quality Certification application associated with the
subject project listed above.
iproval has been granted to place fill within or otherwise impact 110 linear feet of shoreline for the purpose of
aioreline stabilization and water access at the subject property. This approval requires you to follow the
conditions listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
General Permit Verification. In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you proceed with your project including (but not limited to) Erosion and
Sediment Control and Catawba Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
]Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units)
Plan Location or Reference
Waters
110 (linear feet)
Stabilization
Location: 2090 U.S. Highway 70, Swarmanoa, North Carolina 28778 One
Phone: [phone] FAX: [phone] \ Customer Service: 1-877-623-6748 NorthCar ollna
Internet: www.ncwaterquality.org
An Equal Opportunity \ Affirmative Action Employer �����' ,//

Smith Shoreline Stabilization
November 4, 2009
Page 2 of 3
Additional Conditions
1. Diffuse Flow (No Review)
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non -
erosive velocities through the protected stream buffers such that it will not re -concentrate before
discharging into a waters.
2. Burke County Catawba Buffer Ordinance
The proposed project must comply with the Burke County local riparian buffer ordinance approved by
the Division of Water Quality under the Catawba River Basin: Protection and Maintenance of Existing
Riparian Buffers, 15A NCAC 02B .0243(b).
3. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described
in 15 A NCAC 2B..0200. Appropriate sediment and erosion control practices must be used to meet this
standard.
4. No Sediment and Erosion Control Measures in Wetlands and Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters .is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources or locally delegated program has released the project.
5. Rip -Rap Installation
Riprap shall be placed as a linear protective measure upon the natural or re -graded slopes. Stone used in
stabilization shall be a random size, varying from Class B rprap up to 6 feet in diameter to provide
additional wildlife habitat. All exposed soils above the Riprap stabilized area shall be replanted in
accordance with the attached Guidelines for Riparian Buffer Restoration.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.

jilization
_iis letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at
1328-296-4657.
Sincerely,
Coleen H. Sullins Director
CHSlkhb
Enc: GC3693
Certificate of Completion
Catawba River Buffer Rule
Guidelines for Riparian Buffer Restoration
cc: Carissa Castle, Bennick Enterprises, LLC - E Copy
USACE Asheville Regulatory Field Office
401 Permitting Unit — Central Office
File Copy
G:\WPDATA\DEMWQ\Burke\401 s\09-0985.Smith.ShorelineStabil.approval.doe

�r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
November 4, 2009
Mr. J. H. McCombs
Mr. P. M. Corriher,
Post Office Box 789
Morganton, North Carolina 28680
Mr. Ryan McCombs
101 Woodbine Terrace
Morganton, North Carolina 28655
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
McCombs / Corriher Property along Catawba River adjacent to Independence,
NOV-2009-OP-0058
Catawba Buffer Rules Violation
Burke County
Response deadline: November 20, 2009
Dear Messrs. McCombs, Corriher, and McCombs:
On October 21, 2009, Kevin Barnett from the Asheville Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection for the McCombs / Corriher property along
Independence in Morganton, along the Catawba Rover in Burke County.
Catawba Buffer Rule and Construction Stormwater Permit NCGOI 0000 violations were noted
during the inspection and file review.
VIOLATIONS
SURFACE WATER PROTECTION SECTION —ASHEVILLE REGIONAL OFFICE One
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 NOrthCarohna
Phone:: www.6 45001 FAX: [phone] Customer Service: 1-877-623-6748 ��' JN����
Internet: www.ncwaterquality.org KL
An Equal Opportunity 1 Affirmative Action Employer

McCombs / Corriher Property
November 4, 2009
Page 2 of 3
I. Catawba Buffer Rules (15A NCAC 02B .0243 ) — A 50 foot buffer is required to be
maintained along the main stem Catawba River, measured from the top of stream bank,
landward. The onsite inspection revealed that no such buffer had been maintained as part
of the grading and clearing activity.
II. Construction Stormwater Permit NCG010000 - A Construction Stormwater Permit
(NCGO10000) is issued upon the approval of an Erosion and Sedimentation Control Plan
for sites greater than one acre. Specifically, the NCGO10000 Permit authorizes discharge
of stormwater under the National Pollutant Discharge Elimination System (NPDES) in
accordance with Title 15 A North Carolina Administrative Code 2H.0100.
REQUIRED RESPONSE
This Office requests that you respond in writing, prior to close of business, on November 20, 2009.
Your response should be sent to both the attention of Kevin Barnett, Division of Water Quality,
2090 US HWY 70, Swannanoa, NC 28778 and Mr. John Hennessy at the Wetlands and
Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center,
Raleigh, NC 27699-1617. Your response should address the following items:
I. Catawba Buffer Rules (15A NCAC 02B.0243)
a. A plan and time line for replanting the riparian buffer with a minimum of 5" dbh
(diameter and breast height) trees at a density that will result in at least 320 trees per
acre must be developed for review by this office. The time line most provide for re-
establishment of the buffer prior to the end of the planting season this winter _
(April 15, 2010).
b. A monitoring plan which provides for compliance verification with the above 320
trees per acre requirement, and must be provided as well, and include at least annual
monitoring for a period of no less than five (5) years.
III. Construction Stormwater Permit NCG010000
a. Please detail the events that resulted in a failure to obtain a NCG010000 permit for
the clearing activity.
b. Please explain when you anticipate being in full compliance with the NCG010000
Permit and your Erosion and Sediment Control Plan.
c. You should include in your response an explanation of how you propose to
prevent these problems from reoccurring on this project and on future
proj ects.

Corriher Property
.;r 4, 2009
of 3
Thank you for your attention to this matter. This office requires that the violations, as detailed
above, be abated immediately. These violations and any future violations are subject to a
civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any
questions regarding these matters, please contact Kevin Barnett at [phone].
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy — NPS Assistance and Compliance Oversight Unit
ARO File Copy
DWQ Central Files
Division of Land Resources
Burke County Planning
G:\WPDATA\DEMWQ\Burke\401 s\McCombs.NOV20090P0058.CatawbaBuffer.doc

y®s
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 4, 2009
Paul Dickens
Blue Ridge Paper Products Inc
PO Box 4000
Canton NC 28716
SUBJECT: Compliance Evaluation Inspection
Canton Mill
Permit No: NC0000272
Haywood County
Dear Mr. Dickens:
Enclosed please find a copy of the Compliance Evaluation Inspection Report from
the inspection, which Roger Edwards and I conducted on September 24, 2009. The
facility was found to be in Compliance with permit NC0000272.
Please refer to the enclosed inspection report for additional observations and
comments. If you or other staff has any questions, please do not hesitate to contact me
at 296-4500.
Sincpfely,�
� eK_
..
Keith Hay01,
r�'es
Environmental Senior Specialist
Enclosure
cc: Lori White Cooper, ORC
Central Files
Asheville Files
SURFACE WATER PROTECTION —ASHEVILLE REGIONAL OFFICE One
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NorChCarolina
Phone: [phone]\FAX: [phone]\Customer Service: 1-877-623-6748 a J //
Internet: www.ncwatergualitV.org G:\WPDATA\DEMWQ\Haywood\00272 Blue Ridge Paper\CE1092409.doc �/ ah(rally

United States Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 2 3 NC0000272 Ill 12 09/09/24 17 18 19 s 20
INI 151 I I I I ICI it it
Remarks
21111111111111111111111111111111111111111111111116.
Inspection Work Days Facility Self -Monitoring Evaluation Rating 61 QA --------------------------- Reserved ----------------------
671 169 701 1 711 1 721 N I 73 I' 174 751 1 1 1 1 1( 180
1__t�
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)
09:00 AM 09/09/24
05/08/01
Canton Mill
Exit Time/Date
Permit Expiration Date
175 Main St
Canton NC 28716
11:00 AM 09/09/24
06/11/30
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Lori White Cooper/ORC/828-646-2382/
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Derric Brown,PO Box 4000 Canton NC 28716//828-646-2318/ No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Flow Measurement ® Operations & Maintenance ® Records/Reports ® Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Keith Haynes <- _ ARO WQ//828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Roger C Edwards ! ARO WQ//828-296-4500/
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

NPDES yr/mo/day Inspection Type 1
3I NC0000272 I11 12I 09/09/24 1
17 18N
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
This cursory inspection revealed that the W\NTP appeared to be properly operated and well maintained.
Page # 2

Permit: NC0000272 Owner -Facility: Canton Mill
Inspection Date: 09/24/2009 Inspection Type: Compliance Evaluation
Operations & Maintenance
Yes No NA
NE
Is the plant generally clean with acceptable housekeeping?
■ n ❑
n
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑
❑
Judge, and other that are applicable?
Comment:
Aeration Basins
Yes No NA
NE
Mode of operation
Ext. Air
Type of aeration system
Fixed
Is the basin free of dead spots?
■ ❑ ❑
❑
Are surface aerators and mixers operational?
■ ❑ ❑
rl
Are the diffusers operational?
n n ■
(s.the foam the proper color for the treatment process?
■ 0 ❑
0
Does the foam cover less than 25% of the basin's surface?
■ ❑ ❑
❑
Is the DO level acceptable?
■ ❑ ❑
❑
Is the DO level acceptable?(1.0 to 3.0 mg/I)
nn■n
Comment:
Effluent Pipe
Yes No NA
NE
Is right of way to the outfall properly maintained?
■ ❑ ❑
Cl
Are the receiving water free of foam other than trace amounts and other debris?
■ ❑ ❑
❑
If effluent (diffuser pipes are required) are they operating properly?
■ ❑ ❑
n
Comment:
Flow Measurement - Effluent
Yes No NA
.NE
# Is flow meter used for reporting?
Is flow meter calibrated annually?
Is the flow meter operational?
(If units are separated) Does the chart recorder match the flow meter?
Comment:
Record Keeping
Are records kept and maintained as required by the permit?
Is all required information readily available, complete and current?
Are all records maintained for 3 years (lab. reg. required 5 years)?
Yes No NA NE
■ ❑ ❑ ❑
■❑np
■nnn
Page # 3

Permit: NC0000272 Owner -Facility: Canton Mill
Inspection Date: 09/24/2009 Inspection Type: Compliance Evaluation
Record Keeping
Yes
No NA
NE
Are analytical results consistent with data reported on DMRs?
❑
❑ ❑
Is the chain -of -custody complete?
n
❑ n
■
Dates, times and location of sampling
11
Name of individual performing the sampling
❑
Results of analysis and calibration
n
Dates of analysis
n
Name of person performing analyses
n
Transported COCs
Cl
Are DMRs complete: do they include all permit parameters?
■
n n
n
Has the facility submitted its annual compliance report to users and DWQ?
n
n ■
n
(If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift?
■
❑ ❑
❑
Is the ORC visitation log available and current?
®
n n
n
Is the ORC certified at grade equal to or higher than the facility classification?
■
n n
n
Is the backup operator certified at one grade less or greater than the facility classification?
■
n n
n
Is a copy of the current NPDES permit available on site?
®❑
n
Cl
Facility has copy of previous year's Annual Report on file for review?
n
n ■
n
Comment:
Page # 4

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
William McGlocklin
SKF USA Inc
1111 Adams Avenue
Norristown PA 19403 2403
November 5, 2009
SUBJECT: Bioassay Compliance Inspection
Girmes Site Remediation
Permit No: NCO086088
Buncombe County
Dear Mr. McGlocklin:
Enclosed please find a copy of the Bioassay Compliance Inspection conducted on
October 20, 2009. No violations of permit requirements or applicable regulations were
observed during this inspection. Test results for the samples indicate that the effluent
would not be predicted to have water quality impacts on receiving water.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500.
Sincerely,
has''
Jeff Menzel
Environmental Specialist
Enclosure
cc: Asheville Files
Central Files
Mark P Swann, ORC
SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE
n
NOorethCarolinaLocation: 2090 U.S. Highway 70, Swannanoa, NC 28778
Phone: [phone]\FAX: [phone]\Customer Service: 1-877-623-6748 //
Internet: www.ncwaterguality.org G\WPDATA\DEMWQ\Buncombe\86088 SKF Girmes �gturq«ff

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Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 5, 2009
Mr. Belvin Hall, Assistant Director
Maintenance Department
Buncombe County Board of Education
175 Bingham Rd
Dee Freeman
Secretary
Asheville NC 28806 Subject: NOTICE OF VIOLATION
NOV-2009-LV-0484
Permit No. NCO086436
Cane Creek Elementary School WWTP
Dear Mr. Hall: Buncombe County
A review of Cane Creek Elementary School's monitoring report for July 2009 showed the
following violations:
Parameter
Date
Limit Value
Reported Value
Limit Type
Biochemical Oxygen Demand
07/21/09
45 mg/I
49 mg/I
Daily Maximum
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem.
Since comments were provided on the DMR, no further response if required. If you have additional
information concerning the violation or further comments regarding remedial actions taken, please
submit them to the attention of Wanda Frazier.
The Division of Water Quality may pursue enforcement actions for this and any additional
violations. If the violations are of a continuing nature, not related to operation and/or maintenance
problems, and you anticipate remedial construction activities, then you may wish to consider
applying for a Special Order by Consent. You may contact Keith Haynes of this office for additional
information.
If you should have any questions, please do not hesitate to contact Wanda Frazier at 828-
296-4662.
Sincerely,
hkRoger C. Edwards, Regional Supervisor
cc: WQ Central files Surface Water Protection Section
ARO Files
G:\WPDATA\DEMWQ\Buncombe\86436 Cane Creek Elem Sch\86436 NOV-2009-LV-0484.doc one
NorthCarolina
�Vaturall�
North Carolina Division of Water Quality 2090 U.S. Highway 70; Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www.ncwaterguality.org ., , FAX [phone]

e••
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 5, 2009
Ms. Deborah Harrell, Vice President
Days Inn of Candler, Inc.
2200 Northlake Parkway; Suite 277
Tucker, GA 30084
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0485
Permit No. NCO025933
Days Inn West WWTP
Buncombe County
Dear Ms. Harrell
A review of Days Inn West WWTP's monitoring report for August 2009 showed the
following violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
Fecal Coliform
08/13/09
400 #/100ml
420 #/100ml
Daily Maximum Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem.
There were NOT any comments provided on the reverse of the relevant DMR to explain the
violation, nor was the facility status marked as non -compliant. To prevent further action, carefully
review these violations and deficiencies and respond in writing to this office within fifteen (15)
working days of receipt of this letter.
The Division of Water Quality may pursue enforcement actions for this and any additional
violations of State law. If you should have any questions, please do not hesitate to contact
Wanda Frazier at 828-296-4662.
Sincerely,
j Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: WQ Central Files
ARO files
GAWPDATA\DEMWQ\13uncornbe\25933 Days Inn West\25933 NOV-2009-LV-0485.doc NorthCarolina
Natmal�l, J
North Carolina Division of Water Quality 2090 US Highway 70; Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone]

November 5, 2009
Mr. James Kunevicius
Coastal Ventures Group II LLC
127 North Tryon Street
Suite 602
Charlotte, North Carolina 28202
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0486
Permit No. NCO080098
Blue Ridge Country Club WWTP
McDowell County
Dear Mr. Kunevicius:
A review of Blue Ridge Country Club WWTP's monitoring report for July 2009 showed the following
violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
BOD, 5-Day (20 Deg. C) -
07/06/09
7.5 mg/I
8.4 mg/I
Daily Maximum
Concentration
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted: however, should you have additional information
concerning the violations or comments which you wish to present, please submit them to the attention of Janet
Cantwell.
The Division of Water Quality may pursue enforcement actions for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at
8281296-4500.
Sincerely,
r-ak Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
CC' DWQ Asheville Files
DWQ Central Files
Dennis Perk/ POA
James & James Environmental/ ORC
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone]
Internet: www,ncwaterguality.org �.r— FAX [phone]
No thCarolina
Naftawliff
Customer Service
1-877-623-6748

November 5, 2009
Mr. Dennis J. Whitson
3800 Sugarhill Road
Marion, North Carolina 28752
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0147
Permit No. NCO079481
Harmony Estates WWTP
McDowell County
Dear Mr. Whitson:
Dee Freeman
Secretary
A review of Harmony Estates WWTP's monitoring report for July 2009 showed the following violations:
Parameter
Date
Measuring
Frequency
Violation
Total Residual Chlorine
Week of 7/11/2009
Twice Weekly
Failure to Monitor
Total Residual Chlorine
Week of 7/18/2009
Twice Weekly
Failure to Monitor
Total Residual Chlorine
Week of 7/25/2009
Twice Weekly
Failure to Monitor
It was also noted that the Compliance Box on the back of the DMR was marked "Compliant" when in fact it
should have been marked "Non -Compliant" with an explanation for the reason for the non-compliance.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this
office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all
actions taken to prevent the recurrence of similar situations.
The Division of Water Quality may pursue enforcement action for this and any additional violations of State
law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 8281296-4500.
Sincer + ,
Roger C. Edwar s, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Water Tech Labs/ ORC
a,z
;' 3 „.� q } i,9 _, x r,I� 1'� i r `� e...9t—iS NO1�t1CflT'Ohll1
_ - �lltllt ll��f
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwatergualitV.orq FAX [phone]

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins Dee Freeman
Governor Director Secretary
November 6, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED - 70071490 0004 0713 8717
Mr. Nathan D. Benson
Benson Apartments
P.O. Box 1090
Mountain Home, North Carolina 28758
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO066362
Benson Apartments Wastewater Treatment Plant
Case No. LV-2009-0398
Henderson County
Dear Mr. Benson:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $267.00
($200.00 civil penalty + $67.00 enforcement costs) against Benson Apartments.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Benson Apartments for the month of July 2009. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0066362. The violations which occurred in
July 2009 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Benson Apartments violated the
terms, conditions or requirements of NPDES Permit NCO066362 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Benson Apartments:
None
rthCarolina
�atura!!y
SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778
Phone: [phone]\FAX: [phone]\Customer Service: 1-877-623-6748
Internet: www.ncwaterguality.org

2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$200.00 NC0066362, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
$200.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$267.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be

,onsidered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed "Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
AdministrativeHearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an
attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a
filing fee is required by NCGS § 150B-23.2) is received in the Office of Administrative Hearings
within seven (7) business days following the faxed or electronic transmission. You should contact
the Office of Administrative Hearings with all questions regarding the filing fee and/or the details
of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
67141'+✓Iail Service Center
Raleigh, NC 27.699-6714

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

JUSTIFICATION FOR REMISSION REQUEST
D Q Case Number: LET-2009-0395 County: Henderson
Assessed Party: Benson Apartments
Permit No.: NC0066362 Amount Assessed: $267.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing,_ and Stipulation of Facts
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i. e., explain the steps that you took to correct the violation and prevent future occurrences),
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
BENSON APARTMENTS
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
PERMIT NO.: NCO066362 ) FILE NO: LV-2009-0398
Having been assessed civil penalties totaling $267.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 6, 2009, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 6, 2009
Graham County
DWQ Project 20090493
TIP No. B-4123
NCSR 1123 (Hoffman Creek Road)
Approval of 401 Water Quality Certification with Additional Conditions
Dr. Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA
North Carolina Department of Transportation
Project Development and Environmental Analysis
1598 Mail Service Center
Raleigh, North Carolina, 28699-1548
tear Dr. Thorpe:
You have our approval, in accordance with the conditions listed below, for the following impacts in West Buffalo Creek,
an unnamed tributary of West Buffalo Creek and in 0.07 acres of wetlands, for the purpose of replacing the existing
bridge by constructing an arch culvert across West Buffalo Creek on NCSR 1123 (Huffman Creek Road) in Graham
County:
C+---- 1--+e in file T- waQQPP River Rosin
Site
Permanent
Temporary
Permanent
Temporary
Total
Stream
Fill in
Fill in
Fill in
Impacts in
Stream
Impacts
Intermittent
Intermittent
Perennial
Perennial
Impact
Requiring
Stream (linear
Stream
Stream
Stream
(linear ft)
Mitigation
ft)
(linear ft)
(linear ft)
linear ft)
linear ft)
Site 1
0
0
34
46
_ 80
0
Site 2
0
0
17
20
37
0
Total
1 0
1 0
1 51
1 66
117
0
Total Permanent Stream Impacts for Project: 51 linear feet. t otaf Temporary impacts Tor rroject: oo omear ieCL.
RFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE i� TthOne 1 1
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 o Caf01111a
Phone: [phone] FAX: [phone] Customer Service:1-877-623-6748Rtlfrlijjf
Internet: www.ncwaterquality.org u �/
An Equal Opportunity 1 Affirmative Action Employer

Dr. Greg Thorpe, Ph.D.
November 6, 2009
Page Two
Wetland Impacts in the Hiwassee River Basin (riverine)
Site
Fill
Fill
Excavatio
Mechanize
Hand
Area
Total
(ac)
(temporary)
n
d Clearing
Clearing
under
Wetland
(ac)
(ac)
(ac)
(ac)
Bridge
Impact
(ac)
ac
3
0.04
0
0
0.03
0
0
0.07
Total
0.04
0
0
0.03
0
0
0.07
Total Wetland Impact for Project: 0.07 acres.
The project should be constructed in accordance with your application dated October 28, 2009 (received November 3,
2009), including the environmental commitments made in the application letter. After reviewing your application, we
have decided that these impacts are covered by General Water Quality Certification Nos. 3701 and 3688, 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
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:
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.
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.
Erosion and sediment control practices must be in frill 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.

,reg Thorpe; Ph.D
wember 6, 2009
age Three
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 413.0124 (a)-(e)] in areas draining to
trout waters. However, due to the size of the project, NCDOT shall not be required to meet 15A NCAC 413.0124 (a)
regarding the maximum amount of uncovered acres. Temporary cover (wheat, millet, or similar annual grain) or
permanent herbaceous cover should be planted on all bare soil within 15 business days of ground disturbing activities,
to provide erosion control. Coir fiber matting should be used in conjunction with appropriate seeding on disturbed
soils in steep slope and riparian areas, and should be secured in place with staples and wherever possible, include live
stakes of native trees.
Straw mulch and tall fescue shall not be used in the establishment of temporary or permanent groundcover within
riparian zones. Coir fiber matting shall be used in conjunction with appropriate seeding for the establishment of
permanent herbaceous cover on disturbed soils within the riparian area. Hydro seeding along with wood or cellulose
based hydro mulch applied from a fertilizer and limestone free tank is allowable at the appropriate rate for the
establishment of temporary groundcover within riparian zones. Discharging hydroseed mixtures and wood or
cellulose mulch into surface waters is prohibited. Riparian areas are defined as a distance 25 feet landward from tope
of stream bank.
5. In -stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout spawning
season of October 15 through April 15 to protect the egg and fry stages of trout.
6. If multiple pipes or barrels are required, that shall be designed to mimic natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream
channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water
velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage.
7. Unless otherwise approved in this certification, placement of culverts and other structures in waters, streams, and
wetlands shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than
48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow
passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion
control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds'or
banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence
that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due
to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to
proceed and to determine whether or not a permit modification will be required.
8. The post -construction removal of any temporary bridge structures must return the project site to its preconstruction
contours and elevations. The impacted area shall be revegetated with appropriate native species.
9. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and
Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification.
10. There shall be no drains from the new culvert that discharge directly into the streams. Stormwater shall be directed .
across the bridge and pre-treated through site -appropriate means (grassed swales, pre -formed scour holes, vegetated
buffers, etc.) before entering the stream. Please refer to the most current version of Stormwater Best Management
Practices.
11. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High
Quality Waters (HQW) or Water Supply I or II (WS-1, WS-I1), stormwater shall be directed to vegetated buffer areas,
grass -lined ditches or other means appropriate to the site for the purpose of pre-treating`stormwater runoff prior to
discharging directly into streams. Please refer to the most current version of Stormwater Best Management Practices.
Mowing of existing vegetated buffer areas is strongly discouraged.
z. The dimension, pattern and profile of the stream, above and below the arch culvert, shall not be modified. Disturbed
floodplains and stress shall be restored to natural geomorphic conditions.

Dr. Greg Thorpe, Ph.D.
November 6, 2009
Page Four
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 riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization
shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
15. Rip -rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic
life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
16. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
17. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
18. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
19. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
20. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life and fish kills.
21. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
22. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer..
and the on -site project manager.
23. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
24. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
25. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization
shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the
fencing are prohibited unless otherwise authorized by this certification.
26. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other
appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being
met (including the failure to sustain a designated or achieved use) or that State of Federal law is being violated, or that
further conditions are necessary to assure compliance, NCDWQ may reevaluate and modify this certification.
27. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules,
regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
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, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of
Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd., Suite 250, Raleigh, North Carolina 27604.

,reg Thorpe, Ph.D.
�vember 6, 2009
,ge 5
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404
or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60)
days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter
150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the
Certification. Unless such demands are made, this Certification shall be final and binding.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: David Baker, USACE, Asheville Field Office
J. B. Setzer, P.E., Division 14 Engineer
Mark Davis, Division 14 DEO
Ed Ingle, Roadside Environmental
Marla Chambers, NCWRC
Transportation Permitting Unit
Asheville Regional Office
090493 (Thorpe) Bridge No. 117 NCSR 1123

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director Dee Freeman
Secretary
November 6, 2009
Dennis Reising
5208 Peninsula Drive
Granite Falls, NC 28630
Subject: 401 Water Quality Certification Approval
Dennis Reising Lot #42
DWQ Project # 09-1104
Caldwell County
CTB i Lake Hickory / WS CA
Dear Mr. Reising:
The DWQ has completed the review of your 401 Water Quality Certification application associated with the
subject project listed above.
- Approval has been granted to place fill within or otherwise impact 100 linear feet or 0.006 acres of open waters
-,or the purpose of shoreline stabilization at the subject property. This approval requires you to follow the
conditions listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including (but not limited to) Erosion and Sediment
Control and Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units)
Plari Location or Reference
Waters
0.006 (acres)
100 ft. Reising Property
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCaroiina
Naturally

Dennis Reising
November 6, 2009
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Linda Wiggs in the Asheville Regional Office at
828-296-4500.
Sincerely,
..i Coleen H. Sullins, Director
CHS/lsw
Eric: GC3693
Certificate of Completion
cc: 401 Permitting Unit — Central Office
File Copy
Duke Energy c/o Lake Services -EC 12 Q
PO Box 1006
Charlotte NC 28201

Surface Water Protection
Asheville Regional Field Office
Division of Water Quality
October 19, 2009
Memorandum:
TO: John Hennessy
NPS-ACO Unit Supervisor
FROM: C. Edwards
As eville Regional Office
PREPARED BY: Chuck Cranford
SUBJECT: Enforcement Recommendation
Seven Falls, LLC
Henderson County, NC
Enclosed is an enforcement recommendation package for Seven Falls, LLC in Henderson County, NC. Chuck
Cranford of this Office conducted site inspections on January 14 2009, April 9, 2009, July 20, 2009 and
October 8, 2009. Notices of Violation with Recommendation for Enforcement were issued on February 23,
2009 and August 27, 2009. A written response was received by the DWQ on October 19, 2009. However, the
contents of the response did not adequately address all known violations and impacts.
he current status of the site remains noncompliant as described in the original NOV with additional stream
impacts, identified on October 8, 2009. Greater than4,630 linear feet of streams have been impacted by
sediment.
The impacts have resulted in the following violations:
® Stream Standard Violation Other Waste (In -stream sediment) ISA NCAC 02B .0211 (3)f -
Approximately 4,630 linear feet of unnamed tributaries of Little Willow and Folly Creek have been impacted
by the deposition of sediment upwards of 14 inches deep throughout the stream reaches, representing Water
Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f).
• Construction Stormwater Permit NCG010000 —
a. Schedule of Compliance (Part I. Section C. No. 2) Failure to operate and maintain stormwater controls
to optimum efficiency, as cited in Henderson County Erosion Control Division Notices of Violation dated
January 7, 2009, May 11, 2009, June 8, 2009 and October 6, 2009, represents a violation of NCG010000
Permit.
b. Final Limitations and Controls for Stormwater Discharges (Part I. Section A. No. 2) Failure to
follow the approved Erosion Control Plan, as cited in Henderson County Erosion Control Division
Notices of Violation dated January 7, 2009, May 11, 2009, June 8, 2009 and October 6, 2009, represents a
violation of NCGO 10000 Permit.
e. Failure to Notify (Part II. Section E. No. 2) The lack of notification to DWQ regarding sediment loss`
represents violations of NCGO10000 Permit.
Page 1 of 2

DWQ has a record of past violations for Seven Falls, LLC.
Enforcement Costs:
Chuck Cranford 20 hours @ $25.84 $ 516.80
Roger C. Edwards 2.5 hours @ $40.44 $ 101.10
Mileage 50 miles @ $0.43/mile $ 21.50
Central Office Review and Processing $ 100.00
Total $ 739.40
Page 2 of 2

Memorandum:
TO:
Surface Water Protection
Asheville Regional Field Office,
Division of Water Quality
October 19, 2009
John Hennessy
NPS-ACO Unit Supervisor
FROM: Roger C. Edwards
Asheville Regional Office
PREPARED BY: Chuck Cranford LBO.,,
SUBJECT: Enforcement Recommendation
Mountain Development Company, LLC
Henderson County, NC
Enclosed is an enforcement recommendation package for Mountain Development Company, LLC in Henderson
County, NC. Chuck Cranford of this Office conducted site inspections on January 14, 2009, April 9, 2009, July
20, 2009 and October 8, 2009. Notices of Violation with Recommendation for Enforcement were issued on
February 23, 2009 and August27, 2009. A written response was received by the DWQ on October 19, 2009.
However, the contents of the response did not adequately address all known violations and impacts.
'he current status of the site remains noncompliant as described in the original NOV with additional stream
impacts, identified on October 8, 2009. Greater than 1,000 linear feet of streams have been impacted by the
deposition of riprap and sediment and approximately 800 feet of streams have been impacted by mechanical
grading, destroying the stream channels. NCGO1 permit condition violations continue as indicated by the
continued issuance of NOVs from Henderson County. 401 Water Quality Certification condition violations
remain unresolved as previously indicated.
The impacts have resulted in the following violations:
• Stream Standard Violation - Other Waste (In -stream sediment) 15A NCAC 02B .0211 (3)f - Greater than
1,000 feet of unnamed tributaries of Little Willow Creek have been impacted by the deposition of riprap and
sediment upwards of 12 inches throughout the stream reaches, representing Water Quality Stream Standard
violation of 15A NCAC 02B .0211 (3) (f)
• Removal of Best Usage — I5A NCAC 02B.0211 (2) — approximately 800 feet of two unnamed tributaries of
Folly Creek have been impacted by mechanical grading thus destroying the stream channels representing
Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2)
• Construction Stormwater Permit NCGO10000 —
a. Schedule of Compliance (Part I. Section C. No. 2) Failure to operate and maintain stormwater controls
to optimum efficiency, as cited in Henderson County Erosion Control Division Notices of Violation dated
January 7, 2009, May 11, 2009, June 8, 2009 and October 6, 2009, represents a violation ofNCGO10000
Permit.
b. Final Limitations and Controls for Stormwater Discharges (Part I. Section A. No. 2) Failure to
follow the approved Erosion Control Plan, as cited in Henderson County Erosion Control Division
Page 1 of 2

Notices of Violation dated January 7, 2009, May 11, 2009, June 8, 2009 and October 6, 2009, repres
violation of NCGO 10000 Permit.
c. Failure to Notify (Part II. Section E. No. 2) The lack of notification to DWQ regarding sediment loss
represents violations of NCGO 10000 Permit.
® 401 Water Quality Certification Conditions Violations - DWQ issued an approval letter for
project impacts on September 24, 2008, for Project 07-1505 Version 2. The approval letter specifies
that the activities must follow the conditions listed in the WQC.
The site was found to be non -compliant with the following certification conditions:
a. Condition 1 — Impacts Approved
® Impacts outside of the approved amount have occurred
b. Condition 2 — Sediment and Erosion Control
■ Sediment and erosion control practices have been found to be non -compliant
c. Condition 3 — No waste or fill impacts beyond those in the certification
Waste and fill has impacted surface waters beyond those depicted in the approved
certification
d. Condition 3 — No violations of State water quality standards
Violations of State water quality standards have occurred
e. Condition 4 — Sediment and Erosion Control Measures shall not be placed in waters
® Sediment and erosion control measures have been constructed in waters
L Condition 6 — Mitigation
■ Agreed upon mitigation requirements have not been met; including, the non-
payment of $697,932 to the North Carolina Ecosystem Enhancement Program.
DWQ has a record of past violations for Mountain Development Company, LLC.
Enforcement Costs:
Chuck Cranford 20 hours @ $25.84 $ 516.80
Roger C. Edwards 2.5 hours @ $40.44 $ 101.10
Mileage 50 miles @ $0.43/mile $ 21.50
Central Office Review and Processing $ 100.00
Total $ 739.40
Page 2 of 2

Be WA
ALIi
NCDENR
North uarolina Department
of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Coleen K Sullins
Dee Freeman
Governor
Director
Secretary
November 6, 2009
Mr. Jim Fatland
Town of Highlands
210 N .Fourth St
Highlands, NC 28741
Subject:
NOVICE OF VIOLATION
NOV-2009-MV-0153
Permit No. NCO032778
4th Street WTP
Macon County
Dear Mr. Fatland:
A review of 4th Street WTP's monitoring report for August 2009 showed the fallowing
violations:
Parameter
Date
Measuring Frequency
Violation
Total Suspended Solids
August 1-31
Twice monthly
Failure to monitor
Remedial actions, if not already implemented, should be taken to correct any problem.
There were NOT any comments provided on the reverse of the relevant DMR to explain the
violation, nor was the facility status marked, as non -compliant. To prevent further action, carefully
review these violations and deficiencies and respond in writing to this office within fifteen (15)
working days of receipt of this letter.
The Division of Water Quality may pursue enforcement actions for this and any additional
violations of State law. If you should have any questions, please do not hesitate to contact
Wanda Frazier at 828-296-4662.
Sincerely-
,«, `- ,)!r„
x
Roger C. Edds, Regional Supervisor
Surface Water Protection Section
cc. WQ Central Files
ARO files
NorthCarotina
G:\WPDATA\DEMWQ\Macon\32778 Highlands Water Plant\32778 NOV-2009-MV-0153.doc Xaturally
North Carolina Division of Water Quality 2090 US Highway 70; Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www ncwaterguality.orq FAX [phone]

Dee Freeman
Secretary
November 6, 2009
Mr. James C. Woodham
Resources Planning Corporation
PO Box 1298
Cashiers, NC 28717
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0151
Permit No. NCO068918
Cedar Hill WWTP
Jackson County
Dear Mr. Woodham:
A review of Cedar Hill WWTP's monitoring report for August 2009 showed the following
violations:
Parameter
Date
Measuring Frequency
Violation
Flow
August 1 & 2
Continuous
Failure to monitor
Remedial actions, if not already implemented, should be taken to correct any problem.
There were NOT any comments provided on the reverse of the relevant DMR to explain the
violations, norwas the facility status marked as non -compliant. To preventfurther action, carefully
review these violations and deficiencies and respond in writing to this office within fifteen (15)
working days of receipt of this letter.
The Division of Water Quality may pursue enforcement actions for this and any additional
violations of State law. If you should have any questions, please do not hesitate to contact
Wanda Frazier at 828-296-4662.
Sincerely,
ll
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc. WQ Central Files
ARO files
G:\WPDATA\DEMWQ\Jackson\68918 Cedar Hill (Resources Planning)\68918 NOV-2009-MV-0151.doc NorthCarolina
�lt#Lll'�I��f
North Carolina Division of Water Quality 2090 US Highway 70; Swannanoa, NC 28778 Phone [phone]
Internet: www.ncwaterquality.orq FAX [phone]
Customer Service
1-877-623-6748

Dee Freeman
Secretary
November 6, 2009
Mr. Mike Moiling
USDI National Park Service
199 Hemphill Knob Rd
Asheville NO 28803
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0487
Permit No. N00072729
Mount Pisgah WWTP
Haywood County
Dear Mr. Moiling:
A review of Mount Pisgah WWTP's monitoring report for August 2009 showed the
followinq violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
Fecal Coliform
08/11/09
400 #/100ml
830 #/100ml
Daily Maximum Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem.
The remedial actions taken and comments provided on the reverse of the relevant DMR were
sufficient to explain the violation. No further action is required.
The Division of Water Quality may pursue enforcement actions for this and any additional
violations of State law. If you should have any questions, please do not hesitate to contact
Wanda Frazier at 828-296-4662.
Sincerely,
, µ
Ror. Edwards, Regional Supervisor
Surface Water Protection Section
cc: WQ Central Files
ARO files
G:\WPDATA\DEMWQ\Haywood\32361 The Balsam Center\33236 NOV-2009-MV-0150.doc
No M,rolina
�lltlll'li���
North Carolina Division of Water Quality 2090 US Highway 70; Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www ncwaterguality.orq FAX [phone]

November 6, 2009
Mr. Tom McDevitt
Evergreen Foundation
28A Oak Street
Waynesville, NC 28786
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0150
Permit No. NCO032361
The Balsam Center for Hope & Recovery
Wastewater Treatment Plant
Haywood County
Dear Mr. McDevitt:
A review of The Balsam Center for Hope & Recovery's monitoring report for July 2009
showed the following violation:
Parameter
Date
Measuring Frequency
Violation
pH
week of June 28 - July 4
weekly
failure to monitor
Please indicate the correct county name (Haywood) on the top of the monthly report.
Remedial actions, if not already implemented, should be taken to correct any problem.
There were NOT any comments provided on the reverse of the relevant DMR to explain the
violations, nor was the facility status marked as non -compliant. To prevent further action, carefully
review these violations and deficiencies and respond in writing to this office within fifteen (15)
working days of receipt of this letter.
The Division of Water Quality may pursue enforcement actions for this and any additional
violations of State law. If you should have any questions, please do not hesitate to contact
Wanda Frazier at 828-296-4662.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
M. WQ Central Files
ARO files
NorthCarolina
G:\WPDATA\DEMWQ\Haywood\32361 The Balsam Center\33236 NOV-2009-MV-0150.doc
NatIlIvIllf
North Carolina Division of Water Quality 2090 US Highway 70; Swannanoa, NC 28778 Phone [phone]
Customer Service
Internet: www.ncwaterclualitV.org FAX [phone]
1-877-623-6748

NCDENR
North Carolina department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins Dee Freeman
Governor Director Secretary
November 6, 2009
Mr. Ron Shemesh, CEO
159 Babcock Co. LLC
1379 Old Rosman Highway
Brevard, North Carolina 28712
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0152
Permit No. NC0000108
Excelsior Packaging Group W WTP
Transylvania County
Dear Mr. Shemesh:
A review of Excelsior Packaging Group's monitoring report for July 2009 showed the following violation:
Parameter
Date
Measuring Frequency
Violation
Flow
Week of 6/30/2009 -
7/04/2009
Weekly
Failure to Monitor Weekly
It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been
marked "Non -Compliant" with an explanation of the reason for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for
this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 10
working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence
of similar situations.
If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500.
S incere�i
Roger C. Edward', Regiona Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Royal Water Works/ ORC
3 5 � r 3( E �� NorthCarolina
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone]

M Q=2
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Dee Freeman
Governor Director
Secretary
November 6, 2009
Kathy Connor
City of Asheville
70 Court Plaza
Asheville, NC 28802
Hartwell Carson
170 Lyman Street
Asheville, NC 28813
Subject: 401 Water Quality Certification - Approval
West Asheville Parks Restoration (West Asheville Park and Malvern Hills Park)
DWQ Project # 09-0896
Buncombe County
FRB02 / UT Hominy Creek / 6-76 / C
)ear Ms. Connor and Mr. Carson:
The Division of Water Quality (DWQ) has completed the review of your 401 Water Quality Certification
application associated with the subject projects listed above.
Approval has been granted to place fill within or otherwise impact 720 feet and 1080 feet of streams for the
purpose of streambank stabilization and stream restoration at West Asheville Park and Malvern Hills Park,
respectively. This approval requires you to follow the conditions listed in the attached Certification and
any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3689. This Certification allows
you to use Nationwide Permit 27 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Otte
Phone: [phone]M FAX: [phone] Customer Service:1-877-623-6748 NOrtilCar01111a
Internet: www.ncwaterqualiV.org
An Equal Opportunity l Affirmative Action Employer Naturally J

Ms. Kathy Connor
Mr. Hartwell Carson
November 6, 2009
Page 2 of 3
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units)
Plan Location or Reference
Stream
720 (feet)
West Asheville Park, Plans
Stream
1080 (feet)
Malvern Hills Park, Plans
Additional Conditions:
1. Heavy equipment should be operated from the bank whenever possible. All mechanized equipment
operated near surface waters should be inspected and maintained regularly to prevent contamination of
stream waters from fuels, lubricants, hydraulic fluids or other toxic materials. Equipment used in stream
channel must be clean, new or low hour equipment.
2. The permittee will provide on -site supervision of stability work including, but not limited to bank re -
sloping, in -stream structure placement, and riparian zone re-establishment, by an appropriately trained
individual.
3. The Permittee shall examine the stabilization work done under this Certification on an annual basis for
five (5) years following the completion of the restoration efforts. This field evaluation should note the
condition and stability of the measures installed and how well the repair is holding up. Corrections must
be made by the permittee, as necessary.
4. The permittee is reminded that the turbidity standard for Class C waters is 50 NTUs (Nephelometric
Turbidity Units), as described in 15 A NCAC 2B .0211(3)(k). Appropriate sediment and erosion control
practices must be used to meet this standard to the maximum extent possible while work is conducted
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.

,r
,arson
2009
3
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Susan A. Wilson in the Asheville Regional Office
at 828-296-4500.
Sincerely,
` J
Coleen H. Sullins, Director
CHS/saw
Enc: GC3689
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit Central Office
ARO File Copy
Jacob P. McLean, Michael Baker Engineering, Inc.
797 Haywood Road, Suite 201
Asheville, NC 28806
G:\WPDATA\DEMWQ\Buncombe\401s\WestAshevilleParks\09-0896 Approval 11 2009.doc

November 6, 2009
Mr. George W. Ware, Owner
High Country Home Care Inc.
PO Box 658
Newland. NC 28657
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0149
Permit No. NCO060224
Jonas Ridge Adult Care Facility WWTP
Burke County
Dear Mr. 'Ware:
A review of Jonas Ridge Adult Care Facility's monitoring report for July 2009 showed the
following violations:
Parameter
Date
Measuring Frequency
Violation
Temperature
7/1 — 7/31
5 times per week
Failure to monitor
Remedial actions, if not already implemented, should be taken to correct any problem.
There were NOT any comments provided on the reverse of the relevant DMR to explain the
violations, nor was the facility status marked as non -compliant.
The Division of Water Quality may pursue enforcement actions for this and any additional
violations of State law. If you should have any questions, please do not hesitate to contact
Wanda Frazier at 828-296-4662.
Sincerely,
r
f�� frt t tjd , ,r-.
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
CC' WQ Central Files
ARO files
G:\WPDATA\DEMWQ\Burke\60224 Jonas Ridge Adult Care\60224 NOV-2009-MV-0149.doc
North Carolina Division of Water Quality 2090 US Highway 70; Swannanoa, NC 28778 Phone [phone]
Internet: www.ncwatergualitV.org FAX [phone]
Nne
orthCarolina
Natimally
Customer Service
1-877-623-6748

CDENR
rJB3 '0D0eDt8nd'Natural 1 pcDUmes
U��O��B��m�
,�c F8VC0'eeO1-1.
��V80Dr Dieli0[
Ti? FiedeAIA. Director 0fF@[j|ilti_aS
Buncombe County Board 0fEducation
175Bingham Road
AsheViUe'N.(}. 28808
De8rK8cFiad@�
Dee Reeriian
Subject: PennitNo. \88Q0O34434
BW000D1be;[|nUO[yB8andQfEdUC@tiOD
VV�[�|nt8[|nediate S'chQD|
Wastewater Collection System Extension
BuDcVnlbeCounLy
|naccordance with your application received October 28,20O9, we are forwarding herewith
_ . Permit No. WQ0034434, dated November 29, 2009, to Buncombe County Board of Education for tile
(' construction and operation of the subject wastewater collection system extension.This permit shall ba
`-�-' �o�od |iiatinnoeooliv�fn�n the date of until . sm[
aaspecified therein.
This cover letter shall beconsidered apart 8fthis permit and iS incorporated therein bv
reference. Please send Do!j_��iqe q o )y h notjq��!P_pEoqg�ef_j�j��Lyqur contractor for this
co LIE�ctic�n sy,::jtern extension. Please pay particular attention to Permit Condition 3 which requires that
the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC
2T .0403 or any individual systern-wide collection system permit issued to the Permittee.
Permitting of thisproject does; Dot constitute an acceptance of any part of the project that does
not nneet 15/ HCAC 2T; the OiviSioD of Water(�ua|it�'s (Division) (�!�vity �evve/ K8ininoum OeaigO
Criteria adopted February 12. 18S6 as applicable-, and the Division's Mlininnunn Design Criteria for the
Fast -[neck Pmnnitting of PUnnp 318tionu and Force &4ains adopted Junc 1. 2000 as applicable, unless
specifically mentioned herein. Division approval isbased onacceptance ofthe certification provided bv
the North Carolina -licensed Professional Engineer named in the application. It shall be the PeOnitte9'a
responsibility to BDSUre that the as -constructed project meets the appropriate design criteria and [U|eS.
Failure to CO[Dp|y may F8SU|t in penalties in aCCO[d8nCe with North Carolina General Statute 143'
215.OAthrouUh G145-215.6C. construction of additional Or nepwas
tewater collection facilities,
arid/or referral of the North Carolina -licensed Professional Engineer to the licensing hO8Fd
Asxo,KZRegional Office
oewnCustomer Service Center
An Equal Opportunity Aclion Employer
Internet vmvwnmv3turqvalk»mo
Telephone [phone]e
50mreed/10%mmt-consumrrpaper

Buncombe County Board of t-duc ltlon
Nloveniber 9, 2009 Page 2
n accordance with ttte provisions of Article 21 of Chapter 143, General Statutes of North Carolina
as amended, and other applical:fle I_.avvs, Rules, and Regulations, permissi _;ni is hereby granted to the
Buncol-T-lba. County Soard o, Ec _?c=ation for the construction arid operation of approximately rCt'6,,4 lin 't<
feet of 8-inch CjraV9iy Sewer to r`{kL� a -proOl see C 6 s &ar z t4 f r d is Wiest
�_ ;_, ;�c.��.�,i �-�. �,ahcc�, to �, ��, '0,� �.�.� _d�., �.., a^� part ofthe �
Intermediate -chool project, and the discharge o'13,500 gallons � "III, o .'
�_,l ns per day Of c��, cited d,,,, ,�..Ls';
wastewater into Vie €av+le li-ccol;tadi v a � i p '. District of r3u,i.,c;i;be �..C:pullty exi: tirl,� sewerage sy�:81"i1,
pursuant to the application received October 29, 2009 and in conformiity �1°��ith 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 supportir-lg data Subsequently filed and approved by the
Department of Environment and Natural Resources and considered a part of this permit.
The sewage and wastewater collected by this system shall be treated in the Metropolitan Sewerage
District of Buncombe County's Wastewater Treatment Facility (Permit No. NC0024911) prior to being
discharged into the receiving stream.
This permit shall become voidable unless the agreement between Buncombe County Board of
E'6uca tr �n arid fetropolitan Sewerage I..istrkct of Buncombe; (" ounty for 'tile, collection and final
treatment of wastewater is in full force and effect. The Operational Agreeriient between the Permittee
and the Environmental Management Commission is incorporated herein by reference and shall be a
condition of this permit. Noncompliance with the tern'is of the Operational Agreement shall subject the
Permittee to all sanctions provided try Noli1 Caroliri-c< General Statutes §14-2-15.6Ato 143-215.6C. for
violation of or failure to act in accordance with the ternis and conditions of this permit.
Construction of the subject wastewater collection system shall not commence until approval for
the construction and operation of these sewers has been obtained from the Metropolitan Sewerage
District of Buncombe County.
If any parts, requirements, or limitations contained in this pert -nit are unacceptable, you have the
right to request an adjudicatory Dearing 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 27690-6714. Unless such demands are made, this permit shall be final and
binding.
4500.
If you need additional information concerning this matter, please contact Don Price at (328) 296-
Sincerely;
for Coleen H. Sullins, Director
Division of Water Quality
cc: Buncombe: County Building Inspector
ARO, Surface Water- Protection (VVWTF Permit No
Chris tray, RE./Civil Design Concepts
MStD of Buncombe County
Surface Water Protection Section Central Files
PERCS Files
NC0024911)

Ni IRTH, CARZO9LINI 4
DE-E AR"H'Ar"CH `iT 0F.L €`�' ili4t rQf; .'w i AND N, TU RAL ; !E,-5CDt_ RC F_-. ;
WASTEWATER COLLECTION4, SYSTEIV t:,KTEfq,,.ii0%N PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's
(Division) Gravity Sewer Minimum Desicln Criteria adopted February 12, 199E as applicable; the
Division's [Viinirnurn Design Criteria for the. Fast -Track Perrni tine of Pump Stations and Force
Mains adopted June 1, 2000 as applicable; and othr;r supporting materials unless specifically
mentioned herein.
?. This perrnit shall ''be effective Only with ! espect to [he natu('' ant. valor le of walk-,-, ciesoi ibed in tile
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
opef"cai:Orl rii _ 1T1dLlten r1C: (7f ll"lE'.:.c 'I aCi!Itl(i;; ci., rC. UII't,u by 'i 'kf NCAC n (_ .% I 1'a( j. If of i IndfVil"li.i?l
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T
.0403:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the grOUndwater standards in
15A NCAC 2.L .0200 or the surface water standards in 15A NCAC 25 .0200.
b. A map of the sewer systern shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 d,=,,ys per year). Pump stations that are connected to a telemetry system shall be
!nspecea a� least once per week.
e. 1-iigh-priority sewer lines shall be inspected at least once per every six-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 213 .0506(a), amd public notice shall be provided as required by
North Carolina General Statute §143-215.1C.

r r.-r t f`! 1A1t^)00,34ft3 r �.E c(?17C1 �: i_Jr'ltil )i' V /f t''s tr r'ic.�tr—f- �C IC•C-i i�i,ai_cr Je ovii l 1{};J�rT16;Ur' %l1)`
f'e t 1! �J ) WllJ ,.1 JJ w,. �r !`i 1 1 �.'
- — =�= — —
ti' This ner,R..n� t shall not Su � � �i3`�ir �rl�i;), I11 t:lie eye=r!t t'.le"(F? I, c :. `311"c'. It r'i c i1aSi ll4ter collection
n
_ _n_ .. u.e. __. _.._,__..__
facilities to change ownier ihip, of tfic'•r_'. is a name 01hanciie of !Ihe Permittee, a fonnal permilL req,!; .iest
shall be submitted to the Division accomparil'-Id ;y documentation fron-i the parties invoh,,ed, and
other supporting rnaterials as may be appro ;riate. The ra c � -s'. Shall b �- �ppr.>v�.,.i �i this recto, �. i1�: e
considered or' Its merit, and mc?y or rnm not be approved.
5. Construc'iloi, of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to�eraLion of those pei witted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations pert -pitted as part of this project shall be received from a north, Carolina -licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Station
and Force Mail, adopted June 1, 2000 as rpplic ;ble;; and oth rsupporting materials. Ii this Project
is to be completed in phases and partially certified, you shall retain the responsibility to track
further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the i:7llase beinq certifi ci, s0iall be sr.!bmitted with
each partial certification. iviaiil the Engineer's Certification, one copy or" the "Construction Rlecord
Drawings," and one copy c-f the supporting design calculations to the: Non -Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
A copy of the construction record drawings shrill be rn.airrtr<in . ' on file h\, 1 `1_> Pc r rlittee for the life
of the wastewater co!lection 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.
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 n iay be rei-li fired by this Division, such as thr: cons'd uC..ion of addiiiona.l or replacement
taC!IIIGS.
10. The issuance of this per-rriit shall not exeliipt thei Perniidee frorn 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 Gr-nited to applicable river buffer
rules in 15A NCAC 2S .0200, erosion and sedimentation control re(,uirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 2t3 .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a yR, Ler qua!iy staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next `.working day, following the occurrence or first knowledge of the occurrence o eeither
of the following:

Permii No.. /1i'4; 00 4,434. wit combo County QQ) T Vy r t e+ .a ? t`,h+ r!==.,irli3Or � Cv ��i nC'�!'�!t_ 'i �i 9 2009
a. Any process Unit failure, due to known or, unknown reasons, that renders the facility incapable
of adequate wastewater transport, si,rch as mechariical or electrical failures of purn.ps, line
blockage or break age, etc.; or
i y '! 1i ! � f a7 ` (! St4=-i � c s t n, iine l by-pass dii ectly t receiving 6t s
:J. Ai'l� ._:I I"' of �; pumplri�, +iit.n Or ..E;a(._.. I ��c, rE?5u,�.iilt� in c^^� � !. �.i r'e"'E; 1u V.ca �r�
withouI tr eatrn nt of all o!- any poi Lion of tFie influent to such sta-[Joil or facility.
Voice mail messages or faxed information is i.-)ei-r-nissible but this shall not be considered as the
initial verbal repoil. Overflows and spills occun-ing outside normal businoss hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
7 33-3300. Persons repo! tiilg any of the above occurrences shall file a spill repoil by completing
Part I of Form CS -SSG (ar the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or, proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond conti-ol.
Permit issued this the 9`h day of Novemboar, 2009
NORTH C';AROLINA ENVIRONMENTAL_ MANAGEMENT COMMISSION
for oln H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission!
8.4ei'rnit leaw-nb6.:v kA-G?.'SVM4t134

Permit No.. lj\f000%_ . t tri Cornbe Q;o R _ �v�a
_ -r.. f
Cap t. feel. of xinchr�lJity t�_ .
,ve ai OrstrlCtf0! and Oper2i10i of ci `, IrntoI '1)ri
5"lst-t i)Jk,� nyyz;
os part of the �.r�. ,.. '�,. tnte-rlli..,{ ia-1 ., . t.,ilooll pr-o.lect, t:j Ed the disr.I Iafge of
'3' )L?0 Cs:±Ilons per day of collected .? {s ?. c ,v erinto
,� � c;°r. . ti,'' �V z E. `<t, t€`lf�:�
� uincoi —ibe i. oui—ity
Complete and submit this form to the Asheville regional office with the following,
One copy of the project record drawings (plan & profile view:: of sewer lines) of the wactewaac;r collection
system extension
supporting design calculations (selected pumps, system r_.ury _:, 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
m Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are requireu for an_y changec resi.rltin l in non_-ccnp!iailc °✓ith fihi_s_p rr ii%Lre_QUlations or
n^Iinimum ciesign criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly r~eGomm.endledl
that this cei-dTflication ba sent in a s-larlrier that provides proof of r4;c ip'. by the Divtzric+n.
Ei,€C.,lNE:E R'8>EF TIFICA-i ION
❑ Partial ❑ Final
ciu!y regist^rcd V r )rE ss m tl E i neer in tile: State Of }North C arelin__a, having
been authorized to observe ❑ periodically, ❑ weekly, ❑ full time) the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of
Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials.
North Carolina Professional Engineer's
seal, signature, and date:
................................................................................
SFI',JlD THIS,- FORY0 cf' SI~I',-3,"Os<fIN(:':; DOGUNI i!_I..ATION
WITH i":f~.QUi11-1ZE ? XfT10kCI-IMENTS TO fiiE FOLi_O4°iirING ADDRESS
ROGER C. EDWARDS
SURFACE WATER. PRO T EGTIOIE! SLJPERVISC1fk'
,,3HEVILLE: 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 small be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.

Qnrtl'� C.tu|n@
r D�D�hm5Oi,nf�O
^DivIsiom
BeVeiyEaves Perdue
H�SU|iiDs"
DBSF, eerfl8O
November S'2008
Tim FiBrle'AJA Dilrector �fF@d|3' -S
BURCo[Ob3County Board [f E-dUCGtOO
175Bingham Road
Asheville, N.[.288O6
Gubje{t: Permit No. VVQ0O34434
BUnc0D1beCounty BDaird0fEducation
VVe5t{nterUladi@te S'ChoD|
Wastewater Collection Gyatern Extension
Buncombe County
Dear K0[Fi�de-
In accordance with your application received October 29, 2008. we are forwarding herewith
Permit No. \A/C>UO34434.dated November 29.2OO9'toBuncombe County Board VfEducation for the
~ � construction and np8[@tiOnVfthe auhiectvv�atevVatercOUectioDnystenlextension. This pernnitShaUbe
` '
e�uc�ivefnznn �ho date ofinou8|'ceuDd| rescinded, and ahaU be -subject to the oondi\iooa and |innitatinno
aaspecified therein.
This cover letter shall be considered a part of this permit and is incorporated therein by
reference. Please send Don Price a copy of the "notice to proceed" issued to your contractor for this
collg�ctign systern extension. Please pay particular attention to Permit Condition 3 which requires that
the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC
2T .0403 or any individual system -wide collection system permit issued to the Permittee.
Permitting of this project does riot constitute an 8CcSotgnC8 of 8Oy part of the project that does
not nneet 15/\ HICAC 211; the 0vioion of Water C>ua|ih/r (Division) ('3r�vity �evver KXininnum Design
Criteria adopted February 12. 1996 as applicable; and tho Division's Minimum Design Criteria for the
Fast -Track PcOniftinQ OfPUnnp Stations and Force K8ainnaidop1ed Juno 1. 2000 on appUcab|e, unless
specifically mentioned herein. Division approval isbased onacceptance ofthe certification provided bv
the North Caro|ina-|ioensed Professional Engineer named in the application. It shall be the Pormittee'a
responsibility to ensure that the 8S'onnSt[UCted project nleots the appropriate design criteria and [u!8S.
Failure to C0rOp|y may r8SU|t in penalties in GCcDrd2nCH with North CanD|iD@ General Statute §143'
215.OAthnDugh §143-215.6C' construction Of additional or replacement wastewater cDUACtiOO facilities,
and/or referral Ofthe North Carolina -licensed Professional Engineer to the licensing board.
Ashewile Regional Office
DENRCustomer Service Center
AnEqual Opportunity Action Employer
Internet wvwncwyterquaayorg
Telephone [phone]

Buncomb : County 'E-oa,rd of Educ=r ion h ove; lr 9, 2009 Page 2
n accordance with t1he provision.,; of Article 21 of Chapter 143, General Statutes of North Carolina
! other- a , an
as amended, am ot,lei' upt�ll„a!")Iv 1..aws, Rules, ��nCl Regulations, 17ermlSsion is hereby granted t0 the
Bunco -obt County Board o; E6110-ation for the construction and operation of approximately i6 li ie:n-r
feet. of 8-inch ty .av1ty sewer; tc) 1 LC a Proposed J 6 school to, sarvia.. 9,00 tud' r .�. he �� z t
:�. ��.,, a;� hurt of the � �.yd
Intermediate 3ch >ol project, and the discharge of 131500 galion:; per day of collected dor, esdkjr,
waste`.ater into the inAe,iri?pol; an S ;i- age District o' Courity existing ,; vverage system,
pursuant to the application received October 29, 2009 and in conformity with 15t^ NCAC 2T; the
Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains
adopted June 1, 2000 as applicable; and other supporting data Subsequently filed and approved by the
Department of Environment and Natural Resources and considered a part of this permit.
The sewage and wastewater collected by this; system shall be treated in the Metropolitan Sewerage
District of Buncombe County's Wastewater Treatment Facility (Permit No. NC0024911) prior to being
discharged into the receiving stream.
This permit shall become voidable unless the agreement between Buncombe County Board of
Ed-Ucati .-n and fitletropolitain Sewe rav,? L-Astrict o` Buncoin'00 County for the collection and firmil
treatment of wastewater is in full force and effect. The Operational Agreement between the Permittee
and the Environmental Management Commission is incorporated herein by reference and shall be a
condition of this permit. Noncompliance with the tern')s of the Operational Agreement shall subject the
Permittee, io r:<II sanctions provided hy t\JO;-th C:,�?rolirl.r General "'tatute s §143-215.6A to 143-215.6C for
violation of or failure to act in accordance with the terms and conditions of this permit.
Construction of the subject wastewater collection system shall not commence until approval for
the construction and operation of these sewers has been obtained from the Metropolitan Sewerage
District of Buncombe County.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request rnust 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 27699-67'14. Unless such dernands are made, this permit shall be final and
binding.
4500.
If you need additional information concerning this i-natter, please contact Don Price at (826) 296-
�:�incerca;�;
fo7- Coleen H. Sullins, Director
Division of Water Quality
cc: Buncombe County Building Inspector
ARO, Surface Water Protection (WW1-F Permit No. NC0024911)
Chris Day, P.E./Civil Design Concepts
MSD of Buncombe County
Surface Water Protection Section Central Files
PERCS Files

1F ' C RZ 0g 1NN
DFPAR r F'IA,E T OF Et,,!V-1'ON,,V0EN7 AND NP r'lsRAL RES- LERCES
i^"...}rsi EIG a
n>��t r. 5�E d., M .,3
WASTEWATER ER COLLECTION ION SYSTEM, EXTENSION Pt-RRAIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC .0200; the Division of V)fater Quality's
(Division) Gra.vit:y ,ewer Minimurn Design Criteria adopted Febn,iary 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast -Track Permittin -i of Pump Stations arid Force
Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically
mentioned herein.
2. This permit shall be effective only with re,,.."ert -to i:he natrJr'._'. and VOlUrne o il wastes desciibed in flit_',
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 individt.ral system -wide collection system perrnit for the
OpE'.r"gaol"1 cwl'I' 11�iili ltE it rlCr; t7F 'tl"1E:.3f f .� IIItfE it: r'�, flirt d l)y 'f -;A i !CAC % 1 .OZ.C"i3. �'I ai"'i II'1CiiVll".11i`c i
permit: is not required, the following performance criteria shall be meet as provided in 15A NCAC 2"I
.0403:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the grot.indwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2D .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 days per year). Pump stations that are connected to a telemetry system shall be
inspected cat least once per week.
e. High -priority sewer lines shall be. inspected at least once per every six--morith period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 213 .0506(a), and public notice shall be provided as required by
North Carolina General Statute §143--215. 1 C.

_ . _ cr _%
7 .>Pe'rn, it Io.. �007443 ruE �mre Coi,_?-� E.iet '�.rrrici rY"'IC"Gou•!rN rct
ri. §_r'"$' '_rr�7?'F shall i at b * t '1 `�i �+�ti;:. in the evCen-, tilei"e I,^, rt esll"c� for 'ti the v,fast`.:'',�'�i�?�;ir'I" t�C::Ilec lOCl
facilities to change otd',/riei ship, or there Is a narinte 'cha- ri ie of the Perrniitlee, a formal permit
shall be submitted to the Division i accom=,aniec i by frorn the parties involved, and
other suppor ing matcl'ial5 =s nia', be ` p ' l_ } ' ( i si: shall be
�rU ;ria,.e. Tri p�rr>�;��I of this recu;,.�;
considered on Its rnerlt.,_ and r71c)! or ril l\ not be aipprov 'd.
v. Construction of the gravity sewers, pump stations, and force mains shall be scheduled s<.., as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and �rirr tg operation of tt� e pei ii�itted facilitie 7 a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations pernlittted as part of this project shall be received from a North Caroline -licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2 T ; 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 trail, aclo pte.d June 1, Z`.. a � applicable-, � th( S t 'a,I If this proiect
PI l � 000 �,.s �in.a o�n�;r' �_rpport,rig ma r:n�� �.
is to be completed in phases arid partially certified, you shall retain the responsibility to track
further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
ravings, Indicitino the facilities c:on.=aruc,ted in the phi' e beirid r,�rii,ied, sfi,^II he submiited with
each partial certification. w ail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy cif the supporting design calculations to the Non -Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC: 27699-1617.
A copy of the construction record dr<arrings shall be maintarine _'. or, file by Vic: Per-nittee for the I,fc
of the wastewater collection facilities.
B. 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 F143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, inclUding the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as
�:.o riict4 be rF'�3i11reCi b\, this lilVl-;i`)rl, such as the (;Qri:";ru:;ilU;'! of additional Or repli.<('c went
tallllrie.S'.
10. -1 he issuance of this permit shall not exermpt the Permittee frorn complying with any and aII
statutes, rules, regulations, or ordinances that may be irriposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2D .02.00, erosion and sedimentation control rec:uirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requiremerits pertaining to wetlands
under 15A NCAC 2[3 .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a v�/ater cLLality_staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or- first knowledge of the occurrence of either
of the following:

a.. Any Process unit failure, Glue to knov.,,n or unknown reasons, that renders the facility incapable
ol, adequate wa-stawater transport, st.ich as mechanical or electrical failures of PURII.PS, line
blockage or breal,,age, ei,c.; or
b. 4n»fai|uF� of 8 pUrnpi�g �t8b0n OrSevv�r Un� r�ou|bng in � by-pass directly r�CekjDg VV@h�rs
vvithOuLtna8t[nsntofall orany poltionoftheinfluent tnsuch st@Uonorfacility.
Voice O;8i| messages or faxed information is p.­nrnionib|e but this shall not. be considered as the
iDid2! V8db8! report. {}v8rDnYYS and spills
occurring outside normal business hours Ol2y2|So be
reported to the Division Of Emergency Management at telephone nu0ber(8OO) 859-0358 or(S1B)
733-3300. Persons reporting any of the above OocumanoeS ohaU 0ke, 'a spill n*poill by completing
Part | of Form CS-8S{} (or the most current Division approved fOOn), within five days foUovvinQ first
knowledge ofthe Occurrence. ThiSreport shall outline the actions t8kenorproposed. i0ensure that
the problem does not recur. Per Condition 1/2`. Part \i of Fora', CS-CSO (Or the most current
OivisiOD8pproVedfnrnO)Cano|aobeCVnnp|etedto3hOvVth8tth8G8DVYGSbeyoOdContr0|.
Permit issued this the 9""' day of November, 2009
NORTIH CAROLINA ENVIRONMENTAL MANAGEMENT* COMMISSION
-
ftr��Ol In H. Sullins, Director
Division of V\/ater Quality
By Authority of "the Environmental Management Commission
a

_Permit No.. `�,K0;_�43y_ 13ur..cornbe (Iou t� I} _;_ �%�1'S�: In fi i,diaLe S a itl_, F—.un ,o ibe � i E t��' r�Gt�r 9, M"i
constr umloi rr amd operation. of appralxlirn .ztely 869 ilr s::_�¢ -- li'ldh gr m-to , V;�
La, Jc 11)o .0uirlent-s is part (.,, the V1 ; lrE erinedi;';; .. choo l I)i olect, %aril.! tl io di,cl a !e of
.j. ` 00 Cyr? lor`Is ()er day of c0I ec' e r d e r ✓ a
y tt U �rYE _ Ui . ��4'.z -�� `�t r Ir to tilt'tt l t of
ln".+uincoiiIbe Cc;t;!,ty
Complete and submit this form to the Asheville regional office with the following:
A> One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater coilection
system extension
supporting design calculations (selected pumps, system curV�, 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 re - uired for an_y changes resultinci in non -cc n_r)liance with t_hi_s_p_gLi iitL_re_gulations or
minimum delsir.,n criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this cer-il i5:eition ba sent in a n "ivfiner that provides proof of rece,,,itby t.i"-e Divisic?n.
❑ Partial ❑ Final
Ds, r duly registered f rJIE _„Iail,?I l a :raF c:i in th(` :'itate of North Carolina, having
been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2-1-; 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:
........................................................................................
Sr:=i1..!D T III; a OR1`0 < U!.-;PORTING C'OGUNAE"N.I'Ai"EON
V�� 1-1 RE'i UIFIED A-ITE`4CHMENT ro i-IFIE i". LLOWll` G ADDRESS
ROGER G. EDWAFMS
SURFACE IWA` E CRC? o Cr�'iC.?s�! SUP1=I�v`iSt`'D6��,
A EVILLE_ REGIONAL OFI=IC,fw
ai
2090 US HIGHWAY 70
SWAB=3NANOA, 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.

WJ
-WV
�►
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 9, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8694
Ted Cooke
Gunpowder, LLC Riverbend Development
825 3rd Avenue NW
Hickory, NC 28655
Subject: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2009-PC-0890
Gunpowder, LLC Riverbend Development
Catawba River Buffer Violations
Caldwell County
Dear Mr. Cooke:
On November 4, 2009, Linda Wiggs with the Division of Water Quality (DWQ) conducted a
site inspection at Riverbend Development in Caldwell County. Present during the inspection
was yourself and Alfred Cooke.
DWQ staff observed and noted impacts to the riparian buffer on the Gunpowder Creek arm of
Lake Hickory which is subject to the Catawba River Buffer Rules. Impacts to the buffer
include removal of the vegetation. You stated the reason for the removal of the vegetation
was to create a view corridor. Three areas of disturbance where vegetation had been removed
were noted during the inspection. Each area of buffer disturbance was approximately 1,000
square feet. In summary, approximately 3,000 square feet or 0.07 acres of buffer are in
violation of the Catawba Buffer Rules.
As a result of the site inspection and a file review, the following violations are noted:
Item I. Catawba Buffer Violation
The above is a violation of Title 15A NCAC 02B .0243 (4) of the Catawba Buffer Rules
which states that: Zones 1 and 2 of the riparian buffer remain in vegetation that is undisturbed
except for those uses provided for in Item (6) of this Rule.
N. C. Division of Water Quality
Asheville Regional Office
2090 AY 70 Swannanoa, NC 28778
One
Phone: [phone] FAX: [phone]
No thCarolin l
Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
of L t
d,11"I'ff
An Equal Opportunity 1 Affirmative Action Employer
�/

Page 2 of 2
November 9, 2009
Gunpowder LLC Riverbend
Caldwell County
Required Response
Accordingly, you are directed to respond to this letter in writing within 30 calendar days of
receipt of this Notice. Your response should be sent to the Division of Water Quality,
attention Linda Wiggs, 2090 HWY 70 Swannanoa, NC 28778 and the Wetlands and
Stormwater Branch, NPS Assistance and Compliance Oversight Unit, attention John
Hennessy, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should
include the following:
Riparian Zone planting — Please submit a Restoration Plan to this office for review and
approval. This plan must be developed to ensure that at least two native tree species
are planted at a density sufficient to provide 320 trees/acre at maturity. This density is
usually achieved by planting approximately 436 trees/acre on a 10 ft. x 10 ft. grid or
681 trees/acre on a 8 ft. x 8 ft. grid. Please see the attached Guidelines for Riparian
Buffer Restoration for assistance in developing your plan. This plan must include the
types of native woody vegetation selected, methodology of planting, and a site map
indicating the location of the replanting efforts
Thank you for your attention to this matter. This Office is considering an enforcement action
and an assessment of civil penalties for these violations 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 and properly resolved. These violations and any future violations are subject to
a civil penalty assessment of up to $25,000.00 per day for each violation. Should you
have any questions regarding these matters, please contact Linda Wiggs at [phone].
Sincerely,
a
Roger C. Edwards
Regional Water Quality Supervisor
Surface Water Protection Section
Enclosure: CTB Buffer Rules
Guidelines for Riparian Buffer Restoration
cc: ARO File Copy
John Hennessy — DWQ Wetlands and Stormwater Branch, NPS-ACO Unit
DWQ Central Files
Granite Falls Planning Department
P.O. Drawer 10
Granite Falls, NC 28630
G:\WPDATA\DEMWQ\Caldwell\BUFFERS\riverbendNOV-2009-pc-0890.docx

Beverly Eaves Perdue
Governor
November 10, 2009
Charlotte and Clement Riddle
253 Sunset Cove Road
Lake Lure, NC 28746
Subject: Request for More Information
Riddle Seawall Repair — Dock Expansion
DWQ Project # 09-1064
Rutherford County
Response deadline: December 11, 2009
Dear Mr. and Ms. Riddle:
Dee Freeman
Secretary
The Division of Water Quality (DWQ) has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced project. 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 submitted application appears to contain erroneous information. Please resubmit a revised
application containing information relevant only to your proposed project.
2. Riprap placement will be required as described in the US Army Corps of Engineers General
(Regional) Permit 198200030:
• Riprap will be placed at the base of all bulkheads and will extend a maximum of three (3)
feet waterward on a 2:1 slope. All other fill material will be confined landward of
bulkheads.
Please include the impacts of the required riprap in your application.
Please provide your response in writing to the addresses below by December 11, 2009. One (1) copy of the
required information should be provided to the 401 Permitting Unit at:
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone]M FAX: [phone] Customer Service:1-877-623-6748
Internet: wwvAj.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
One
N®rihCarolina

Charlotte and Clement Riddle
November 10, 2009
Page 2 of 2
Ms. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
and a single copy to the Asheville Regional Office at:
Chuck Cranford
Surface Water Protection Section
2090 US HWY 70
Swannanoa, NC 28778
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 Chuck Cranford 828-296-4664, if you have any questions.
Sincerely,
' d ,...�•'L L.ell
v L4
Roger C. Edwards
Regional Office Supervisor
Surface Water Protection Section
cc: Cyndi Karoly - 401 Permitting Unit
ARO File copy
0:\WPDATA\DEMWQ\Rutherford\401s\Riddle\09-1064 AddInfo_11-10-09.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coieen H. Sullins
Governor Director
November 10, 2009
Eric and Laura Partner
45 Bridlewood Place
Concord, NC 28025
Subject: Request for More Information
Eric and Laura Partner
DWQ Project # 09-1060
Rutherford County
Response deadline: December 11, 2009
Dear Mr. and Ms. Panner:
Dee Freeman
Secretary
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:
l . Please provide an Agent Authorization letter giving signatory authority to Mr. Darrell Panner, if
appropriate. Otherwise, an updated application signed by the owner/applicant will be required.
2. Please provide information describing how Division of Land Resources Trout Buffer compliance
will be maintained.
Please provide your response in writing to the addresses below by December 11, 2009. Four copies of the
required information should be provided to the 401 Permitting Unit at:
Ms. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
and a single copy to the Asheville Regional Office at:
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone]\ FAX: [phone] \ Customer Service: 1-877-623-6748 One
Internet: www.ncwatergLiality.org NorthCZrolina
An Equal Opportunity lAitirmative Action Employer

Eric and Laura Partner
November 10, 2009
Page 2 of 2
Chuck Cranford
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 Chuck Cranford 828-296-4664, if you have any questions.
Sincerely,
U
Roger C. Edwards
Regional Office Supervisor
Surface Water Protection Section
cc: Liz Hair - US Army Corps of Engineers Asheville Field Office (e-copy)
Dave McHenry NCWRC (e-copy)
Clint Calhoun (e-copy)
401 Permitting Unit — Central Office
ARO File copy
G:\WPDATA\DEMWQ\Rutherford\401 s\Panner\AddInfo_09-1060_11-10-09. doc

Beverly Eaves Perdue
Governor
November 10, 2009
John J. Williams
444 Charlotte Drive
Lake Lure, NC 28746
Subject: Request for More Information
Seawall Repair
DWQ Project # 09-1071
Rutherford County
Response deadline: December 11, 2009
Dear Mr. Williams:
Dee Freeman
Secretary
The Division of Water Quality (DWQ) has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced project. Additional information will be required in order to
:)mplete the review process.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Please provide a completed sketch using the attached template, which indicates the dimensions
of the riprap to be installed.
2. Riprap placement will be required as described in the US Army Corps of Engineers General
(Regional) Permit 198200030:
O Riprap will be placed at the base of all bulkheads and will extend a maximum of three (3)
feet waterward on a 2:1 slope. All other fill material will be confined landward of
bulkheads.
Please plan your project accordingly.
Please provide your response in writing to the addresses below by December 11, 2009. One (1) copy of the
required information should be provided to the 401 Permitting Unit at:
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina.28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
Nne
orthCarohna
An Equal Opportunity `..Affirmative Action Employer

John J. Williams
November 10, 2009
Page 2 of 2
Ms. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
and a single copy to the Asheville Regional Office at:
Chuck Cranford
Surface Water Protection Section
2090 US HWY 70
Swannanoa, NC 28778
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 Chuck Cranford 828-296-4664, if you have any questions.
Sincerely,
i'`�
l
Roger C. Edwards
Regional Office Supervisor
Surface Water Protection Section
cc: Cyndi Karoly - 401 Permitting Unit
ARO File copy
GAWPDATA\DEMWQ\Rutherford\401 s\Williams\09-1071_Addlnfo_I1-10-09.doc

Pleaseapproximately,sketch the ft UbVing information on tlis play
(please provide dimensions for each item, such as 10 ft. x 100 ft):
d) t. proposed vegetation elsanng (provide dimension
.2) LocationL of rip rip, yr fill tole placed above the Full Ponds Iev ton
Location, of Op rap or ill tobeplaced below the Riff fond elevation,
4) The location of any:proposed structur such buildings, retaining
walls, doc s, otc.
The tocation of any, excavation or Bridging below, the Full Pond
elevation.
6), Location of construction access corridors,

PIIease approximately sketc 1 the following ihtomiation on fls plan
(,,pfease provide dimensions for each,, kem, such as 10 ft. x 100,ft):
1) All proposed eg tation tlloring, (provide dimonslon
.) Location of, rip rap or rill to be placed above the Fu,li P,O-nd leva-fti n
Location, f rid rap orfill to be placed helow the Full "Par:.id &Ievati n
) The Wation of any pro os`,04 attuctures suohs buildings., reta "irto
w lls docks eta#
The cation or any excavation or, dging below the Full " nd
elevation.
6) Location at` construction occess corridom

A'
DEN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 10, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8687
Joe Cline, Executive Director
Tuckaseigee Water & Sewer Authority
1246 W Main St
Sylva NC 28779
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE
NOV-2009-DV-0305
Permit No. WQCS00108
Tuckaseigee Water & Sewer Authority
Jackson County
Dear Mr Cline:
A review has been conducted of the Tuckaseigee Water & Sewer Authority (TWSA) self
reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by TWSA. This review
has shown the subject facility to be in violation of the requirements found in Collection System
Permit WQCS00108 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized
below.
Area
Violation Date
Description
Violation
Type
CSO/SSO
09/21/2009
Sanitary Sewer Overflow
Discharge
(Sewer Overflow)
Without Valid
Permit
Remedial actions should be taken to correct this problem. The Division of Water Quality is
considering pursuing enforcement action for this violation. While the overflow was reported by
the ORC of the WWTP, this Office considers this incident to be an SSO as it occurred due to I&I
resulting from heavy rains It is imperative that the collection system be }=� lly maintained and
One
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 NorthCarolina
Phone: [phone]M FAX: [phone] \ Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org Natul'ally
An Equal Opportunity \ Affirmative Action Employer

operated to prevent like events and that the collection system operator take responsibility for
reporting SSOs, where applicable, to the Division of Water Quality.
It is requested that you responded in writing to this Office within ten days of receipt of this
notice. In responding, you should address the causes of noncompliance and all actions taken to
prevent the recurrence of similar situations. If you should have any questions, please do not
hesitate to contact Keith Haynes at 296-4500.
Sincerely,
Roger C. Edwards
Surface Water Protection Section Supervisor
Division of Water Quality
Asheville Region
Cc: Central Files
ARO Files

i P71
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Walar Quality
Beverly Eaves Perdue Coleen H. Suilirs
Governor Director
November 10, 2009
Mark Koone
Thompson Contractors, Inc.
P.O. Box 1268
Rutherfordton, NC 28139
SUBJECT: Notice of Violation
NOV-2009-PC-0902
Thompson Contractors, Inc.
NPDES General Stormwater Permit — NCG020148
.Rutherford County
Response deadline: November 27, 2009
Dee Freeman
Secretary
Dear Mr. Koone:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
November 6, 2009. The facility was found to be non -compliant with permit NCG020148.
The following permit condition violations were noted during the Division of Water Quality
inspection:
1. Best Management Practices Plan
➢ A Stormwater BMP Plan has not been developed and properly implemented.
2. Qualitative Monitoring
➢ Qualitative monitoring has not been conducted and recorded in accordance with permit
requirements.
3. Analytical Monitoring
➢ Analytical monitoring has not been conducted and recorded in accordance with permit
requirements.
4. Secondary Containment
➢ Secondary containment has not been provided for the used oil tank and other storage
containers near the vehicle maintenance building.
Location: 2090 U.S. Highway 70, S,vannanoa, North Carolina 28778 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 North Carolina
Internet: www.ncwaterquality.org ��� i3j���
An Equal Opportunity 1 Affirmative Action Employer

Thompson Contractors, Inc.
November 10, 2009
Page 2 of 3
5. Unauthorized Use of Chemical Flocculants
➢ According to you and your staff a flocculant product called Cat -Floc TL is being
utilized within the non -closed loop process recycle wastewater system.
Required Response
1. Best Management Practices Plan
➢ Development of a BMP Plan is required by the current general stormwater permit.
However, the current permit will renew on January 1, 2010 and will include
modifications; including, the requirement to develop and implement a Stormwater
Pollution Prevention Plan. It is recommended that you comply with the upcoming
permit. This requirement can be fulfilled after the renewal of the NCG020000
permit has been finalized.
2. Qualitative Monitoring
➢ Conduct the required qualitative monitoring immediately to comply with the current
permit.
3. Analytical Monitoring
➢ Conduct the required analytical monitoring immediately to comply with the current
permit.
4. Secondary Containment
➢ Provide secondary containment for the used oil tank and other storage containers near
the vehicle maintenance building as soon as possible to comply with the current
permit.
5. Unauthorized Use of Chemical Flocculants
➢ Discontinue use of Cat -Floc TL immediately to comply with the current permit. Use
of DWQ-approved flocculant products is acceptable. If you desire to utilize the Cat -
Floe TL product, official approval must be sought through DWQ. Contact Cindy Green
at 919-733-3908 or cindy.greennncdenr.-,,ov for more information.
Enclosed is a copy of the Compliance Inspection Report, which contains additional observations
and comments for your reference.

. Contractors, Inc.
,er 10, 2009
3 of 3
Thank you for your attention to these matters. Should you have any further questions or concerns,
please contact Chuck Cranford at [phone] or chuck.cranford c ncdenr.gov for further
assistance.
Sincerely,
r-
Roger Edwards
Regional Supervisor
Surface Water Protection
Enclosure
cc: Central Files
Asheville Files
G:\WPDATA\DEMWQ\Rutherford\Stormwater Mining NCG02\ThompsonContracting\iNOV-2009-PC-0902_ThompsonContracting_11-10-09.doc

Compliance Inspection Report
Permit: NCG020148 Effective: 01/19/05 Expiration: 12/31/09 Owner: Thompson Contractors Inc
SOC: Effective: Expiration: Facility: Thompson Contractors Incorporated -
County: Rutherford Sr 1161 sr 1178 interse
Region: Asheville
Rutherfordton NC 28139
Contact Person: Mark J Koone Title: Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 11/0612009 Entry Time: 10:00 AM Exit Time: 11:00 AM
Primary Inspector: Chuck Cranford Phone:
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Mining Activities Stormwater Discharge COC
Facility Status: ❑ Compliant ®.Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1

Permit: NCG020148 Owner - Facility: Thompson Contractors Inc
Inspection Date: 11/06/2009 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
DWQ staff was met on site by Mark Koone and Danny Seay. A tour was conducted of the facility, observing the
stormwater conveyances, ponds and outfalls, stream and site conditions.
During the visit, it was revealed that the permittee had not developed a BMP Plan as required by the permit nor completed
the required monitoring. Also, as indicated in the permit file, a Notice of Deficiency was issued on April 10, 2006. Within
that NOD, several items; including, development of BMP Plan, evaluation of the flocculant product being used and
implementation of the required inspections and monitoring were noted.
Permit requirements were reviewed as pertaining to the most recent permit version, dated January 19, 2005 and likely
changes to the permit due to renew on January 1, 2010. At the time of the inspection the site was found to be
non -compliant with the permit.
The following items should be pursued:
1. Contaminated soil in the vicinity of the used oil storage area should be removed and disposed properly. Contact the
Division of Waste Management, UST Section for more information.
2. Secondary containment for used motor oil storage should be installed, as required by the permit
3. Discontinue the use of the Cat -Floc TL product. This product has not been approved by DWQ for use in stormwater
facilities. Only polyacrylamide products manufactured by Applied Polymer Systems have been approved. The product list
may be viewed at http://h2o.enr.state.nc.us/ws/documents/MicrosoftWord-Polyacrylamide.pdf. If the facility prefers to use
Cat -Floc TL, it must be approved by DWQ.
4. The design storm discharge characteristics should be calcufated for the final basin in the water treatment train near the
pit and the pond in the vicinity of the scale house. This information must be calculated to determine the monitoring
requirements.
5. Development of a Stormwater Pollution Prevention Plan and implementation of other required practices should be
undertaken as described in the draft edition of the NCG020000 permit, which will be issued on January 1, 2010.
The following items would be beneficial:
1. Covered storage should be provided where possible to reduce or eliminate exposure of stormwater to contaminants.
2. Remove or otherwise shelter unused materials and equipment.
Page: 2

Permit: NCG020148 Owner- Facility: Thompson Contractors Inc
Inspection Date: 11/06/2009 Inspection Type: Compliance Evaluation
Reason for Visit: Routine
Stormwater Pollution Prevention Plan
Yes No
NA
NE
Does the site have a Stormwater Pollution Prevention Plan?
n m
❑
n
# Does the Plan include a General Location (USGS) map?
❑
❑
n
# Does the Plan include a "Narrative Description of Practices'?
n FAn
n
# Does the Plan include a detailed site map including outfall locations and drainage areas?
n IN
n
n
# Does the Plan include a list of significant spills occurring during the past 3 years?
n ®
n
n
# Has the facility evaluated feasible alternatives to current practices?
n I®
n
n
# Does the facility provide all necessary secondary containment?
n
❑
n
# Does the Plan include a BMP summary?
n
n
n
# Does the Plan include a Spill Prevention and Response Plan (SPRP)?
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
n
n
n
# Does the facility provide and document Employee Training?
n
n
n
# Does the Plan include a list of Responsible Party(s)?
n
n
n
# Is the Plan reviewed and updated annually?
n M
n
❑
# Does the Plan include a Stormwater Facility Inspection Program?
❑
rl
n
Has the Stormwater Pollution Prevention Plan been implemented?
n ®n
n
Comment: NCG02 requires a BMP Plan, but the site has not developed one
Qualitative Monitoring
Yes
No
NA
NE
Has the facility conducted its Qualitative Monitoring semi-annually?
n
®
n
n
Comment: No monitoring forms completed.
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?
f]
In
❑
01
Comment: No monitoring completed.
Permit and Outfalls
Yes
No
NA
NE
# Is a copy of the Permit and the Certificate of Coverage available at the site?
®n
n
# Were all outfalls observed during the inspection?
W
❑
n
n
# if the facility has representative outfall status, is it properly documented by the Division?
n
In
®
o
# Has the facility evaluated all illicit (non stormwater) discharges?
n
n
❑
m
Comment: No COC available.
Page:3

a•®
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 10, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED — 7007 1490 0004 0713 8700
Darlene Hicks
Town of Elk Park
Post Office Box 248
Elk Park, North Carolina 28622
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 PermitNCO079561
Town of Elk Park
Elk Park WWTP
Case No. LV-2009-0399
Avery County
Dear Mayor Hicks:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $176.00
($125.00 civil penalty + $51.00 enforcement costs) against Town of Elk Park.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Town of Elk Park for the month of July 2009. This review
has shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NC0079561. The violations which occurred in July 2009
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Elk Park violated the
terms, conditions or requirements of NPDES Permit NCO079561 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make_ the following civil penalty assessment
against Town of Elk Park:
SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778
Phone: [phone]\FAX: [phone]\Customer Service: 1-877-623-6748
Internet: www.newaterguality.org

I of the 1 violations of G.S. 143-215. 1 (a)(6) and NPDES Permit No.
$125.00 NC0079561, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N - Cone.
$125.00 TOTAL CIVIL PENALTY
$51.00 Enforcement Costs
$176.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be

considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.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

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 Pem1y 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 Keith Haynes of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
ATTACHMENTS
cc: Regional Supervisor w/ attachments
n orcement File w attachments --
Central Files w/ attachments

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2009-0399 County: Avery
Assessed Party: Town of Elk Park
Permit No.: NC0079561 Amount Assessed: $176.00
Please use this form when requesting remission of this civil. penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF Avery
Town of Elk Park
IN THE MATTER OF ASSESSMENT ) WAIVED OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
Elk Park WWTP ) STIPULATION OF FACTS
PERMIT NO. NCO079561 ) FILE NO. LV-2009-0399
Having been assessed civil penalties totaling $176.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 10, 2009, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the
day of
SIGNATURE
ADDRESS
TELEPHONE
20

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 10, 2009
Charles Rogers
Highland Forest Partners, LLC
684 St. Andrews Road
Waynesville, North Carolina 28786
James W. Kirkpatrick III
Highland Forest Partners, LLC
37 Branner Avenue
Waynesville, North Carolina 28786
Highland Forest Partners, LLC
165 Bankstown Road
Brooks, Georgia 30205
Subject: Request for More Information
401 Water Quality Certification
Highland Forest Subdivision
DWQ Project # 2009 - 0577
Haywood County
Response deadline: December 14, 2009
Dear Sirs:
The Division of Water Quality (DWQ) has performed a preliminary review of the 401 Water Quality
Certification revised application (dated July 2, 2009) and supporting information submitted with the response to
the Notice of Violation (dated September 22, 2009) 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 revised application and supporting information were submitted in response to the Notice of
Violation and Recommendation for Enforcement dated June 18, 2009. A follow-up meeting was
held July 9, 2009 with the Army Corp of Engineers staff, Wildlife Resources staff, your
consultants, and DWQ staff. In order to resolve the issue of the improperly installed culverts,
Location: 2090 U.S. Highway70, Swannanoa, North Carolina 28778 one
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
NorthCarolina
Internet: www.ncwaterquality.org
aaturallly
An Equal Opportunity 1 Affirmative Action Employer

Highland Forest Partners, LLC
November 6, 2009
Page 2 of 3
step pool structures were proposed at culverts 16 and 17. DWQ is amenable to this solution in
lieu of replacement of these culverts, provided plans and specifications are submitted (see Note
2). Also discussed during the meeting was the possibility of a bridge replacement for culvert #1.
The DWQ understands that Highland Forest prefers not to reinstall the culvert or replace the
culvert with a bridge, due to the impracticality at that site. However, DWQ concurs with
recommendations of Wildlife Resources that a step -pool structure (similar to those at culverts 16
and 17) be placed at culvert 1 to rectify the improper placement. Please provide information
detailing a step pool structure at culvert 1.
2. Please provide plans and specifications to insure that the step pool structures are adequately
placed to maintain recommended water depth to allow aquatic life passage during base flow
(with baseflow routed through a single culvert). Wildlife Resources recommends a minimum
pool depth of 1.5 feet, with an elevation difference between water and structure not to exceed 1.5
to 2 feet. The plans and specifications should also include recommended rock size for the step
pools, along with shear stress calculations to ensure long term stability of the structures.
As part of resolution of the Notice of Violation, an as -built report shall be submitted upon
completion of the step pool structures, along with a 6 month report, and annually thereafter for a
5 year period upon completion of the structures.
4. Regarding the revised 401 application (dated July 2, 2009), Part C.2.a., the wetland impacts
should be clearly referenced (i.e., correspond the site reference to the site plan) for review.
5. The Impact Table attached to the application is unclear regarding the total project impacts. r
Please review the calculations for that table. It appears that 142 linear feet was previously
permitted, and an additional 31 LF needs to be added (at different sites, with existing and future
impacts which need to be permitted, etc.) for a total impact of 173 LF. Mitigation may be
necessary if this is the case. This is the DWQ's understanding of the table provided — please
clarify if you believe this to be incorrect.
6. Part E.3.b. requires a stormwater management plan approval from Haywood County (based on
the Phase II stormwater requirements). Please provide information regarding the status of this
approval. The entry building does not appear to conform with the setback requirements of 30
feet.
7. With revision of the application — Part F.2.a. should be corrected.
Please provide your response in writing to the addresses below prior to December 14, 2009. Four copies of the
required information should be provided to the 401 Permitting Unit at:
Ms. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
and a single copy to the Asheville Regional Office at:

artners, LLC
J09
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 828-296-4500, if you have any
questions.
Sincerely,
yap
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
^c: Lori Beckwith, US Army Corps of Engineers
David McHenry, NC Wildlife Resources Commission
ARO File Copy
Jennifer Robertson, Wetland and Natural Resource Consultants
Haywood County Planning
G:\WPDATA\DEMWQ\Haywood\401s\Highland Forest 09-0577\Highland Forest Addlnfo 11 2009.doc

Ad "I
CDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 12, 2009
Mr. J. B. Setzer, P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva, North Carolina 28779
Subject: Inspection -US Highway 64
DWQ Project 08-0396
TIP No. A-0011 BB
Clay County
Dear Mr. Setzer:
Dee Freeman
Secretary
On October 21, 2009, I inspected the construction work on US Highway 64 in Clay County and the project
appeared to be in good shape. Construction work consists of heavy grading. The erosion and sedimentation
control structures, vegetative covering, and matting appear to be working properly.
Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and
mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached
to this letter.
If you have questions, please call me at 828-296-4500.
Sincerely, �, d
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: W. Trent Anderson
Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
Transportation Permitting Unit
Niki Maher, NPS Assistance and Compliance Oversight Unit
Mike Parker, Asheville Regional Office
(Setzer) US Highway 64 Inspection Letter October 2009
St 1RFA .E WATER PROTE .TION SECTION -Asheville Regional Office ��_ �n�.
® 2090 U.S. 70 Highway, Swannanoa, NC 28778-8211
Phone: [phone] FAX: [phone] �TOne 7
Customer Service: 1-877-623-6748 iv ofthCarolina
Internet: www.ncwaterpuality.orq ���uf,N� s/`��
An Equal Opportunity 1 Affirmative Action Employer

DWQ Site Visits for DOT Proiects
Field Sheet
DWQ representative: Michael R. Parker Date: 10ctober 21, 2009
County: Clay Region: I Asheville
DOT Division: Division 14
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 08-0396 NW Permit #:� IP #:
Project Name: US Highway 64 Widening A-0011 BB
Location of Project:
U S 64 from east of Hiwassee River to east of NC Highway 175 in Clay County
Project Complete: ❑Yes X No
Activities (DOT):
❑ Bridge
X❑ Culvert
❑ Bottomless Culvert
❑ Bottomless Arch
X❑ Riprap Inlet/Outlet Stabilization
❑ Spoil Pile
❑ Borrow Pit
❑ Wetland Mitigation
❑ Stream Restoration
❑ On -site Stream Relocation
❑ Buffer Restoration
X❑ Bank Stabilization
❑ Other
If no, estimated date of completion:
Water Oualitv Concerns (DW
❑ Steam Standards Violation
X❑ Turbidity
❑ Evidence of spills
❑ Oil/Petroleum
❑ Solid Waste
❑ Failed E & S control measures
X❑ Sedimentation Impacts
❑ Stormwater Permit Violation
X❑ Fill
❑ Buffer Impacts (see below)
Other
Additional Wetland Impacts: ❑ yes X❑ no Estimated Acres
❑ Zone 1 Est Acres ❑ Zone 2 Est Acres
Additional Stream Impacts: ❑ yes X❑ no Est Linear feet
Estimated linear feet of impact:
Buffer Impacts: ❑Neuse ❑Tar -Pam ❑Randleman ❑Catawba
Zone 1: ❑Yes ❑No Est linear ft/ acreage of buffer impact ac
Zone 2: ❑Yes ❑No Est linear ft/ acreage of buffer impact ft/ ac
❑A-11 gatimr miribited

Name of Waterway(s)
Basin/ Subbasin:
DWO Site Visits for DOT Projects
Background Info
Downing Creek, John Reese Branch, Byers Branch, Chatuge Lake and
unnamed tributaries to Hiwassee River
Hiwassee 040501
Wetland Type: ❑Isolated x❑Non-Isolated (Waters of US)
Stream Class: X❑Class B
X❑Class C
❑HQW
0303d Listed ❑WS-II
❑ORW ❑Trout
❑WS-I ❑WS-IV
❑WS-V
❑SB
❑WS-III
❑NSW
❑SA
❑CA
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
[]Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts:
Authorized Stream Impacts:
Additional comments:
X❑0 — 1/10th acre ❑1/11`h to 1/3`d acre
❑ 1/3`d to 1.0 acre ❑> 1.0 acre
❑< 150 linear feet X❑> 150 linear feet
Reviewed project with DOT staff. Pipe and culvert installation is complete. Grading is continuing with new
areas under construction. Sediment and erosion control structures appear to be working properly. Seeding
and/or matting should be performed as areas are graded.
Some slope and bare areas need to be seeded. Continue to maintain erosion control devices and continue with
seeding and matting as required to protect State surface waters.
US Highway 64 Inspection October 2009

A'
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 12, 2009
Mr. J. B. Setzer, P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva, North Carolina 28779
Subject: Inspection-NCSR 1102
Pearson Falls Road
DWQ Project 08-1020
TIP No. B-4239
Polk County
Dear Mr. Setzer:
Dee Freeman
Secretary
On November 5, 2009, I inspected the construction work at the new bridge site on NCSR 1102, Pearson Falls
Road in Polk County. Construction work appears to be going well. Both of the new MSE walls are almost
complete. Rip rap has been placed at the base of each MSE wall. The erosion and sedimentation control
structures, vegetative covering, and matting appear to be working properly.
Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and
mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached
to this letter.
If you have questions, please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Aaron Powell
Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
Transportation Permitting TJnit
Niki Maher, NPS Assistance and Compliance Oversight Unit
Mike Parker, Asheville Regional Office
(Setzer) NCSR 1102 Inspection Letter November 2009
S RFAGE WATER PROTE TION ;E( TION —Asheville Reg[pnal Offi .e a
2090 U.S. 70 Highway, Swannanoa, NC 28778-8211
Phone: [phone] FAX: [phone] One
Customer Service: 1-877-623-6748 NorthCarolina
�`t
Internet: www.ncwaterauality.orq !+�
An Equal Opportunity \ Affirmative Action Employer NatiL``N

DWQ Site Visits for DOT Projects
Field Sheet
DWQ representative: Michael R. Parker Date: November 5, 2009
County: Polk Region: Asheville -�
DOT Division: Division 14
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 08-1020 = NW Permit #:1 - 1 IP #:
Project Name: NCSR 1102 Pearson Falls Road B-4239
Location of Project:
From NC 176 in Saluda travel south on NCSR 1102, Pearson Falls Road, approximately
1 mile to the new bridge site
Project Complete: ❑Yes X No
Activities (DOT):
X❑ Bridge
X❑ Culvert
❑ Bottomless Culvert
Bottomless Arch
X❑ Riprap Inlet/Outlet Stabilization
❑ Spoil Pile
❑ Borrow Pit
❑ Wetland Mitigation
n Stream Restoration
❑ On -site Stream Relocation
❑ Buffer Restoration
❑ Bank Stabilization
❑ Other
If no, estimated date of completion:
Water Oualitv Concerns (DW
❑ Steam Standards Violation
X❑ Turbidity
Evidence of spills
❑ Oil/Petroleum
❑ Solid Waste
❑ Failed E & S control measures
X❑ Sedimentation Impacts
❑ Stormwater Permit Violation
X❑ Fill
❑ Buffer Impacts (see below)
❑ Other
Additional Wetland Impacts: ❑ yes X❑ no Estimated Acres
❑ Zone 1 Est Acres ❑ Zone 2 Est Acres
Additional Stream Impacts: ❑ yes X❑ no Est Linear feet
Estimated linear feet of impact:
Buffer Impacts: ❑Neuse ❑Tar -Pam ❑Randleman ❑Catawba
Zone 1: ❑Yes ❑No Est linear ft/ acreage of buffer impact ft/ ac
Zone 2: ❑Yes ❑No Est linear ft/ acreage of buffer impact ft/ ac

Name of Waterway(s):
DWQ Site Visits for DOT Proiects
Background Info
North Pacolet River
Basin/ Subbasin: Broad 030501
Wetland Type: ❑Isolated ❑Non -Isolated (Waters of US)
Stream Class: ❑Class B
❑303d Listed ❑WS-II
❑WS-V ❑SB
X❑Class C
❑ORW X❑Trout
❑WS-III ❑NSW
❑HQW
❑WS-I ❑WS-IV
❑SA ❑CA,
Type of Authorized Impact:
X❑Culvert
❑Bottomless Culvert
X❑Bridge
❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: ❑0 - 1/101" acre ❑ 1/11" to 1/3`d acre
❑ 1/3`d to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: X❑< 150 linear feet ❑> 150 linear feet
Additional comments:
Reviewed project with DOT staff. Construction is underway on both end bents with both MSE walls almost
complete. Sediment and erosion control structures appear to be working properly. Seeding and/or matting
should be performed as needed. Rip rap has been placed at the base of both MSE walls.
Maintain erosion control devices and continue with seeding and matting as required to protect State surface
waters.
, NCSR 1102 Pearson Fails Road Inspection November 2009
r

A'
CDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 12, 2009
Mr. Mike Pettyjohn, P.E.
Division Engineer
N.C. Department of Transportation
Post Office Box 250
North Wilkesboro, North Carolina 28659
Subject: Inspection
NCSR 1328 (Playmore Beach Road)
DWQ Project No. 080372
TIP No. B-3624
Caldwell County
Dear Mr. Pettyjohn:
On October 28, 2009, I visually inspected the construction work at Bridge No. 190 at the Johns River in
Caldwell County. The erosion and sedimentation control structures, vegetative covering, mulching and
matting appear to be working properly.
Dee Freeman
Secretary
Continue to ensure that all sediment and erosion control structures are maintained and that seeding and
mulching are performed as needed to protect downstream waters. Please refer to the attached inspection report
for additional comments and recommendations.
If you have questions, please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Heath Slaughter, Division 11, DEO
Neil Trivette, Roadside Environmental
Transportation Permitting Unit
Niki Maher, NPS Assistance and Compliance Oversight Unit
Mike Parker, Asheville Regional Office
(Pettyjohn) B-3624 October 2009 Inspection
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 One
Internet: www.ncwaterqualit .org North.Catrofiin.a
An Equal Opportunity 1 Affirmative Action Employer Aa all y

DWQ Site Visits for DOT Projects
Field Sheet
DWQ representative: Michael R. Parker Date: October 28, 2009
County: Caldwell Region: Asheville
DOT Division: Division 11
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #:�� NW Permit #:� IP #: 3481
Project Name: B-3624 Bridge Replacement
Location of Project:
NCSR 1328 Smiles southwest of Lenoir, NC
Project Complete: ❑Yes X No
Activities (DOT):
X❑ Bridge
❑ Culvert
❑ Bottomless Culvert
❑ Bottomless Arch
X❑ Riprap Inlet/Outlet Stabilization
❑ Spoil Pile
❑ Borrow Pit
❑ Wetland Mitigation
❑ Stream Restoration
❑ Buffer Restoration
❑ Bank Stabilization
❑ Other
If no, estimated date of completion:
Water Quality Concerns (DWQ):
❑ Steam Standards Violation
X❑ Turbidity
❑ Evidence of spills
❑ Oil/Petroleum
❑ Solid Waste
❑ Failed E & S control measures
X❑ Sedimentation Impacts
❑ Stormwater Permit Violation
❑ Fill
❑ Other
Additional Wetland Impacts: ❑ yes X❑ no
❑ Zone I Est Acres
Additional Stream Impacts: ❑ yes X❑ no
Estimated linear feet of impact: I
Estimated Acres
❑ Zone 2 Est Acres
Est Linear feet
Buffer Impacts: ❑Neuse ❑Tar -Pam ❑Randleman ❑Catawba
Zone l : ❑Yes ❑No Est linear ft/ acreage of buffer impact ft/ ac
Zone 2: ❑Yes [-]No Est linear ft/ acreage of buffer impact ft/ ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited

Name of Waterway(s):
DWO Site Visits for DOT Projects
Background Info
Johns River
Basin/ Subbasin: CTB-030831
Wetland Type: ❑Isolated ❑Non -Isolated (Waters of US)
Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB
X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW
❑HQW ❑WS-I ❑WS-IV ❑SA FICA
Type of Authorized Impact: ❑Culvert ❑Bottomless Culvert
X❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: 00 — 1/101h acre X❑1/11`h to 1/3`d acre
❑ 1/3`d to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: X❑< 150 linear feet ❑> 150 linear feet
Additional comments:
Compliance Issues Identified: ❑Yes X❑ No
Compliance issues identified: ❑Yes ❑No
If yes, complete the section below:
Reviewed project site and sediment and erosion control devices. Bridge work almost
complete. Grading contractor started to work on approach areas.
Sediment and erosion control structures appear to be installed and working properly.
Continue to maintain sediment and erosion control structures to protect state surface waters.
Project appears to be in good shape.

CDEN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 12, 2009
Mr. Mike Pettyjohn, P.E.
Division Engineer
N.C. Department of Transportation
Post Office Box 250
North Wilkesboro, North Carolina 28659
Subject: Inspection
US Highway 321
DWQ Project No. 041246
TIP No. R-2237B
Caldwell County
Dear Mr. Pettyjohn:
Dee Freeman
Secretary
On October 28, 2009, I visually inspected the construction work on US Highway 321 in Caldwell County and
the project appeared to be in good shape. Construction work is mainly taking place at the southern end of the
project. The erosion and sedimentation control structures, vegetative covering, mulching and matting appear
to be working properly.
Continue to ensure that all sediment and erosion control structures are maintained and that seeding and
mulching are performed as needed to protect downstream waters. Please refer to the attached inspection report
for additional comments and recommendations.
If you have questions, please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Frank Gioscio, P.E.
Heath Slaughter, Division 11, DEO
Neil Trivette, Roadside Environmental
Transportation Permitting Unit
Niki Maher, NPS Assistance and Compliance Oversight Unit
Mike Parker, Asheville Regional Office
(Pettyjohn) US Highway 321 October 2009 Inspection
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 1�7One 1
Internet: www.newaterquality.org NOrthCal ollna
An Equal Opportunity 1 Affirmative Action Employer Adifi "lif

DWQ Site Visits for DOT Proiects
Field Sheet
DWQ representative: Michael R. Parker Date: October 28, 2009�
County: Caldwell Region: Asheville
DOT Division: Division 11
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 1 NW Permit #:IP #: 1 3481
Project Name: US Highway 321 Widening
Location of Project:
US 321 North of Lenoir to South of Blowing Rock, NC
Project Complete: ❑Yes X No
Activities (DOT):
❑ Bridge
X❑ Culvert
❑ Bottomless Culvert
❑ Bottomless Arch
X❑ Riprap Inlet/Outlet Stabilization
❑ Spoil Pile
Borrow Pit
Wetland Mitigation
❑ Stream Restoration
❑ Buffer Restoration
❑ Bank Stabilization
X❑ Other
If no, estimated date of completion:
Water Quality Concerns (DWQ):
❑ Steam Standards Violation
X❑ Turbidity
❑ Evidence of spills
❑ Oil/Petroleum
❑ Solid Waste
❑ Failed E & S control measures
X❑ Sedimentation Impacts
❑ Stormwater Permit Violation
❑ Fill
❑ Other
Additional Wetland Impacts: ❑ yes X❑ no
❑ Zone 1 Est Acres
Additional Stream Impacts: ❑ yes X❑ no
Estimated linear feet of impact: I
Buffer Impacts:
Zone 1:
Zone 2
❑Neuse
❑Yes ❑No
❑Yes ❑No
Buffer Designation: ❑Exempt
Estimated Acres
❑ Zone 2 Est AcresC-�
Est Linear feet
❑Tar -Pam ❑Randleman ❑Catawba
Est linear ft/ acreage of buffer impactl ft/ ac
Est linear ft/ acreage of buffer impact I ft/ ac
❑Allowable ❑Allowable w/mitigation ❑Prohibited

Name of Waterway(s):
DWO Site Visits for DOT Projects
Background Info
Rocky Cove Creek, Greenfield Branch, unnamed tributary to Puncheon
Camp Creek, unnamed tributary to Right Fork Mulberry Creek,
unnamed tributary to Left Fork Mulberry Creek
Basin/ Subbasin: CTB-030831 Yadkin-030701
Wetland Type: ❑Isolated x❑Non-Isolated (Waters of US)
Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB
X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW
❑HQW ❑WS-I X❑WS-IV ❑SA ❑CA
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: ❑0—1/10th acre X❑ 1/11`h to 1/3`d acre 0.16 acres
❑1/3rd to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet
Additional comments:
Compliance Issues Identified: ❑Yes X❑ No
Compliance issues identified: ❑Yes ❑No
If yes, complete the section below:
Looked at entire project. Most work is taking place at the southern ends of the project. Some
other minor fill such as shoulder work and grading are taking place along the rest of the
project.
Please continue to monitor the steep slope and blasting at the southern end of the project.
Steep slopes and sediment could pose aproblem if not properly controlled. The area along
NCSR 1370 (Kirby Mountain Road) appears to be stable at the present time. This area should
be watched carefully and additional sediment and erosion measures may be required.
Continue to maintain sediment and erosion control structures to protect state surface waters
10-28-09 US 321 Inspection Report

ALT4
a � a�.._"k
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 12, 2009
Mr. Mike Pettyjohn, P.E.
Division Engineer
N.C. Department of Transportation
Post Office Box 250
North Wilkesboro, North Carolina 28659
Subject: Stormwater Inspection
US Highway 321
DWQ Project No. 041246
TIP No. R-2237B
Caldwell County
Dear Mr. Pettyjohn:
Dee Freeman
Secretary
On October 28, 2009, I conducted a stormwater inspection for the US Highway 321 construction project in
Caldwell County. The rainfall data and erosion control records appear to be maintained in good order. Mr.
Dennis Lawson is doing a good job in keeping up with this information.
Continue to ensure that these records are maintained during the life of the project. Please refer to the attached
inspection report for additional comments and/or recommendations.
If you have questions, please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Frank Gioscio, P.E.
Heath Slaughter, Division 11, DEO
Neil Trivette, Roadside Environmental
Transportation Permitting Unit
Niki Maher, NPS Assistance and Compliance Oversight Unit
Mike Parker, Asheville Regional Office
(Pettyjohn) US Highway 321 October 2009 Stormwater Inspection
Phone: [phone] FAX: [phone] Customer Service:1-877-623-6748 One
Internet: www.ncwaterquality.org North Carolina
An Equal Opportunity 1 Affirmative Action Employer Aahmallil

FO1'sm A June 200
Si a /rasa ci on foam- Consffrlcf,'flra fvr;�tyvafe�r f�ar:rif 1'i�'L7 i�'trtai;'fOurG
Site Name:
DWO 1RO:
Inspector:
Location:
2. County: (A2)
3. Basin: (.43)
4. Location description: (M)
7. Land disturbance dun to construction/ development?
8. On -site represents
Name(s)
Title($).
Employer(s)
1. Doi'/O Inspection date: (A,!)
5. Stream: (A6)
6. Class: (A6)
[Topographical victhi map of site is at ached for case file]
tive available durin inspection?
9. Erosion and Sedimentation Control Plan Part 1. Section A: trio. 2,
Is a copy of the approved plan on site and available for review?
10. Rain Gauge ( Part 1. Section B. No. 1.)
Is a rain gauge present on the site at the time of inspection?
11. Main Gauge Data ( Part 1. Section B. No. 1.).
Woek 2 Date
Amount.
12. f0inimurn Monitoring & Record Keejing (art 1. Section B. No. 3.1
Are inspection records of erosion & sedimentation control facilities complete & available on request?
(Al2) ;wa r No
Dates of documented ms ections during the past 14 da
Week 1
Week 2.1"°ll'3 <f 4?
Not
F7ln ected'
13. Sedimentation impacts to waters. 14. Linear It of stream impacts
Typical range of sediment depth: (A19a)( fe - (Al 4)
fvlaximum depth of sediment: (A13b)
15. Photo Documentation: Were photos taken? (A16)
Photos (1. impacted water, 2. sedimentation depths, 3. sediment control measures, and 4. un•impacted upstream waters)
and sketch/map of s ,he,•e photos were taken are attached for case file
' Project personnel not available during DWO site inspection
1-4
9. Erosion and Sedimentation Control Plan Part 1. Section A: trio. 2,
Is a copy of the approved plan on site and available for review?
10. Rain Gauge ( Part 1. Section B. No. 1.)
Is a rain gauge present on the site at the time of inspection?
11. Main Gauge Data ( Part 1. Section B. No. 1.).
Woek 2 Date
Amount.
12. f0inimurn Monitoring & Record Keejing (art 1. Section B. No. 3.1
Are inspection records of erosion & sedimentation control facilities complete & available on request?
(Al2) ;wa r No
Dates of documented ms ections during the past 14 da
Week 1
Week 2.1"°ll'3 <f 4?
Not
F7ln ected'
13. Sedimentation impacts to waters. 14. Linear It of stream impacts
Typical range of sediment depth: (A19a)( fe - (Al 4)
fvlaximum depth of sediment: (A13b)
15. Photo Documentation: Were photos taken? (A16)
Photos (1. impacted water, 2. sedimentation depths, 3. sediment control measures, and 4. un•impacted upstream waters)
and sketch/map of s ,he,•e photos were taken are attached for case file
' Project personnel not available during DWO site inspection
1-4

Beverly Eaves Perdue
Governor
� e
�►� a�sa
NCDEN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
November 12, 2009
Jackson County
DWQ Project No. 091153
TIP R-5202, NC Highway 107
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. J.B. Setzer, P.E.
Division 14 Engineer
N C Department of Transportation
253 Webster Road
Sylva, North Carolina 28779
Dear Mr. Setzer:
Dee Freeman
Secretary
You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in
two (2) unnamed tributaries to Hurricane Creek for the purpose of widening and making safety improvements to NC
Highway 107 in Jackson County:
Stream Imnacts in the Little Tennessee River Basin
Site
Permanent
Streambank
Permanent Fill in
Temporary
Total Stream
Stream
I
Fill in
Stabilization in
Perennial Stream
Dewatering in
Impact
Impacts
Intermittent
Perennial Stream
(linear ft)
Perennial Stream
(linear ft)
Requiring
Stream
(linear ft)
(linear ft)
Mitigation
linear ft
linear ft
Site 1
8
0
0
129
137
0
Site 2
0
0
20
115
135
0
Total
1 8
1 0
1 20
1 244
1 272
1 0
Total Permanent Stream Impacts for Project: 20 linear feet. Total Intermittent Stream Impacts for Project:
8 linear feet. Temporary Stream Impacts for Project: 244 linear feet.
The project should be constructed in accordance with your application dated October 26, 2009 (received October 28,
2009), including the environmental commitments made in the application letter. After reviewing your application, we
have decided that these impacts are covered by General Water Quality Certification No. 3704, 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 NCDWQ 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.
CI IREAr.P IAIATFR QPQT9:rT10N CFr'TIQg ffi—
2090 U.S. 70 Highway, Swannanoa, NC 28778-8211
Phone: [phone] FAX: [phone]�TtIlOne 1
Customer Service:1-877-623-6748 1vo Carol.111a.
Internet: www.ncwaterauality.org �1J/
An Equal Opportunity 1 Affirmative Action Employer AaAlralw

Mr. J.B. Setzer, P.E.
November 12, 2009
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.
?. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall
be removed and the natural grade restored upon completion of the project.
3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to protect surface waters
standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act.
4. The permittee shall use /Design Standards in Sensitive Watersheds/[15A NCAC 413.0124(a)-(e)] in areas draining to
High Quality Waters and Trout Waters. However, due to the size of the project, NC DOT shall not be required to meet
15A NCAC 413 .0124(a) regarding the maximum amount of uncovered acres. Temporary cover (wheat, millet, or
similar annual grain) or permanent herbaceous cover shall be planted on all bare soil within 15 business days of
ground disturbing activities to provide erosion control. Coir fiber matting shall be used in conjunction with
appropriate seeding on disturbed soils involving steep slopes in riparian areas, and should be secured in place with
staples and wherever possible include installation of live stakes of native trees.
Straw mulch and tall fescue shall not be used in the establishment of temporary or permanent groundcover within
riparian zones. Coir fiber matting shall be used in conjunction with appropriate seeding for the establishment of
permanent herbaceous cover on disturbed soils within the riparian area. Hydro seeding along with wood or cellulose
based hydro mulch applied from a fertilizer and limestone free tank is allowable at the appropriate rate for the
establishment of temporary groundcover within riparian zones. Discharging hydroseed mixtures and wood or
cellulose mulch into surface waters is prohibited. Riparian areas are defined as a distance 25 feet landward from top
of stream bank.
5. In -stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout spawning
season of October 15 through April 15 to protect the egg and fry stages of trout.
6. Unless otherwise approved in this certification, placement of culverts and other structures in waters, streams, and
wetlands shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than
48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow
passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion
control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence r
that the equilibrium is being maintained if requested in writing by NCDWO 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.

. B. Setzer, P.E.
.,vember 12, 2009
Wage Three
6. If multiple pipes or barrels are required, they shall be designed to mimic natural .stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream
channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water
velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage.
7. Riprap 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.
8. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent
practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for
maintaining the stream bank stability. Any applicable riparian buffer impact for access to the stream channel shall be
temporary and revegetated with native riparian species.
9. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High
Quality Waters (HQW) or Water Supply I or II (WS-I, WS-II), stormwater shall be directed to vegetated buffer areas,
grass -lined ditches or other means appropriate to the site for the purpose of pre -treating stormwater runoff prior to
discharging directly into streams. Mowing of existing vegetated buffer areas is strongly discouraged.
10. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and
red maple) must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
11. 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. 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.
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. 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.
14. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization
shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
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. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
20. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
21. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization
shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the
fencing are prohibited unless otherwise authorized by this certification.
22. 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 NCDOT Division
Engineer and the on -site project manager.

Mr. J.B. Setzer, PE
November 12, 2009
Page Four
23. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules,
regulations or ordinances that may be imposed by other government agencies (i.e. local, state and federal) having
jurisdiction, including but not limited to applicable buffer rules, Stormwater management rules, soil erosion and
sedimentation control requirements, etc.
24. The permittee 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 or Federal law. If NCDWQ determines that such standards or laws are not being
met (including failure to sustain a designated or achieved use) or that State of Federal law if being violated, or that
further conditions are necessary to assure compliance, NCDWQ may reevaluate and modify this certification
25. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
26. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of
Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd., Suite 250, Raleigh, North Carolina 27604.
If you do not accept any of the conditions of this certification, 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 the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
David Baker, USACE, Asheville Field Office
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
091153 (Setzer) NC Highway 107 Safety Improvements

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
November 13, 2009
Mr. Neil Carpenter, District Manager
Maggie Valley Sanitary District
Post Office Box 1029
45 Water Plant Road
Maggie Valley, North Carolina 28751
Dear Mr. Carpenter:
I am writing to express my support for the Campbell Creek Watershed Forest Legacy Project.
This is a wonderful opportunity for Maggie Valley Sanitary District, Haywood County, and
Western North Carolina. As the state experiences growth in the western mountains it also loses
natural resources. This project, when completed, will help protect and preserve approximately
4200 acres along with the associated streams and tributaries in this drainage basin.
In preserving Campbell Creek Watershed, Maggie Valley Sanitary District is not only protecting
pristine waters but protecting a vast amount of unique mountain natural resources. To name a
few of these resources- Southern Appalachian Brook Trout whose habitat is being lost to land
development, Southern Appalachian Spruce -Fir forest, and the black bear, white tail deer, and
elk habitats, which require large tracts of land. This watershed protection will also provide
enhancement of the view shed of the Blue Ridge Parkway. These natural resources likely cannot
be regained, rehabilitated, or restored at the cost it takes to preserve them should they be lost to
development.
The protection of Campbell Creek Watershed provides a necessary supply of pristine water as a
potable water source for the Maggie Valley Sanitary District. This project protects the seeps,
springs, and head waters which allow Campbell Creek to be a pristine waterway. This protection
insures that downstream water quality remains of higher quality than if this land track were lost
to development.
This project will also reduce the number of potential point source and non -point source
discharges in the watershed simply through protection. If no development is allowed in the
watershed, wastewater treatment systems will not be permitted(both point source and land
based). Impervious surface will not increase, resulting in better groundwater recharge and lower
scouring velocities in stream channels.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 NorthCarohna
Phone: [phone]M FAX: [phone] Customer Service:1-877-623-6748 N� //�
Internet: www.ncwaterquality.org �atuL l
An Equal Opportunity 1 Affirmative Action Employer

Page 2
Campbell Creek Watershed
November 13, 2009
In summary, the Asheville Regional Office, Surface Water Protection Section, fully supports the
preservation of the Campbell Creek Watershed through the Forest Legacy Program.
Sincerely,
Roger C. Edwards, Regional Supervisor
Asheville Regional Office
Surface Water Protection
NC Division of Water Quality

AF I'
WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
November 16, 2009
William M. Shephard
Highlands Vistas
44 North Pine Circle
Belleair, FL 33756
SUBJECT: Notice of Violation Response and Sediment Removal Plan Approval
Highlands Vistas
DWQ Tracking Number: NCR001871
NOV-2009-PC-0754
Macon County
Dear Mr. Shephard:
The Division of Water Quality has received a Sediment Removal Plan from Goldie and Associates
in response to the NOV noted above. The proposal includes the removal of sediment from an
unnamed tributary to Big Creek and the headwaters of an in -line pond downstream of the
development site.
The remedial actions presented in the response along with certain additional information requested
by this office regarding control of turbidity and sediment during completion of the work have been
found satisfactory and are approved.
Activities involved in this approved plan, as well as submittal of the final report, are to be
completed within thirty (30) days of this approval letter.
Sincerely,
�,.
Chuck Cranford
Environmental Specialist
Surface Water Protection
cc: ARO File Copy
DWQ Central Files
Goldie and Associates (e-copy)
Matt Mason — Macon County (e-copy)
G:\WPDATA\DEMWQ\Macon\Stormwater Construction NCGO1\HighlandsVista\SedRemovalApproval_l 1-16-09.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE IOne
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 NorthCarollna
Phone: [phone]\ FAX: [phone] Customer Service: 1-877-623-6748 f/yr /r
Internet: www.ncwaterquality.org Natz a1`Y
An Equal Opportunity \ Affirmative Action Employer

A•WVVA
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
November 16, 2009
Mr. Jon Wise, Project Director
Duke Energy Carolinas, LLC
EC I IX/ P.O. Box 1006
Charlotte, NC 28201-1006
Division of Water Quality
Coleen H. Sullins Dee Freeman
Director Secretary
Subject: Bridgewater Hydroelectric Facility
Linville River/UT Catawba River (below Linville Dam) Cooling Water
Reference NPDES No. NCG500102
Burke County
Dear Mr. Wise:
11he Division of Water Quality (Division) has reviewed Duke Energy's proposal to use a portion of Linville
River (discharge below Linville dam) to provide cooling water for the new powerhouse, as needed. This
portion of Linville River is classified as WS-IV, Trout, as it takes on the classification of the downstream water
body, the Catawba River. Duke Energy originally submitted this proposal September 13, 2009 and additional
information/clarification was submitted November 13, 2009.
The Division understands that Duke Energy will extract no more than 10% of the flow during the term of the
project, which is projected to last approximately twelve months. The extracted water will then be used as
noncontact cooling water to assist in cooling the concrete for the new powerhouse. Duke Energy plans to
comply with the temperature standard for classified Trout waters, as specified by 15A NCAC 213 .0211(3)0),
"the temperature for trout waters shall not be increased by more than 0.5 degrees C (0.9 degrees F) due to the
discharge of heated liquids, but in no case to exceed 20 degrees C (68 degrees F)." To ensure compliance with
this standard, Duke Energy will sample for temperature upstream and downstream of the cooling water
discharge on a daily basis (upstream at the existing powerhouse, downstream at the Powerhouse Road Bridge).
Duke Energy shall report this daily data to the Division on a weekly basis during the first month of discharge,
and monthly thereafter. Should data demonstrate continued compliance with the temperature standard, Duke
Energy may request a reduction in the monitoring.
If at any time during this short term project Duke Energy is noncompliant with the temperature requirement, or
if aquatic life is adversely affected, the discharge of the noncontact cooling water shall cease until corrective
measures are taken.
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
Nne
otth.Carolin.a

Mr. Wise
November 16, 2009
Page 2 of 2
The Division approves the non -contact cooling water discharge, provided the stipulations above are met.
Should you have further questions or comments, please contact Susan A. Wilson at (828) 296 — 4500.
Sincerely,
F ,r
j
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
CC' Central Files
ARO File copy
G:\WPDATA\DEMWQ\Burke\Bridgewater Power house Duke cooling water approval 11 2009.doe

RWA
A{'r
NCDENR
Yr
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 16, 2009
Mr. Malachy Millard
154 Kingston Ridge Drive
Chesnee, S.C. 29323
Dee Freeman
Secretary
Subject: Response to ORC Show Cause
B.H. Corpening Mountain Training Facility WWTP
NPDES Permit No. NCO040339
Avery County
Dear Mr. Millard:
This office is in receipt of information obtained at the Operator Show -Cause meeting held in the Asheville
Regional Office on October 12, 2009, by you regarding entries into the ORC logs, sampling protocol, records, and
reporting status for the subject WWTP. This information satisfies concerns expressed by this office during the Show
Cause meeting. Please be advised that this information does not alleviate you of future ORC and Back-up ORC
Yesponsibilities or duties for facilities you operate, should you seek renewal of your operator certification.
Please be advised this office will continue to oversee ALL NPDES facilities and ORC's within the counties
covered by the Asheville Regional Office to ensure compliance with ALL NPDES Permit conditions, and ALL applicable
laws and regulations pertaining thereto, and each occurrence will be addressed swiftly and in accordance with the laws
and regulations.
As a result of submission by you that you would NOT seek renewal of your operator certification now or in the
future, no further actions are required at this time, and this issue will not be referred to the Chairman of the Water
Pollution Control System Operators Certification Commission for disciplinary action. Should you have any questions
concerning this matter, please contact Mr. Donald R. Price at 828/296-4500.
Sincerely,
Rogerr Edwards
Regional Supervisor, Surface Water Protection
Division of Water Quality -Asheville Regional Office
xc: Jerry Rimmer, Technical Assistance & Certification Unit Supervisor
Don Price, WWTP Consultant, ARO
Deborah DiPietrantonio, Facility Supervisor, B.H. Corpening WWTP
One
2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: [phone] Fax: [phone] Customer Service 1 877 623-6748 NorthCarolina
,,; ,Internet: www.ncwaterouality.ora Naturally
I� An Equal Opportunity 1 Affirmative Action Employer

.ow .`�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 17, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED — 70071490 0004 0713 8663
Joseph M. Moore, II, City Manager
City of Brevard
95 West Main Street
Post Office Box 426
Brevard, North Carolina 28712
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE
NOV-2009-DV-0321
Permit No. Permit No. WQCS00084
City of Brevard
City of Brevard Collection System
Transylvania County
Dear Mr. Moore:
Dee Freeman
Secretary
A review has been conducted of City of Brevard's Sewer Collection System self reported Sanitary
Sewer Overflows (SSO's) 5-Day Report submitted by Anthony Coward., Brevard Collection.
System. ORC:'. This review has shown the subject facility to be in violation of the requirements
found in Collection System Permit WQCS00084 and/or G.S. 143-215.1(a)(1). The violation that
occurred are summarized below.
Area
Violation Date
Description
Violation
Type
CSO/SSO
09/21 /2009
Sanitary Sewer Overflow
Discharge
(Sewer Overflow)
Without Valid
Permit
Remedial actions should be taken to correct this problem. The Division of Water Quality is
considering pursuing enforcement action for this violation.
You should address the causes of noncompliance and all actions taken to prevent the recurrence
of similar situations and respond in writing to this office within 10 days of receipt of this Ietter.
If you should have any questions, please do not hesitate to contact Don Price at 828)296-4500.
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
NRturalif

Please note that due to the continued high numbers of SSO's in North Carolina the Division has
implemented a new SSO enforcement policy on May 15, 2007. Between May 15, 2007, and June
1, 2007 the Division of Water Quality will contact collection system operators to inform them of
this policy. Beginning June 1, 2007 until December 1, 2007 any reportable SSO will be issued a
Notice of Violation (NOV). Beginning on December 1, 2007 civil penalties will be issued for
SSO's based on volume, volume reaching surface waters, duration and gravity and impacts to
public health, fish kills or recreation area closures. Other factors considered in determining the
amount of the civil penalty are the violator's history of spills, the cost of rectifying the damage,
whether the spill was intentional and whether money was saved by non-compliance.
If you have any question regarding this policy please contact Mr. Don Price at (82$)296-4500.
Sincerely,
Roger C. Edwards
Surface Water Protection Section Supervisor
Division of Water Quality
Asheville Regional Office
Cc: Central Files
PERCS
David Lutz, Brevard Public Services Director
G:\WPDATA\DEMWO\Transylvania\Brevard Collection System\NOV 2009 DV 0324doc

AL AA
AM OIL
WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 17, 2009
1RN RECEIPT REQUESTED — 70071490 0004 0713 8670
Mr. Ron Lewis, County Manager
Burke County
Post Office Box 21.9
Morganton, North. Carolina 28680-0219
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE
NOV-2009-DV-0320
Permit No. WQCS00324
County of Burke
Burke County Collection System
Burke County
Dear Mr. Lewis:
A review has been conducted of Burke County Collection System's self reported Sanitary Sewer
Overflows (SSO's) 5-Day Report submitted by Burke County Engineer, Mr. Carson Fisher. This
review has shown the subject facility to be in violation of the requirements found in Collection
System Permit WQCS00324 and/or G.S. 143-215.1(a)(1). The violation that occurred is
summarized below.
Area
Violation Date
Description
Violation
Type
CSO/SSO
10/27/2009
Sanitary Sewer Overflow
Discharge
(Sewer Overflow)
Without Valid
Permit
Remedial actions should be taken to correct this problem. The Division of Water Quality is
considering pursuing enforcement action for this violation.
You should address the causes of noncompliance and all actions taken to prevent the recurrence
of similar situations and respond in writing to this office within 10 days of receipt of this letter.
If you should have any questions, please do not hesitate to contact Mr. Don Price at (828)296-
4500.
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 One
Phone: [phone]M FAX: [phone] Customer Service: 1-877-623-6748 NorthCarolina
Internet: www.ncwaterquality.org �%u��"U
An Equal Opportunity \ Affirmative Action Employer

Please note that due to the continued high numbers of SSO's in North Carolina the Division has
implemented a new SSO enforcement policy on May 15, 2007. Between May 15, 2007, and
June 1, 2007 the Division of Water Quality will contact collection system operators to inform
them of this policy. Beginning June 1, 2007 until December 1, 2007 any reportable SSO will be
issued a Notice of Violation (NOV). Beginning on December 1, 2007 civil penalties will be
issued for SSO's based on volume, volume reaching surface waters, duration and gravity and
impacts to public health, fish kills or recreation area closures. Other factors considered in
determining the amount of the civil penalty are the violator's history of spills, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-
compliance.
If you have any question regarding this policy please contact Mr. Don. Price at (828)296-
4500.
Sincerely,
Roger C. Edwards,
Surface Water Protection Section Supervisor
Division of Water Quality
Asheville Region
Cc: Central Files
PERCS Unit
Carson Fisher, Burke County
G:\WPDATA\DBMWO\Burke\Burke County Collection System\NOV 2009 DV 0320.doc

1•1 I I A
WNW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 17, 2009
Dee Freeman
Secretary
Mr. J. B. Setzer, P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva, North Carolina 28779
Subject: Inspection
US Highway 25
DWQ Project 08-1754
TIP No. R-505
Henderson County
Dear Mr. Setzer:
On November 5, 2009, I inspected the construction work on US Highway 25 between Interstate 26 and NC
Highway 225 in Henderson County. Construction work appears to be going well. The erosion and
sedimentation control structures, vegetative covering, and matting appear to be working properly.
Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and
mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached
to this letter.
If you have questions, please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Aaron Powell
Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
Transportation Permitting Unit
Niki Maher, NPS Assistance and Compliance Oversight Unit
Mike Parker, Asheville Regional Office
(Setzer) US Highway 25 Inspection Letter November 2009
SURFACE WATER PROTECTION SECTION —Asheville Regional Office
2090 U.S. 70 Highway, Swannanoa, NC 28778-8211
Phone: [phone] FAX: [phone] One
Customer Service: 1-877-623-6748 NOf thCa.roft
Internet: www.ncwaterpualitv.orp
An Equal Opportunity 1 Affirmative Action Employer ��������✓

DWQ Site Visits for DOT Projects
Field Sheet
DWQ representative: Michael R. Parker Date: November 5, 2009
County: Henderson Region: Asheville
DOT Division: Division 14 —�
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 08-1754 —� NW Permit d IP #:
Project Name: U S Highway 25-I-26 Connector R-505
Location of Project:
U S Highway 25 from NC 225 near Zirconia to Interstate 26 in Henderson County
Project Complete: ❑Yes X No
Activities (DOT):
❑ Bridge
X❑ Culvert
❑ Bottomless Culvert
❑ Bottomless Arch
X❑ Riprap Inlet/Outlet Stabilization
❑ Spoil Pile
Borrow Pit
Wetland Mitigation
❑ Stream Restoration
❑ On -site Stream Relocation
❑ Buffer Restoration
X❑ Bank Stabilization
❑ Other
If no, estimated date of completion:
Water Oualitv Concerns (DW
❑ Steam Standards Violation
X❑ Turbidity
❑ Evidence of spills
❑ Oil/Petroleum
❑ Solid Waste
❑ Failed E & S control measures
X❑ Sedimentation Impacts
❑ Stormwater Permit Violation
X❑ Fill
❑ Buffer Impacts (see below)
❑ Other
Additional Wetland Impacts: ❑ yes X❑ no Estimated Acres
❑ Zone 1 Est Acres � I ❑ Zone 2 Est Acres
Additional Stream Impacts: ❑ yes X❑ no Est Linear feet
Estimated linear feet of impact:
Buffer Impacts: ❑Neuse []Tar -Pam ❑Randleman ❑Catawba
Zone 1: ❑Yes ❑No Est linear ft/ acreage of buffer impact ft/ ac
Zone 2: ❑Yes ❑No Est linear ft/ acreage of buffer impact ft/ ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited

Name of Watertvay(s):
Basin/ Subbasin
DWO Site Visits for DOT Proiects
Background Info
Laurel Creek, Green River, Bat Fork, King Creek, Freeman Creek,
Lake Summit, Hill Branch, Jones Branch, Mill Creek, Laurel Branch,
Jones Creek
Broad 030501
Wetland Type: ❑Isolated x❑Non-Isolated (Waters of US)
Stream Class: ❑Class B 0303d Listed ❑WS-II ❑WS-V ❑S13
X❑Class C ❑ORW X❑Trout ❑WS-III ❑NSW
X❑HQW ❑WS-I ❑WS-IV RSA RCA
Type of Authorized Impact: X❑Culvert []Bottomless Culvert
❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: X❑0 — 1/10`h acre ❑ 1/1 11h to 1/3`d acre
❑ 1 /3 rd to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet 1,346 linear feet
Additional comments:
Reviewed project with DOT staff and Wright Brothers. Heavy construction and pipe installation is underway.
Sediment and erosion control structures appear to be working properly. A new area is now under construction
southwest of US Highway 176. Seeding and/or matting should be performed as areas are graded.
Area where the small pond was located has been filled and the area is now a waste area.
Maintain erosion control devices and continue with seeding and matting as required to protect State surface
waters.

Q=
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 17, 2009
Mr. J. B. Setzer, P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva, North Carolina 28779
Subject: Stormwater Inspection
US 25/I-26 Connector
DWQ Project No. 081754
TIP No. R-0505
Henderson County
Dear Mr. Setzer:
Dee Freeman
Secretary
On November 5, 2009, I conducted a stormwater inspection for TIP Project No. R-0505, US Highway 25/I-26
Connector construction project in Henderson County. The rainfall data and erosion control records appear to
be maintained in good order. Please note that all stormwater devices are to be inspected after every 0.5 inch
rainfall event.
Continue to ensure that these records are maintained during the life of the project. Please refer to the attached
inspection report for additional comments and/or recommendations.
If you have questions, please call me at 828-296-4500.
Sincerely,
12,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Aaron Powell, P.E.
Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
Transportation Permitting Unit
Niki Maher, NPS Assistance and Compliance Oversight Unit
Mike Parker, Asheville Regional Office
(Setzer) R-0505 November 2009 Stormwater Inspection
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCaholina

Location:
2. County: (A2)
3. Basin: (A3) pu
4. Location description: (M)
7. Land disturbance due to 6;x. development?
8, On -site represents
Name(s)
Employer(s)
Week 2 Date:
Amount:
5, Stream: (A5)
6. Class: fA6)
[Topographical vicinibl map Ofsite is aftachedfor case file]
(A7)
five available auxin * action? i g insp (AL)
IE! s
ow,
12. MinimumMonitoring & Record Keepinq (Part 1. Sec flon B. No. 3.)
Are inspection records of erosion & sedimentation control facilities complete &.available on request?
(Al 2)
0
Dates of documented insoections durinq the past 14
Week 1:
Week 2:
Not
Inspected'
13. Sedimentation impacts to waters: 14. Linear ft of stream impicts:
Typical range of sediment depth: (A13a) (Al 4)
Maximum depth of sediment: (A13b)F
77-1
'15. Photo Documen;ation: Were photos taken? (Al 5)
Photos (1. impacted water, 2. sedimentation depths, 3. sediment control measures, and 4. un-impacted upstream caters)
and sketch/map of svhere photos were taken are attached for case file
16. Notes:
' Project personnel not available during MVQ site inspection
1-4

A&&TAYA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 17, 2009
Mr. Bentley Parlier
Linville Resorts Inc.
11 Linville Avenue
Linville, North Carolina 28646
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0498
Permit No. NCO039446
Linville Resorts WWTP
Avery County
Dear Mr. Parlier:
Dee Freeman
Secretary
A review of Linville Resorts WWTP's monitoring report for July 2009 showed the following violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
Mercury, Total (asHg) -
Concentration
07/07/09
12 ng/I
79.4 ng/I
Daily Maximum
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments
section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested
that a response be submitted: however, should you have additional information concerning the violations or comments
which you wish to present, please submit them to the attention of Janet Cantwell. Please keep us informed about the
sampling program for the mercury.
The Division of Water Quality may pursue enforcement actions for this and any additional violations of State law.
If you should have any questions, please do not hesitate to contact Janet Cantwell at 8281296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
Scott Vasgaard/ ORC
9' 4e LinvillE? do',c
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone]
Internet: www.ncwaterguality.orq FAX [phone]
A
One
NorthCarolina
Aaturallil
Customer Service
1-877-623-6748

KJFA
Crr
G
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 17, 2009
Mr. Parks Banks
River Oaks ]Mobile home Park
P.O. Box 387
Barnardsville, N.C. 28709
Subject: NOTICE OF VIOLATION
NOV-2009-DV-0327
Permit No. WQCSD0247
River Oaks Mobile home Park
Pump Station
Henderson County
Dear Mr.Banks:
A review has been conducted of the River Oaks Mobile Home Park's self reported Sanitary
Sewer Overflows (SSO's) 5-Day Report submitted by Trevor McMinn, Collection System ORC.
- This review has shown the subject facility to be in violation of the requirements found in
Collection System Permit WQCSD0247 and/or G.S. 143-215.1(a)(1). The violation that
occurred is summarized below
Area
Violation Date
Description
Violation
Type
CSO/SSO
11 /5/2009
Sanitary Sewer Overflow
Discharge
(Sewer Overflow)
Without Valid
Permit
Remedial actions should be taken to correct this problem. The Division of Water Quality may
pursue enforcement action for this and any additional violations of State law.
You should address the causes of noncompliance and all actions taken to prevent the recurrence
of similar situations. if you should have any questions, please do not hesitate to contact Mr. Dots
Price at [phone].
Please note that due to the continued high numbers of SSO's in North Carolina the Division has
implemented a new SSO enforcement policy on May 15, 2007.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone]\ FAX: [phone] \ Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity \ Affirmative Action Employer
Nne
orthCarolina
Naturally

Between May 15, 2007, and June 1, 2007 the Division of Water Quality will contact collection
system operators to inform them of this policy. Beginning June 1, 2007 until December 1, 2007
any reportable SSO will be issued a Notice of Violation (NOV). Beginning on December 1, 2007
civil penalties will be issued for SSO's based on volume, volume reaching surface waters,
duration and gravity and impacts to public health, fish kills or recreation area closures. Other
factors considered in determining the amount of the civil penalty are the violator's history of
spills, the cost of rectifying the damage, whether the spill was intentional and whether money
was saved by non-compliance.
If you have any question regarding this policy please contact Mr. Don Price at (828)296-
4500.
Sincerely,
Roger C. Edwards
Surface Water Protection Section Supervisor
Division of Water Quality
Asheville Regional Office
Cc: Central Files
PERCS
Trevor McMinn, TREVCO, 2020 Howard Gap Rd., Hendersonville N.C. 28792
ARO files
G:\WPDATA\DEMWO\Henderson\RiverOaks Mobile Home Park NOV 2009 DV 0327 doe

A'
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 1.7, 2009
Mr. Lane Bailey, City Manager
City of Lenoir
Post Office Box 958
Lenoir, North Carolina 28645
Subject: NOTICE OF VIOLATION
NOV-2009-DV-0325
City of Lenoir
Lenoir Collection System
Permit No. WQCS000 35
Caldwell County
Dear Mr. Bailey:
A review has been conducted of the City of Lenoir's self reported Sanitary Sewer Overflows
(SSO's) 5-Day Report submitted by Richard Williams, Lenoir Collection System ORC. This
review has shown the subject facility to be in violation of the requirements found in Collection
System Permit WQCS00035 and/or G.S. 143-215.1(a)(1). The violation that occurred are
summarized below.
Area
Violation Date
Description
Violation
Type
CSO/SSO
10/07/2009
Sanitary Sewer Overflow
Discharge
(Sewer Overflow)
Without Valid
Permit
Remedial actions should be taken to correct this problem. The Division of Water Quality may
pursue enforcement action for this and any additional violations of State law.
You should address the causes of noncompliance and all actions taken to prevent the recurrence
of similar situations. If you should have any questions, please do not hesitate to contact Mr. Don.
Price at [phone].
SURFACE WATER PROTECTION SECTION —ASHEVILLE REGIONAL OFFICE One 7
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 NOrthCarollna
Phone: [phone] FAX: [phone] Customer Service:"T-877-623-6748 yr //%�
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer t�r�Lja

Please note that due to the continued high numbers of SSO's in North Carolina the Division has
implemented a new SSO enforcement policy on May 15, 2007. Between May 15, 2007, and June
1, 2007 the Division of Water Quality will contact collection system operators to inform them of
this policy. Beginning June 1, 2007 until December 1, 2007 any reportable SSO will be issued a
Notice of Violation (NOV). Beginning on December 1, 2007 civil penalties will be issued for
SSO's based on volume, volume reaching surface waters, duration and gravity and impacts to
public health, fish kills or recreation area closures. Other factors considered in determining the
amount of the civil penalty are the violator's history of spills, the cost of rectifying the damage,
whether the spill was intentional and whether money was saved by non-compliance.
If you have any question regarding this policy please contact Mr. Don Price at (828)296-
4500.
Sincerely,
? .._
Roger C. Edwards
Surface Water Protection Section Supervisor
Division of Water Quality
Asheville Regional Office
Cc: Central Files
Richard Williams, Lenoir Collection System ORC
PERCS
ARO Files
G:\WPDATA\DEMWO\Caldwell\Lenoir Collection System\NOV 2009 DV 0325 doc

Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 17, 2009
Mr. Larry Callicutt, Town Manager
Town of Bryson City
Post Office Box 726
Bryson City, North Carolina 28713
Subject: NOTICE OF VIOLATION
NOV-2009-DV-0326
Permit No. WQCS00170
Sanitary Sewer Overflow
Town of Bryson City
Swain County
Dear Mr. Callicutt:
A review has been conducted of Town ol.'Bryson City's self reported Sanitary Sewer Overflows
(SSO's) 5-Day Report submitted by Tom Shook, Bryson City Public Works Supervisor. This
review has shown the subject facility to be in violation of the requirements found in Collection
System Permit WQCS00170 and/or G.S. 143-215.1(a)(1). The violation that occurred are
summarized below.
Area
Violation Date
Description
Violation
Type
CSO/SSO
10/09/2009
Sanitary Sewer Overflow
Discharge
(Sewer Overflow)
Without Valid
Permit
Remedial actions should be taken to correct this problem. The Division of Water Quality may
pursue enforcement action for this and any additional violations of State law.
You should address the causes of noncompliance and all actions taken to prevent the recurrence
of similar situations.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 NOrthCarolina
Phone: [phone]M FAX: [phone] t Customer Service:1-877-623-6748 /*
Internet: www,ncwaterquality.org Natur,911Y
An Equal Opportunity \ Affirmative Action Employer

If you should have any questions, please do not hesitate to contact Mr. Don Price at (828)296_
4500.
Please note that due to the continued high numbers of SSO's in North Carolina the Division has
implemented a new SSO enforcement policy on May 15, 2007. Between May 15, 2007, and June
1, 2007 the Division of Water Quality will contact collection system operators to inform them of
this policy. Beginning June 1, 2007 until December 1, 2007 any reportable SSO will be issued a
Notice of Violation (NOV). Beginning on December 1, 2007 civil penalties will be issued for
SSO's based on volume, volume reaching surface waters, duration and gravity and impacts to
public health, fish kills or recreation area closures. Other factors considered in determining the
amount of the civil penalty are the violator's history of spills, the cost of rectifying the damage,
whether the spill was intentional and whether money was saved by non-compliance.
If you have any question regarding this policy please contact Mr. ])on Price at (828)296-
4500.
Sincerely,
Roger C. 1dwards
Surface Water Protection Section Supervisor
Division of Water Quality
Asheville Regional Office
CC: Central Files
PERCS
Tom Shook, Town of Bryson City
G:\WPDATA\DEMWO\Swain\Bryson City Collection System\NOV 2009 DV 0326 doc

AkPay-WA
'Eila
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 17, 2009
Mr. Thomas E. Hartye, PE
Metropolitan Sewerage District of Buncombe County
2028 Riverside Drive
Asheville, North Carolina 28804
Subject: NOTICE OF VIOLATION
NOV-2009-DV-0322
Permit No. WQCS00004
MSD of .Buncombe County
Metropolitan Sewerage District.
Buncombe County
Dear Mr. l lartye:
A review has been conducted of Metropolitan Sewerage District of Buncombe County's self
reported Sanitary Sewer Overflows (SSO's) 5-Day Report submitted by Barry Cook, MSD
Collection. System ORC. This review has shown the subject facility to be in violation of the
requirements found in Collection System Permit WQCS00004 and/or G.S. 143-215.1(a)(1). The
violation that occurred is summarized below.
Area
Violation Date
Description
Violation
Type
CSO/SSO
09/21/2009
Sanitary Sewer Overflow
Discharge
(Sewer Overflow)
Without Valid
Permit
Remedial actions should be taken to correct this problem. The Division of Water Quality may
pursue enforcement action for this and any additional violations of State law.
You should address the causes of noncompliance and all actions taken to prevent the recurrence
of similar situations. If you should have any questions, please do not hesitate to contact Mr. Don
Price at [phone].
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 NOrthCarohna
Phone: [phone] FAX: [phone] Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer Naharallaff

Please note that due to the continued high numbers of SSO's in North Carolina the Division has
implemented a new SSO enforcement policy on May 15, 2007. Between May 15, 2007, and June
1, 2007 the Division of Water Quality will contact collection system operators to inform them of
this policy. Beginning June 1, 2007 until December 1, 2007 any reportable SSO will be issued a
Notice of Violation (NOV). Beginning on December 1, 2007 civil penalties will be issued for
SSO's based on volume, volume reaching surface waters, duration and gravity and impacts to
public health, fish kills or recreation area closures. Other factors considered in determining the
amount of the civil penalty are the violator's history of spills, the cost of rectifying the damage,
whether the spill was intentional and whether money was saved by non-compliance.
If you have any question regarding this policy please contact Mr. Don Price at (828)296-
4500.
Sincerely,
Roger C. E.dwards
Surface Water Protection Section Supervisor
Division of Water Quality
Asheville Regional Office
Cc: Central Files
PERCS
Ken Stines, MSD Collection System ORC
ARO files
G:\WPDATA\DEMWO\Buncombe\MSD Collection System\NOV 2009 DV 0322 doc

.wa� ems.
CDEN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 17.2009
Mr. Lee Smith, Utilities Director
City of Hendersonville
Post Office Box 1670
Hendersonville, North Carolina 28793-1670
Subject: NOTICE OF VIOLATION
NOV-2009-DV-0324
Permit No. WQCS00070
City of Hendersonville
Hendersonville Collection System
Henderson County
Dear Mr. Smith:
A review has been conducted of the City of HendersonviIle's self reported Sanitary Sewer
Overflows (SSO's) 5-Day Report submitted by Dennis Frady, City of 1=lendersonville's Assistant
Utilities Director. This review has shown the subject facility to be in violation of the
requirements found in Collection System Permit WQCS00070 and/or G.S. 143-215.1(a)(1). The
violation that occurred is summarized below.
Area
Violation Date
Description
Violation
Type
CSO/SSO
10/07/2009
Sanitary Sewer Overflow
Discharge
(Sewer Overflow)
Without Valid
Permit
Remedial actions should be taken to correct this problem. The Division of Water Quality may
pursue enforcement action for this and any additional violations of State law.
You should address the causes of noncompliance and all actions taken to prevent the recurrence
of similar situations. If you should have any questions, please do not hesitate to contact Mr. Doan
:Price, at [phone].
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 Naturally
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

Please note that due to the continued high numbers of SSO's in North Carolina the Division has
implemented a new SSO enforcement policy on May 15, 2007. Between May 15, 2007, and June
1, 2007 the Division of Water Quality will contact collection system operators to inform them of
this policy. Beginning June 1, 2007 until December 1, 2007 any reportable SSO will be issued a
Notice of Violation (NOV). Beginning on December 1, 2007 civil penalties will be issued for
SSO's based on volume, volume reaching surface waters, duration and gravity and impacts to
public health, fish kills or recreation area closures. Other factors considered in determining the
amount of the civil penalty are the violator's history of spills, the cost of rectifying the damage,
whether the spill was intentional and whether money was saved by non-compliance.
If you have any question regarding this policy please contact Mr. Don Price at (828)296-
4500.
Sincerely,
Roger C. Edwards
Surface Water Protection Section Supervisor
Division of Water Quality
Asheville Regional Office
Cc: Central Files
PERCS
Dennis Frady. City of Hendersonville Assistant Utilities Director
G:\WPDATA\DEMWO\Henderson\Hendersonville CS\NOV-2009-DV-0324

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 17, 2009
Mr. Mike Decker, Town Administrator
Town of Franklin
70 West Main Street
Franklin, N.C. 28737
Subject: NOTICE OF VIOLATION
NOV-2009-DV-0323
Town of Franklin
Town of Franklin Collection System
Permit No. WQCS00101
Macon County
Dear Mr. Decker:
A review has been conducted of the Town of Franklin's self reported Sanitary Sewer Overflows
(SSO's) 5-Day Report submitted by James F. Zilbauer, Jr. Town of Franklin Collection. System
Back-up ORC. This review has shown the subject facility to be in violation of the requirements
found in Collection System Permit WQCS00101 and/or G.S. 143-215.1(a)(1). The violation that
occurred is summarized below.
Area
Violation Date
Description
Violation
Type
CSO/SSO
09/29/2009
Sanitary Sewer Overflow
Discharge
(Sewer Overflow)
Without Valid
Permit
Remedial actions should be taken to correct this problem. The Division of Water Quality may
pursue enforcement action for this and any additional violations of State law.
You should address the causes of noncompliance and all actions taken to prevent the recurrence
of similar situations. If you should have any questions, please do not hesitate to contact Mr. Don
Price, at [phone].
SURFACE WATER PROTECTION SECTION - ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 NOrthCarolina
Phone: [phone] FAX: [phone] Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org gturq���
An Equal Opportunity 1 Affirmative Action Employer

Please note that due to the continued high numbers of SSO's in North Carolina the Division has
implemented a new SSO enforcement policy on May 15, 2007. Between May 15, 2007, and June
1, 2007 the Division of Water Quality will contact collection system operators to inform them of
this policy. Beginning June 1, 2007 until December 1, 2007 any reportable SSO will be issued a
Notice of Violation (NOV). Beginning on December 1, 2007 civil penalties will be issued for
SSO's based on volume, volume reaching surface waters, duration and gravity and impacts to
public health, fish kills or recreation area closures. Other factors considered in determining the
amount of the civil penalty are the violator's history of spills, the cost of rectifying the damage,
whether the spill was intentional and whether money was saved by non-compliance.
If you have any question regarding this policy please contact Mr. Don Price at (828)296-
4500.
Sincerely,
kA
.Roger C. Edwards
Surface Water Protection Section Supervisor
Division of Water Quality
Asheville Regional Office
Cc: Central Files
PERCS
Jay Gibson, Town of Franklin Public Works Director
ARO files
GAWPDATA\DEMWQ\Macon\Franklin Collection System\NOV 2009 DV 0323 doe

AGA`
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 18, 2009
Mr. Brett H. Irwin
P.O. Box 3513
Ponte Vedra, FL 32004
Subject: 401 Water Quality Certification - Approval
Brett Irwin Property
DWQ Project # 09-0881
Jackson County
LTN02 / Glenville Lake (Thorpe Lake)/ 2-79-23-(1) / WS-III, HQW, B
Dear Mr. Irwin:
Dee Freeman
Secretary
The DWQ has completed the review of your 401 Water Quality Certification associated with the subject project
listed above.
Approval has been granted to place fill within or otherwise impact 405 square feet (0.0093 acres) of open
waters below full pool elevation and 405 square feet (0.0093 acres) above full pool elevation for the purpose of
shoreline stabilization along 162 feet of shoreline at the subject property. This approval requires you to follow
the conditions listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including (but not limited to) Erosion and Sediment
Control regulations...
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
A74(rallY

Mr. Irwin
November 18, 2009
Page 2 of 2
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units)
Plan Location or Reference
Waters
0.0093 (acres)
405 sq. ft. below lake level
(rip rap fill, as indicated on
plan)
Waters
0.0093 (acres)
405 sq. ft. above lake level
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Susan A. Wilson in the Asheville Regional Office
at 828-296-4500.
Sincerely,
Coleen H. Sullins, Director`e�
CHS/saw
Enc: GC3693
Certificate of Completion
cc: Lori Beckwith, USACE Asheville Regulatory Field Office
401 Permitting Unit — Central Office
Jackson County Planning
Bob Martin, P.O. Box 304, Glenville, NC 28736
Lisa Leatherman, Duke Energy, Lake Services
ARO File Copy
GAWPDATA\DEMWQ\Jackson\40 I s\Brett Irwin Prop - bank stab il ization\Approval Brett Irwin 112009 - 0881.doc

FqCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
November 19, 2009
Dale Hamlin
Carriage Park
2827 Haywood Rd
Hendersonville, NC 28791
Subject: Incident Closure
Carriage Park
NOV-2009-PC-0726
Henderson County
Dear Mr. Hamlin:
On November 5, 2009, the Division of Water Quality (DWQ) conducted a follow-up site inspection
at the Carriage Park development on Haywood Road in Henderson County. Mr. Clement Riddle
(C1earWater Environmental) was present.
An inspection of the impacted streams found the results of sediment removal efforts to be
satisfactory to resolve the subject NOV. Subsequently, the DWQ has received a final report from
C1earWater Environmental summarizing the findings; including, photo documentation.
Thank you for your cooperation in this matter. Should you have any questions or concerns, please
contact me at [phone].
Sincel
Chucl
Enviri
Surface Water Protection Section
cc: John Hennessy — NPS Assistance and Compliance Oversight Unit
Tim Fox -Henderson County Erosion Control Division (e-copy)
Clement Riddle - C1earWater Environmental (e-copy)
ARO File Copy
DWQ Central Files
G:\WPDATA\DEMWQ\Henderson\Stormwater Construction NCGO1\Carriage Park\NOV-2009-PC-0726_Closure 11-18-09.doc
SURFACE WATER PROTECTION SECTION —ASHEVILLE REGIONAL OFFICE One
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 NorthCarollna
Phone: [phone]\ FAX: [phone] \ Customer Service: 1-877-623-6748 >/
Internet: www.ncwaterquality.org yah call ,
An Equal Opportunity \ Affirmative Action Employer

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
November 19, 2009
Michael Cornblum
Conleys Creek Limited Partnership
Post Office Box 937
Whittier, North Carolina 28789
SUBJECT: Notice of Violation Response and Wetland Restoration Plan Approval
Smoky Mountain Country Club
Swain County
Dear Mr. Cornblum:
The Division of Water Quality has received a Wetland Restoration Plan from your consultant in
response to the NOV noted above. The proposal includes the restoration of a wetland along
Wesser Creek along the development site.
The remedial actions presented in the response along with certain additional information requested
by this office has been found satisfactory and are approved.
Activities involved in this approved plan, as well as submittal of the final report, are to be
completed within thirty (60) days of this approval letter.
Sincerely,
r
Kevin Barnett
Environmental Specialist
Surface Water Protection
cc: ARO File Copy
DWQ Central Files
Lori Beckwith, US Army Corps of Engineers, Asheville Regulatory Field Office
David McHenry, NC Wildlife Resources Commission
G:\WPDATA\DEM WQ\Swain\401 s\SmokyMountainCountryClub. WetlandRestoration.Approval. doc
SURFACE WATER PROTECTION SECTION — ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 NofthCarolina
Phone: [phone]\ FAX: [phone] \ Customer Service:1-877-623-6748 ��r� l//�
Internet: www.ncwaterquality.org Na`
An Equal Opportunity 1 Affirmative Action Employer

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RMENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 19, 2009
Mr. William D. Twiggs
Linville Land Harbor Property Owners Association
P.O. Box 160
Linville, North Carolina 28646
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0155
Permit No. NCO022756
Linville Land Harbor WWTP
Avery County
Dear Mr. Twiggs:
Dee Freeman
Secretary
A review of Linville Land Harbor WWTP's monitoring report for September 2009 showed the following
violations:
Parameter
Date
Measuring
Violation
Frequency
Nitrogen, Total (as N) -
09/30/2009
Quarterly
Failure to Monitor
Concentration
Phosphorus, Total (as P) -
09/30/2009
Quarterly
Failure to Monitor
Concentration
It was also noted that the Compliance box on the back of the DMR was marked Compliant" when in fact it should
have been marked "Non -Compliant" with an explanation of the reason for the non-compliance.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this office
within 10 (ten) working days of receipt of this letter. You should address the causes of non-compliance and all actions
taken to prevent the recurrence of similar situations.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement
action for this and any additional violations of State law. If you should have any questions, please do not hesitate to
contact Janet Cantwell at 8281296-4500.
Sincerely,
¢ ...)
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
C(�. L. Lewis/ ORC +� 75'�,,p
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North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone]
Internet: www.ncwaterguality.org ­4— FAX [phone]
One
NorthCarolina
NRA( t!!if
Customer Service
1-877-623-6748

Max
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 19, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED — 7007 1490 0004 0713 8649
Mr. Doyle Freeman, Director Utilities
Henderson County Utilities
100 N. King Street
Hendersonville, North Carolina 28792-5053
Dee Freeman
Secretary
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO086070
Henderson County Utilities
Western Justice Academy WWTP
Case No. LV-2009-0409
Henderson County
Dear Mr. Freeman:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $317.00
($250.00 civil penalty + $67.00 enforcement costs) against Henderson County Utilities.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Henderson County Utilities for the month of July 2009.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0086070. The violations which occurred in
July 2009 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Henderson County Utilities violated
the terms, conditions or requirements of NPDES Permit NCO086070 and G.S. 143-215.1(a)(6) in
the manner and extent shown in Attachment A. In accordance with the maximums established by
G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. -Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Henderson County Utilities:
Nne
orthCarolina
�aturattt�
SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778
Phone: [phone]\FAX: [phone]\Customer Service: 1-877-623-6748
Internet: www.ncwaterouality.org

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No
$250.00
NC0086070, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD - Conc.
$250.00
TOTAL CIVIL PENALTY
$67.00
Enforcement Costs
$317.00
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of.
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be
considered:

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

............_..._.... _ ____ _ _
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment. If you have any questions, please contact Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments
DWQ Central Files w/ attachments
Bob Guerra/ DWQ Enforcement Files w/ attachments
Jones Environmental/ ORC w/ attachments
i tic Z f _?yl?its �.

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2009-0409
County: Henderson
Assessed Party: Henderson County Utilities/ Justice Academy
Permit No.: NC0086070 Amount Assessed: $317.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i. e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
HENDERSON COUNTY UTILITIES/ )
WESTERN JUSTICE ACADEMY
PERMIT NO. NCO086070 ) FILE NO. LV-2009-0409
Having been assessed civil penalties totaling $317.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 19, 2009, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 19, 2009
Mr. Fred Leonard, Manager
McDowell County Adult Care I
P.O. Box 1257
Marion, North Carolina 28752
Dee Freeman
Secretary
Subject: NOTICE OF VIOLATION
NOV-2009-LM-0032
Permit No. NCO035157
Cedarbrook Residential Center WWTP
McDowell County
Dear Mr. Leonard:
A review of Cedarbrook Residential Center's monitoring report for July 2009 showed the following violations:
Parameter
Date
Limit Value
Reported Value
Limit Type
Flow, in conduit or thru
treatment plant
07/31/09
0.0030 mgd
0.0031 mgd
Monthly Average
Exceeded
A review of the flow records of the Cedarbrook WWTP for the past twelve months indicates the average flow
of the facility is at 91.5 % of the permitted flow limit.
Date
Measuring
Violation
Frequency
Parameter
Chlorine, Total Residual
07/18/2009
Twice Weekly
Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should
have been marked "Non -Compliant" with an explanation of the reason for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement
action for this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this office
within 10 (ten) working days of receipt of this letter. You should address the causes of non-compliance and all actions
taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to
contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
Water Tech Lab & Operations/ ORC
G:'!!PiPDAT.A"�DE�A,tl` ,i2?.Pvsc to Deli 35 i >7 Cedarbrook Residential CenteA EC'v-200 -l-M-v032.35 i 57. ce
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone]
Internet: www.ncwaterguality.orci -,—m FAX [phone]
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NorthCarolina
Natcrra!!il
Customer Service
1-877-623-6748

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RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 19, 2009
Mr. Shannon R. Ginn, Manager
Cummings Cove Company LLC
20 Cummings Cove Parkway
Hendersonville, North Carolina 28739
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0500
Permit No. NCO057541
Cummings Cove WWTP
Henderson County
Dear Mr. Ginn:
Dee Freeman
Secretary
A review of Cummings Cove WWTP's monitoring report for July 2009 showed the following violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
Flow, in conduit or thru
treatment plant
07/31/09
0.035 mgd
0.045 mgd.
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 of the reason for the non-compliance.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this
office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all actions
taken to prevent the recurrence of similar situations.
The Division of Water Quality may pursue enforcement actions for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
r'
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ ORC
one
��-��V�Ti✓T3.qT,�1i��lt•,V��;�en;��E,sa,3;5=Y.,�1 ��,rLinninas C'cve'iNO11-20f)9-LV-0500.57541�A,.:�=; NorthCarolina
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North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.newaterguality.org �5vx FAX [phone]

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coieen H. Sullins
Governor Director
November 19, 2009
Chris Braund
Town of Lake Lure
P.O. Box 255
Lake Lure, NC 28746
Subject: 401 Water Quality Certification - Approval
Town of Lake Lure
DWQ Project # 09-1063
Rutherford County
BRD01 / Broad River (Lake Lure) / 9-(17) / B; Tr
Dear Mr. Braund:
Dee Freeman
Secretary
The DWQ has completed the review of your 401 Water Quality Certification application associated with the
subject project listed above.
,Approval has been granted to place fill within or otherwise impact 0.5 acres of open waters for the purpose of
shoreline stabilization along and undertake maintenance dredging within Lake Lure. This approval requires
you to follow the conditions listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USAGE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including (but not limited to) Erosion and Sediment
Control and Trout Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) I Plan Location or Reference
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone]\ FAX: [phone] \ Customer SerJice: 1-877-623-6748
Internet: www.newaterquality.org
An ERual O000rtunity 1 Affirmative Action Emolover
NorthCarolina

Chris Braund
November 19, 2009
Page 2 of 2
Waters 10.5 (acres) I Lake Lure Project Map
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Chuck Cranford in the Asheville Regional Office at
828-296-4664.
Sincerely,
Coleen H. Sullins, Director
CHSlcbc
Enc: GC3693
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit — Central Office
File Copy
G:\WPDATA\DEM WQ\Rutherford\401 s\TownOfLakeLure\09-1063_Approval_11-19-09.doc

Aria
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
November 19, 2009
Peter Brower
Peter M. Brower Profit Sharing Plan, LLC
Post Office Box 212
Flat Rock, North Carolina 28731
SUBJECT: Notice of Violation Response and Sediment Removal Plan Approval
The Boulders
NOV-2009-SS-0042
Henderson County
Dear Mr. Brower:
The Division of Water Quality has received correspondence from Mr. Thomas McCanless, dated
November 2, 2009, in response to the NOV noted above. The proposal includes the removal of
sediment from an unnamed tributary to Britton Creek.
The remedial actions presented in the response have been found satisfactory and are approved.
Activities involved in this approved plan, as well as submittal of the final report, are to be
completed within thirty (30) days of this approval letter.
Sincerely,
C�
Chuck Cranford
Environmental Specialist
Surface Water Protection
cc: ARO File Copy
DWQ Central Files
Tim Fox — Henderson County (e-copy)
Thomas McCanless
208 Holly Crest Circle, Simpsonville, SC 29681
G:\WPDATA\DEMWQ\Henderson\Stormwater Construction NCG01\Boulders\SedRemovalPlan_Approval. doe
SURFACE WATER PROTECTION SECTION —ASHEVILLE REGIONAL OFFICE One
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 NorthCarolina
Phone: [phone]\ FAX: [phone] \ Customer Service:1-877-623-6748 Internet: www.ncwatergLiality.org Naturally
An Equal Opportunity \ Affirmative Action Employer

. •.....Xj NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
C,overnor Director Secretary
November 19, 2009
Jim Rhyne, Ellenboro Water & Sewer Alderman
Town of Ellenboro
P.O. Box 456
Ellenboro, N.C. 28040
Subject: Permit No. WQ0034455
Town of Ellenboro
Town of Ellenboro Sewer System
i.e. Tony's Seafood Forcemain
Wastewater Collection System Extension
Rutherford County
Dear Alderman Rhyne:
In accordance with your application received October 29, 2009, and additional information
received on November 12, 2009, we are forwarding herewith Permit No. WQ0034455, dated November
19, 2009, to the Town of Ellenboro for the construction and operation of the subject wastewater
collection system extension. This permit shall be effective from the date of issuance until rescinded,)
and shall be subject to the conditions and limitations as specified therein. This cover letter shall be
considered a part of this permit and is therefore incorporated therein by reference. Please send Don
Price a copy of the "notice to proceed" issued to your contractor for this collection system extension.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any
individual system -wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any ;Dart of the project that does
not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the
Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless
specifically mentioned herein. Division approval is based on acceptance of the certification provided by
the North Carolina -licensed Professional Engineer named in the application. It shall be the Permittee's
responsibility to ensure that the as -constructed project meets the appropriate design criteria and rules.
Failure to comply may result in penalties in accordance with North Carolina General Statute §143-
215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities,
and/or referral of the North Carolina -licensed Professional Engineer to the licensing board.
Nne
orthCarolina
Naturally
SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778
Phone: [phone]FAX: [phone]Customer Service: 1-877-623-6748
Internet: www.nmaterquality.org

Town of Ellenboro
November 19, 2009
Page 2
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina
as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the
Town of Ellenboro for the construction and operation of approximately 2,275 linear feet of 2-inch force
main to serve a 50 seat restaurant, as part of the Town of Ellenboro Sewer System project, and the
discharge of 2000 gallons per day of collected domestic wastewater into the Town of Ellenboro's
existing sewerage system, pursuant to the application received October 29, 2009 and in conformity with
15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and
Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and
approved by the Department of Environment and Natural Resources and considered a part of this
permit.
The sewage and wastewater collected by this system shall be treated in the Town of Forest
City's Wastewater Treatment Facility (Permit No. NC0025984) prior to being discharged into the
receiving stream. This permit shall become voidable unless the agreement between the Town of
Ellenboro and the Town of Forest City for the collection and final treatment of wastewater is in full force
and effect. The Operational Agreement between the Permittee and the Environmental Management
Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance
with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by
North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in
accordance with the terms and conditions of this permit.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have
the right to request an adjudicatory hearing upon written request within 30 days following receipt of this ,
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Don Price at
[phone].
Sincerely,
for Coleen H. Sullins, Director
Division of Water Quality
cc: Rutherford County Building Inspector
Rutherford/Polk/McDowell County Health District
Asheville Regional Office, Surface Water Protection (WWTF Permit No. NC0025984)
Scott Roach, EIT/Odom and Associates Engineering, Inc.
Town of Forest City WWTP
Surface Water Protection Section Central Files
PERCS Files

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

PERMIT NO WQ0034455 Town of Ellenboro "Tony's Seafood Forcemain" Rutherford CountyNovember 19 2009
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, -pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina -licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Station
and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project
is to be completed in phases and partially certified, you shall retain the responsibility to track
further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non -Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcementaction by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state afid federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 213.0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours -
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:

ERMIT NO W00034455 Town of Elien boro "Tony's Seafood Forcemain" Rutherford CountyNovember 19 2009
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 19t" Day of November, 2009
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Co' en H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0034455
3

PERMIT NO W00034455 Town of Ellen boro- "Tony's Seafood Forcemain" Rutherford CountyNovember 19 2009
ENGINEERING CERTIFICATION — POST CONSTRUCTION
System Description:
Construction and Operation of approximately 2,275 linear feet of 2-inch force main to serve a 50
seat restaurant, as part of the Town of Ellenboro Sewer System project.
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s) or storage greater than longest past three year outage reliability option selected) for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit, regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final
, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of
Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials.
North Carolina Professional Engineer's
seal, signature, and date:
SEND THIS FORM & SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.

1�♦
AptM
Alk
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 19, 2009
Haywood County
DWQ Project 20091205
TIP No. B-2988
NCSR 1890 (Hungry Creek Road)
Approval of 401 Water Quality Certification with Additional Conditions
Dr. Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA
North Carolina Department of Transportation
Project Development and Environmental Analysis
1598 Mail Service Center
Raleigh, North Carolina, 28699-1548
Dear Dr. Thorpe:
r ou have our approval, in accordance with the conditions listed below, for the following impacts in the East Fork Pigeon
River, for the purpose of replacing the existing Bridge No. 13 over the East Fork Pigeon River on NCSR 1890 (Hungry
Creek Road) in Haywood County:
Stream Impacts in the French Broad River Ravin
Site
Permanent
Bank
Permanent
Temporary
Total
Stream
Fill in
Stabilization
Fill in
Impacts in
Stream
Impacts
Intermittent
in Perennial
Perennial
Perennial
Impact
Requiring
Stream (linear
Stream
Stream '
Stream
(linear ft)
Mitigation
ft)
linear ft)
linear ft)
linear ft)
linear_ ft)
Site 1
0
46
0
0
46
0
Site 2
0
0
0
150
150
0
Total
0
46
0
150
196
0
Total Permanent Stream Impacts for Project: 46 linear feet. Total Temporary Impacts for Project: 150 linear feet.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
ration: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 NorthCarohna
ane: 828-296-45001 FAX: [phone] Customer Service:1-877-623-6748 N1Rtllt'fi��l�
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employe

Dr. Greg Thorpe, Ph.D.
November 19, 2009
Page Two
The project should be constructed in accordance with your application dated November 4, 2009 (received November 10,
2009), including the environmental commitments made in the application letter. After reviewing your application, we
have decided that these impacts are covered by General Water Quality Certification Nos. 3701 and 3688, 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
total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now
or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
Condition(s) of Certification:
1. There shall be no excavation from or waste disposal into, jurisdictional wetlands or waters associated with this permit
without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located
in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction
activities.
2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this-�
Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall
be removed and the natural grade restored upon completion of the project.
3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to protect surface waters
standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
4. The permittee shall use /Design Standards in Sensitive Watershedsl [15A NCAC 413.0124 (a)-(e)] in areas draining to
trout waters. However, due to the size of the project, NCDOT shall not be required to meet 15A NCAC 4B.0124 (a)
regarding the maximum amount of uncovered acres. Temporary cover (wheat, millet, or similar annual grain) or
permanent herbaceous cover should be planted on all bare soil within 15 business days of ground disturbing activities,
to provide erosion control. Coir fiber matting should be used in conjunction with appropriate seeding on disturbed`
soils in steep slope and riparian areas, and should be secured in place with staples and wherever possible, include live
stakes of native trees.

Jreg Thorpe, Ph.D.
ivember 19, 2009
;e Three
Straw mulch and tall fescue shall not be used in the establishment of temporary or permanent.groundcover within
riparian zones. Coir fiber matting shall be used in conjunction with appropriate seeding for the establishment of
permanent herbaceous cover on disturbed soils within the riparian area. Hydro seeding along with wood or cellulose
based hydro mulch applied from a fertilizer and limestone free tank is allowable at the appropriate rate for the
establishment of temporary groundcover within riparian zones. Discharging hydroseed mixtures and wood or
cellulose mulch into surface waters is prohibited. Riparian areas are defined as a distance 25 feet landward from tope
of stream bank.
`i. In -stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout spawning
season of October 15 through April 15 to protect the egg and fry stages of trout.
6. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the
most current version of NCDOT Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams and other diversion structures, shall be used to prevent excavation in flowing water.
7. The post -construction removal of any temporary bridge structures must return the project site to its preconstruction
contours and elevations. The impacted area shall be revegetated with appropriate native species.
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. 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.
1.0. 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.
All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in
this certification.
1:2. All bridge construction shall be performed form the existing bridge, temporary work bridges, temporary causeways or
floating or sunken barges. If work conditions require barges, they shall be floated into position and then sunk. The
barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the
bottom of the surface water.
1.3. Bridge deck drains should not discharge directly into the streams. Stormwater shall be directed across the bridge and
pre-treated through site -appropriate means (grassed swales, pre -formed scour holes, vegetated buffers, etc.) before
entering the stream. Please refer to the most current version of Stormwater Best Management Practices.
1.4. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High
Quality Waters (HQW) or Water Supply I or II (WS-I, WS-II), stormwater shall be directed to vegetated buffer areas,
grass -lined ditches or other means appropriate to the site for the purpose of pre -treating Stormwater runoff prior to
discharging directly into streams. Please refer to the most current version of Stormwater Best Management Practices.
Mowing of existing vegetated buffer areas is strongly discouraged.
15. The dimension, pattern and profile of the stream, above and below the arch culvert, shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
16. 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.
17. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization
shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
18. 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,
19. 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.
The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.

Dr. Greg Thorpe, Ph.D.
November 19, 2009
Page Four
21. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
22. 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.
23. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
24. 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.
25. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
26. 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.
27. 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.
28. 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.
29. 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.
30. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
31. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of
Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd., Suite 250, Raleigh, North Carolina 27604.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404
or CAMA permit.
If this Certification is unacceptable to you have 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.

.ireg Thorpe, Ph.D.
ovember 19, 2009
-ge 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,
Coleen H. Sullins, Director
Division of Water Quality
cc: David Baker, USACE, Asheville Field Office
J. B. Setzer, P.E., Division 14 Engineer
Mark Davis, Division 14 DEO
Ed Ingle, Roadside Environmental
Marla Chambers, NCWRC
Transportation Permitting Unit
Asheville Regional Office
091205 (Thorpe) Bridge No. 13 NCSR 1890

'AJ;
11 'A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 20, 2009
McDowell County
DWQ Project 20091182
TIP No. B-4190
NC Highway 226
Approval of 401 Water Quality Certification with Additional Conditions
Dr. Greg Thorpe, Ph.D.
Environmental Management Director, PDEA
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Dr. Thorpe:
You have our approval, in accordance with the conditions listed below, for the following impacts to Hopper Creek for the
purpose of constructing a 62 linear feet, three (3) barrel box culvert (12 ft. x 11 ft.), replacing the existing bridge on NC
" `Iighway 226 in McDowell County:
Stream Imnactc in the Cnf9wbn River Rasin
Site
Permanent
Bank
Permanent
Temporary
Total
Stream
Fill in
Stabilization
Fill in
Impacts in
Stream
Impacts
Intermittent
in Perennial
Perennial
Perennial
Impact
Requiring
Stream (linear
Stream
Stream
Stream
(linear ft)
Mitigation
ft)
(linear ft)
(linear ft)
linear ft)
(linear ft)
Site 1
0
48
62
0
110
0
Site 2
0
0
0
80
80
0
Total
1 0
48
62
1 80
190
0
t otat Ntream -Permanent Impact for Project: 110 linear feet. Total Temporary Impact for Project: 801inear feet.
The project should be constructed in accordance with your application dated November 3, 2009 (received November 5,
2009), including the environmental commitments made in the application letter. After reviewing your application, we
have decided that these impacts are covered by General Water Quality Certification Nos. 3701 and 3688, 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.
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone]M FAX: [phone] t Customer Service:1-877-623-6748
Internet: www,ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
One
NofthCarolina
litlll"ally

Dr. Greg Thorpe, Ph.D.
November 20, 2009
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, 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 post -construction removal of any temporary bridge structures must return the project site to its preconstruction
contours and elevations. The impacted area shall be revegetated with appropriate native species.
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. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High
Quality Waters (HQW) or Water Supply I or 11(WS-1, WS-I1), stormwater shall be directed to vegetated buffer areas,
grass -lined ditches or other means appropriate to the site for the purpose of pre -treating stormwater runoff prior to
discharging directly into streams. Please refer to the most current version of Stormwater Best Management Practices.
Mowing of existing vegetated buffer areas is strongly discouraged.
7. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent
practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for
maintaining the stream bank stability. Any applicable riparian buffer impact for access to the stream channel shall be
temporary and be revegetated with native riparian species.

sreg-Thorpe, Ph.D.
,)vember 20, 2009
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. Unless otherwise approved in this certification, placement of culverts and other structures in waters, streams, and
wetlands shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than
48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow
passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion
control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence
that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due
to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to
proceed and to determine whether or not a permit modification will be required.
10. If multiple pipes or barrels are required, they shall be designed to mimic the natural stream cross section as closely as
possible, including pipes and barrels at floodplain 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. The dimension, pattern and profile of the stream, above and below the new culvert, 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.
3. 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. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
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. 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.

Dr. Greg Thorpe, Ph.D.
November 20, 2009
Page Four
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 is 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 DWQ 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, DWQ 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, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of
Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd., Suite 250, Raleigh, North Carolina 27604.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404
or CAMA permit.
If this Certification is unacceptable to you have 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.
Al
4�141
cc: David Baker, USACE, Asheville Field Office
J. J. Swain, Jr., P.E., Division 13 Engineer
Roger Bryan, Division 13, DEO
Ed. Ingle, Roadside Environmental
Marla Chambers, NCWRC
Transportation Permitting Unit
Asheville Regional Office
091182 (Thorpe) TIP B-4190 NC Highway 226
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality

•!
rsrw�v
,&14
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 20, 2009
Andrew G Bradley, Environmental Affairs VP
Unimin Corporation
258 Elm St
New Canaan CT 06840
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0154
Permit No. NC0000361
Schoolhouse Quartz facility
Avery County
Dear Mr. Bradley:
Dee Freeman
Secretary
A review of Schoolhouse Quartz facility's monitoring report for September 2009 showed the
following violation:
Parameter
Date
Measuring
Frequency
Violation
Oil & Grease
09/30/09
Quarterly
Failure to Monitor
Remedial actions, if not already implemented, should be taken to correct any problem. If you should
have information concerning the violations or comments which you wish to present, please submit
them to the attention of Keith Haynes of this Office.
The Division of Water Quality may pursue enforcement actions for this and any additional violations.
If you should have any questions, please do not hesitate to contact Mr. Haynes at 828/296-
4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: WQ Central Files
ARO
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org G:\WPDATA\DEMWQ\Avery\00361 Unimin Schoolhouse\nov-2009-mv-0154.doc FAX [phone]
1-877-623-6748

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
SURFACE WATER PROTECTION
November 20, 2009
Harlow L. Brown, P.E.
Brown Consultants, PA
30 Ben Lippen School Road
Suite 202
Asheville, N.C. 28806
Subject: Return of Incomplete Fast Track
Sewer Extension Application
Hummingbird Cove Sewer Project
Town of Lake Lure
Rutherford County
Dear Mr. Brown:
Our office has conducted a preliminary review of the subject permit application package and has found that
information on the application needs correcting before we may continue our review. Please be aware that you are
responsible for meeting all requirements set forth in North Carolina rules and regulations. Any omissions made in
responding to the items may result in future requests for additional information.
1. Part A, section 1c has the legal entity as "Other -Sewer District", but application is for Permittee-The Town
of Lake Lure a municipality.
Thank you for your cooperation and if you have any questions, please do not hesitate to call me at 828/296-4500.
Sincerely,
Donald R. Price, CET
WWTP Consultant
Enclosure
Cc: Chris Braund, Lake Lure Town Manager
GAWPDATATEMMIRutherfordlLake Lure Collection .SVstern Application Return -Hummingbird Lane doc
SURFACE WATER PROTECTION SECTION —ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone]M FAX: [phone] Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity t Affirmative Action Employer
Nne
orthCarolina
;Vahwlirf

A'
FqCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION
November 23, 2009
Donald Danford
City of Morganton
PO Box 3448
Morganton NC 286559850
SUBJECT: Pretreatment Compliance Inspection
Catawba River Pollution Control Facility
Permit No: NCO026573
Burke County
Dear Mr. Danford:
Enclosed please find a copy of the Pretreatment Compliance Inspection Report for the
inspection, which I conducted of Morganton's approved Pretreatment Program on September 1,
2009. As part of this inspection, a review of the City's Pretreatment Annual Report (PAR) was
also conducted. The City's program was found to be in Compliance with applicable Pretreatment
regulations and permit NC0026573.
Please refer to the enclosed inspection report for additional observations and comments.
Also, please accept my apologies for the lateness of this report. It should have been included with
the report sent to you by letter dated November 6, 2009. If you or your staff has any questions,
please do not hesitate to contact me at 828-296-4500.
Enclosure
cc: Kenny Fleming
Central Files
Asheville Files
PERCS Unit
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 NorthCarohna
Phone: [phone]\ FAX: [phone] \ Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org Aatura"ff
An Equal Opportunity l Affirmative Action EmployerC:\Documents and Settings\dkhaynes\DesktoplPClletter090109.doc

United States Environmental Protection Agency
Form Approved.
Washington, D.C. 20460
EPA
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO026573 111 121 09/09/0, 117
18I PI 191 .c1 201 I
1= LJ
Remarks
211111111111111111111111111111111111111111
Jill 1116-
Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 CIA
---------- —--------------- Reserved ----------------------
67 I 169 70 U1 71 IJ 72 (N I
�—
73 LU 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)
Catawba River Pollution Control Facility
09:10 AM 09/09/01
06/02/01
Exit Time/Date
Permit Expiration Date
1000 vine Arden Rd
Morganton NC 28680
03:00 PM 09/09/01
10/02/28
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Kenneth R Fleming/ORC/828-438-5376/
Name, Address of Responsible Official/Title/Phone and Fax Number
Contactedyes
Donald Danford,PO Box 3448 Morganton NC 286559850//828-438-5285/
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Pretreatment
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Keith Haynes ARO WQ//828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
a4,�...
Roger C Edwards ARO WQ//828-296-4500/
(?j'A(
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

NPDES yr/mo/day Inspection Type 1
3I NCO026573 11 12� 09/09/01 17 18'PI
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Please see attached PCI form for details
Page # 2

NORTH CAROLINA DIVISION OF WATER QUALITY
PRETREATMENT COMPLIANCE INSPECTION (PCI) REPORT
_KGROUND INFORMATION (Complete Prior To PCI; Review ProLyram Info Database Sheets
Control Authority (POTW) Name: City of Mor ag nton
2. Control Authority Representative(s): Kenny Fleming
3. Title(s): Pretreatment Coordinator
4. Last Inspection Date: _9.2308 Inspection Type (Check One): ® PCI ❑ Audit
5. Has Program Completed All Requirements from the Previous Inspection and Program Info Sheet(s)? ® YES ❑ NO
6. Is POTW under an Order That Includes Pretreatment Conditions? ❑ YES ®'NO
Order Type, Number, Parameters:
PCS CODING
Trans.Code Main Program Permit Number
LNl NIC10 10 12 1615 17 13 1
Are Milestone Dates Being Met? ❑ YES ❑ NO
♦T_IUAIM-
1091011091
(DTIA)
Inspec.Type
Inspector
P I
L SJ
(TYPI)
(INSP)
Fac. Type
j 1
LJ
(FACC)
7. Current Number Of Significant Industrial Users (SIUs)?
4
SIUS
8. Current Number Of Categorical Industrial Users (CIUs)?
1
CIUS
9. Number of SIUS Not Inspected By POTW in the Last Calendar Year?
0
1.0. Number of SIUS Not Sampled By POTW in the Last Calendar Year?
0
1.1. Enter the Higher Number of 9 or 10
0
NOIN
1.2. Number of SIUs With No IUP, or With an Expired IUP
0
NOCM
1.3. Number of SIUs in SNC for Either Reporting or Limits Violations During Either of the Last 2
_ Semi -Annual Periods (Total Number of SIUs in SNC)
0
PSNC
14. Number of SIUs in SNC For Reporting During Either of the Last 2 Semi -Annual Periods
0
MSNC
Number of SIUs In SNC For Limits Violations During Either of the Last 2 Semi -Annual Periods
1
SNPS
16. Number of SIUs In SNC For Both Reporting and Limits Violations During Either of the Last 2
Semi-annual Periods
0
POTW INTERVIEW
17. Since the Last PCI, has the POTW had any NPDES Limits Violations? ® YES ❑ NO
If Yes, What are the Parameters and How are these Problems Being Addressed? Various
18. Since the Last PCI, has the POTW had any Problems Related to an Industrial [:]YES ® NO
Discharge (Interference, Pass -Through, Blockage, Citizens' Complaints, Increased
Sludge Production, Etc)?
If Yes, How are these Problems Being Addressed?
19. Which Industries have been in SNC for Limits or Reporting during SNC for Limits: None
either of the Last 2 Semi -Annual Periods? Not Been Published for SNC for Reporting: None
Public Notice?(May refer to PAR if Excessive SIUs in SNC) Not Published: None
20. Which Industries are on Compliance Schedules or Orders? For all SIUs on an
Order, Has a Signed Copy of the Order been sent to the Division? NONE
21. Are Any Permits Or Civil Penalties Currently Under Adjudication? If Yes, Which El YES ®NO
Ones?
LTMP/STMP FILE REVIEW:
22. Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ® YES ❑ NO
23. Are Correct Detection Levels being used for all LTMP/STMP Monitoring? ® YES ❑ NO
2 Is LTMP/STMP Data Maintained in a Table or Equivalent? ® YES ❑ NO Is Table Adequate? ®YES ❑ NO
2:, All LTMP/STMP effluent data reported on Discharge Monitoring Report? ® YES ❑ NO
26. If NO to 23 - 26, list violations
27. Should any Pollutants of Concern be Eliminated from or Added to LTMP/STMP? ❑ YES ® NO
If yes, which ones? Eliminated: Added:
NC DWQ Pretreatment Compliance Inspection (PCI) Form Updated 7/2.5/07 Page I

28. PRETREATMENT PROGRAM ELEMENTS REVIEW - Please review POTW files, verify POTW has copy of Program Elc.
their filet rmmnlete with snnnnrtino, dncnme.nts nnrl rnnv of PFRC'R Annrnval T.ette.r and dates cnnsistent with Program Info:
Program Element
Last Submittal
Date In file?
Last Approval
Date In file
Date Next Due,
If Applicable
Headworks Analysis (HWA)
6/13/09
® Yes ❑ No
In review
❑ Yes ❑ No
Industrial Waste Survey IWS)
3/2/07
® Yes ❑ No
6/13/07
® Yes ❑ No
3/01/12
Sewer Use Ordinance (SUO)
5/16/07
® Yes ❑ No
4/04/08
® Yes ❑ No
Enforcement Response Plan (ERP)
3/01/05
® Yes ❑ No
3/?/05
® Yes ❑ No
Long Term Monitoring Plan (LTMP)
8/11/05
® Yes ❑ No
8/12/05
® Yes ❑ No
TNIIITNTRTAT. TTNRR PERMIT (TTTPI FILF, REVIEW (I ITTP FTI.F. RF.VIF.WS OR 1 FILF, REVIEW AND 1 IU INSPECTION)
29.
User Name
1. Case Farms
2. Caterpillar
3. Southern Devices
30.
IUP Number
1098
3098-433
1182 7
31.
Does File Contain Current Permit?
I ® Yes ❑ No
® Yes ❑ No
®
Yes ❑ No
32.
Permit Expiration Date
5/31/10
3/31/13
5/31/10
33.
Categorical Standard Applied (I.E. 40 CFR, Etc.) Or N/A
1NA
433
NA
34.
Does File Contain Permit Application Completed Within One Year Prior
❑ Yes ®No
® Yes ❑ No
❑ Yes ® No
to Permit Issue Date?
35.
Does File Contain an Inspection Completed Within Last Calendar Year?
I ® Yes
I ®
Yes ❑
No 11
® Yes
❑ No
36.
a. Does the File Contain a Slug/Spill Control Plan?
Fa. ❑Yes NNo
a. ®Yes []No
a. ®Yes ❑No
b. If No, is One Needed? (See Inspection Form from POTW)
b. ❑Yes NNo
b. ❑Yes ❑No
b. []Yes ❑No
37.
For 40 CFR 413 and 433 TTO Certification, Does File Contain a Toxic
❑Yes❑NoNN/A
F ®Yes❑No❑N/A
❑Yes❑NOON/A
Organic Management Plan (TOMP)?
38.
a. Does File Contain Original Permit Review Letter from the Division?
a. ®Yes ❑No
I
a. NYes ❑No
a. ®Yes ❑No
b. All Issues Resolved?
b.❑Yes❑No®N/A
b.❑Yes❑No®N/A
b.OYes❑No®N/A
39.
During the Most Recent Semi -Annual Period, Did the POTW Complete
FM Yes ❑ No
® Yes ❑ No
F -®Yes ❑ No
its Sampling as Required by IUP, including flow?
40.
Does File Contain POTW Sampling Chain -Of -Custody Forms?
® Yes ❑ No 11
® Yes ElNo
®Yes ❑ No
41.
During the Most Recent Semi -Annual Period, Did the SIU Complete its
®Yes❑No❑N/A
®Yes❑No❑N/A
®Yes❑No❑N/A
Sampling as Required by IUP, including flow?
41b. During the Most Recent Semi -Annual Period, Did SIU submit all reports
®Yes❑No❑N/A
®Yes❑No❑N/A
®Yes❑No❑N/A
on time?
42a. For categorical IUs with Combined Wastestream Formula (CWF), does
❑Yes❑NoNN/A
❑Yes❑NoNN/A
❑Yes❑No®N/A
file include process/dilution flows as Required b IUP?
42b. For categorical IUs with Production based limits, does file include
F ❑Yes❑No®N/A
NYes❑No❑N/A
❑Yes❑NoNN/A
production rates and/or flows as Required by IUP?
43a.
During the Most Recent Semi -Annual Period, Did the POTW Identify
® Yes ❑ No
® Yes ❑ No
®Yes ❑ No
All Limits Non -Compliance from Both POTW and SIU Sampling?
43b.
During the Most Recent Semi -Annual Period, Did the POTW Identify
❑Yes❑NoON/A
❑Yes❑NoNN/A
OYes❑No❑N/A
All Re ortin Non -Compliance from SIU Sampling?
44.
a. Was the POTW Notified by SIU (Within 24 Hours) of All Self-
a.®Yes❑No❑N/A
a.❑Yes❑No®N/A
a.❑Yes❑No®N/A
Monitoring Violations?
b. Did Industry Resample and submit results to POTW Within 30 Days?
b.®Yes❑No❑N/A
b.❑Yes❑No®N/A
b.❑Yes❑No®N/A
c. If applicable, Did POTW resample within 30 days of becoming aware
c.®Yes❑No❑N/A
c.❑Yes❑No®N/A
c.❑Yes❑No®N/A
of SIU limit violations in the POTW's sampling of the SIU?
46.
During the Most Recent Semi -Annual Period, Was the SIU in SNC?
❑
Yes
® No
❑ Yes
®
No
❑
Yes ®
No
47.
During the Most Recent Semi -Annual Period, Was Enforcement Taken
®Yes❑No❑N/A
❑Yes❑NoNN/A
❑Yes❑NoON/A
as Specified in the POTW's ERP (NOVs, Penalties, timing, etc.)?
48.
Does the File Contain Penalty Assessment Notices?
I ❑Yes❑NoNN/A
❑Yes❑NoON/A
❑Yes❑NoNN/A
49.
Does The File Contain Proof Of Penalty Collection?
❑Yes❑NoNN/A
❑Yes❑NoNN/A
❑Yes❑No®N/A
a.❑Yes❑No®N/A
50. a. Does the File Contain Any Current Enforcement Orders?
a.❑Yes❑No®N/A
a.❑Yes❑MON/A
b. Is SIU in Compliance with Order?
b.❑Yes❑NO®N/A
b.❑Yes❑No®N/A
b.❑Yes❑NoMN/A
51.
Did the POTW Representative Have Difficulty in Obtaining Any of This
❑ Yes ®No
❑ Yes ® No
ElYes ® No
Requested Information For You?
NC DWQ Pretreatment Compliance Inspection (PCI) Form Updated 7/2.5/07 Page 2

sW COMMENTS: In great shape as is the norm.
INDUSTRY INSPECTION PCS CODING:
Trans.Code Main Program Permit Number M1VI/DD/YY Inspec.Type Inspector Fac. Type
N l 1 1 1 i t I I i 1 I l I I 1 11 1 S l L2 l
(DTIA) (TYPI) (INSP) (FACC)
1. Industry Inspected:
2. Industry Address:
3. Type of Industry/Product:
4. Industry Contact: Title:
Phone: Fax:
5. Does the POTW Use the Division Model Inspection Form or Equivalent? ❑ YES ❑ NO
6. Did the POTW Contact Conduct the Following Parts of the Industrial Inspection Thoroughly?
Comments:
A. Initial Interview ❑ YES ❑ NO
B. Plant Tour ❑ YES ❑ NO
C. Pretreatment Tour ❑ YES ❑ NO
D. Sampling Review ❑ YES ❑ NO
E. Exit Interview ❑ YES ❑ NO
strial Inspection Comments:
OVERALL SUMMARY AND COMMENTS:
Comments: Very_good program
Requirements:
Recommendations:
NOD: ❑ YES ® NO
NOV: [—]YES ®NO
QNCR: ❑ YES ® NO
POTW Rating:
Satisfactory X Marginal UnSatisfactory
P'" COMPLETED BY: Keith Haynes" DATE: September 1, 2009
NC DWQ Pretreatment Compliance Inspection (PCI) Form updated 7/25/07 Page 3

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,�'A
NCDENR
North Carolina Department of Environment and Natural Resources
(vision of Water Quality
C®leen I I. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
November 25, 2009
Mr. J. H. McCombs
Post Office Box 789
Morganton, North Carolina 28680
SUBJECT: Follow Up to Submitted Restoration Plan
McCombs / Corriher Property along Catawba River adjacent to Independence
NOV-2009-OP-0058
Catawba Buffer Rules Violation
Burke County
Response deadline: December 14, 2009
Dear Mr. McCombs:
The Division of Water Quality is in receipt of your restoration plan, provided by West Consultants, PLLC.
on November 19, 2009
The submitted response does not meet the criteria set forth in the issued Notice of Violation. You need to
re -submit your plan, with a planting spacing of at least 10' x 10' for trees and a 4' x 4' for shrubs.
Additionally, the diameter for the planted trees must be a minimum of 5" dbh. Also, your plan needs a
completion deadline for these plantings of no later than April 15, 2010. Lastly, this office has not received
a response for the Construction Stormwater Permit violation. You must respond to this request by no later
than the close of business on December 14, 2009.
Thank you for your attention to this matter. Should you have any questions regarding these matters, please
contact Kevin Barnett at [phone].
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: David Poore, P.E.
West Consultants, PLLC, 405 South Sterling Street, Morganton, North Carolina 28655
John Hennessy — NPS Assistance and Compliance Oversight Unit
ARO File Copy
DWQ Central Files
Division of Land Resources
Burke County Planning
G:\WPDATA\DEMWQ\Burke\401 s\McCombs.NOV20090P0058.FollowuptoNOVresponse.doc
SURFACE WATER PROTECTION SECTION —ASHEVILLE REGIONAL OFFICE 7�TOne
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 1 �I ofthCaro1111a
Phone: [phone]\ FAX: [phone] \ Customer Service: 1-877-623-6748
Internet: www,ncwaterquality.org atumllff
An Equal Opportunity \ Affirmative Action Employer

AN.M.'Ma
A.
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 25, 2009
CERTIFIED MAIL
Mr. Johnny Norton, Mayor
Town of Hot Springs
Post Office Box 218
Hot Springs, North Carolina 28743
SUBJECT: Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1)
and Collection System Permit WQCSDO086
Town of Hot Springs
Hot Springs Collection System
Case No. DV-2009-0050
Madison County
Dear Mayor Norton:
This letter transmits an assessment of civil penalty in the amount of $4,067.00 ($4,000.00 civil
penalty + $67.00 enforcement costs) against Town of Hot Springs.
Dee Freeman
Secretary
This assessment is based upon the following facts: The Town of Hot Springs failed to submit a 5-
day report for the sanitary sewer overflow which was observed by Regional staff on 10/07/2009.
Permit requirements state that a 24-hours verbal notification is required followed by a 5 day report.
This review has shown the subject facility to be in violation of the requirements found in
Collection System Permit WQCSDO086 and G.S. 143-2:1.5.1(a)(1). The violatioris that occurred
are summarized in Attachment A to this letter.
Based. upon the above facts, I conclude as a matter of law that Town of Hot Springs violated the
terms, conditions or requirements of Collection System Permit WQCSDO086 and G.S. 143
215.1(a)(1) in the manner and extent shown in Attachment A. In accordance with the maximums
established by G.S. 143-215.6A, a civil penalty may be assessed against any person who violates
the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with aut'rority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
b/6.)'!�
SURFACE WATER PROTECTION SECTION - ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 j��One 1
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 j V oral C `arolin a
Internet: www.ncwaterquallty.org
An equal opportnnitytAffrmaGveAc6on Employer G:IWPDATAIDEMWQIMadisonlHot Springs Collection System

Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Town of Hot Springs.
$4,000.00 TOTAL CIVIL PENALTY
$67.00 ENFORCEMENT COST
$4,067.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282. 1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the attention
of:
Pretreatment Emergency Response and Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Ko
1. 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

atement that establishes why you believe the civil penalty should be remitted, and submit it to the
Division of Water Quality at the address listed below. In determining whether a remission request
will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1 (b) was
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed "Justification for Remission Request." Both forms should
be submitted to the following address:
Pretreatment Emergency Response and Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Roger C. Edwards
Surface Water Protection Section Supervisor
Division of Water Quality
Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, NC 28778
WN
M#
2. 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]
u1l
Mail or hand -deliver a copy of the petition to
Mary Penny Thompson, Registered Agent
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
am
Pretreatment Emergency Response and Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
Please be advised that any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty. If you have any questions about this civil penalty assessment,
please contact Jeff Menzel of the Water Quality Section staff of the Asheville Regional Office
at 828-296-4500.
Date R gi ' al Supervisor
Water Quality Regional Supervisor
Asheville Region
ATTACHMENTS
cc: Regional Supervisor w/ attachments
PERCS Unit Enforcement File w/ attachments
Central Files w/ attachments

JF NORTH CAROLINA
,tyNTY OF MADISON
d THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
TOWN OF HOT SPRINGS
HOT SPRINGS COLLECTION SYSTEM
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
1
FA 1
FILE NO. DV-2009-0050
Having been assessed civil penalties totaling $4 067.00 for violation(s) as set forth in the assessment
document of the Division of Water Quality dated November 25 , 2009, the undersigned, desiring to seek
remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated
matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further
understands that all evidence presented in support of remission of this civil penalty must be submitted to the
director of the Division of Water Quality with thirty (30) days of receipt of the notice of assessment. No new
evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of
assessment.
This the
day of
TELEPHONE
SIGNATURE
Fill

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV-2009-0050 County: MADISON
Assessed Party: TOWN OF HOT SPRINGS
Permit No.:WQCSD0086 Amount Assessed: $4,067.00
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For
Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts " form to request remission
of this civil penalty. You should attach any documents that you believe support your request and are necessary
for the Director to consider in evaluating your request for remission. Please be aware that a request for
remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of
the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting
whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Pursuant to N.C.G.S. § 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 penally will prevent you from performing the activities necessary to
achieve compliance).
EXPLANATION:

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NCDENR
North Carolina Department of Environment and Natural resources
Division of Water Quality
Beverly Eaves PerLlue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 25, 2009
Mr. Ben Goldstein, Manager
Versant Properties, LLC
11232 Oberlin Road
Raleigh, NC 27605
Subject:, Request for More Information
401 Water Quality Certification
Versant
DWQ Project # 06--1901-V3
Buncombe County
Response deadline: December 28, 2009
Dear Mr. Goldstein:
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. There appears to be conflicting information on the North Carolina Secretary of State's database
regarding the registered agent for Versant Properties, LLC. That corporation database lists Mr.
Robert L. Richey as the registered agent. Mr. Richey must sign the application or you, Mr.
Goldstein, must be listed as the registered agent in order for the application to be valid.
It is the DWQ's understanding that Versant Properties, LLC wishes to remove a portion of the previously
approved surface water impacts [ref. 401 Water Quality Certification dated April 29, 2008, DWQ Project 406-
190a ver3]. Please be aware that should any future impacts be approved, those impacts may trigger mitigation
and will be counted for overall impact at the site.
Location: 2090 U.S, Highway 70, Swannanoa, Noi i'h Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.nowaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
One
No.a.h.Cat-olina

Mr. Goldstein
November 25,2009
Page 2 of 2
Please provide your response in writing to the addresses below prior to December 28, 2009. Four copies of the
required information should be provided to the 401 Permitting Unit at:
Ms. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
and a single copy to the Asheville Regional Office at:
Susan A. Wilson, P.E.
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 828-296-4500, if you have any questions.
Sincerely,
y-7) 8 - . —•
it
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Lori Beckwith - US Army Corps of Engineers Asheville Field Office
David McHenry - North Carolina Wildlife Resources Commission
Cyndi Karoly - 401 Permitting Unit
Buncombe County Planning
Beth Bailey, Oldham Planning & Design Associates, Inc.
1415 South Church St., Suite I, Charlotte, NC 28203
ARO File copy
G:\WPDATA\DEMWQ\Buncombe\401s\Versant\Addlnfo 11 2009.doe

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CMNR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 30, 2009
Carol F Harris
594 Cowan Cove Road
Asheville NC 28806
SUBJECT: Compliance Evaluation Inspection
594 Cowan Cove Road
Permit No: NCG550429
Buncombe County
Dear Mrs. Harris:
Enclosed please find a copy of the Compliance Evaluation Inspection conducted
on November 24, 2009. The facility appeared to be in Compliance with permit
NCG550429.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500.
Sincerely,
Jeff Menzel
Environmental Specialist
cc: Central Files
Asheville Files
SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE '94 One cation: 2090 U.S. Highway 70, Swannanoa, NC 28778 NOrthCarOhria
Phone: [phone]\FAX: [phone]\Customer Service: 1-877-623-6748 /
Internet: www.ncwaterauality.org G:\WPDATA\DEMWQ\Buncombe\SFR's NCG55 Naturalltf

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North Carolina Department of Environment and Natural Resources
Division of dater Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
November 30, 2009
Mr. James Chandley and Ms. Judith Chandley
6470 NC Hwy 212
Marshall, NC 28753
SUBJECT: NOTICE OF VIOLATION
DWQ Tracking Number: NOV-2009-SS-0047
401 Water Quality Certification (WQC) Conditions
Removal of Best Usage
Madison County
Response deadline: December 17, 2009
Dear Mr. Chandley and Ms. Chandley:
On November 18, 2009, Susan A. Wilson and Linda Wiggs from the Asheville Regional Office of
the Division of Water Quality (DWQ) conducted a site inspection along Shelton Laurel Creek at
6470 NC Highway 212 in Madison County.
Water Quality 401 certification violations and loss of best usage were noted during the inspection.
Unauthorized fill material (soil/rocks) to Shelton Laurel Creek, a Class C Trout ORW/HQW water
body in the French Broad River Basin, was noted, constituting certification and standard
violations. It appeared that fill material (rocks/soil) had been pushed into the creek to create an
impoundment -type structure.
As a result of the site inspection, the following violations, detailed below, were noted:
I 401 Water Quality Certification (WQC) Condition Violations
II Removal of Best Usage 15A NCAC 0213.0211 (2)
SURFACE WATER PROTECTION SECTION —ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
ne
NorthCarolina
;Vaturalltf

Mr. James Chandley and Ms. Judith Chandley
November 30, 2009
Page 2 of 3
VIOLATIONS
I. 401 WQC Condition Violations — Any project that involves impact to surface waters or
wetlands requires authorization through the Army Corp of Engineers and/or authorization
through the Division of Water Quality. A file review indicates that no authorization from
either agency has been issued to you for the activity noted above, therefore, you are in
violation of 401 Water Quality Certification conditions. Additionally, it is likely that the
activity would never be permitted due to the sensitive nature of the water body (ORW —
Outstanding Resource Water; HQW — High Quality Water) and that other alternatives to
the impact are available.
II. Removal of Best Usage —15A NCAC 02B.0211 (2) — Greater than an area of
approximately 20 feet x 20 feet of Shelton Laurel Creek was impacted by the soil/rock fill
material, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211
(2)•
REQUIRED RESPONSE
This Office requests that you respond in writing by December 17, 2009. Your response should be
sent to both the attention of Susan A. Wilson, Division of Water Quality, 2090 US HWY 70,
Swannanoa, NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch, NPS
Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
Your response should address the following items:
I. 401 WQ Certification
a. Clearly explain why you did not attempt to secure appropriate 401 Water Quality
Certification and a 404 Permit.
II. Removal of Best Usage —15A NCAC 02B.0211 (2)
a. Please explain why these impacts occurred without prior authorization.
b. Please provide documentation (including a detailed site map/survey) depicting all
jurisdictional water features (e.g. streams, wetlands, buffers) on the site. This
documentation should describe and quantify the impacts to those jurisdictional
features, and should include plans to avoid further stream and wetland impacts on
the site.
c. Please submit the following documents for review and approval:
® Stream Restoration Plan (fill impacts) — Please explain how you plan to restore
the pattern, profile and dimension of the impacted stream channel to include the
removal of fill material. The streambed must be restored to the original profile,
the stream banks must be stabilized, and any fill material must be removed from

,nandley and Ms. Judith Chandley
r 30, 2009
of 3
the riparian zone. Replanting of the riparian zone will be required. Satisfactory
stream restoration requires planting in accordance with the EEP Publication
"Guidelines for Riparian Buffer Restoration". This document is available
electronically at http://www.nceep.net/news/reports/buffers.pd
• Please indicate in your response a detailed schedule with dates explaining when
the restoration will be accomplished.
® It is required that you contact the Division of Land Resources and the U.S.
Army Corps of Engineers. These contacts are necessary to ensure that your
restoration efforts are in compliance with the Sedimentation Pollution Control
Act and Section 404 of the Clean Water Act.
Thank you for your attention to this matter. This office requires that the violations, as detailed
above, be abated immediately. These violations and any future violations are subject to a
civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any
questions regarding these matters, please contact Susan A. Wilson at [phone].
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: John Hennessy — NPS Assistance and Compliance Oversight Unit
ARO File Copy
DWQ Central Files
Division of Land Resources
Madison County Planning
David Baker, ACOE
G:\WPDATA\DEMWQ\Madison\Complaints\Bourbon st - Shelton Laurel\NOV Chandley 11 2009.doc

Dee Freeman
Secretary
November 30, 2009
Clement Riddle
C1earWater Environmental Consultants
718 Oakland Street
Hendersonville, NC 28791
Subject: 401 Water Quality Certification - Approval
Riddle Seawall Repair — Dock Expansion
DWQ Project # 09-1064
Rutherford County
BRD0l / Broad River (Lake Lure) / 9-(17) / B; Tr
Dear Mr. Riddle:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
,Approval has been granted to place fill within or otherwise impact 0.0025 acres of open waters for the purpose
of seawall 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 3693. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including (but not limited to) Erosion and Sediment
Control and trout buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Waters 0.0025 (acres) Drawing
Location: 2090 U.S, Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterqual4.org
An Equal Opportunity 1 Affirmative Action Emplover
NorthCarolina
NwAorally

Clement Riddle
November 30, 2009
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Chuck Cranford in the Asheville Regional Office at
828-296-4664.
Sincerely,
Coleen H. Sullins, Director
CHSlcbc
Eric: GC3693
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit — Central Office
File Copy
G:\WPDATATEMWQ\Rutherford\401s\Riddle\09-1064 Approval_11-25-09.doe