DWR SWP Read File Archive Dec 2007

Michael F.Easley,Governor
G William G.Ross Jr.,Secretary
1 p North Carolina Department of Environment and Natural Resources
%� u a=a
Coleen H.Sullins,Director
Division of Water Quality
.December 1, 2007
DWQ Project# 07-1647
Cheroke County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED 7006 3450 0002 7064 2059
Glen Frank
Hard Rock mine, Inc.
Post Office Box 128
Epworth, GA 30541
Subject Property: Hard Rock Mine
Cherokee County
REQUEST FOR MORE INFORMATION
Dear Mr. Frank.-
On October 5, 2007, the NC Division of Water Quality received your application for
stream impacts with respect to your proposed restoration along NC Highway 64 in
Cherokee County, NC. Based on our review of your submitted application, the DWQ
has determined that your application 'was incomplete and/or provided inaccurate
information as discussed below. The DWQ will require additional information in order to
process your application to impact protected wetlands and/or streams on the subject
property. Therefore, unless we receive the additional information requested below, we
will have to move toward denial of your application as required by 15A NCAC 2H .0506
and will place this project on, hold as incomplete until we receive this additional
information. Please provide the following information so that we may continue to review
your project.
Additional Information Requested:
1. 15A NCAC 02H .0506 (f) requires that "a lack of practical alternatives" be
demonstrated. No discussion in regards to developing the project (both the mining
activity and the adjacent subdivision) without the impacts requested has been
presented. As the NC Division of Land Resources has determined that your mining
application was not necessary as',all of your mined mineral product will be used in
the adjacent development, and that because the two activities are concurrent, you
must show why the mining impacts were necessary as a part of your development.
Additionally, as you stated in the joint agency meeting with you, your attorney, and
your consultant, that you have an'', on-site mining opportunity which would not have
required any waters impacts, you must clarify why these impacts took place..
NorthCarolina
401 Wetlands Certification Unit �lltllPGl��l�
1650 Mail Service Center,Raleigh,North Carolina 27699-1650
2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604
Phone: [phone]/FAX [phone]/Internet:htto://h2o enr state nc us/ncvvetlands
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

Hard Ro.
Pao,,
December
Lastly, a discussion regarding practical alternatives with respect to a reduction of
impacts must be presented for the impacts which have occured on the adjacent
development property as well..
2. Application Item III requires a detailed site plan showing property boundaries and
development plans in relation to surrounding properties. No such plan was
submitted as part of the application which includes all adjacent development plans
and impacts.
3. Application Item 111. 10. requests a description of the overall project. Your
submitted application details the requested restoration, but fails to describe the
remaining impacts on the adjacent Wilderness Creek Falls property. You must
review the instructions for Application item III. and provide not only site plans, but
proposed building sites, a delineation of all streams and wetlands within the
project boundary, and land use descriptions such that the agencies can
determine potential collective impacts related to your project.
4. Application Item XI. Requests a stormwater management description for the
entire development, for the life of the development. You application states that
the mining activity does not exceed 20% imperviousnes. This in no way
addresses long term stormwater management for the site. You must provide a
detailed description as to how stormwater will be managed for the life of the
development, including, but not limited to, areas of concentrated imperviousness
5. While reviewing the attached stream restoration plan package, the following
items were noted:
Under Existing Site Condition that the stream is "highly unstable" and
"highly erosive," neither of which are characteristic of Rosgen A type
streams.
Under Reference Reach, no submission has been received, nor any data
received to allow the use of an Unnamed Tributary to North Potato Creek
was received by any of the resource agencies, as a reference reach.
Under Restoration Plan, you state that you intend to "relocate and
restore 870 [linear] feet of stream to its original form." As the proposed
restoration site (and former location of the stream) has been mined for its
mineral content, you have provided no discussion as to how the "original
form" will be achieved in the altered geomorphic site.
Under Construction Plan and Specifications, you state that the "existing
topography surveys show three major drops." At the time of the on-site
inspections of the Division of Water Quality, there were only two rock

Hard Ronck Mine
Page 3of 4
December 1,2007
faces exposed. Additionally, the submitted photographs included in this
plan only show two drops.
Under Rock Veins, you state that veins "will be used to provide grade
control." Veins, and other installed structures are not typical of Rosgen A
type streams.
The submitted Restoration Overview with Topo does not include any
type of ley to identify what is being proposed.
The submitted Proposed Plan View includes pools, glides, riffles, and run
features as part of the restoration. Rosgen type A streams do not contain
glides and riffles as part of the step pool geomorphology. It appears that
the submitted plan is for a two type stream system where the proposed A
type stream segments will be short portions of the overall stream with the
longer connecting stream segment being of another Rosgen stream type.
The submitted Cross Vein Typical provides no guidance as to how
structure rock will be sized. There are no sizing criteria nor any shear
stress ananlysis provided for said sizing.
The above comments need to be quantified, addressed, or otherwise explained
in sufficient detail in order for this package to be further processed.
Please respond before the close of business on January 2, 2008 by sending four copies
of this information to the 401 Permitting Unit at:
Mrs. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
and a single copy to the Asheville Regional Office at:
Kevin Barnett
Surface Water Protection Section
2090 US HWY 70
Swannanoa, NC 28778
If we do not hear from you before January 2, 2008, we will assume that you no longer
want to pursue this project and we will consider the project as withdrawn.
This letter only addresses the 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 Mr.

Hard Rol
Page
December 1,2L
Kevin Barnett at 828-296-4657 if you have any questions regarding or would like to set
up a meeting to discuss this matter.
Sincerely,
i
4vin Barnett, Environmental Specialist
Division of Water Quality
Surface Water Protection Section
RCE/khb
cc: Kevin Mitchell
Wetland and Natural Resource Consultants
Post Office Box 882
Canton, NC 28716
USACE Asheville Regulatory Field Office
David McHenry, Wildlife Resources Commission
Cyndi Karoly, 401 /Wetlands Unit
File Copy
Central Files
Filename: 07-1647.Hard RockMine.Add-Info

AT�� Michael P.Easley,Governor
r William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resorn-ces
Coleen H.Sullins,Director
Division of Water Quality
SURFACE WATER PROTECTION SECTION
December 3, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED —7006 3450 0002 7064 2066
Ms. Kelly Laughter
Fletcher Grading
Post Office Box 928
Fletcher, North Carolina 28732-0928
Subject: Notice of Violation
Unnamed Tributary to Avery's Creek
Buncombe County, North Carolina
Dear Ms. Laughter:
Observations made on November 28, 2007 revealed that Fletcher Grading might have
performed work in the regulated zone of an unnamed tributary to Avery's Creek. Please be advised
that no work may occur within the normal water line of an[ stream prior to receipt of the
appropriate permit from the United States Army Corps of Engineers along with certification from the
North Carolina Division of Water Quality.
To protect property along the stream and the channel itself, disturbed banks of the stream
should be stabilized with seeding and appropriate plantings. Attached is a guide entitled, "Riparian
Seeding and Planting Guidelines". After seeding, establishment of sufficient shrub type vegetation,
would be recommended. Appropriate shrubs (and perhaps small trees)would prevent sloughing
and crumbling of the stream bank ultimately protecting the surface area of properties adjacent to
the stream. The last page of the attachment specifically discusses "streamside woody vegetation".
In addition to above described requirements concerning work in a stream channel, the
water quality classification of a stream may mandate preservation of buffers along the channel. As
Fletcher Grading Company would be expected to frequently work near streams, they might wish to
check stream classifications at the web site,
http://h2o.enr.state.nc.us/bims/reports/reportsWB.htm1.
If there are questions concerning buffer requirements or other stream related matters,
contact this agency at telephone number 828-296-4500. Please advise this agency concerning
Fletcher Grading Company's plans or actions to stabilize the unnamed tributary to Avery's Creek
adjacent to their property.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
One
N Ortb Carolina
;Nlltll!'ll��f
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 FAX [phone] ClrStOnIff'877,62Eervice
-6748
Internet: www..ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer-50%Recycledi10%Post Consumer Paper

i Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
r�' Coleen H.Sullins,Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
December 3, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 7064 2042
Ms. Beverly L. Schwing
Pine Mountain Property Owners Association
8456 Wards Gap Road
Connelly Springs, North Carolina 28612
Subject: NOTICE OF VIOLATION
NOV-2007-MV-0112
Permit No. NCO036935
Pine Mountain Lakes WWTP
Burke County
Dear Ms. Schwing:
A review of Pine Mountain Lakes WWTP's monitoring report for June 2007 showed the
following violations:
Parameter Date Measuring Violation
Frequency
Total Nitrogen June 2007 Quarterly Failure to Monitor
Total Phosphorus June 2007 Quarterly Failure to Monitor
It was also noted that the Compliance Status was missing from the Facility Status Box on
the back of the Discharge Monitoring Report for June.
Remedial actions, if not already implemented, should be taken to correct any problem. The
Division of Water Quality may pursue enforcement actions 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.
NcorthCarolina
naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 1-877-623-6748

Ms. Beverly L. Schwing
December 3, 2007
Page 2
If you should have any questions, please do not hesitate to contact Janet Cantwell or me at ' .
828/296-4500.
Sincerely,
Roger C. dwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
Cc: WQ Asheville Files
WQ Central Files
Bob Guerra/ Enforcement Files
Kace Environmental, Inc./ ORC

Michael F.Easley,Governor
`A T, - William G.Ross Jr.,Secretary
Q� North Carolina Department of Environment and Natural Resources
^' }7 Coleen H.Sullins,Director
Division of Water Quality
December 4, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED — 7006 3450 0002 7064 2028
Mr. Thomas E. Hartye, PE
Metropolitan Sewerage District of Buncombe County
2028 Riverside Drive
Asheville, North Carolina 28804
Subject: NOTICE OF VIOLATION
Permit No. WQCS00004
Metropolitan Sewerage District of Buncombe County (MSD)
MSD Collection System
Buncombe County
Dear Mr Hartye:
A review has been conducted of the MSD's Collection System self reported Sanitary
Sewer Overflow (SSO) 5-Day Report. This review has shown the subject facility to be
in violation of the requirements found in the MSD's Collection System Permit
(WQCS00004) and/or G.S. 143-215.1(a)(1). The violation is summarized below-
NOV# Violation Location Violation
Date Type
NOV-2007-DV-0315 11/06/2007 1745 Hendersonville Road Discharge
Without Valid
Permit
The Division of Water Quality may pursue enforcement action for this and any
additional violations of State law. You should take remedial action in response to this
incidents. Remedial action should include identification of the cause of the SSO and
implementation of all measures necessary to prevent recurrence.
NorthCarolina
�GZtlll'G7�/�
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet:wwwncwaterquality.org FAX [phone]

Please note that due to the continued high numbers of SSOs in North Carolina the
Division has implemented a new SSO enforcement policy that became effective on May
15, 2007. Between May 15, 2007, and June 1, 2007 the Division of Water Quality
contacted collection system operators to inform them of this policy. Beginning June 1,
2007 and lasting through December 1, 2007 any reportable SSO will result in the
issuance of a Notice of Violation (NOV). Beginning on December 1, 2007 civil penalties
will be assessed for SSOs based on volume, volume reaching surface waters, duration,
gravity, 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 spill history,
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 NOV or our policy relating to issuance of NOVs
or Civil Penalties for SSOs please contact Roy Davis in our Asheville Regional Office at
828-296-4659.
Sincerely,
Roger C. Edwards, Regional Supervisor J
Surface Water Protection Section
Division of Water Quality
Asheville Region
Cc: PERCS Unit
Surface Water Protection Section Central Files
Barry Cook, CSORC, MSD
Roy Davis

AAT
Michael F.Easley,Governor
William G.Ross Jr.,Secretary
�r North Carolina Department of Environment and Natural Resources
"x y' Coleen H.Sullins,Director
r
Division of Water Quality
December 4, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED — 7006 3450 0002 7064 2035
Mr. Don Danford, Water Resource Director
City of Morganton
Post Office Box 3448
Morganton, North Carolina 28680-3448
Subject: NOTICE OF VIOLATION
Permit No. WQCS00028
City of Morganton
Morganton Collection System
Burke County
Dear Mr Danford:
A review has been conducted of the Morganton Collection System's self reported
Sanitary Sewer Overflow (SSO) 5-Day Report. This review has shown the subject
facility to be in violation of the requirements found in Morganton's Collection System
Permit (WQCS00028) and/or G.S. 143-215.1(a)(1). The violation is summarized below:
NOV # Violation Location Volume
Date
NOV-2007-DV-0314 11/07/2007 Dana Park Outfall 8,000 gallons
The Division of Water Quality may pursue enforcement action for this and any
additional violations of State law. You should take remedial action in response to this
incident. Remedial action should include identification of the causes of the SSO and
implementation of all measures necessary to prevent recurrence.
Please note that due to the continued high numbers of SSOs in North Carolina the
Division has implemented a new SSO enforcement policy effective on May 15, 2007.
Between May 15, 2007 and June 1, 2007 the Division of Water Quality contacted
collection system operators to inform them of this policy. Beginning June 1 , 2007 and
North Carolina
VCltlll'lll�lt/
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet:wwwncwaterquality.org FAX [phone]

lasting through December 1, 2007 any reportable SSO will result in the issuance of a
Notice of Violation (NOV). Beginning on December 1, 2007 civil penalties will be
assessed for SSOs based on volume, volume reaching surface waters, duration,
gravity, 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 spill history,
the cost of rectifying the damage, whether the spill was intentional and whether money
was saved by non-compliance. This SSO, were it to have occurred after December 1,
2007, would probably have resulted in the assessment of a Civil Penalty.
If you have any question regarding this NOV or our policy relating to issuance of NOVs
or Civil Penalties for SSOs please contact Roy Davis in our Asheville Regional Office at
828-296-4659.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Division of Water Quality
Asheville Region `
Cc: PERCS Unit
Roy Davis
Surface Water Protection Section Central Files

vgATfi Michael F.Easley,'Governor
William G.Ross Jr.,Secretary
Q North Carolina Department of Environment and Natural Resources
1� Coleen H.Sullins,Director
Division of Water Quality
December 4, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED — 7an6 � 5a ®�®2 �0�� ®��' _
Mr. Martin Lashua, Regional Manager
Carolina Water Service, Inc. of North Carolina
Post Office Box 240908
Charlotte, North Carolina 28224
Subject: NOTICE OF VIOLATION
Permit No. WQCS00227
Carolina Water Service, Inc. of North Carolina
Fairfield Sapphire Collection System
Jackson County
Dear Mr Lashua:
A review has been conducted of the Fairfield Sapphire's Collection System self
reported Sanitary Sewer Overflow (SSO) 5-Day Report. This review has shown the
subject facility to be in violation of the requirements found in the Fairfield Sapphire
Collection System Permit (WQCS00227) and/or G.S. 143-215.1(a)(1). The violations
are summarized below:
NOV# Violation Location Violation
Date ::: Type
NOV-2007-DV-0313 11/18/2007 Pump Station # 4 Discharge
Without Valid
Permit
The Division of Water Quality may pursue enforcement action for this and any
additional violations of State law. You should take remedial action in response to this
incident. Remedial action should include identification of the cause of the SSO and
implementation of all measures necessary to prevent recurrence.
ou,
NorthCarolina
��Glflll'GI/��
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)2gg-4043 Customer
m2 Service
Internet:wwwncwaterquality.org

Please note that due to the continued high numbers of SSOs in North Carolina the
Division has implemented a new SSO enforcement policy that became effective on May
15, 2007. Between May 15, 2007, and June 1, 2007 the Division of Water Quality
contacted collection system operators to inform them of this policy. Beginning June 1,
2007 and lasting through December 1, 2007 any reportable SSO will result in the
issuance of a Notice of Violation (NOV). Beginning on December 1, 2007 civil penalties
will be assessed for SSOs based on volume, volume reaching surface waters, duration,
gravity, 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 spill history,
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 NOV or our policy relating to issuance of NOVs
or Civil Penalties for SSOs please contact Roy Davis in our Asheville Regional Office at
828-296-4659.
Sincerely,
Roger C. dwards, Regional Supervisor
Surface Water Protection Section
Division of Water Quality
Asheville Region
Cc: PERCS Unit
Surface Water Protection Section Central Files
Edwin McFalls, CSORC, Fairfield Sapphire
Roy Davis

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
y. North Carolina Department of Environment and Natural Resources
Coleen 1-I.Sullins,Director
.Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
December 5, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 7064 2004
Garland Norton, Mayor
Town of Old Fort
PO Box 520
Old Fort NC 287620520
Subject: NOTICE OF VIOLATION
NOV-2007-LV-0563
Permit No. NCO021229
Old Fort WWTP
McDowell County
Dear Mayor Norton:
A review of Old Fort WWTP's monitoring report for August 2007 showed the following violations:
Parameter Date Limit Value Reported Value Limit Type
Solids, Total Suspended 08/25/07 45 mg/I 51.83 mg/I Weekly
Average
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments
section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not
requested that a response be submitted
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 which to consider applying for a Special Order by Consent. You
may contact of this Office for additional information.
If you should have any questions, please do not hesitate to contact Keith Haynes or me at 828/296-4500.
Sincerely,
1-04
Roger C. Edwards, Regional Supervisor
Surface Water Protection
cc: WQ Central Files
ARO
NPDES Unit One
NorthCarolina
'1CItlll-all f
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer
Service
vruvvr.r c•,atercauality_.c FAX [phone] 1-877-623-
Internet:
6748

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-.
`_
_. ._ ___

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
? ;
North Carolina Department of Environment and Natural Resources
g Coleen H.Sullins,Director
r...
Division of Water Quality
r. Asheville Regional Office
SURFACE WATER PROTECTION
December 5, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 7064 1991, -�
Garland Norton, Mayor
Town of Old Fort
PO Box 520
Old Fort NC 287620520
Subject: NOTICE OF VIOLATION
NOV-2007-LV-0562
Permit No. NCO021229
Old Fort WWTP
McDowell County
Dear Mayor Norton:
A review of Old Fort WWTP's monitoring report for September 2007 showed the following violations:
Parameter Date Limit Value Reported Value Limit Type
Cyanide, Total (as Cn) 09/15/07 18 ug/I 35 ug/I Weekly
Average
Exceeded
Cyanide, Total (as Cn) 09/11/07 22 ug/l 35 ug/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 Keith Haynes.
'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 which to consider applying for a Special Order by Consent. You
may contact of this Office for additional information.
If you should have any questions, please do not hesitate to contact Keith Haynes or me at 828/296-4500.
Sincerely,
E,
Roger C. Ed ards, Regional Supervisor
Surface Water Protection
- cc: WQ Central Files
NPDES Unit
ARO o,r
NorthCarolina
,7Vatu1W11y
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer
Service FAX [phone] 1-877-623-
Internet: yv,,%_nc+;ate~auawv.crq
6748

Michael F.Easley,Governor
William G.Ross.1r.,Secretary
: r North Carolina Department of Environment and Natural Resources
r Coleen H.Sull ins,Director
Division of Water Quality
-• Asheville Regional Office
SURFACE WATER PROTECTION
December 5, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 7064 1984
Johnny Brown, Mayor
Town of Andrews
PO Box 1210
Andrews NC 28901
Subject: NOTICE OF VIOLATION
NOV-2007-LV-0558
Permit No. NCO020800
Andrews WWTP
Cherokee County
Dear Mayor Brown:
A review of Andrews WWTP's monitoring report for August 2007 showed the following violations:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 08/04/07 400 #/100ml 441.54 #/100m1 Weekly
Broth,44.5C Geometric
Mean
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments
section on the reverse of the relevant DMR did not provide an adequate explanation for the subject violation, it
is requested that a response be submitted to the attention of Keith Haynes.
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 which to consider applying for a Special Order by Consent. You
may contact Mr. Haynes of this Office for additional information.
If you should have any questions, please do not hesitate to contact Mr. Haynes or me at 828/296-4500.
Sincerely,
4
Roger C. Edwards, Regional Supervisor
Surface Water Protection
CC'. WQ Central Files
NPDES Unit onz
NorthCarolina
ARO Yattmall ff
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer
Service FAX [phone] 1-877-623-
Internet: .:Jvv:.nc aPeuallVY,crcl
6748 —

Michael F.Easley,Governor
r William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
pr-
Asheville'A
Coleen H.Sullins,Director
Division of Water Quality Regional Office
SURFACE WATER PROTECTION
Mr. James Fatland, Town Manager
Town of Tryon
301 North Trade Street
Tryon, North Carolina 28782
Subject: Compliance Evaluation Inspection
Permit No. WQCS00111
Town of Tryon
Wastewater Collection System
Polk County
- Dear Mr. Fatland:
Attached is the report resulting from the Collection System Permit Compliance Evaluation
Inspection which I conducted on December 4, 2007. The Town of Tryon is doing a fine job of
taking care of its wastewater collection system.
I observed that the Town of Tryon does not own a closed circuit television camera for interior
inspection of sewer lines. Town personnel charged with responsibility of collection system
maintenance would benefit from purchase of such a unit. Many Towns find that the cost of a
camera is quickly offset by reduced need to perform point repairs as a result of better information
regarding the cause of blockages.
Following are observations resulting from my inspection:
(1) The Town of Tryon needs to insure that all remote portions of the collection system are
inspected annually and those inspections documented.
(2) The Town's Spill Response Action Plan needs to be modified by the addition of discussion
of anticipated response times in event of a collection system emergency.
(3) The Town is making good progress with in-house collection system map improvement.
Items remaining to be addressed are: pipe material, pipe age and location of service taps.
Location of service taps may be indicated by superimposing the collection system map
over an aerial photo of the service area. It will be presumed that each building shown will
have a service tap.
2090 U.S. Highway 70, Swannanoa,N.C. 28778 828/296-4500(Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 NorthCu-olina

\
Please do not hesitate to call me at 828-296-4659 should you need to discuss any aspect of this
report. i very much appreciate the effort being made by Town personnel in maintenance and
-- operation of- e coHec�ion sys-tem. -- — - -- --- -
Sincerely,
R--&�DN
Roy M. Davis
Environmental Engineer
CC' Joel Burrell, Town of Tryon
PERCS Files
Surface Water Protection Section Central Files

Compliance Inspection Report
.rmit: WOCS00111 Effective: 04/06/04 Expiration: 03/31/09 Owner: Town of Tryon
SOC: Effective: Expiration: Facility: Tryon Collection System
County: Polk 423 N Trade St
Region.--Ashevi+le — -- — — — — — --
Tryon NC 28782
Contact Person: Jim Fatland Title: Phone:
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-;iite Representative(s):
Related Permits:
NC0021601 Town of Tryon-Tryon WWTP
Inspection Date: 12/04/2007 Entry Time: 09:00 AM Exit Time: 11:15 AM
Primary Inspector: Roy M Davis Phone: [phone]
Ext.4659
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Collection system management and operation
Facility Status: ® Compliant ❑ Not Compliant
Question Areas:
®Miscellaneous Questions ®Performance Standards ®Operation&Maint Reqmts ®Records
®Monitoring& Rpting ®Inspections ®Manhole ®Lines
Reqmts
(See attachment summary)
Page: 1

Permit:WQCS00111 Owner-Facility: Town of Tryon
Inspection Date: 12/04/2007 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
The Town of Tryon is doing a fine job of taking care of its wastewater collection system.
Town personnel charged witfi maintenance and oeratin of the collection system would benefit from purchase of a closed
-- -
circuit television camera. Many people find that cost of such a unit is quickly recovered by reduced need to perform point
repairs.
The Town needs a system to insure that all remote portions of collection system are inspected and that inspection is
documented..
The Town's Spill Response Action Plan needs to be modified by the addition of discussion of anticipated response time in
event of an emergency.
The Town is making good progress with in-house collection system map improvements. Items remaining to be addressed
are; pipe material, pipe age, and location of service taps. Location of service taps may be indicated by superimposing
map of collection system over aerial photo of service area. It is presumed that each building shown will have a service
tap.
Page: 2

Permit:WQCS00111 Owner-Facility: Town of Tryon
Inspection Date: 12/04/2007 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Performance Standards Yes No NA NE
Is Public Education Program for grease established and documented? ® n n n
What educational tools are used?
Direct mailings and brocures at Town Hall.
Is Sewer Use Ordinance/Legal Authority available? n n n
Does it appear that the Sewer Use Ordinance is enforced? n n
Is Grease Trap Ordinance available? ® n n n
Is Septic Tank Ordinance available(as applicable, i.e. annexation) ® n n n
List enforcement actions by permittee, if any, in the last 12 months
None
Has an acceptable Capital Improvement Plan(CIP)been implemented? ® fl n n
Does CIP address short term needs and long term\"master plan\"concepts? ® ❑ n n
Does CIP cover three to five year period? ® n n n
Does CIP include Goal Statement? ® n ❑
Does CIP include description of project area? ® n n
Does CIP include description of existing facilities? ® n n n
Does CIP include known deficiencies? ® n n
Does CIP include forecasted future needs? ® n ❑ n
Is CIP designated only for wastewater collection and treatment? ® n n n
Approximate capital improvement budget for collection system? $93,000.00
Total annual revenue for wastewater collection and treatment? $506,000.00
CIP Comments
Good CIP
Is system free of known points of bypass? ■ n n n
If no,describe type of bypass and location
NA
Is a 24-hour notification sign posted at ALL pump stations? n n ® n
#Does the sign include:
Instructions for notification? n ❑
Pump station identifier? n n ® n
24-hour contact numbers n n ® n
If no, list deficient pump stations
- Town owns no pump stations.
Page: 3

Permit:WOCS00111 Owner-Facility: Town of Tryon
Inspection Date: 12/04/2007 Inspection Type: Compliance Evaluation Reason for Visit: Routine
#Do ALL pump stations have an"auto polling"feature/SCADA? ❑ ❑ ■
Number of pump stations 0
Number of pump stations that have SCADA 0
Number of pump stations that have simple telemetry o
Number of pump stations that have only audible and visual alarms 0
Number of pump stations that do not meet permit requirements 0
#Does the permittee have a root control program? n ■ n I_1
#If yes,date implemented?
Describe:
NA
Comment: NA
Inspections Yes No NA NE
Are maintenance records for sewer lines available? ■ n ❑ n
Are records available that document pump station inspections? n n ■
Are SCADA or telemetry equipped pump stations inspected at least once a week? n n ■ n
Are non-SCADA/telemetry equipped pump stations inspected every day? n n ■ n
Are records available that document citizen complaints? ■ n n n
#Do you have a system to conduct an annual observation of entire system? n ■ n n
#Has there been an observation of remote areas in the last year? ® n n n
Are records available that document inspections of high-priority lines? ■ ❑ n n
Has there been visual inspections of high-priority lines in last six months? ■ n n n
Comment: Town needs system to organize annual inspection of remote portions of
system and document same.
Operation & Maintenance Requirements Yes No NA NE
Are all log books available? ■ ❑ n n
Does supervisor review all log books on a regular basis? ■ ❑ ❑ n
Does the supervisor have plans to address documented short-term problem areas? n n ■ n
What is the schedule for reviewing inspection, maintenance, &operations logs and problem areas?
As needed.
Are maintenance records for equipment available? ■ n n n
Is a schedule maintained for testing emergency/standby equipment? ® Q n ❑ _
What is the schedule for testing emergency/standby equipment? As needed.
Page: 4

Permit:WQCS00111 Owner-Facility: Town of Tryon
'ispection Date: 12/04/2007 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Do pump station logs include:
Inside and outside cleaning and debris removal? n
Inspecting and exercising all valves? ❑ ❑
Inspecting and lubricating pumps and other equipment? ❑ n ® 0
Inspecting alarms,telemetry and auxiliary equipment?
nn ■ n
Is there at least one spare pump for each pump station w/o pump reliability? ❑ rl ® ❑
Are maintenance records for right-of-ways available? ■ ❑ 0 ❑
Are right-of-ways currently accessible in the event of an emergency?
■ nnn
■ n
Are system cleaning records available? nn
Has at least 100% of system been cleaned annually? ® n n
What areas are scheduled for cleaning in the next 12 months?
Is a Spill Response Action Plan available? ® ❑ ❑ rl
Does the plan include:
■ n
24-hour contact numbers nn
Response time ❑ ® n
Equipment list and spare parts inventory ® ❑ ❑ n
Access to cleaning equipment ® ❑ ❑ Q
Access to construction crews,contractors,and/or engineers ® Q
Source of emergency funds ❑ Q
Site sanitation and cleanup materials ® ❑ ❑ Q
Post-overflow/spill assessment ® fl ❑
Is a Spill Response Action Plan available for all personnel?
■ nnn
Is the spare parts inventory adequate? ® n
Comment: Spill Response Action Plan should be modified by addition of discussion of
expected response time.
Yes No NA NE
Records
Are adequate records of all SSOs,spills and complaints available? ® n ❑ ❑
Are records of SSOs that are under the reportable threshold available? ® ❑ ❑
Do spill records indicate repeated overflows(2 or more in 12 months)at same location? ❑ ■ fl fl
If yes, is there a corrective action plan? fl ❑ ® fl
Page: 5

r4rty Michael F.Easley,Governor
William G.Ross Jr.,Secretary
r7 North Carolina Department of Environment and Natural Resources
�} Coleen H.Sullins,Director
Division of Water Quality
December 6, 2007
DWQ Project # 07-1702
Barry
--
Barry and Paula Jones
Post Office Box 1088
Highlands, NC 28741
Subject Property: Jones Frog Pond
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. & Mrs. Jones:
You have our approval, in accordance with the attached conditions and those listed
below, to temporarily divert streams and drain Frog Pond for the purpose of sediment
removal at the subject property, as described within your application received by the
N.C. Division of Water Quality (DWQ) on October 29, 2007. After reviewing your
application, we have decided these impacts are covered by General Water Quality
Certification Number(s) 3688 (GC3688). The Certification(s) allows you to use
Nationwide Permit(s) 33 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state or
local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control, Non-discharge, and stormwater regulations. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters
as depicted in your application shall expire upon expiration of the 404 or CAMA
Permit.
This approval is for the purpose that you described in your application. If you change
your project beyond this approval, you must notify us and you may be required to send
us 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 fills for this project (now or in the future) exceed one acre of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
401 Wetlands Certification Unit '
1650 Mail Service Center,Raleigh,North Carolina 27699-1650
2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604
Phone: [phone] FAX [phone]Internet:http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

Jonesf,_
Page.
December 6,2,
Amount Plan Location or Reference
Approved (Units)
S-1 615 linear feet Temporary relocation
2. Erosion & Sediment Control Practices
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.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.
4. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
5. Sediment and erosion control measures must be implemented prior to construction
and maintained on the sites to minimize sediment in downstream areas. Seeding for _,

Jones Frog Pond
Page 3 of 6
December 6,2007
a temporary cover of wheat, millet, or similar annual grain or permanent herbaceous
cover should occur on all bare soil within five (5) days of ground disturbing activities
to provide long-term erosion control. The projects should be accomplished in stages
instead of leaving large tracts exposed to further storm events. Erosion control
matting should be used in conjunction with appropriate seeding on disturbed soils. in
steep slope and riparian areas. Matting should be secured in place with staples,___
stakes, or, wherever possible, live stakes of native trees. Straw mulch and tall
fescue should not be used in riparian areas. In addition, because of an anticipated
difficulty in establishing ground cover during the winter, reseeding should be
conducted, as necessary, in the spring-time with a native annual and perennial seed
mix with a temporary nursery crop of wheat, millet or other grain.
6. Stabilization measures should only be applied on or near existing erosion sites,
leaving other stable bank areas in a natural condition. Grading and backfilling
should be minimized and tree and shrub growth should be retained where possible
to ensure long term availability of bank cover for aquatic life and wildlife. Berms
should not be constructed because they block the floodplain, constrict and
accelerate flood flows, and often fail and sometimes impede drainage during large
flood events.
7. 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. Exposure of equipment to
surface waters must be minimized to the maximum extent possible.
8. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected riparian zones
such that it will not re-concentrate before discharging into a stream. If this is not
possible, it may be necessary to provide stormwater facilities that are considered.
to remove nitrogen. This may require additional approval from this Office.
9. Turbidity Standard
The turbidity standard of 10 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. Continuous
reading and recording turbidi-meters shall be installed above and below the
diversion. Should the 10 ntu limit be exceeded, all work shall immediately cease,
the Asheville Regional Office of the Division of Water Quality contacted by phone
at 828-296-4500, and appropriate stabilization measures implemented prior to
returning to work.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The 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 404 or CAMA
Permit.

Jones i
Page,
December 6,
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:276 -6714:--- is ce i ica ion andits conditions—are finaF-andTm ing un ess 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 Kevin Barnett in the
DWQ Asheville Regional Office at 828-296-4657.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
C H Slkhb
Enclosures: GC 3688
Certificate of Completion
Guidelines for Riparian Buffer Restoration ,.
cc: Pam Boaze
Fish and Wildlife Associates, Inc.
Post Office Box 241
Whittier, NC 28789
.USAGE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 07-1702.Jones Frog Pond.ApprovaI

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
rNorth Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
December 6, 2007
DWQ Project # 07-1735
McDowell County
Norton Webster
Environmental Banc & Exchange
909 Capability Drive
Suite 3100
Raleigh, NC 27606
North Carolina Ecosystem Enhance Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Subject Property: Morgan Creek Restoration Site
(9-23-3)
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Garner:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 7430 linear feet of streams for the purpose
of stream restoration at the subject properties, as described within your application
received by the N.C. Division of Water Quality (DWQ) on October 24, 2007. After
reviewing your application, we have decided that the impacts are covered by General
Water Quality Certification Number(s) 3689 (GC3689). The Certification(s) allows you
to use Nationwide Permit(s) 27 when issued by the US Army Corps of Engineers
(USAGE). In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you go ahead with your project including (but not
limited to) Erosion and Sediment Control, Non-discharge, and stormwater regulations.
Also, this approval to proceed with your proposed impacts or to conduct impacts
to waters as depicted in your application shall expire upon expiration of the 404
or CAMA Permit.
This approval is for the purpose that you described in your application. If you change
your project beyond the approval here, you must notify us and you may be required to
send us 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 fills for this project (now or in the future) exceed one acre of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.
401 Wetlands Certification Unit
1650 Mail Service Center,Raleigh,North Carolina 27699-1650
2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604
Phone: [phone]/FAX [phone]/Internet:http://h2o.enr.state.nc.us/ncwetiands
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

Morgan Creek Reston.
Page,,
December 6,`,L
The Additional Conditions of the Certification are: \
1. Impacts Approved
The follow[nq imnartG__are—he4:pby_app-r_©yell a5-IOng_aS &II__of_t
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount Approved Plan Location or Reference
(Units)
Stream 5130 (linear feet) Morgan Creek
Stream 300 (linear feet) UT1 to Morgan Creek
Stream 170 (linear feet) UT2 to Morgan Creek
Stream 640 (linear feet) UT3 to Morgan Creek
Stream 120 (linear feet) UT4 to Morgan Creek
Stream 200 (linear feet) UT5 to Morgan Creek
Stream 290 (linear feet) UT6 to Morgan Creek
Stream 420 (linear feet) UT7 to Morgan Creek
Stream 160 (linear feet) UT8 to Morgan Creek
2. Erosion & Sediment Control Practices
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.

Morgan Creek Restoration Site
Page 3 of 6
December 6,2007
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification All constn ictio .a6tivAileS;inc+�t,��„^y the_de-& n,instal --
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or 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 has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Sediment and erosion control measures must be implemented prior to construction
and maintained on the sites to minimize sediment in downstream areas. Seeding for
a temporary cover of wheat, millet, or similar annual grain or permanent herbaceous
cover should occur on all bare soil within five (5) days of ground disturbing activities
to provide long-term erosion control. The projects should be accomplished in stages
instead of leaving large tracts exposed to further storm events. Erosion control
matting should be used in conjunction with appropriate seeding on disturbed soils in
steep slope and riparian areas. Matting should be secured in place with staples,
stakes, or, wherever possible, live stakes of native trees. Straw mulch and tall
fescue should not be used in riparian areas. In addition, because of an anticipated
difficulty in establishing ground cover during the winter, reseeding should be
conducted, as necessary, in the spring-time with a native annual and perennial seed
mix with a temporary nursery crop of wheat, millet or other grain.
7. Only clean, large, angular rock, large woody material, or other natural stream design
materials and techniques should be used for bank stabilization. Rock should not be
placed in the stream channel in a manner that constricts stream flow or that will
impede aquatic life movements during low flow conditions. Filter cloth should be
placed behind large rock that is used for bank stabilization. Properly designed rock
vanes should be constructed wherever appropriate on bank stabilization and
channel realignment stream reaches to improve channel stability and to improve
aquatic habitat. Root wads should be installed low enough in the bank so that a
significant portion (at least one-third) the root wad is inundated during normal flows.

Morgan Creek Restoi:
Pago,,
December 6,
8. The channel should be restored to a more stable condition. However, under no
circumstances should river rock, sand or other materials be dredged from the
stream channel under authorization of this permit except, if necessary, in the
immediate vicinity of the eroding banks for the explicit purpose of anchoring
& izing ^ram control-structures-or for ishhirrj-t a natural-
vv'
and more stable stream channel dimensions. Stream bed materials are unstable
in flowing-water situations and are unsuitable for bank stabilization. In stream
dredging has catastrophic effects on aquatic life and disturbance of the natural form
of the stream channel can cause downstream erosion problems. The natural
dimension, pattern, and profile of the stream upstream and downstream of the
permitted area should not be modified by widening the stream channel or changing
its depth.
9. Stabilization measures should only be applied on or near existing erosion sites,
leaving other stable stream bank areas in a natural condition. Grading and
backfilling should be minimized and tree and shrub growth should be retained where
possible to ensure long term availability of stream bank cover for aquatic life and
wildlife. Backfill materials should be obtained from upland sites except in cases
where excess stream bed materials are available. Berms should not be permitted
because they block the floodplain, constrict and accelerate flood flows, and often fail
and sometimes impede drainage during large flood events.
10.Repairs to eroded banks should be conducted in a dry work area where possible.
Sandbags or other clean diversion structures should be used where possible to
minimize excavation in flowing water. Channel realignments should be constructed
by excavating the new channel from downstream to upstream before connecting it to
the old channel.
11.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.
12.Disturbed stream banks and a 30-foot vegetated zone, or the widest width that is
practical under the site conditions, should be restored where possible along the
construction sites to natural riparian conditions with native trees and shrubs (e.g.,
silky dogwood, rhododendron, dog hobble, red maple, silky willow, tag alder, black
willow, sycamore) to provide long-term bank stability and stream shading. Note,
silky dogwood, silky willow and black willow can be planted as live stakes collected
during the dormant growing season. Cuttings should be randomly planted on four
(4) foot centers from the waters edge to the top of the bank. Trees should be planted
on ten (10) to twelve (12) foot centers. Stream banks in these areas should also be
seeded with a native annual and perennial seed mix with a temporary nursery crop
of wheat, millet or other grain.

Morgan Creek Restoration Site
Page 5 of 6
December 6,2007
,3.Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected riparian zones
such that it will not re-concentrate before discharging into a stream. If this is not
possible, it may be necessary to provide stormwater facilities that are considered
--to-rerrfove-rritrogen. is may require a i ions approva rom this Office.
14.Riparian Zone Replanting
Replanting of vegetation within areas lacking woody vegetation located within 25
feet of the streambank must be done in a manner consistant with the Guidelines
for Riparian Buffer Restoration immediately following construction. (Please
see attached.)
17.Turbidity Standard
The turbidity standard of 50 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.
18. No Sediment and Erosion Control Measures in Wetlands
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.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The 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 404 or CAMA
Permit.
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.

Morgan Creek Restol,
Pag.
December 6,'<
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 Kevin Barnett in the
DWQ Asheville Regional Office at 828-296-4657.
Sincerely,
4,
u
=L Coleen H. Sullins, Director
Division of Water Quality
CHSlkhb
Enclosures: GC 3689
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: Tommy Cousins
Kimley-Horn and Associates
4651 Charlotte Park Drive
Suite 300
Charlotte, NC 28217
USACE Asheville Regulatory Field Office
Cyndi Karoly, DWQ 401 Central Office
David McHenry, NC Wildlife Resources Commission
DLR Asheville Regional Office
File Copy
Central Files
Filename: 07-1735.MorganCreekRestoration.Approval

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
s_
Coleen H. Sullins, Director
Division of Water Quality
m..=� Asheville Regional Office
December 6, 2007
Ms. Valerie Jaynes, Mayor
Town of Newland
301 Cranberry Street
Newland, North Carolina 28657
Subject: Permit No, WQ0032511
Town of Newland
Rivers Edge Development
Wastewater Collection System Extension
Avery County
Dear Ms. Jaynes:
In accordance with your application received on November 27, 2007 we are forwarding
herewith Permit No. WQ0032511, dated December 6, 2007, to the Town of Newland for the .
construction and operation of the subject wastewater collection system extension. This permit shall be
effective from the date of issuance until rescinded and shall be subject to the conditions and limitations
as specified therein. This cover letter shall be considered a part of this permit and is incorporated
therein by reference. Please send Roy Davis a copy of the"notice to proceed" issued to your
contractor for this collection system extension.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any
individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the
Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless
Specifically mentioned herein. Division approval is based on acceptance of the certification provided by
the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's
responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules.
Failure to comply may result in penalties in accordance with North Carolina General Statute §143-
215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities,
and/or referral of the North Carolina-licensed Professional Engineer to the licensing board.
Asheville Regional Office Internet www-ncwaterquality.org
One
2090 US Highway 70,Swannanoa, NC 28778 Telephone [phone] Fax [phone] NorthCarohna
DENR Customer Service Center Telephone [phone] Natllrallil
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

Avery County School Systern December 6, 2007 �
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 Newland for the construction and operation of approximately 1,352 linear feet of
8-inch diameter gravity sewer, an 87.5 gpm duplex sewage pumping station with audible and visual
highwater alarms, a permanently installed emergency power generator with Automatic Transfer Switch
and telemetry, and 540 linear feet of 4-inch diameter force main to serve the Rivers Edge Development
and the discharge of 36,015 gallons per day of collected domestic wastewater into the Town of
Newland's existing sewerage system, pursuant to the application received on November 27, 2007 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 Newland's
Wastewater Treatment Facility (Permit No. NC0021857) prior to being discharged into the receiving
stream.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Roy M. Davis at (828)
296-4500.
Sincerely,
for Coleen H. Sullins, Director
Division of Water Quality
cc: Avery County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0021857)
Keith Webb, PE
Surface Water Protection Section Central Files
PERCS Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
TOWN OF NEWLAND
RIVERS EDGE DEVELOPMENT
AVERY COUNTY
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0032511
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.
>_. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system-wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T
.0403:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 days per year). Pump stations that are connected to a telemetry system shall be
inspected at least once per week.
e. High-priority sewer lines shall be inspected at least once per every six-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by
North Carolina General Statute §143-215.1C.
1

Permit No. V/Q0032511, Town of Newland, Rivers Edge Deveiopryient, Avery County, December 6. 2007
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as' may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station
and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project
is to be completed in phases and partially certified, you shall retain the responsibility to track
further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617,
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 213 .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
2

40 WQ003251 1 Town of Newland Rivers Edge Development Avery County December 6,_2007
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [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 6t" day of December, 2007
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
forlCdjeen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0032511

Permit No t11J00032511 Town of Newland Rivers Edge Developrnent Avery County December 6 2007
ENGINEERING CERTIFICATION — POST CONSTRUCTION
System Description: approximately 1,352 linear feet of 8-inch diameter gravity sewer; an 87.5 gpm
duplex sewage pumping station with audible and visual highwater alarms, a permanently installed
emergency power generator with Automatic Transfer Switch and telemetry, and 540 linear feet of 4-inch
diameter force main
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.
ENGINEERS CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of
Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials.
North Carolina Professional Engineer's
seal, signature, and date:
.....................................................................................................
SEND THIS FORM & SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
...........__....................................................................................
The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.

Michael F. Easley, Governor
{VdAT
� �. �O William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Zz
Division of Water Quality
-s .,
w -- Asheville Regional Office
December 6, 2007
Ms. Valerie Jaynes, Mayor
Town of Newland
301 Cranberry Street
Newland, North Carolina 28657
Subject: Permit No. WQ0032513
Town of Newland
Wilderness Trail Development
Wastewater Collection System Extension
Avery County
Dear Ms. Jaynes:
In accordance with your application received on November 9, 2007 we are forwarding herewith
Permit No. WQ0032513, dated December 6, 2007, to the Town of Newland for the construction and
operation of the subject wastewater collection system extension. This permit shall be effective from the
date of issuance until rescinded and shall be subject to the conditions and limitations as specified
therein. This cover letter shall be considered a part of this permit and is incorporated therein by
reference. Please send Roy Davis a copy of the "notice to proceed" issued to your contractor for this
collection system extension.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any
individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
riot meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the
Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless
specifically mentioned herein. Division approval is based on acceptance of the certification provided by
the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's
responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules.
Failure to comply may result in penalties in accordance with North Carolina General Statute §143-
215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities,
and/or referral of the North Carolina-licensed Professional Engineer to the licensing board.
Asheville Regional Office Internet www.ncwaterquality.org
One
2090 US Highway 70,Swannanoa,NC 28778 Telephone [phone] Fax [phone] Nortf
hCarolina
DENR Customer Service Center Telephone [phone] Naturally
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

Avery County Scheel System December 6, 2007
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 Newland for the construction and operation of approximately 7,300 linear feet of
8-inch diameter gravity sewer to serve the Wilderness Trail Development and the discharge of 216,800
gallons per day of collected domestic wastewater into the Town of Newland's existing sewerage
system, pursuant to the application received on November 9, 2007 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 Newland's
Wastewater Treatment Facility (Permit No. NC0021857) prior to being discharged into the receiving
stream.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Roy M. Davis at (828)
296-4500.
Sincerely,
for Coleen H. Sullins, Director
Division of Water Quality
cc: Avery County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0021857)
Keith Webb, PE
Surface Water Protection Section Central Files
PERCS Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
TOWN OF NEWLAND
WILDERNESS TRAIL DEVELOPMENT
AVERY COUNTY
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0032513
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. WQ0032813 Town of Newland Wilderness Trail Development Avery County. Decernber 6 200
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station
and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project
is to be completed in phases and partially certified, you shall retain the responsibility to track
further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting -
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 2B .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
2

d WQ0032513 Town of Newland Wilderness Trail Develooment Avery C"ounty, December 6. 2007
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [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 6t" day of December, 2007
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for een H. SuTi �Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0032513
3

Permit No. WQ0032513. Town of Newland. Wilderness Trail Development Avery County Decernber 6 206
ENGINEERING CERTIFICATION — POST CONSTRUCTION
System Description:
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point,'available storage if portable
generator(s) or storage greater than longest past three year outage reliability option selected)for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina, having ,-
been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of
Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials.
North Carolina Professional Engineer's
seal, signature, and date:
...................................................._................
SEND THIS FORM & SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
:......................................................................................
..............:
The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. _

Michael F. Easley,Governor
William G.Ross Jr.,Secretary
G North Carolina Department of Environment and Natural Resources
7 Coleen H.Sullins,Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
December 6, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 7064 2134
Mr. Gregory A. Ward
Trillium Links &Village LLC
P.O. Box 2644
Cashiers,North Carolina 28717
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 NCO059200
Trillium Links &Village LLC
Case No. LV-2007-0463
Jackson County
Dear Mr. Ward:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$265.07
($200.00 civil penalty+ $65.07 enforcement costs) against Trillium Links &Village LLC.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Trillium Links &Village LLC for the month of August
2007. This review has shown the subject facility to be in violation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NC0059200. The violations which
occurred in August 2007 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Trillium Links &Village LLC
violated the terms, conditions or requirements of NPDES Permit NCO059200 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 Trillium Links &Village LLC:
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa, NC 28778 Phone[phone] Customer Service
Internet:www.ncwatergualit\/.org FAX [phone] 623-7748

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. `�
$100.00 NC0059200, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD.
1 of the I violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0059200, by discharging waste water into the waters of the State
in violation of the Permit Daily Minimum limit for DO.
.. . .. ........ .. .... . ... ._. ....
$200.00 TOTAL CIVIL PENALTY
$65.07 Enforcement Costs
$265.07 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed. -
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please

a detailed statement that establishes why you believe the civil penalty should be
Atted, and submit it to the Division of Water Quality at the address listed below. In
.etermining 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 14311-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

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

JUSTIFICATION FOR REMISSION REQUEST
.,WQ Case Number: LV-2007-0463 County: Jackson
Assessed Party: Trillium Links & Village, LLC
Permit No. : NC0059200 Amount Assessed: $265.07
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 ENVIRONME�.
AND NATURAL RESOURCES
COUNTY OF JACKSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN `
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND `
STIPULATION OF FACTS
TRILLIUM LINKS & VILLAGE LLC )
PERMIT NO. NCO059200 ) FILE NO. LV-2007-0463
Having been assessed civil penalties totaling $265.07 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated December 6, 2007,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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Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
F Coleen H.Sullins, Director
r—! Division of Water Quality
a _ Asheville Regional Office
SURFACE WATER PROTECTION SECTION
December 6, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 7064 2141
Mr. Wendell T. Howard
HRS Land Development LLC
204 Charlotte Highway
Suite G
Asheville,North Carolina 28803
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 NCO087556
HRS Land Development LLC
Ledgestone Subdivision WWTP
Case No. LV-2007-0462
Buncombe County
Dear Mr. Howard:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$165.07
($100.00 civil penalty+ $65.07 enforcement costs) against HRS Land Development LLC.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by HRS Land Development LLC for the month of August
2007. This review has shown the subject facility to be in violation of the discharge limitations
and/or monitoring requirements found m NPDES Permit NC0087556. The violations which
occurred in August 2007 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that HRS Land Development LLC
violated the terms, conditions or requirements of NPDES Permit NCO087556 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 HRS Land Development LLC:
Northcarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet:www.ncwaterguality.org FAX [phone] 623-7748

I of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0087556, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for RES/TSS.
$100.00 TOTAL CIVIL PENALTY
$65.07 Enforcement Costs
$165.07 _ _ TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be

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

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

JUSTIFICATION FOR REMISSION REQUEST
,)WQ Case Number: LV-2007-0462 County: Buncombe
Assessed Party: HRS Land Development LLC/Ledgestone
Permit No: NC0087556 Amount Assessed: $165.07
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 ENVIRONMEl.
AND NATURAL RESOURCES
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
HRS LAND DEVELOPMENT LLC/ STIPULATION OF FACTS
LEDGESTONE
PERMIT NO. NCO087556 ) FILE NO. LV-2007-0462
Having been assessed civil penalties totaling $165.07 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated December 6, 2007,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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Michael F.Easley,Governor
William G.Ross Jr.,Secretary
G North Carolina Department of Environment and Natural Resources
7 Coleen H.Sullins, Director
Division of Water Quality
'C
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
December 6, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 7064 2127
Ms. Monica Schwalbach, Acting Forest Supervisor
USDA US Forest Service
P.O. Box 2750
Asheville,NC 28802
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 NCO020478
USDA US Forest Service
Lake Powhatan Recreation Area
Case No. LV-2007-0457
Buncombe County
Dear Ms. Schwalbach:
This letter transmits allotice of Violation and assessment of civil penalty in the amount of$765.07
($700.00 civil penalty+ $65.07 enforcement costs) against USDA US Forest Service.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by USDA US Forest Service for the month of July 2007. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0020478. The violations which occurred in
July 2007 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that USDA US Forest Service violated
the terms, conditions or requirements of NPDES Permit NCO020478 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 USDA US Forest Service:
NorthCaroiina
Natundy
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet:www.ncwaterguality.org FAX [phone] 623-7748

I of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0020478, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD.
1 of the 2 violations of G.S. 143-215.l(a)(6) and NPDES Permit No.
$100.00 NC0020478, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for RES/TSS.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0020478, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD.
1 of the 1 violations of G.S. 143-215.l(a)(6) and NPDES Permit No.
$250.00 NC0020478, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for RES/TSS.
$700.00 TOTAL CIVIL PENALTY
$65.07 Enforcement Costs
$765.07 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

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

accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed -provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
_6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville
Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENT
cc: WQ Asheville Files w/attachment
WQ Central Files w/attachment
Bob Guerra/ Enforcement Files w/attachment
James &James/ ORC w/attachment

JUSTIFICATION FOR REMISSION REQUEST
JWQ Case Number: LV-2007-0457 County: Buncombe
Assessed Party: USDA US Forest Service/Lake Powhatan
Permit No. NC0020478 Amount Assessed: $765.07
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
_ (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences),
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMEi
COUNTY OF BUNCOMBE AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
USDA US FOREST SERVICE/
LAKE POWHATAN ) STIPULATION OF FACTS
PERMIT NO. NCO020478 ) FILE NO. LV-2007-0457
Having been assessed civil penalties totaling $765.07 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated December 6, 2007, 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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Michael F.Easley,Governor
William G. Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Coleen H.Sullins, Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
December 6, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 7064 2110
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Board of Education
167 Craven Street
Asheville,North Carolina 28806
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NC0086436
Buncombe County Board of Education
Cane Creek Elementary School
Case No. LV-2007-0459
Buncombe County
Dear Mr. Hall:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$165.07
($100.00 civil penalty+ $65.07 enforcement costs) against Buncombe County Board of Education.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Buncombe County Board of Education for the month of
June 2007. This review has shown the subject facility to be in violation of the discharge
limitations and/or monitoring requirements found in NPDES Permit NC0086436. The violations
which occurred in June 2007 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Buncombe County Board of
Education violated the terms, conditions or requirements of NPDES Permit NCO086436 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 Buncombe County Board of Education:
ne
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa, NC 28778 Phone[phone] Customer Service
Internet:www.ncwatergualitV.org FAX [phone] 623-7748

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No'.`�.
$.00 NC0086436, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0086436, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD.
$100.00 TOTAL CIVIL PENALTY
$65.07 Enforcement Costs
$165.07 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please

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

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

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
_STY OF BUNCOMBE
.N THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES.AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
BUNCOMBE COUNTY BOE/
CANE CREEK SCHOOL )
PERMIT NO. NCO086436 ) FILE NO. LV-2007-0459
Having been assessed civil penalties totaling $165.07 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated December 6, 2007, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2007-0459 County: Buncombe
Assessed Party: Buncombe County BOE/Cane Creek School
Permit No. NC0086436 Amount Assessed: $165.07
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

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Michael F.Easley, Governor
William G. Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
7 Coleen H.Sullins, Director
- Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
December 6, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 7064 2103
Mr. Gregory A. Ward
Trillium Links &Village LLC
P.O. Box 2644
Cashiers,North Carolina 28717
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 NCO059200
Trillium Links &Village LLC
Case No. LV-2007-0460
Jackson County
Dear Mr. Ward:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$515.07
($450.00 civil penalty+ $65.07 enforcement costs) against Trillium Links &Village LLC.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Trillium Links &Village LLC for the month of July 2007.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0059200. The violations which occurred in
July 2007 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Trillium Links &Village LLC
violated the terms, conditions or requirements of NPDES Permit NCO059200 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 Trillium Links & Village LLC:
No thCarolina
Natura«y
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet:www.ncwaterguality.org FAX [phone] 623-7748

2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit Na'",
$200.00 NC0059200, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0059200, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD.
$450.00 TOTAL CIVIL PENALTY
$65.07 Enforcement Costs
$515.07 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. r
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 l J
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

d detailed statement that establishes why you believe the civil penalty should be
.,ed, and submit it to the Division of Water Quality at the address listed below. In
.ermining 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 1438-282.1(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
ification for Remission Request." Both forms should
you complete and submit the enclosed"Just
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

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

JUSTIFICATION FOR REMISSION REQUEST
✓VQ Case Number: LV-2007-0460 County: Jackson
Assessed Party: Trillium Links & Village
Permit No. NC0059200 Amount Assessed: 5515.07
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 ENVIRONN,
AND NATURAL RESOURCES ,.
COUNTY OF JACKSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TRILLIUM LINKS AND VILLAGE, LLC )
PERMIT NO. NCO059200 ) FILE NO. LV-2007-0460
Having been assessed civil penalties totaling $515.07 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated December 6, 2007, 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
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Michael F. Easley,Governor
William G. Ross Jr.,Secretary
v
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
a
Asheville Regional Office
SURFACE WATER,PROTECTION SECTION
December 6, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 7064 2073
Mr. Martin Lashua, Regional Manager
Carolina Water Service Inc. of NC
PO Box 240908
Charlotte,North Carolina 28224-0908
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 NCO076431
Carolina Water Service Inc of NC
Wolf Laurel WWTP
Case No. LV-2007-0454
Madison County
Dear Mr. Lashua:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$515.07
($450.00 civil penalty+ $65.07 enforcement costs) against Carolina Water Service Inc. of NC.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by Carolina Water Service Inc. of NC for the month of June
2007. This review has shown the subj ect facility to be in violation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NCO076431. The violations which
occurred in June 2007 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Carolina Water Service Inc. of NC
violated the terms, conditions or requirements of NPDES Permit NCO076431 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 Carolina Water Service Inc. of NC:
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa, NC 28778 Phone[phone] Customer Service
Internet:www.ncwaterguality.org FAX [phone] 623-7748

2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No,
$200.00 NC0076431, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for RES/TSS.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0076431, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for RES/TSS.
$00.00 1 of the 1 violations of NPDES Permit NC0076431, Part II, Section
B. I I., Signatory Requirements, for failure to sign the DMR.
$450.00 TOTAL CIVIL PENALTY
$65.07 Enforcement Costs
$515.07 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed. '
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative

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

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

JUSTIFICATION FOR REMISSION REQUEST
,dQ Case Number: LV-2007-0454 County: Madison
Assessed Party: Carolina Water Service/Wolf Laurel
Permit No. NC0076431 Amount Assessed: $515.07
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 ENVIRONM.
AND NATURAL RESOURCES
COUNTY OF MADISON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
CAROLINA WATER SERVICE/
WOLF LAUREL )
PERMIT NO. NCO076431 ) FILE NO. LV-2007-0454
Having been assessed civil penalties totaling $515.07 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated December 6, 2007, 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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Michael F.Easley,Governor
G William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Al�!
Coleen S.Sullins,Director
Division of Water Quality
December 6, 2007
DWQ Project# 06-1959
Jackson County
Ray Trine
Glen Pointe Developement
Post Box 747
Cashiers, NC 28717
Subject Property: Glen Pointe Subdivision, Lake Glenville
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Trine.-
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 18 sq ft of lake bed of lake Glenville for the
purpose of a multi boat dock at the subject property, as described within your
application received by the N.C. Division of Water Quality (DWQ) on September 19,
2007. After reviewing your application, we have decided that the impacts are covered
by General Water Quality Certification Number(s) 3693 (GC3693). The Certifications)
allows you to use Permit(s) GP30 when issued by the US Army Corps of Engineers
(USACE). In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you go ahead with your project including (but not
limited to) Erosion and Sediment Control, Non-discharge, Water Supply Water Shed
Buffers, and trout buffer regulations. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application
shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose that you described in your application. If you change
your project, you must notify us and you may be required to send us 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 fills
for this project (now or in the future) exceed one acre of wetland or 150 linear feet of
stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
NorthCarolina
401 Wetlands Certification Unit Naturally
1650 Mail Service Center,Raleigh,North Carolina 27699-1650
2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604
Phone: [phone]/FAX [phone]/Internet:www.ncwaterguality.org
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

Glen Pk',
December
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount Plan Location or Reference
Approved (Units)
Lake Bottom 18 (square feet) A
2. Erosion & Sediment Control Practices
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.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.

Glen Pointe Marina
Page 3 of 5
December 6,2007
4. No Sediment & Erosion Control Measures w/n Wetlands or 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 has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Heavy Equipment
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.
7. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected stream buffers
such that it will not re-concentrate before being discharged. If this is not possible,
it may be necessary to provide stormwater facilities that are considered to
remove nitrogen. This may require additional approval from this Office.
8. Water Supply Watershed /Trout Buffer
Disturbed banks and a 30-foot vegetated zone, must be restored along the
shoreline to natural riparian conditions with native trees and shrubs (e.g., silky
dogwood, rhododendron, dog hobble, red maple, silky willow, tag alder, black
willow, sycamore) to provide long-term bank stability and stream shading. Note,
silky dogwood, silky willow and black willow can be planted as live stakes
collected during the dormant growing season. Cuttings should be randomly
planted on four (4) foot centers from the waters edge to the top of the bank.
Trees should be planted on ten (10) to twelve (12) foot centers. Stream banks in
these areas should also be seeded with a native annual and perennial seed mix
with a temporary nursery crop of wheat, millet or other grain.

Glen
December`
9. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or
riparian areas beyond the footprint of the impacts depicted in the Pre-
construction Notification. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water
quality standards, statutes, or rules occur.
10. Deed Notifications
Deed Notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure
compliance for future wetland, water and buffer impact. These mechanisms shall
be put in place prior to impacting any wetlands, waters and/or buffers approved
for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web
site at http://h2o.enr.state.nc.us/ncwetlands. The test of the sample deed notification
may be modified as appropriate to suit this project.
11. Concrete
All Concrete used in this project shall be pre-cast and cured on land prior to
placing on the lake bottom as to prevent the leaching of caustic materials in to J
the water.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The 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 404 or CAMA
Permit.
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.

Glen Pointe Marina
Page 5 of 5
December 6,2007
,s letter completes the review of the Division of Water Quality under Section 401 of
.ne Clean Water Act. If you,have any questions, please contact Mr. Kevin Barnett in the
DWQ Asheville Regional Office at either Kevin.Barnett(d)-ncmail.net or at 828-296-4657.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
AWK/khb
Enclosures: GC 3693
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: Lisa Leatherman, Duke Energy
Duke Energy Lake Services
EC12Q
Post Office Box 1006
Charlotte, NC 28201-1006
USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 07-1587.Glen PointDevelopement.Approval

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ATE Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
;} r Coleen H. Sullins, Director
" < Division of Water Quality
Asheville
December 6, 2007
Mr. Lee Smith, Director
Water & Sewer Department
City of Hendersonville
305 Williams Street
Hendersonville, North Carolina 28792
Subject: Permit No. WQ0032506
City of Hendersonville
Lot 2, Carriage Park Section 21
Wastewater Collection System Extension
Henderson County
Dear Mr. Smith:
In accordance with your application received on November 30, 2007, we are forwarding
herewith Permit No. WQ0032506 dated December 6, 2007, to the City of Hendersonville for the
construction and operation of the subject wastewater collection system extension. This permit shall be
effective from the date of issuance until rescinded and shall be subject to the conditions and limitations
as specified therein. This cover letter shall be considered a part of this permit and is incorporated
therein by reference. Please send Roy Davis a copy of the contractor's " notice to proceed"for this
project.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any
individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria
for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable,
unless specifically mentioned herein. Division approval is based on acceptance of the certification
provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the
Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria
and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute
§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection
facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board.
Asheville Regional Office Internet www.ncwaterquality.org
2090 US Highway 70, Swannanoa, NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

City of Hendersonville December 6, 2007 Page,
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to the City of Hendersonville for the construction and operation of a 12 gpm grinder type
individual home sewage pumping station and 75 linear feet of 1 1/4-inch diameter force main to serve
Lot 2 in Carriage Park Section 21 and the discharge of 480 gallons per day of additional wastewater
into the City of Hendersonville's existing sewerage system, pursuant to the application received on
November 30, 2007 in conformity with 15A NCAC 2T .0200; 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 wastewater collected by this system shall be treated in the City of Hendersonville's
Wastewater Treatment Facility (Permit No. NC0025534) prior to being discharged into Mud Creek in
the French Broad River Basin.
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 Roy Davis at (828)
296-4500.
Sincerely,
. L��.64
for Coleen H. Sullins, Director
Division of Water Quality
cc: Henderson County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0025534)
Surface Water Protection Central Files
Robert Paul Patterson, PE
PERCS Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
CITY OF HENDERSONVILLE
LOT 2 in CARRIAGE PARK SECTION 21
HENDERSON COUNTY
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT NUMBER WQ0032506
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 213 .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 fora period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by
North Carolina General Statute §143-215.1C.
i

Permit No, W00032506 Citv of Hendersonville Lot 2 in Carriage Park Section 21 Henderson Co., Dec 6
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 .0200; 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 .0200; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 2B .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
�i
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
2

r tI 00032506 City of Hendersonville Lot 2 in Carriage Park Section 21 Henderson Co., Dec. 6. 2007
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [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 6th day of December, 2007
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for en H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number W00032506
3

Permit No. ` 00032506 City of Hendersonville. Lot 2 in Carriage Park Section 21 Henderson Co. Dec.6.
ENGINEERING CERTIFICATION — POST CONSTRUCTION
System Description: a 12 gpm grinder type individual home sewage pumping station and 75 linear feet
of 1 1/4-inch diameter force main
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines)of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s) or storage greater than longest past three year outage reliability option selected)for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit, regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T .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.
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.

Michael F. Easley, Governor
IN A T
William G. Ross Jr., Secretary
G North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Asheville
December 6, 2007
Mr. Lee Smith, Director
Water & Sewer Department
City of Hendersonville
305 Williams Street
Hendersonville, North Carolina 28792
Subject: Permit No. WQ0032510
City of Hendersonville
Lot 5R-Orchard Knolls
Wastewater Collection System Extension
Henderson County
Dear Mr. Smith:
In accordance with your application received on November 30, 2007, we are forwarding
herewith Permit No. WQ0032510 dated December 6, 2007, to the City of Hendersonville for the
construction and operation of the subject wastewater collection system extension. This permit shall be
effective from the date of issuance until rescinded and shall be subject to the conditions and limitations
as specified therein. This cover letter shall be considered a part of this permit and is incorporated
therein by reference. Please send Roy Davis a copy of the contractor's " notice to proceed"for this
project.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any
individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum
Design Criteria adopted February 1'2, 1996 as applicable; and the Division's Minimum Design Criteria
for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable,
unless specifically mentioned herein. Division approval is based on acceptance of the certification
provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the
Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria
and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute
§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection
facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board.
Asheville Regional Office Internet www.ncwaterquality.org
2090 US Highway 70,Swannanoa, NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

City of Hendersonville Decernber 0, 2007 Page
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to the City of Hendersonville for the construction and operation of a 10 gpm grinder type
individual home sewage pumping station and 90 linear feet of 1 1/4-inch diameter force main to serve
Lot 5R in Orchard Knolls and the discharge of 360 gallons per day of additional wastewater into the City
of Hendersonville's existing sewerage system, pursuant to the application received on November 30,
2007 in conformity with 15A NCAC 2T .0200; 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 wastewater collected by this system shall be treated in the City of Hendersonville's
Wastewater Treatment Facility (Permit No. NC0025534) prior to being discharged into Mud Creek in
the French Broad River Basin.
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 Roy Davis at (828)
296-4500.
Sincerely,
4
for Coleen H. Sullins, Director
Division of Water Quality
cc: Henderson County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0025534)
Surface Water Protection Central Files
Robert Paul Patterson; PE
PERCS Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
CITY OF HENDERSONVILLE
LOT 5R-ORCHARD KNOLLS
HENDERSON COUNTY
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT NUMBER WQ0032510
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 213 .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 213 .0506(a), and public notice shall be provided as required by
North Carolina General Statute §143-215.1 C.
1

_
\
�
Perm, it No. VV0003251 0, Citv of Hendersonville, Lot 5R-Orchard Knolls. Henderson Co- Decernber 6. 20\u.
4. This permit shall not be transferable. In the event there iSa desire for the wastewater collection
facilities to Ch@Dg8 0yv0e[SNp, or there is 8 nQDl8 dl8nQe of the P8rDittee. 8 fOrD8| permit request l^
Sh8U be submitted to the Division aCCOnlpGOied by documentation from the parties involved, and
other supporting [n3teri8|S as may be appropriate. The 8ppn}v8| Of this request Sh8U be
COOSidenBd On its merits and may O[ may not heapproved.
5. C0DStrUCtiOD of the gravity sewers, pump St8tiO0S. and force nlGiDS shall be SChSdU|8d 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 fooi|ities, a oertification, a
copy of the construction record draVYiOgs, as well as supporting design calculations for any punnp
stations permitted as part Of this project shall be received from o North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15AN{}AC2T .O2OO; the Division's Gravity Sewer Design Criteria adopted February 12.
1990 as applicable; the Division's MiDiDlUrD 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 p8dig|iy certified, you Sh8|| retain the responsibility to
track further construction approved under the S8Dle permit, and Sh8|| provide 8 final certificate Of
CO[Dp|StiOO OOCe the entire project has been completed. A copy Of the construction record
d[8vviOg3, indicating the facilities constructed in the phase being C8rtifi8d. Sh8|| be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the ''COn8t[U{tiOn Record
Drawings," ��d one copy Of �h� supporting d�Si�D C@|CU|8tiOnS to the Non-Discharge Permitting
-.'
Unit. 1O17 Mail Service Center, Raleigh, NC278g9-1017. `
7. A copy Of the construction r8COnj drawings Sh8U be maintained on file by the Pennittee for the life
of the vv8StevV@ter C0||9Ction facilities.
8. Failure to abide by the conditions and |inlit3<iOnS contained in this permit; 15A NCAC 2T .0200; the
Division's Gravity 88Vver Design Criteria adopted February 12, 1990 GS 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 n08t8ria|S may subject the Pernnittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6Athrough G143-215.6C.
9. In the event that the vv8St8vv8ter collection facilities fail to perform s3Ust]ctnri|y, including the
nr88hOn of nuisance conditions, the Pernlittge Sh8U take immediate nn[reCfivH 8CtiO0, including
those as may be required by this DivisiOn. such as the construction of additional or replacement
facilities.
10. The issuance of this permit Sh@U not exempt the P8nnittee from complying with any and all
Sbatutes, nJ|es. rnQU|3bOOS. or On1in8OCeS that may be imposed by other government agencies
(lOC8|' state and f8Uen@|) which have juhSdiCtioD, including but not limited to applicable river buffer
rules in 15A NCAC 28 .0200. en}SiOD and sedimentation C0Dtr0| requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCGO1 0000, and any requirements pertaining to wetlands
under 15ANCAC2B .0200GDd 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Pennitteo shall report by telephone to a water quality staff member at the Asheville Regional
[)ffice, telephone number (828) 2Q0-45OO. as soon as pnssib|e, but in no case more than 24 hours
2

4o. W0 0032510 City of Hendersonville. Lot 5R-Orchard Knolls Henderson Co. December 6 2007
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [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 6t" day of December, 2007
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Co en H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0032510
3

Permit No, Vy100032510, City of Hendersonville. Lot 5R-Orchard Knolls. Henderson Co.. December 6. 26,
ENGINEERING CERTIFICATION — POST CONSTRUCTION
System Description: a 10 gpm grinder type individual home sewage pumping station and 90 linear feet
of 1 1/4-inch diameter force main
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s) or storage greater than longest,past three year outage reliability option selected)for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit, regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T .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.
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.

December 7, 2007
Memo To: Michelle e
Basinw Planning Unit
Through: Roger Edwards- e
Asheville Regional Office
Davis
From. Roy ional Office
Asheville Reg
Subject: Your E-mail of November 29, 2007
Questions NPDES Facilities in BRD
esponse the Asheville
e Re ional office to your November 9, 200 I
This is the r of the Asheveii g Regional Office made
E-mail. Several staff members in
contribution to this memorandum-
0 our E-mail discusses the issue ditextile dyeing
color instrearn in
One of the attachments t y e in the next
Broad River Basin as a result of thace!ve little to no cov erag s a large
the suggest that this topic r
As a result of reduction of global trade barrier
wastewater. I
.- Broad River Basin study. he Town of de an le
in industry has left this area. Theon Cone Mills Cliff side an
part of the textile dying plant have ceased operate this
the Dan River textile dying Forest City and Tryon have one wand reduction
is down to two textile mills, time in identify color impact
longer necessary. I should mention that if
decade we anticipated investing as it
strategies. Such undertakings are no long laced on the industry
the drought continues added pressure will be p quantity needed.
comes more difficult to obtain finished water in the q y ®ES
be plant NPDES
n River plant NPDES Permit is inactiv Mills Sanitary Distrie. The Cone ctla d limits flow to
The Da the Cone i
h low flow conditions may magnify mstream color n
Permit has been assumed by
50,000 gpd. Even thong
permitted color limits are suggested at this time.
r es treated wastewater to the Second
Broad ter
The Town of Forest City discha geration imparts a color to the treated
River. The Town's one textile op
which is visible in
the Second Broad River at the Cliff side.Sanitary District
Wastewater Treatment Plant. observed in gig
from which is being
You asked where the sediment is coming Big Camp Creek watershed is a very
Creek in Rutherford County. development is
Camp Populated forested watershed. Almost no
sparsely o I wonder if the sediment might be a vestige
rural, tl p lace in the drainage.
currently taking p

----------
of the days when the State maintained road
was unpaved. This is only
speculation on my part
You asked about the cooperative study between
Towns of Tryon and Columbus re the City of Saluda, and the
wastewater. The three political engt esnhave feasibility of a jointly treating their
study the regionalization of sewer service. gnsigned resolutions committing to the Town of Columbus to the Clean Water Managementplacation has been submitted by
support a feasibility study toward this end. I will mention that the Town of
Columbus received a NOV with en Trust Fund for funds to
coliform p alty assessment in March 2007 for a fecal
permit violation and the Town of Tryon
assessment in March 2007 for fecal coliform,
violations. hlorine,eand mOercu ith penalty
ry permit
You asked about the Walnut Creek watershed i
somewhat rural, primarily forested with one, what aolk County. The watershed is
development in the early stages of construction. ppears_to be
discussions regarding whether or The Regional Office major
have
classification. pnot we feel it apropriate to recommend HQW
The NPDES Permit for the Tryon Middle School will be left
time as final use of the property is decided upon.
as inactive until such
You asked about Saluda and the City's Proposed upgrade.
not proceed with this project until final decisions re adTP City will
\
system are reached. 9 ng a possibib The le county wide
With regards to our most recent inspection of Grover
NC00043910. Indicating "neither" for a compliance Industries (NPDES
part. It was our intention to indicate "com I ance status was a mistake on our
accordingly. p BIMS has been updated
You asked about the Town of Lake Lure. The
improvements to its WWTp which were a Town has under construction
p
Authorization to Construct permit issued on May e 31, 2006. Those improvements
under the terms of an
include replacement of a spiral screen, construction of a
clarifier, and replacement and rehabilitation of chemical fee
Asheville Regional Office was of the opinion t new 40 feet diameter
(SOC) was necessary because t that a Special order ibmCon The
consistently comply with the effluentlimits contained Lake Lure
was not able to sent
SOC was signed on October 24, 2007. U in NPDES Permit. The
final DWQ inspection is imminent. The NCWRC cork has been completed and
been implemented and shall remain a requirement of the S
suggestion to aerate effluent has
by the ARO. The Special Order effluent limits expire FebruaOC until further notice
Vi-lat'on Penalties totaling $9,434.10 were assessed as part of the Order.

Larry Frost was not
mentioned least reaa,
carried out to repair hu,
not needing to be mentiG
has approved construction
will replace four older coal %
use of side steam cooling resu
The company will continue to dr.
Contributors to the information cons
Don Price, Larry Frost, Paul Muller,

-:��
,%
-y
/l
`�_
�--�
��;_,:

r W A 7�
Michael F. Easley, Governor
Q William G. Ross Jr., Secretary
C North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Wafer Quality
Asheville
December 7, 2007
Mr. Joe Cline, Executive Director
Tuckaseigee Water& Sewer Authority
1246 West Main Street
Sylva, North Carolina 28779
,Subject: Permit No. WQ0032504
Tuckaseigee Water& Sewer Authority
Edgewater Road Area
Wastewater Collection System Extension
Jackson County
Dear Mr. Cline:
In accordance with your application received on November 13, 2007, we are forwarding
herewith Permit No. WQ0032504, dated December I7, 2007, to the Tuckaseigee Water & Sewer
Authority (TWSA) for the construction and operation of the subject wastewater collection system
extension. This permit shall be effective from the date of issuance until rescinded and shall be subject
to the conditions and limitations as specified therein',. This cover letter shall be considered a part of this
permit and is incorporated therein by reference. Please send Roy Davis a copy of the contractor's
Notice to Proceed for this project.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any
individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria
for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable,
unless specifically mentioned herein. Division approval is based on acceptance of the certification
provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the
Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria
and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute
§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection
facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board.
Asheville Regional Office Internet www.ncwaterquality.org
2090 US Highway 70,Swannanoa, NC 28778 Telephone [phone] Fax [phone] One
DENR Customer Service Center Telephone [phone] NOrthCarolIina
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Naturally

Tuckaseigee Water& Sewer Authority December 7, 2007
A
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 TWSA for the construction and operation of 7,180 linear feet of 4-inch diameter force
main and the discharge of 36,000 gpd of additional wastewater into TWSA's existing sewerage system,
pursuant to the application received on November 13, 2007 and in conformity with 15A NCAC 2T
.0200; 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. All wastewater
discharged to this force main, whether by gravity or pressure, shall only be released after having
passed through a septic tank for purposes of solids removal.
The sewage and wastewater collected by this system shall be treated in the TWSA Wastewater
Treatment Facility (Permit No. NC0039578) prior to being discharged into the receiving stream.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Roy Davis at (828)
,
296-4500.
Sincerely,
for Coleen H. Sullins, Director
Division of Water Quality
cc: Jackson County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0039578)
John L. King, PE
Surface Water Protection Section Central Files
PERCS Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
TUCKASEIGEE WATER & SEWER AUTHORITY
EDGEWATER ROAD AREA
JACKSON COUNTY
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT W00032504
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force
Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically
mentioned herein.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system-wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T
.0403:
a. The sewer system shall be effectively maintained and operated at all times 'to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 days per year). Pump stations that are connected to a telemetry system shall be
inspected at least once per week.
e. High-priority sewer lines shall be inspected at least once per every six-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by
North Carolina General Statute §143-215.1C.
1

Perrnit No WQ0032504 Tuckaseigee Water& Sewer Authority Edgewater Road Jackson County. Dec. ..
4. This permit shall not be transferable. In the event there is a desire for the wastewater collectial.
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 .0200; 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 .0200; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 2B .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

unit No VV00032504 Tuckaseigee Water& Sewer Authority Edgewater Road Jackson County, Dec. 7. 2007
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 1 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 7th day of December, 2007
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for 1,oPeen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0032504
3

Permit No. WO0032504, Tuckaseigee Water & Sewer Authority, Edgewater Road, Jackson County Dec. 7`�
ENGINEERING CERTIFICATION — POST CONSTRUCTION
System Description: 7,180 linear feet of 4-inch diameter force main
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.
ENGINEERS CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T .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.
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.

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
G North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
December 7, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Wittner Wright
Havon Inc.
P.O. Box 1180
Candler, North Carolina 28715
Subject: NOTICE OF VIOLATION
NOV-2007-LV-0586
Permit No. NCO075388
Pleasant Cove Home WWTP
Buncombe County
Dear Mr. Wright:
A review of Pleasant Cove Home WWTP's monitoring report for August 2007 showed the
following violations:
Parameter Date Limit Value Reported Limit Type
Value
Coliform, Fecal MF, M- 08/16/07 400 600 #/100ml Daily
FC Broth,44.5C #/100ml 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.
The Division of Water Quality may pursue enforcement actions for this and any additional
violations of State law.
NorthCarolina
Naturallb(
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 1-877-623-6748

Mr. Wittner Wright
December 7, 2007
Page 2
If the violations are of a continuing nature, not related to operation and/or maintenance
problems, and you anticipate remedial construction activities, then you may wish to consider
applying for a Special Order by Consent. You may contact Don Price of this Office for additional
information.
If you should have any questions, please do not hesitate to contact Janet Cantwell or me at
828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: WQ Asheville Files
WQ Central Files )
Bob Guerra/ Enforcement Files
James & James Environmental/ ORC

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
q North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
—{ Division of Water Quality
'C
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
December 7, 2007
-.CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 7064 2097
Ms. Cathy D. Ball
Engineering Department
City of Asheville
P.O. Box 7148
Asheville, North Carolina 28802
Subject: NOTICE OF VIOLATION
NOV-2007-LV-0578
Permit No. NCO035807
Northfork WTP
Buncombe County
Dear Hanks:
A review of Northfork WTP's monitoring report for September 2007 showed the following
violations:
Parameter Date Limit Value Reported Limit Type
Value
Chlorine, Total Residual 09/12/07 28 ug/1 37 ug/1 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.
The Division of water Quality may pursue enforcement actions for this and any additional
violations of state law.
NorthCarolina
'AWMrallry
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterou2lity.org FAX [phone] 1-877-623-6748

Ms. Cathy Ball
December 7, 2007
Page 2
If the violations are of a continuing nature, not related to operation and/or maintenano
problems, and you anticipate remedial construction activities,then you may wish to consider applying' ,
for a Special Order by Consent. You may contact Don Price of this Office for additional information.
If you should have any questions, please do not hesitate to contact Janet Cantwell or me at
828/296-4500.
Sincerely,
—�
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: WQ Asheville Files
WQ Central Files
Bob Guerra/ Enforcement Files
Brad Boris/ ORC, North Fork WTP �,

Michael F. Easley,Governor
William G.Ross Jr.,Secretary
G North Carolina Department of Environment and Natural Resources
Coleen H.Sullins, Director
® Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
December 7, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 7064 2158
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Board of Education
167 Craven Street
Asheville,North Carolina 28806
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO073814
Buncombe County Board of Education
North Buncombe Elementary School WWTP
Case No. LV-2007-0468
Buncombe County
Dear Mr. Hall:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$165.07
($100.00 civil penalty+ $65.07 enforcement costs) against Buncombe County Board of Education.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Buncombe County Board of Education for the month of
September 2007. This review has shown the subject facility to be in violation of the discharge
limitations and/or monitoring requirements found in NPDES Permit NCO073814. The violations
which occurred in September 2007 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Buncombe County Board of
Education violated the terms, conditions or requirements of NPDES Permit NCO073814 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 Buncombe County Board of Education:
No thCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone[phone] Customer Service
Internet:www.newaterguality.org FAX [phone] 623-7748

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.",,
$.00 NC0073814, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0073814, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD.
$100.00 TOTAL CIVIL PENALTY
$65.07 Enforcement Costs
$165.07 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; andJ
(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
16 t 7 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

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

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

JUSTIFICATION FOR REMISSION REQUEST
NQ Case Number: LV-2007-0468 County: Buncombe
Assessed Party: Buncombe County BOE/N. Buncombe Elementary
Permit No.: NCO073814 Amount Assessed: $165.07
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONML_
AND NATURAL RESOURCES
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
BUNCOMBE COUNTY BOARD OF EDUCATION/)
NORTH BUNCOMBE ELEMENTARY SCHOOL )
PERMIT NO. NCO073814 ) FILE NO. LV-2007-0468
Having been assessed civil penalties totaling $165.07 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated December 7, 2007, 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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j Michael F.Easley,Governor
William G.Ross Jr.,Secretary
G North Carolina Department of Environment and Natural Resources
Ada(� Coleen H.Sullins,Director
—i Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
December 7, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 7064 2080
Ms. Deborah Harrell, President
Days Inn of Candler, Inc.
2551 Smokey Park Highway
Candler, North Carolina 28715
Subject: NOTICE OF VIOLATION
NOV-2007-LV-0577
Permit No. NCO025933
Days Inn West WWTP
Buncombe County
Dear Ms. Harrell
A review of Days Inn West WWTP's monitoring report for September 2007 showed the
following violations:
Parameter Date Limit Value Reported Limit Type
Value
Coliform, Fecal MF, M- 09/25/07 400 600 #/100ml Daily
FC Broth,44.5C #/100m1 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.
The Division of water Quality may pursue enforcement actions for this and any additional
violations of state law.
NorthCarolina
�Ivaturallr�
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 1-877-623-6748

Ms. Deborah Harrell
December 7, 2007 �.
Page 2
If the violations are of a.continuing nature, not related to operation and/or maintenance,
problems, and you anticipate remedial construction activities, then you may wish to consider
applying for a Special Order by Consent. You may contact Don Price of this Office for additional
information.
If you should have any questions, please do not hesitate to contact Janet Cantwell or me at
828/296-4500.
Sincerely,
Roger C. Edwards,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: WQ Asheville Files
WQ Central Files
Bob Guerra/ Enforcement Files
James& James Environmental/ ORC
Chris Dickinson/ Manager, Days Inn Candler

Michael F. Easley, Governor
�r\NATfi
William G. Ross Jr., Secretary
J %�% North Carolina Department of Environment and Natural Resources
7
k Coleen H. Sullins, Director
Division of Water Quality
Asheville
December 7, 2007
Mr. Lee Smith, Director
Water & Sewer Department
City of Hendersonville
305 Williams Street
Hendersonville, North Carolina 28792
Subject: Permit No. WQ0032525
City of Hendersonville
Orchards @ Flat Rock-Phase2
Wastewater Collection System Extension
Henderson County
Dear Mr. Smith:
In accordance with your application received on November 30, 2007, we are forwarding
herewith Permit No. WQ0032525 dated December 7, 2007, to the City of Hendersonville for the
construction and operation of the subject wastewater collection system extension. This permit shall be
effective from the date of issuance until rescinded and shall be subject to the conditions and limitations
as specified therein. This cover letter shall be considered a part of this permit and is incorporated
therein by reference. Please send Roy Davis a copy of the contractor's " notice to proceed" for this
project.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any
individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria
for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable,
unless specifically mentioned herein. Division approval is based on acceptance of the certification
provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the
Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria
and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute
§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection
facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board.
Asheville Regional Office Internet www.ncwaterquality.org
2090 US Highway 70,Swannanoa, NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

City of Hendersonville Decennber 7, 2007 ,
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to the City of Hendersonville for the construction and operation of 2,625 linear feet of 8-inch
diameter gravity sewer and the discharge of 35,680 gallons per day of additional wastewater, from the
Orchards @ Flat Rock-Phase 2, into the City of Hendersonville's existing sewerage system, pursuant to
the application received on November 30, 2007 in conformity with 15A NCAC 2T .0200; 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 wastewater collected by this system shall be treated in the City of Hendersonville's
Wastewater Treatment Facility (Permit No. NC0025534) prior to being discharged into Mud Creek in
the French Broad River Basin.
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 Roy Davis at (828)
i
296-4500.
Sincerely,
for Coleen H. Sullins, Director
Division of Water Quality
cc: Henderson County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0025534)
Surface Water Protection Central Files
Shawn M. Lynch, PE
PERCS Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
CITY OF HENDERSONVILLE
ORCHARD @ FLAT ROCK-PHASE 2
HENDERSON COUNTY
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT NUMBER WQ0032525
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 213 .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 W00032525 City of Hendersonville Orchards c_ Flat Rock-Phase 2. Henderson Co.. Dec. 7, 2'(,
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 .0200; 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 .0200; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 213 .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
2

snit No. W f 032525 City of Hendersonville. Orchards (2 Flat Rock-Phase 2 Henderson Co. Dec. 7, 2007
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [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 7th day of December, 2007
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
fo C 'een H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0032525
3

Permit Na WQ0032525 City of Hendersonville Orchards L@ Flat Dock-Phase 2, Henderson Co.. Dec. 7. 2,-
ENGINEERING CERTIFICATION — POST CONSTRUCTION
System Description: 2,625 linear feet of 8-inch diameter gravity sewer
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.
ENGINEERS 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 .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.
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.

Michael F. Easley, Governor
William G. Ross Jr., Secretary
,, wG North Carolina Department of Environment and Natural Resources
e' 7
> , Coleen H. Sullins, Director
- - Division of Water Quality
Asheville
December 7, 2007
Mr. J. Robert Eoyette, City Manager
City of Marion
Post Office Drawer 700
Marion, North Carolina 28752
Subject: Permit No. W00032508
City of Marion
Catawba River Pump Stations and Force
Mains
Wastewater Collection System Extension
McDowell County
Dear Mr. Soyette:
In accordance with your application received on November 30, 2007 we are forwarding herewith
Permit No. WQ0032508, dated December 7, 2007, to the City of Marion for the construction and
operation of the subject wastewater collection system extension. This permit shall be effective from the
date of issuance until rescinded and shall be subject to the conditions and limitations as specified
therein. This cover letter shall be considered a part of this permit and is incorporated therein by
reference. Please send Roy Davis a copy of the contractors "notice to proceed' for this project.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any
individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria
for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable,
unless specifically mentioned herein. Division approval is based on acceptance of the certification
provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the
Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria
and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute
§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection
facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board.
Asheville Regional Office Internet www.ncwaterquality.org
2090 US Highway 70,Swannanoa,NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone] One
NorthCarolina
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Naturally

City of Marion December 7, 2007 Pag,.
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to the City of Marion for the construction and operation of approximately 195 linear feet of fl-
inch diameter gravity sewer, 290 linear feet of 12-inch diameter gravity sewer, two 540 gpm duplex
style sewage pumping stations, both with audible and visual high water alarms, permanently installed
emergency power generators with Automatic Transfer Switches and telemetry, and 14, 938 linear feet
of 10-inch diameter force main to allow the abandonment of the Catawba River Waste Water Treatment
Plant and the discharge of 250,000 gallons per day of collected domestic wastewater into the City of
Marion's existing sewerage system, pursuant to the application received on November 30, 2007 and in
conformity with 15A NCAC 2T .0200; the Division's Gravity Sewer Minimum Design Criteria adopted
February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting
of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data
subsequently filed and approved by the Department of Environment and Natural Resources and
considered a part of this permit.
The sewage and wastewater collected by this system shall be treated in the City of Marion's
Corpening Creek Wastewater Treatment Facility (Permit No. NC0031879) prior to being discharged into
the receiving stream.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh; NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Roy Davis at (828)
296-4500.
Sincerely,
for ColeBen H. Sullins, Director
Division of Water Quality
cc: McDowell County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0031879)
Randall D. Hintz, PE
Surface Water Protection Section Central Files
PERCS Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
CITY OF MARION
CATAWBA RIVER PUMP STATIONS AND FORCE MAINS
MCDOWELL COUNTY
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT NUMBER WQ0032508
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 213 .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 213 .0506(a), and public notice shall be provided as required by
North Carolina General Statute §143-215.1 C.
1

Permit No `0100032508 City of Marian Catawba Fiver Purrip Stations & Force Mains McDowell CourIty:'L,
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 .0200; 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 .0200; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 213 .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification: _
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional '
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

/VQ00325083 Cit�of Marion Catawba River PU= Stations & Force Mains McDowell County, Dec, 7 2007
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 7th day of December, 2007
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for C ` een H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0032508
3

Permit No.WQ0032508. City of Marion. Catawba River Pump Stations & Force Mains McDowell Count4L."
ENGINEERING CERTIFICATION — POST CONSTRUCTION
System Description: approximately 195 linear feet of 8-inch diameter gravity sewer, 290 linear feet of
12-inch diameter gravity sewer, two 540 gpm duplex style sewage pumping stations, both with audible
and visual high water alarms, permanently installed emergency power generators with Automatic
Transfer Switches and telemetry, and 14, 933 linear feet of 10-inch diameter force main
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.
ENGINEERS CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit;15A NCAC 2T .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.
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.

Michael F. Easley, Governor
x William G. Ross Jr., Secretary�
North Carolina Department of Environment and Natural Resources
> I Coleen H. Sullins, Director
z' .,.'
Division of Water Quality
Asheville
December 10, 2007
Mr. Williams Evans, Manager
MHB Associates Ill, LLC
4124 Club Drive
Atlanta, Georgia 30319
Subject: Permit No. WQ0032509
MHB Associates III, LLC
Town Place Condominiums
Wastewater Collection System Extension
Macon County
Dear Mr. Evans:.
In accordance with your application received on September 21, 2007, and subsequently
resubmitted on November 13, 2007, we are forwarding herewith Permit No. WQ0032509, dated
December 10, 2007, to MHB Associates III, LLC for the construction and operation of the subject
wastewater collection system extension. This permit shall be effective from the date of issuance until
rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter
shall be considered a part of this permit and is incorporated therein by reference. Please send a copy
of your contractor's "Notice to Proceed" to Roy Davis when you begin construction of this collection
system extension.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any
individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria
for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable,
unless specifically mentioned herein. Division approval is based on acceptance of the certification
provided by the North Carolina-licensed Professional Engineer named in the application. it shall be the
Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria
and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute
§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection
facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board.
Asheville Regional Office Internet www.ncwaterquality.org NOne
orthCarol/ina
2090 US Highway 70,Swannanoa, NC 28778 Telephone [phone] Fax [phone] Naturally
DENR Customer Service Center Telephone [phone] J
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MHB Associates III, LLC December 10, 2007 Pad.
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 MHB Associates Ill, LLC for the construction and operation of approximately 295 linear feet
of 8-inch diameter gravity sewer and 415 linear feet of 6-inch diameter gravity sewer to serve the Town
Place Condominiums and the discharge of 6,600 gallons per day of collected domestic wastewater into
the Town of Highland's existing sewerage system, pursuant to the application received on November
13, 2007 and in conformity with 15A NCAC 2T .0200; 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 Highlands
Wastewater Treatment Facility (Permit No. NC0021407) prior to being discharged into the receiving
stream.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Roy Davis at (828)
296-4500.
Sincerely,
for Coleen H. Sullins, Director
Division of Water Quality
cc: Macon County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0021407)
Surface Water Protection Section Central Files
Lee Whipple, PE
PERCS Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
MHB ASSOCIATED III, LLC
TOWN PLACE CONDOMINIUMS
MACON COUNTY
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0032509
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force
Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically
mentioned herein.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system-wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T
.0403:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 days per year). Pump stations that are connected to a telemetry system shall be
inspected at least once per week.
e. High-priority sewer lines shall be inspected at least once per every six-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in
' accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by
North Carolina General Statute §143-215.1C.
1

Permit No. VVQ0032509. MHB Associates III, LLC, Town Place Condominiums Macon County Dec.10,.
4. This permit shall not be transferable. In the event there is a desire for the wastewater collecfi,.
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 .0200; 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 .0200; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 213 .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following_
2

No WQ0032509 MHB Associates I►( LLC Town Place Condominiums, Macon County, Dec.10. 2007
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b_ Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part 11 of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 10th day of December, 2007
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
or of en H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0032509
3

Permit No. W00032509, MHS Associates Ill, LLC, Town Place Condominiums, Macon County, Dec.10. 20
ENGINEERING CERTIFICATION — POST CONSTRUCTION
System Description:
<t19r linear feet of 8-in i diameter gravity sewer andl 41 5 linear feet of 6-iinch diameter gravity ity sewer
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.
ENGINEERS CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑ weekly, ❑full time) the construction of the above referenced
project for the Permittee hereby state that, to,the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T .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.
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
considereda violation of the permit and shall subject the Permittee to appropriate enforcement actions.

/} Michael F.Easley,Governor
Q� William G.Ross Jr.,Secretary
t-- North Carolina Department of Environment and Natural Resources
Alan W.Klimek,P.E.Director
Division of Water Quality
m
December 10, 2007
DWQ Project # 07-0784 Version 3
Jackson County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED 7006 3450 0002 7064 2196
Jim Bryson & Roland Pugh
Post Office Box 246
Highlands, NC 28741
Subject Property: Slab Town Road Project
Stormwater Extension Request
Slab Town Road, Cashiers, NC
Dear Mr. Bryson & Pugh :
On December 6, 2007, the Division of Water Quality (DWQ) received your request for
an extension of the stormwater plan submittal to 24 months. The condition in question
reads as follows:
6. Written Stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan (including a signed and notarized
Operation and Maintenance Agreement) shall be submitted to the 401 Oversight
and Express Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC,
27604) within 60 days of the issuance of the 401 Water Quality Certification.
The stormwater management plans shall be approved in writing by this
Office before the impacts specified in your application may be performed.
The stormwater management plan must include plans, specifications, and
worksheets for stormwater management facilities that are appropriate for the
surface water classification (ORW, Trout) and designed to remove at least 85%
TSS according to the most recent version of the NC DENR Stormwater Best
Management Practices Manual These facilities must be designed to treat the
runoff from the entire project, unless otherwise explicitly approved by the Division
of Water Quality. Also, before any permanent building is occupied at the
subject site, the facilities (as approved by this Office) shall be constructed
and operational, and the stormwater management plan (as approved by
this Office) shall be implemented. The structural stormwater practices as
approved by this Office as well as drainage patterns must be maintained in
perpetuity. No changes to the structural stormwater practices shall be made
without written authorization from the Division of Water Quality.
NorthCarolina
401 Wetlands Certification Unit Naturalld./
1650 Mail Service Center,Raleigh,North Carolina 27699-1650
2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604
Phone: [phone]/FAX [phone]/Internet:vvvvw.ncvvaterguality,orc;
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Slabtown Road
Decembe
In the case of this project, the Individual State Stormwater Permit is the plan which you.,
401 Water Quality Certification is referring to. You must seek this through the Asheville .
Regional Office.
As the condition states that you cannot perform any of the approved wetland or stream
impacts until such a time as your having an approved stormwater plan with signed
operation agreements, extending the deadline for the submission of the stormwater plan
submission date only delays your ability to perform whole site grading activities. This
office needs a clearer understanding as to how the 24 month extension will benefit the
project and allow for the project to meet it's Water Quality Certification conditions.
Additionally, it is also the understanding of this office that the only real changes that
need to be made to the Stormwater Management Plan are elevations. If this is the
case, this office is more concerned that water moves through the treatment system and
that the treatment is adequate to meet both the Surface Water Quality Standards and
the issued 401 Water Quality Certification. Should elevation adjustments be necessary,
you may submit your plan with the caveat that as-built drawings will be submitted
showing the final elevations of all treatment units and any other minor necessary
changes made during construction.
Should you have any questions in the matter, please do not hesitate to contact Mrs.
Starr Silvis or Mr. Kevin Barnett at 828-296-4500.
Sincerely,
�, -
Roger C. Edwards, Regional Supervisor
Surface Water Protection Unit
Division of Water Quality
J RD/khb
cc: Victor Lofquist, P.E.
Lofquists and Associates, Inc.
11 Citrus Drive
Sylve, NC 28779
Pam Boaze
Fish and Wildlife Associates
Cyndi Karoly, DWQ Central Office
Lori Beckwith, USACE Asheville Regulatory Field Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files

C� Michael F.Easley,Governor
William G.Ross Jr.,Secretary
p North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
December 10, 2007
DWQ Project # 07-1817
Jackson County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
7006 3450 0002 7064 2219
Lavergne Raia
5220 N. FL. 30" Terrace
Lighthouse Point, Florida 33064
Subject Property: Lakeside Village, Lot 6
Glenville, NC
REQUEST FOR MORE INFORMATION
Dear Ms. Raia:
On November 13, 2007, the NC Division of Water Quality received your new application
for shoreline stabilization with respect to your property on Lake Glenville. Based on our
review of your submitted application, the DWQ has determined that your application
was incomplete and/or provided inaccurate information as discussed below. The DWQ
will require additional information in order to process your application to impact
protected wetlands and/or streams on the subject property. Therefore, unless we
receive the additional information requested below, we will have to move toward denial
of your application as required by 15A NCAC 2H .0506 and will place this project on
hold as incomplete until we receive this additional information. Please provide the
following information so that we may continue to review your project.
Additional Information Requested:
1. 15A NCAC 02H .0506 (f) requires that "a lack of practical alternatives" be
demonstrated. No discussion with respect to natural stabilization or lower impact
stabilization have been discussed.
Nofle
rthCarolina
401 Wetlands Certification Unit Xaturallry
1650 Mail Service Center,Raleigh,North Carolina 27699-1650
2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604
Phone: [phone] FAX [phone]/Internet:http://h2o.enr.state.nc.us/riowetiands
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Janua.
2. In accordance with meetings with Duke Power Representatives during the spry.
of 2004, photographs should accompany each application detailing the erodeo
areas, site conditions, and provide a scale from which the Division of Water
Quality can determine the extent of the eroded cut bank should accompany the
submitted application. The submitted documentation provides no scale nor
provides a compelling justification for the requested impacts.
3. Application Item II, 8. b. asks for a description of the existing vegetation within 50
feet of the edge of water. As Lake Glenville is classed Water Supply — III, B,
Trout, HQW, there is a required 25 foot wooded trout buffer (15A NCAC 04B
.0125) overlaid with a 30 foot vegetated Water Supply Watershed buffer (12A
NCAC 02B .0215). A discussion as to how this will be maintained, enhanced
should be provided
You must provide a clear and concise response to the above listed deficiencies. Please
respond before the close of business on January 7, 2007 by sending 5 copies of this
information to both the 401 Permitting Unit at:
Mrs. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
and a copy to the Asheville Regional Office at:
i
Kevin Barnett
Surface Water Protection Section
2090 US HWY 70
Swannanoa, NC 28778
If we do not hear from you before January 7, 2007, we will assume that you no longer
want to pursue this project and we will consider the project as withdrawn.

Donald Baurle
Page 3of 3
January 16,2007
(his letter only addresses the 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 Mr.
Kevin Barnett at 828-296-4657 if you have any questions regarding or would like to set
up a meeting to discuss this matter.
Sincerely,
Roger C. Edwards, Regional Supervisor
Division of Water Quality
Surface Water Protection Section
RCElkhb
cc: USACE Asheville Regulatory Field Office
David McHenry, Wildlife Resources Commission
Lisa Leatherman, Duke Energy Lake Management
271 NP&L Loop Road
Franklin, NC 28734
Cyndi Karoly, 401 /Wetlands Central Office
File Copy
Central Files
Filename: 07-1817.LavergnaRaia.Add-Info

j Michael F.Easley,Governor
Q(✓ William G.Ross Jr.,Secretary
PNorth Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
December 10, 2007
DWQ Project#07-1880
Jackson County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
7006 3450 0002 7064 2226
Rob Dolsak
10200 Pointview Court
Orlando, Florida 32836
Subject Property: Lot 16, Unit 3, Strawberry Hill
Glenville, NC
REQUEST FOR MORE INFORMATION
Dear Mr. Dolsak:
On November 5, 2007, the NC Division of Water Quality received your new application
for shoreline stabilization with respect to your property on Lake Glenville. Based on our
review of your submitted application, the DWQ has determined that your application
was incomplete and/or provided inaccurate information as discussed below. The DWQ
will require additional information in order to process your application to impact
protected wetlands and/or streams on the subject property. Therefore, unless we
receive the additional information requested below, we will have to move toward denial
of your application as required by 15A NCAC 2H .0506 and will place this project on
hold as incomplete until we receive this additional information. Please provide the
following information so that we may continue to review your project.
Additional Information Requested:
1. 15A NCAC 02H .0506 (f) requires that "a lack of practical alternatives" be
demonstrated. No discussion with respect to natural stabilization or lower impact
stabilization have been discussed.
NOne
thCarolina
401 Wetlands Certification Unit NAt-ira l!!f
1650 Mail Service Center,Raleigh,North Carolina 27699-1650
2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604
Phone: [phone] FAX [phone] Internet:http://h2o.enr.state,nc.us/i)cwetiands
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Doi
Pa.
January 16,,
2. In accordance with meetings with Duke Power Representatives during the spring
of 2004, photographs should accompany each application detailing the eroded
areas, site conditions, and provide a scale from which the Division of Water
Quality can determine the extent of the eroded cut bank should accompany the
submitted application. The submitted documentation provides no scale nor
provides a compelling justification for the requested impacts.
3. Application Item II, 8. b. asks for a description of the existing vegetation within 50
feet of the edge of water. As Lake Glenville is classed Water Supply — III, B,
Trout, HQW, there is a required 25 foot wooded trout buffer (15A NCAC 04B
.0125) overlaid with a 30 foot vegetated Water Supply Watershed buffer (12A
NCAC 02B .0215). A discussion as to how this will be maintained, enhanced
should be provided
You must provide a clear and concise response to the above listed deficiencies. Please
respond before the close of business on January 7, 2007 by sending 5 copies of this
information to both the 401 Permitting Unit at:
Mrs. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
and a copy to the Asheville Regional Office at:
Kevin Barnett
Surface Water Protection Section
2090 US HWY 70
Swannanoa, NC 28778
If we do not hear from you before January 7, 2007, we will assume that you no longer
want to pursue this project and we will consider the project as withdrawn.

Donald Baurle
Page 3of 3
January 16,2007
This letter only addresses the 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 Mr.
Kevin Barnett at 828-296-4657 if you have any questions regarding or would like to set
up a meeting to discuss this matter.
Sincerely,
Roger C. Edwards, Regional Supervisor
Division of Water Quality
Surface Water Protection Section
RCE/khb
cc: USACE Asheville Regulatory Field Office
David McHenry, Wildlife Resources Commission
Lisa Leatherman, Duke Energy Lake Management
271 NP&L Loop Road
Franklin, NC 28734
-- Cyndi Karoly, 401 /Wetlands Central Office
File Copy
Central Files
Filename: 07-1880.RobDolsak.Add-Info

j�..
��/
'�
�'/

Michael F.Easley,Governor
(i William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
4 per ° Coleen H.Sullins Director
Division of Water Quality
SURFACE WATER PROTECTION SECTON
December 10, 2007
DWQ Project # 07-1651
McDowell County
Joseph Poats
338 South Sharon Amity Road, #311
Charlotte, North Carolina 28211
Subject Property: 1780 / Phase II 1 Lot #56
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Poats
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 165 linear feet of shoreline for the purpose
of stabilization at the subject property, as described within your application received by
the N.C. Division of Water Quality (DWQ) on September 28, 2007 and additional
information received October 22, 2007. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s)
3687 (GC3687). The Certifications) allows you to use Permit(s) GP30 when issued by
the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise
comply with any other required federal, state or local permits before you go ahead with
your project including (but not limited to) Erosion and Sediment Control, Non-discharge,
and buffer regulations. Also, this approval to proceed with your proposed impacts
or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose that you described in your application. If you change
your project, you must notify us and you may be required to send us 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 fills
for this project (now or in the future) exceed one acre of wetland or 150 linear feet of
stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
North Carolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet:www.ncvvatercl!1 ty.om FAX [phone] 1-877-623-7748
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Decem
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount Plan Location or Reference
Approved (Units)
Shoreline 165 (linear feet) A
2. Erosion & Sediment Control Practices
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.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation,.
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.

Joseph Poats
Page 3 of 5
December 10,2007
4. No Sediment & Erosion Control Measures w/n Wetlands or 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 has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Riprap Installation
All banks shall be laid back at a 2:1 (length : height) slope and riprap applied at
the water / land interface (at full pool). Riprap shall be placed as a linear
protective measure upon the regraded slopes. Stone used in stabilization shall
be at least Class B riprap in size with at least 2 boulders per 100 linear feet of up
to 6 feet in diameter to provide additional wildlife habitat. The rip-rap shall be
installed over a toed in filter fabric to prevent soil erosion behind the stabilized
area. All exposed soils, above the Riprap stabilized area, to a distance of 30 feet
from the top of bank shall be replanted in accordance with the attached
Guidelines for Riparian Buffer Restoration. This authorization shall in no way
be construed as allowing the installation of a bulkhead or seawall.
7. Heavy Equipment
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.
8. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected stream buffers
such that it will not re-concentrate before being discharged. If this is not possible,
it may be necessary to provide stormwater facilities that are considered to
remove nitrogen. This may require additional approval from this Office.

December"
9. Catawba River Buffer Tree Protection
Catawba Buffer Tree Protection
No trees shall be removed from Zone 1 of the Catawba Buffer unless they are
directly within the construction access corridor. If trees are removed, forested
vegetation shall be re-established within the construction access or other temporary
impact area occurring in the protected buffer zone within the next growing season
following construction of the project-,
Grading and Revegetation within Zone 2
The plans provided along with the application depict grading activities within Zone 2
of the protected buffer. This activity is designated as "exempt' under the Buffer
Rule provided that fill is not placed in Zone 1, diffuse flow is maintained as per the
Buffer Rule, the disturbed areas are stabilized and revegetated, and the health of
the existing vegetation in Zone 1 is not compromised.
Please see attached Catawba Buffer Rules (15A NCAC 02B .0243).
As McDowell County has a delegated buffer Program, please feel free to contact
the McDowell County Planning Office for further clarification.
10. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or
riparian areas beyond the footprint of the impacts depicted in the Pre-
construction Notification. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water
quality standards, statutes, or rules occur.
11. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure
compliance for future wetland, water and buffer impact. These mechanisms shall
be put in place prior to impacting any wetlands, waters and/or buffers approved
for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web
site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed
notification may be modified as appropriate to suit to this project.

Joseph Poats
Page 5 of 5
December 10,2007
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The 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 404 or CAMA
Permit.
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 the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please contact Mr. Kevin Barnett in the
DWQ Asheville Regional Office at either Kevin Barnett(c�ncmail.net or at 828-296-4657.
Sincerely,
+- Coleen H. Sullins, Director
Division of Water Quality
CHS
Enclosures: GC 3687
Certificate of Completion
Guidelines for Riparian Buffer Restoration
15A NCAC 02B .0243
cc: Carissa Castle, Bennick Grading and Excavating
1769 Waterford Way
Morganton, NC 28655
USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 07-1651.PoatsProperty.Approval

�'/J.
�',,.
\�

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
Vi .t ,=
December 10, 2007
DWQ Project# 06-1046.Version 2
Madison County
Rick Busey
Haw Mountain Enterprises, LLC
Post Office Box 864
Weaverville, NC 28787
Subject Property: Scenic Wolf Airport
Scenic Wolf Laurel, Madison County
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Busey:
This Authorization is being reissued to address the expired, previously issued,
401 Water Quality Certification. You have our approval, in accordance with the
attached conditions and those listed below, to place fill within or otherwise impact 0.32
acres of wetlands and 156 linear feet of streams for the purpose of property
development at the subject property, as described within your application received by
the N.C. Division of Water Quality (DWQ) on July 3, 2006. After reviewing your
application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3705 (GC3705). The Certification(s) allows you to use
Nationwide Permit(s) 29 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state or
local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control, Non-discharge, stormwater, and buffer regulations. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters
as depicted in your application shall expire upon expiration of the 404 or CAMA
Permit.
This approval is for the activities described in your application. If you change your
project, you must notify us and you may be required to send us 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 fills for this
project (now or in the future) exceed one acre of wetland or 150 linear feet of stream,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h).
This approval requires you to follow the conditions listed in the attached certification and
any additional conditions listed below.
The Additional Conditions of the Certification are:
NorthCarolina
401 Wetlands Certification Unit Naturall1l
1650 Mail Service Center,Raleigh,North Carolina 27699-1650
2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604
Phone: [phone] FAX [phone] Internet:http Nh2o enr.state nc.u-S%ncivetl and s
An Equal Opportunity/Affirmative Action Employer-50%Recycledil0%Post Consumer Paper

ScerA..
Decembei.
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount Approved Plan Location or Reference
(Units)
Wetland 1 0.04 (acres) Fill
Wetland 2 0.05 (acres) Fill
UT to Puncheon Fork 122 (linear feet) Culvert
UT to Puncheon Fork 34 linear feet) Culvert
2. Erosion & Sediment Control Practices
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 J
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.

Scenic Wolf Laurel
Page 3 of 8
December 10,2007
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or 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 has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 40.1/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Stream Stabilization (Final Plan Needed)
Before any of the.impacts authorized in this Certification occur, you must provide
and receive written approval from this Office for a final stream restoration plan for
the stream segments which currently flow downslope of the proposed runway,
impacted by the previous logging operation. The plan must include designs and
specifications that meet the definition of stream restoration (or enhancement if no
relocation is proposed) according to the latest version of the Internal Technical
Guide for Stream Work in North Carolina (available at
http://h2o.ehnr.state.nc.us/ncwetiands/strmgide.html). The stream and buffer
relocation must be constructed, maintained, and monitored according to the
plans approved by this Office. Any repairs or adjustments to the site must be
made according to the approved plans or must receive written approval from this
Office to make the repairs or adjustments. The created stream must be
preserved in perpetuity by use of a conservation easement or other similar
mechanism as part of this approval.
A. Deed Restrictions — Deed restrictions or similar mechanisms shall be
placed on the lot / lots to assure compliance with the conditions of this
variance approval. These mechanisms shall be put in place prior to

Sceii
December.
impacting any waters or buffers. The Deed Restrictions shall include t,
following paragraph.
"The areas shown on the recorded plat as Riparian Buffer Protection
Areas shall be maintained in perpetuity in their natural or mitigated
condition. No person or entity shall fill, grade, excavate, or perform any
other land disturbing activities; nor cut, remove, or harm any vegetation;
nor construct any structures or add any additional impervious surfaces, on
such protected areas without written authorization from the Division of
Water Quality (DWQ). This covenant is intended to ensure continued
compliance with authorizations issued by the State of North Carolina,
Division of Water Quality, DWQ Project Number 03-1030, and therefore
may be enforced by the State of North Carolina. This covenant is to run
with the land, and shall be binding on the Owner, and all parties claiming
under it."
All Deed Restrictions shall be recorded with the County Records Office
within 30 days of issuance of this authorization and copies be submitted to
this office within 30 days of recording.
B. Riparian Buffer Protection Areas — The "Riparian Buffer Protection Areas"
shall include all restored riparian buffers as a condition of this approval.
(25 linear feet from top of bank on both sides of all jurisdictional streams
and around all wetlands).
7. Diffuse Flow
Devices shall be constructed such that the discharge of any flows less that the 10
year storm event shall not be discharged at erosive velocities. 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 stream. If this is not
possible, it may be necessary to provide stormwater facilities that are considered
to remove nitrogen. These devices will require additional approval from this
Office.
8. Protective Fencing
The outside buffer, wetland or water boundary and along the construction
corridor within these boundaries approved under this authorization shall be
clearly marked with orange warning fencing (or similar high visibility material) for
the areas that have been approved to infringe within the buffer, wetland or water
prior to any land disturbing activities.

Scenic Wolf Laurel
Page 5 of 8
December 10,2007
9. Turbidity Standard
The turbidity standard of 10 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. Continuous
monitoring by onsite, calibrated, continuous recording, equipment must be
performed both upstream and downstream of any instream work. The results of
this monitoring must be submitted along with the below required stability
monitoring. Additionally, should the results indicate a violation of the turbidity
standard, all work shall cease until such a point the measures are implemented
to protect surface waters form further violations.
10.Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the
Division of Land Resources (DLR) or a DLR delegated local erosion and
sedimentation control program, an NPDES General stormwater permit
(NCG010000) administered by DWQ is automatically issued to the project. This
General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is
covered by this permit [applicable to construction projects that disturb one (1) or
more acres], full compliance with permit conditions including the sedimentation
control plan, self-monitoring, record keeping and reporting requirements are
required. A copy of this permit and monitoring report forms may be found at
http-//h2o enrstate.nc.us/su/Forms Documents.htm.
11.Temporary Fills
All temporary fill and culverts shall be removed and the impacted area returned
to the original grade, including each stream's original cross sectional dimensions,
planform pattern, and longitudinal bed and bed profile after construction is
complete or within 6 months of the establishment of the crossing, which ever is
sooner, and the various sites shall be stabilized with natural woody vegetation
(except for the maintenance areas of permanent utility crossings) and restored to
prevent erosion. If the crossings are not completely removed and restored as
described above within the specified time above, additional written approval from
this Office must be obtained to modify this condition.
12.Culvert Installation
Culverts required for this project shall be installed in such a manner that the
original stream profiles are not altered. Existing stream dimensions (including the
cross section dimensions, pattern, and longitudinal profile) must be maintained

Sce,.
Decembe.
above and below locations of each culvert. Culverts shall be designed
installed to allow for aquatic life movement as well as to prevent head cutting of t,.
streams. If any of the existing pipes are or become perched, the appropriate
stream grade shall be re-established or, if the pipes installed in a perched manner,
the pipes shall be removed and re-installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or
erosion of the stream up or down stream of the culvert(s). Existing stream
dimensions (including the cross section dimensions, pattern and longitudinal
profile) shall be maintained above and below locations of each culvert. Therefore,
you must provide plans with adequate details that indicate that the current stability
of the stream will be maintained or enhanced. You must receive written approval
from this Office for the above plans before the culvert(s) is installed. Culvert(s)
must be installed according to approved plans.
The establishment of native, woody vegetation and other soft stream bank
stabilization techniques must be used instead of rip rap or other bank hardening
methods. If rip-rap is necessary, it shall not be placed in the stream bed, unless
specifically approved by the Division of Water Quality.
13.Riparian Zone Replanting
Replanting of vegetation within disturbed areas located within 25 feet of the
streambank or wetland edges, associated with any land disturbing activity, repair,
replacement and/or maintenance must be done in a manner consistent with the
Guidelines for Riparian Buffer Restoration immediately following construction.
(Please see attached.)
17.In stream construction and disturbance shall be prohibited within 25 feet of the top of
banks except where permitted crossings will occur.
14.If concrete is used during construction (e.g., headwalls), a dry work area must be
maintained to prevent direct contact between curing concrete and stream water.
Water that inadvertently contacts live concrete should not be discharged to surface
waters due to the potential for water chemistry change and a fish kill. Any impact
areas due to grading for impervious structures (such as driveways / runways /
taxiways) shall utilize retaining walls as opposed to fill slopes to minimize
impacts.
15.Rock, sand, or other materials should not be dredged from the stream channels
except in the immediate vicinity of the crossings. Instream dredging has severe
effects on aquatic life and disturbance of the natural form of the channel can cause
downstream erosion problems. The natural dimension, pattern, and profile of the
channels adjacent to the crossings should not be modified by widening or changing
their depths.
16.Sandbags, flexible pipe, or other diversion structures should be used to avoid
excavation in flowing water. Materials used for flow diversions must be removed
from the stream bed after completing the construction work. Any diversion channels
must be lined with fabric and/or rock.

Scenic Wolf Laurel
Page 7 of 8
December 10,2007
_)torm water from roads / driveways / impervious areas throughout the project should
be directed to vegetated buffer areas (e.g. level spreaders) or retention basins and
not routed directly to streams. Drop inlets on streams must not be constructed.
18.Any riprap placed for inlet or outlet stabilization should be clean and limited to the
stream bank below the high water mark and vegetation should be used above. Rip
rap must not be placed in stream channels in a manner that obstructs fish passage.
19.All crossings should be constructed as close to perpendicular to the stream channels
as possible to minimize stream and buffer disturbance. Road and utility alignments
should be set-back as far as possible from stream channels to minimize
sedimentation and buffer disturbance.
20.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. Discharging hydroseed mixtures
and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited.
21.The remaining lengths of streams, wetlands and riparian areas on the tract should
be protected in either their existing or improved state (i.e. with native vegetation
reestablished where absent) in perpetuity from fill, vegetation removal, and other
forms of disturbance with deed restrictions or similar instrument. A riparian buffer
width of 25 feet is minimally consistent with the "trout buffer rule", but wider buffers
are recommended to provide more water quality and habitat functions.
22.All jurisdictional waters on the site shall be inspected weekly for stability (longitudinal
profile, cross sectional dimension, and pattern) and a monthly report submitted to
the Asheville Regional Office within 15 days of the end of each month.
23.Bottomless Culverts must span from high bank to high bank. The digging of footers
which change the flow of the stream, or otherwise impact the natural course on the
stream are prohibited.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The 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 404 or CAMA
Permit.
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.

Sce.,
Decemb&'
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 Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721 or Kevin Barnett in the DWQ Asheville
Regional Office at either Kevin.Barnettancmail.net or at 828-296-4657.
Sincerely,
for Coleen H. Sullins, Director
Division of Water Quality
AW K/khb
Enclosures: GC 3705
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: USACE Asheville Regulatory Field Office
Cyndi Karoly, DWQ 401 Central Office
DLR Asheville Regional Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 06-1046Version2.ScenicWolfAirport.approval

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Coleen H.Sullins Director
� 16 . Division of Water Quality
SURFACE WATER PROTECTION SECTON
December 10, 2007
DWQ Project# 07-1798
Macon County
Elizabeth Lawrence
603 Hemlock Hills Drive
Franklin, North Carolina 28734
Subject Property: 342 Arrowhead Crossing, Lake Nantahala
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mrs. Lawrence:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact approximately 100 linear feet of shoreline
for the purpose of stabilization at the subject property, as described within your
application received by the N.C. Division of Water Quality (DWQ) on September 28,
2007 and additional information received October 22, 2007. After reviewing your
application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3687 (GC3687). The Certification(s) allows you to use
Permit(s) GP30 when issued by the US Army Corps of Engineers (USACE). In addition,
you should obtain or otherwise comply with any other required federal, state or local
permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, Non-discharge, and buffer regulations. Also, this approval to
proceed with your proposed impacts or to conduct impacts to waters as depicted
in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose that you described in your application. If you change
your project, you must notify us and you may be required to send us 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 fills
for this project (now or in the future) exceed one acre of wetland or 150 linear feet of
stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
NorthCarolina
Xatuwllb(
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet:www.ncwatercuality.org FAX [phone] 1-877-623-7748
An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper

D
1. Impacts Approved
The following impacts are hereby approved as long as all of the other spec:,
and general conditions of this Certification (or Isolated Wetland Permit) are met.,
No other impacts are approved including incidental impacts:
Amount Plan Location or Reference
Approved (Units)
Shoreline 100 (linear feet) A
2. Erosion & Sediment Control Practices
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 Carolinas
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.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.

Elizabeth Lawrence
Page 3 of S
December 10, 2007
No Sediment & Erosion Control Measures w/n Wetlands or 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 has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Riprap Installation
All banks shall be laid back at a 2:1 (length : height) slope and riprap applied at
the water / land interface (at full pool). Riprap shall be placed as a linear
protective measure upon the regraded slopes. Stone used in stabilization shall
be at least Class B riprap in size with at least 2 boulders per 100 Linear feet of up
to 6 feet in diameter to provide additional wildlife habitat. The rip-rap shall be
installed over a toed in filter fabric to prevent soil erosion behind the stabilized
area. All exposed soils, above the Riprap stabilized area, to a distance of 30 feet
from the top of bank shall be replanted in accordance with the attached
Guidelines for Riparian Buffer Restoration. This authorization shall in no way
be construed as allowing the installation of a bulkhead or seawall.
7. Heavy Equipment
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.
8. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected stream buffers
such that it will not re-concentrate before being discharged. If this is not possible,
it may be necessary to provide stormwater facilities that are considered to
remove nitrogen. This may require additional approval from this Office.

Dec,
9. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or.
riparian areas beyond the footprint of the impacts depicted in the Pre-
construction Notification. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water
quality standards, statutes, or rules occur.
11. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure
compliance for future wetland, water and buffer impact. These mechanisms shall
be put in place prior to impacting any wetlands, waters and/or buffers approved
for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web
site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed
notification may be modified as appropriate to suit to this project.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The 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 404 or CAMA `-'
Permit.
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.

Elizabeth Lawrence
Page 5 of 5
December 10, 2007
,is letter completes the review of the Division of Water Quality under Section 401 of
,ne Clean Water Act. If you have any questions, please contact Mr. Kevin Barnett in the
DWQ Asheville Regional Office at either Kevin.BarnettQncmail.net or at 828-296-4657.
Sincerely,
a
Coleen H. Sullins, Director
Division of Water Quality
CHS
Enclosures: GC 3687
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 07-1798.LawrenceProperty.Approval

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
... Coleen H.Sullins,Director
s Division of Water Quality
a�
December 10, 2007
Mr. Mike Pettyjohn,P.E.
Division Engineer
N.C. Department of Transportation
Post Office Box 250
North Wilkesboro,North Carolina 28659
Subject: Inspection
US Highway 321
DWQ Project No. 041246
TIP No. R-2237B
Caldwell County
Dear Mr. Pettyjohn:
On November 28, 2007,1 visually inspected the construction work on US Highway 321 in Caldwell County
and the project appeared to be in good shape. Construction work is progressing mainly at the northern end of
the project. The erosion and sedimentation control structures,vegetative covering,mulching and matting
appear to be working properly.
Binder paving has been completed on approximately one half of the project and completed areas appear to be
in good shape. 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: 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
o",e
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer

DWQ Site Visits for DOT Projects
Field Sheet
DWQ representative: Michael R. Parker Date: December 7,2007
County: Caldwell Region: Asheville
DOT Division: Division 11
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 041246 NW Permit#: IP
Project Name: U S Highwav 321 Widening
Location of Project: US 321 approx. 5 miles North of Lenoir to South of Blowing Rock,NC
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities(DOT): Water Quality Concerns (DWQ):
❑ Bridge ❑ Steam Standards Violation
X❑ Culvert X❑ Turbidity
❑ Bottomless Culvert ❑ Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
X❑Riprap Inlet/Outlet Stabilization ❑ Solid Waste
X❑ Spoil Pile ❑ Failed E& S control measures
❑Borrow Pit X❑ Sedimentation Impacts
❑Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration ❑ Fill
❑ Buffer Restoration ❑ Other
❑ Bank Stabilization
X❑ Other
Additional Wetland Impacts: ❑yes X❑no Estimated Acres
❑ Zone 1 Est Acres ❑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

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DWQ Site Visits for DOT Projects
Background Info
Name of Waterway(s): Rocky Cove Creek, Greenfield Branch,unnamed tributary to Puncheon
Camp Creek,unnamed tributary to Right Fork Mulberry Creek,
unnamed tributary to Left Fork Mulberry Creek
Basin/ Subbasin: CTB-030831 Yadkin-030701
Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US)
Stream Class: ❑Class B 0303d Listed ❑WS-II ❑WS-V ❑SB
X❑Class C ❑ORW X❑Trout ❑WS-III ❑NSW
X❑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— 1/10"' acre X❑1/1Ith to 1/3rd 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:
Project appeared to be in good condition. Sediment and erosion control program appears to
be in good shape. Seeding, mulching and matting continues in construction areas that have
been completed. All fill areas appear to be in good condition. The main work area is the
large rock cut, at the S-curves, near the top of the project. No work is presently taking place
at the lower end of the project. Some minor sediment and erosion control work needs to be
performed.
Approximately one half of the roadway has been paved.
The stream relocation work has been completed across from the field office.
Please continue to maintain sediment and erosion control devices and continue with seeding
and mulching to protect state surface waters.

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Michael F.Easley,Governor
f
✓_ William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
December 10, 2007
Mr. J. B. Setzer,P.E.
Division Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection
US Highway 64 Widening-Relocation
DWQ Project No. 041594 R-977A
Cherokee County
Dear Mr. Setzer:
On November 14, 2007,I visually inspected the construction work on the US Highway 64 project near
Murphy in Cherokee County. It appears that the construction work is continuing in the Martin's Creek and
Hiwassee River areas. All waste areas appear to be in good condition. Approximately one half of the project
has been paved. Please continue to maintain the sediment and erosion control structures so that State surface
waters can be protected. Specific items are listed in the attached inspection report.
If you have questions,please call me at 828.296.4500.
Sincerely,
s
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Mark Davis,Division 14, DEO
Trent Anderson,Resident Engineer
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Niki Maher,NPS Assistance and Compliance Oversight Unit
Mike Parker, Asheville Regional Office
N rthCarolina
�7Vaturally
/North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer

DWQ Site Visits for DOT Projects
Field Sheet
DWQ representative: Michael R.Parker 71 Date: December 7,2007
County: Cherokee Region: Asheville
DOT Division: Division 14
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 04-1594 NW Permit#:1 IP#: 3457
Project Name: U S Hiv-hwav 64 Relocation
Location of Project: From U S 74/19/129 in Murphy to east of NC 141 in Peachtree,N C
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities (DOT): Water Quality Concerns (DWQ):
X❑Bridge ❑ Steam Standards Violation
X❑ Culvert ❑ Turbidity
❑ Bottomless Culvert ❑ Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
X❑Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E & S control measures
❑ Borrow Pit ❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration ❑ Fill
X❑ On-site Stream Relocation ❑ Buffer Impacts (see below)
❑ Buffer Restoration ❑ Other
❑Bank Stabilization
❑ Other
Additional Wetland Impacts: ❑ yes X❑ no Estimated Acres
❑Zone 1 Est Acres ❑Zone 2 Est Acres
Additional Stream Impacts: ❑yes X❑ no Est Linear feet
Estimated linear feet of impact:
Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba
Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ =ac
Zone 2: ❑Yes [—]No Est linear ft/acreage of buffer impact ft/ ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited

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DWQ Site Visits for DOT Projects
Background Info
Name of Waterway(s): Unnamed tributaries to Hiwassee River,Hampton Creek,Martin Creek,
McComb Branch and Hampton Creek
Basin/Subbasin: Hiwassee 040502
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
X❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: ❑0— 1/101h acre ❑1/11`h to 1/3`d acre
X❑1/3`d to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet
Looked at entire project. Project appears to be in good shape. Work continues at the cut site near Martins
Creek. Waste areas appear to be in good shape.
Binder paving had been completed on approximately one half of the project. Some shoulder work was being
performed.
Continue to maintain erosion control devices and continue with seeding and matting as required.
The project looked good overall.
Project is approximately 70%complete.

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ATL�j9 Michael F.Easley,Governor
QG William G.Ross Jr.,Secretary
rNorth Carolina Department of Environment and Natural Resources
.� Coleen H.Sullins,Director
Division of Water Quality
December 10,2007
John and Suzanne Pruett
1 Riverbend Drive
Asheville,North Carolina 28803
Subject: Wastewater Treatment System Options - Recommendation
Dear Mr. And Mrs.Pruett:
This letter is offered as additional recommendation to explore an alternative on-site wastewater treatment
system for your residence.
Discussions held between Asheville regional office staff from the Divisions of Water Quality and
Environmental Health and the Buncombe County Health Center have led to this communication.
DWQ recommends the completion and submittal of an Application Improvement Pern2it/Construction
Authorization with the Buncombe County Health Center for a new septic system at your residence(see
enclosed). Visual evaluation of your property seems to indicate that it may be possible to install a septic tank
with a pump system and nitrification field. Submittal of the application, along with the applicable fee, will
provide the opportunity for Buncombe County Environmental Health staff to evaluate the soil and site
conditions on your property and make a determination as to wastewater disposal system options for your
home. If approved,construction of anew septic system would allow you to discontinue use of the current
jet-aeration wastewater treatment system and apply to rescind the associated NPDES permit.
Upon receiving this letter,it is suggested you contact Ken Castelloe of the Buncombe County Environmental
Health Center at phone number 828-250-6900 for further explanation regarding the permitting possibilities
and process.
Please contact me at the phone number below,if you have any questions or concerns in this matter that I
might assist you with.
Sincerely,
Chuck Cranford
Environmental Specialist
ENC: Application for Construction Authorization
Instructions
CC: Ken Castelloe—Buncombe County
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer 50%Recycled/10%Post Consumer Paper

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,JATF�4 Michael F.Easley,Governor
Q� William G.Ross Jr.,Secretary
i North Carolina Department of Environment and Natural Resources
>
(y Coleen H.Sullins,Director
Division of Water Quality
December 10, 2007
Gordon and Kimberly Patrizio
6 Riverbend Drive
Asheville,North Carolina 28803
Subject: Wastewater Treatment System Options -Recommendation
Dear Mr. And Mrs.Patrizio:
This letter is offered as additional recommendation to explore an alternative on-site wastewater treatment
system for your residence.
Discussions held between Asheville regional office staff from the Divisions of Water Quality and
Environmental Health and the Buncombe County Health Center have led to this communication.
DWQ recommends the completion and submittal of an Application Improvement Permit/Construction
Authorization with the Buncombe County Health Center for a new septic system at your residence(see
enclosed). Visual evaluation of your property seems to indicate that it may be possible to install a septic tank
with a pump system and nitrification field. Submittal of the application, along with the applicable fee, will
provide the opportunity for Buncombe County Environmental Health staff to evaluate the soil and site
conditions on your property and make a determination as to wastewater disposal system options for your
home. If approved, construction of a new septic system would allow you to discontinue use of the current
jet-aeration wastewater treatment system and apply to rescind the associated NPDES permit.
Upon receiving this letter,it is suggested you contact Ken Castelloe of the Buncombe County Environmental
Health Center at phone number 828-250-6900 for further explanation regarding the permitting possibilities
and process.
Please contact me at the phone number below,if you have any questions or concerns in this matter that I
might assist you with.
Sincerely,
Chuck Cran ord
Environmental Specialist
ENC: Application for Construction Authorization
Instructions
CC: Ken Castelloe—Buncombe County
1VoirthCarolina
. �lltlfPll��l,'
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

Michael F.Easley,Governor
xC% William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
* [
� Coleen H.Sullins, Director
Division of Water Quality
December 11, 2007
DWQ Project # 07-1838
Buncombe County
Seth Hendler- Voss
City of Asheville
Post Office Box 7148
Asheville, NC 28802
Subject Property: Stream Stabilization Project
Reed Creek
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hendler- Voss:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 40 linear feet of streams for the purpose of
stabilization at the subject property, as described within your application received by the
N.C. Division of Water Quality (DWQ) on October 30, 2007. After reviewing your
application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3689 (GC3689). The Certification(s) allows you to use
Nationwide Permit(s) 27 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state or
local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control, Non-discharge, stormwater, and buffer regulations. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters
as depicted in your application shall expire upon expiration of the 404 or CAMA
Permit.
This approval is for the purpose that you described in your application. If you change
your project, you must notify us and you may be required to send us 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 fills
for this project (now or in the future) exceed one acre of wetland or 150 linear feet of
stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
401 Wetlands Certification Unit NonGrtllCR��I/a
1650 Mail Service Center,Raleigh,North Carolina 27699-1650
2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604
Phone: [phone] FAX [phone] Internet:http:ilh2o.enr.state.nc.usrncwetiands
An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper

City,
Pa
Novembers
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount Plan Location or Reference
Approved (Units)
Stream 40 (feet) Reed Creek
2. Erosion & Sediment Control Practices
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.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.

City of Asheville
Page 3 of 3
November 2,2007
4. No Sediment & Erosion Control Measures w/n Wetlands or 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 has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Sediment and erosion control measures must be implemented prior to construction
and maintained on the sites to minimize sediment in downstream areas. Seeding for
a temporary cover of wheat, millet; or similar annual grain or permanent herbaceous
cover should occur on all bare soil within five (5) days of ground disturbing activities
_ to provide long-term erosion control. The projects should be accomplished in stages
instead of leaving large tracts exposed to further storm events. Erosion control
matting should be used in conjunction with appropriate seeding on disturbed soils in
steep slope and riparian areas, unless authorized under Division of Land Resources
Erosion and Sediment Control approval. Matting should be secured in place with
staples, stakes, or, wherever possible, live stakes of native trees. Straw mulch and
tall fescue should not be used in riparian areas. In addition, because of an
anticipated difficulty in establishing ground cover during the winter, reseeding should
be conducted, as necessary, in the spring-time with a native annual and perennial
seed mix with a temporary nursery crop of wheat, millet or other grain.
7. Only clean, large, angular rock, large woody material, or other natural stream design
materials and techniques should be used for bank stabilization. Rock should not be
placed in the stream channel in a manner that constricts stream flow or that will
impede aquatic Fife movements during low flow conditions. Filter cloth should be
placed behind large rock that is used for bank stabilization. Properly designed rock
vanes should be constructed wherever appropriate on bank stabilization and
channel realignment stream reaches to improve channel stability and to improve
aquatic habitat. Root wads should be installed low enough in the bank so that a
significant portion (at least one-third) the root wad is inundated during normal flows.

city
PL
November
8. The channel must be restored to a more stable condition. However, under no
circumstances should river rock, sand or other materials be dredged
(excavated) from the stream channel under authorization of this permit except,
if necessary, in the immediate vicinity of the eroding banks for the explicit purpose of
anchoring stabilizing or flow/grade control structures or for re-establishing the natural
and more stable stream channel dimensions. Streambed materials are unstable in
flowing-water situations and are unsuitable for bank stabilization. Stream dredging
has catastrophic effects on aquatic life and disturbance of the natural form of the
stream channel can cause downstream erosion problems. The natural dimension,
pattern, and profile of the stream upstream and downstream of the permitted area
should not be modified by widening the stream channel or changing its depth.
9. Stabilization measures should only be applied on or near existing erosion sites,
leaving other stable stream bank areas in a natural condition. Grading and
backfilling should be minimized and tree and shrub growth should be retained where
possible to ensure long term availability of stream bank cover for aquatic life and
wildlife. Backfill materials should be obtained from upland sites except in cases
where excess stream bed materials are available. Berms are not permitted because
they block the floodplain, constrict and accelerate flood flows, and often fail or
impede drainage during large flood events.
10.Repairs to eroded banks should be conducted in a dry work area where possible.
Sandbags or other clean diversion structures should be used where possible to
minimize excavation in flowing water. Channel realignments should be constructed
by excavating the new channel from downstream to upstream before connecting it to
the old channel.
11.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.
12.Riparian Zone Replanting
Replanting of vegetation within disturbed areas located within 25 feet of the
streambank associated with any land disturbing activity, repair, replacement
and/or maintenance must be done in a manner consistent with the Guidelines
for Riparian Buffer Restoration immediately following construction. (Please
see attached.)Guidelines for Riparian Buffer Restoration.
(http://h2o.enr.state.nc.us/wrp/pdf/buffers.pd )

City of Asheville
Page 5 of 3
November 2,2007
3.Monitoring
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 installation is holding up. A written report
must be provided to DWQ's Asheville Regional Office by June 1st of each year.
The report must describe inspection results, include digital photographs, list the
date of inspection, and describe any needed repairs or corrections and provide a
timeline for implementing these repairs..
14.The permittee will provide on-site supervision of all stability work including, but not
limited to bank re-sloping, in-stream structure placement, and riparian zone re-
establishment, by an appropriately trained (in the science of stream restoration)
individual.
15.Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as
diffuse flow at non-erosive velocities through the protected riparian zones such that it
will not re-concentrate before discharging into a stream.
16.Turbidity Standard
The turbidity standard of 10 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.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The 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 404 or CAMA
Permit.
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.

city't-,
Pa.
November 2,,
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 Kevin Barnett in the
DWQ Asheville Regional Office at 828-296-4657.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
CHS1khb
Enclosures: GC3689
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: Jon Calabria
NCSU Water Quality Group
Campus Box 7637
Raleigh, NC 27695
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: 07-1838.Reed C reek.Stream Resto ratio n.Approval

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
M North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
rv.. . December 11, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED — 7006 3450 0002 7064 2233
Mr. Thomas E. Hartye, PE
Metropolitan Sewerage District of Buncombe County
2028 Riverside Drive
Asheville, North Carolina 28804
Subject: NOTICE OF VIOLATION
Permit No. WQCS00004
Metropolitan Sewerage District of Buncombe County (MSD)
MSD Collection System
Buncombe County
Dear Mr Hartye:
A review has been conducted of the MSD's Collection System self reported Sanitary
Sewer Overflow (SSO) 5-Day Report. This review has shown the subject facility to be
in violation of the requirements found in the MSD's Collection System Permit
(WQCS00004) and/or G.S. 143-215.1(a)(1). The violation is summarized below:
NOV# Violation Location Violation
Date Type
NOV-2007-DV-0331 11/19/2007 134 Merchant Street Discharge
Without Valid
Permit
The Division of Water Quality may pursue enforcement action for this and any
additional violations of State law. You should take remedial action in response to this
incidents. Remedial action should include identification of the cause of the SSO and
implementation of all measures necessary to prevent recurrence.
NorthCarolina
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service Natullaily
Internet:wwwncwaterquality.org FAX [phone]

Please note that due to the continued high numbers of SSOs in North Carolina the
Division has implemented a new SSO enforcement policy that became effective on May
15, 2007. Between May 15, 2007, and June 1, 2007 the Division of Water Quality
contacted collection system operators to inform them of this policy. Beginning June 1,
2007 and lasting through December 1, 2007 any reportable SSO will result in the
issuance of a Notice of Violation (NOV). Beginning on December 1, 2007 civil penalties
will be assessed for SSOs based on volume, volume reaching surface waters, duration,
gravity, 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 spill history,
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 NOV or our policy relating to issuance of NOVs
or Civil Penalties for SSOs please contact Roy Davis in our Asheville Regional Office at
828-296-4659.
Sincerely,
Roger C. Edwards, Regional Supervisor '
Surface Water Protection Section
Division of Water Quality
Asheville Region
Cc: PERCS Unit
Surface Water Protection Section Central Files
Barry Cook, CSORC, MSD
Roy Davis

Michael F.Easley,Governor
u G William G.Ross Jr.,Secretary
pNorth Carolina Department of Environment and Natural Resources
�r a Coleen H.Sullins,Director
., � Division of Water Quality
December 11, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 7064 2240
Mr. Lamar Nix, Public Works Director
Town of Highlands
Post Office Box 460
Highlands, North Carolina 28741
Subject: Fast-Track Application Return
Town of Highlands
Chambers Properties
Macon County
Dear Mr. Nix:
Attached herewith is the Fast-Track Sewer Application submitted by the Town of
Highlands seeking permission to construct a sewer system to serve the Chambers
Properties. The application is being returned for the following reasons:
(1) By Act of the North Carolina General Assembly, effective September 1, 2007,
Fast-Track Permit processing fees were increased from $400 to $480. When
resubmitting the application please submit a single check made out to the North
Carolina Department of Environment and Natural Resources in the amount of
$480.
(2) Section C-1 was not complete so as to tell me why the stream classification is not
needed.
(3) The Fast-Track Application form you submitted has been replaced. The next time
the Town submits an Application please use the updated version which is
available on the Division's web site.
I look forward to receiving a completed application. Please do not hesitate to call me at
828/296-4659 should you wish to discuss this matter.
Sincerely,
Roy M. Davis
Environmental Engineer
cc: Manfred F. Judernatz, PE o�
NorthCarolina
INaturallry
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone]
Internet: www.ncwaterqualo.org Customer Service 1-877-623-6748 FAX [phone]
An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper

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Q Michael F.Easley,Governor
William G.Ross Jr.,Secretary
�7^ North Carolina Department of Environment and Natural Resources
Alan W.Klimek,P.E.Director
Division of Water Quality
December 11, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 7064 2202
Mr. Lok King Kong
P.O. Box 756
Murphy,North Carolina 28906
Subject: Notice of Continuing Violations and Recommendation for Enforcement
NOV-2007-PC-0809
NCR000581
US Highway 60 South 87-Acre Development
Construction Stormwater Permit—NCGO 10000
401 Certification and Water Quality Violations
Cherokee County
Dear Mr. Kong:
On December 4, 2007, Linda Wiggs from the Asheville Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection for the tract/project located on US Highway 60 South.
The observations made during the site visit were consistent with the previous observations cited in the
issued Notice of Violation dated February 8, 2006. In an effort to help you find resolution in this
matter,this agency offers the following as a suggested course of action;
1. You must retain the services of a qualified wetland and stream consultant who is familiar with
the ecosystems of western North Carolina. The consultant's experience should include success
in submitting Jurisdictional Determinations to both the US Army Corps of Engineers and the
NC Division of Water Quality. The consultant will need to conduct a complete survey of the
subject property. The survey must include delineation of all jurisdictional waters, including all
"waters of the US" and all "waters of the State", located on the subject property. Of particular
interest is the area draining to the ponds, and the area adjacent to the lower pond. The
consultant must then submit a complete jurisdictional map to both the US Army Corps of
Engineers, and to DWQ.
2. Upon receiving back an agreed upon Jurisdictional Determination map from both agencies, the
consultant will then need to prepare an"after-the-fact" 404/401 application for the following:
o Restoration of the upper pond to a natural stream/wetland system.
o Modification of the lower pond spillway structure to include a mid-column release
structure -
o Permit the fill of adjacent wetlands associated with modification of the lower pond.
o Should the lower pond exceed 150 linear feet of earthen stream fill or 0.1 acre of
earthen wetland fill, a mitigation plan shall be developed with would offset the
DWQ anti-degradation policy. Please refer to:
http://www.saw.usace.army.mil/wetlands/mitigation/mitplan.html NoAhcarolina
,Naturally
Vorth Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper

Kong Property US,
Decem6.
o Place legally protective mechanisms on all remaining waters (Streams and
wetlands) along with woody buffers such that future impacts will not be allowed.
o Develop a monitoring plan for stream stability, riparian plant survivability,
wetland hydrology, and wetland plant survivability, for a period of no less than 5
years from completion of any proposed restoration work.
o Include a timeline with performance dates for the completion of each task in the
above items such that the issued 401 shall resolve the Issued NOV.
Since the time of the DWQ's last inspection the subject property has received an approval of and
Erosion and Sedimentation Control plan. A construction stormwater general permit (NCGO10000) is
issued upon the approval of an Erosion and Sedimentation Control Plan. This permit applies to
projects that receive a Division of Land Resources(DLR) (or local delegated program) Erosion and
Sedimentation Control Plan for land disturbance of 1 acre or greater. Specifically, the General Permit
(NCG010000) authorizes the discharge of stormwater under the National Pollutant Discharge
Elimination System (NPDES) in accordance with Title 15A North Carolina Administrative Code
21-1:0100. The Division of Land Quality has notified this office that you have an approved Erosion and
Sedimentation Control Plan as of May 1, 2006.
Adherence to the approved Erosion and Sedimentation Control Plan is an enforceable component of
the General Permit. Therefore, you are in violation with the Division of Water Quality for failure to
adhere to the approved Plan. The General Permit not only requires that you follow the specifications
of the approved Plan, but also includes inspection and record keeping requirements for the project site.
Some of the other major permit requirements are outlined below. A full copy of this permit
(NCG010000) may be obtained on line at http://h2o.enr.state.nc.us/su/documents/NCGO1-Reissue-
2006 2008.pdf or at your request.
1. A rain gauge must be maintained on site and a record of the rainfall amounts and dates shall be
kept by the permittee.
2. The permittee must inspect all erosion and sedimentation control measures at least once every
seven calendar days [more often in some areas (Part I, Section B-1)] and within 24 hours after
any storm event of greater than 0.5 inches of rain per 24-hour period.
3. Stormwater runoff discharges must be inspected by observation for stormwater discharge
characteristics as defined in the permit (Part 1, Section B-2) at least once every seven calendar
days [more often in some areas (Part 1, Section B-1)] and within 24 hours after any storm event
of greater than 0.5 inches of rain per 24-hour period to evaluate the effectiveness of the pollution
control facilities or practices.
4. The permittee shall retain records of all monitoring information for a period of at least 5 years
from the date of the sample, measurement, report or application (Part 1, Section B-3; Part II,
Section D-3).
This Office requests that you respond to this letter in writing within 15 days of receipt of this
Notice. Your response should address the following items:
I. Describe measures taken to satisfy the requirements of the NPDES General Permit as listed in
items 1 through 4 above. If no measures have been taken, please explain why and discuss how
these requirements will be met in the future.
G:\WPDATA\DEMWQ\Cherokee\401s\Kong NOV-2007-PC-0809.doc

Kong Property US Highway 60 South
Notice of Violation
Page 3 of 3
December 11,2007
i rovide this office with copies of all monitoring logs, rainfall data, maintenance activities and
observations for four weeks prior to the date of this letter. If these are not available, please explain
why and discuss how these requirements will be met in the future.
IIl. Provide this office with the name of your qualified stream and wetland consultant. Your response
must include an implementation schedule to address the items bulleted on page one of this letter.
This Office requests that you respond to this letter in writing within 15 days of Receipt of this Notice.
Your response should be sent to the following:
• Ms. Linda Wiggs, of the Division of Water Quality, Asheville Regional Office (at the
letterhead address)
and to
• Mr. John Hennessy of the DWQ NPS Assistance and Compliance Oversight Unit 1617
Mail Service Center, Raleigh,NC 27699-1617.
Violations, and any future violations are subject to civil penalty assessments of up to $25,000.00 per
day for each violation. In your written response,you must clearly address the items listed above.
By copy of this Notice of Violation, I am hereby requesting that the County Building Inspectors Office
not issue any permits for this site until it is brought into compliance with all applicable rules and
regulations.
By providing the above listed response items, and working with the DWQ in this matter, we should be
able to resolve this Notice of Violation upon the issuance of the State's 401 Water Quality
Certification and upon your compliance with the NCG010000 permit conditions. Should you have any
questions regarding these matters,please contact Linda Wiggs or myself at(828)296-4657
Sincerely,
Roger C. Edwards, Regional Supervisor
Division of Water Quality
Surface Water Protection Section
CC: ARO -Division of Land Resources
ARO—Division of Water Quality
DWQ -NPS Compliance and Assistance Unit John Hennessy
Cherokee County Building Inspections Office
Lori Beckwith, US Army Corps of Engineers
Chuck Wakild—Division of Water Quality
Central Files
G:\WPDATA\DEMWQ\Cherokee\401s\Kong NOV-2007-PC-0809.doc

J',I A T Michael F.Easley,Governor
�i William G.Ross Jr.,Secretary
7 North Carolina Department of Environment and Natural Resources
�u
Coleen H.Sullins,Director
Division of Water Quality
December 11, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 7064 2271
Mr. Lee Smith, Utilities Director
City of Hendersonville
Post Office Box 1760
Hendersonville, North Carolina 28792
Subject: Fast-Track Application Return
City of Hendersonville
Chestnut Grove
Henderson County
Dear Mr. Smith:
Attached herewith is the Fast-Track Sewer Application submitted by the City of
Hendersonville seeking permission to construct a sewer system to serve Chestnut Grove.
The application is being returned for the following reasons:
(1) By Act of the North Carolina General Assembly, effective September 1, 2007,
Fast-Track Permit processing fees were increased from $400 to $480. When
resubmitting the application please submit a single check made out to the North
Carolina Department of Environment and Natural Resources in the amount of
$480.
(2) The Fast-Track Application form you submitted has been replaced by a newer
version. The next time the City submits an Application please use the updated
version which is available on the Division's web site.
I look forward to receiving a completed application. Please do not hesitate to call me at
828/296-4659 should you wish to discuss this matter.
Sincerely,
Roy M. avis
Environmental Engineer
cc: John B. Jeter II, PE
NorthCarolina
NaturallY
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone]
Internet: www.ncwaterquality.org Customer Service 1-877-623-6748 FAX [phone]
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
C! North Carolina Department of Environment and Natural Resources
a$ Coleen H.Sullins, Director
--q Division of Water Quality
Asheville Regional Office
�r
SURFACE WATER PROTECTION
December 11, 2007
Mr. Don Danford, Water Resources Director
City of Morganton
Post Office Box 3448
Morganton, North Carolina 28680-3448
Subject: City of Morganton
Compliance Evaluation Inspection
Permit No. WQCS00028
Wastewater Collection System
Burke County
Dear Mr. Danford:
Attached is the report resulting from the City of Morganton's Collection System Permit
Compliance Evaluation Inspection which I conducted on December 5, 2007. Morganton is doing
a fine job of operating and maintaining its wastewater collection system and maintaining records
supporting same.
(1) The City's wastewater collection system Capital Improvements Plan (CIP) needs be
modified by the addition of a descriptions of the present service area and the existing
collection system.
(2) Our computer records indicate James Netherton as Backup Collection System Operator in
Responsible charge. If the City has not yet done so, please submit documents
designating Randy Bean as Backup Collection System Operator in Responsible Charge.
(3) The City's sewer system map needs to be modified to include pump station capacities as
part of the information which appears with the pump station pop ups.
2090 U.S.Highway 70, Swannanoa,N.C. 28778 828/296-4500(Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 NorthC.,Iina

Please convey our appreciation to staff members involved in the maintenance and opera,
the City's wastewater collection system. Anytime you need to discuss matters relating to tP�,
City's collection system please do not hesitate to call me at 828-296-4500.
Sincerely,
Roy Davis
Environmental Engineer
cc: Dwain Benton, City of Morganton CSORC
Surface Water Protection Section Central Files
PERCS Files

Compliance Inspection Report
At: WQCS00028 Effective: 04/30/04 Expiration: 03/31/09 Owner: City of Morganton
SOC: Effective: Expiration: Facility: Morganton Collection System
County: Burke PO Box 3448
Region: Asheville
Morganton NC 286559850
Contact Person: Mel S Cohen Title: Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
NC0026573 City of Morganton-Catawba River Pollution Control Facility
Inspection Date: 1210512007 Entry Time: 09:00 AM Exit Time: 11:30 AM
Primary Inspector: Roy M Davis Phone: [phone]
Ext.4659
Secondary Inspectors):
Reason for Inspection: Routine Inspection Type:Compliance Evaluation
Permit Inspection Type: Collection system management and operation
Facility Status: ■ Compliant n Not Compliant
Question Areas:
Miscellaneous Questions Performance Standards ®Operation&Maint Reqmts Records
■Monitoring&Rpting ■Inspections Pump Station Manhole
Reqmts
Lines
(See attachment summary)
Page: 1

Permit:WQCS00028 Owner-Facility: City of Morganton
Inspection Date: 12/05/2007 Inspection Type: Compliance Evaluation Reason for Visit:Routine
Inspection Summary:
The City of Morganton is doing a fine job of operation and maintenance of its wastewater collection system.
Our computer records indicate James Netherton as Backup Collection System Operator. If the City has not yet done so,
please submit documents designating Randy Bean as Backup Collection System Operator.
Collection System Capital Improvements Plan needs to be modified by addition of a description of the collection system
service area and description of the existing collection system.
The collection system map needs to be modified to include pump station capacities as a part of the information which
appears with the pump station pop ups.
Page: 2

Permit:WQCS00028 Owner-Facility: City of Morganton
ection Date: 12/05/2007 Inspection Type:Compliance Evaluation Reason for Visit: Routine
rformance Standards Yes No NA NE
Is Public Education Program for grease established and documented? ■ n n n
What educational tools are used?
Visits to schools, Greasy Gremlin,and door magnets.
Is Sewer Use Ordinance/Legal Authority available? ® n n n
Does it appear that the Sewer Use Ordinance is enforced? ■ n n n
Is Grease Trap Ordinance available? ■ n n n
Is Septic Tank Ordinance available(as applicable,i.e.annexation) ■ n n n
List enforcement actions by permittee, if any, in the last 12 months
None
Has an acceptable Capital Improvement Plan (CIP)been implemented? ■ n n ❑
Does CIP address short term needs and long term\"master plan\"concepts? ■ n n n
Does CIP cover three to five year period? ■ n n n
Does CIP include Goal Statement? ■ n n n
Does CIP include description of project area? n ■ n ❑
Does CIP include description of existing facilities? n ■ n n
Does CIP include known deficiencies? ■ ❑ ❑ ❑
Does CIP include forecasted future needs?' ■ n n ❑
Is CIP designated only for wastewater collection and treatment? ■ ❑ n n
Approximate capital improvement budget for collection system? $631,000.00
Total annual revenue for wastewater collection and treatment? $5,465,414.00
CIP Comments
Collection System needs a(1)description of service area and (2)description of existing collection system.
Is system free of known points of bypass? ■ n n n
'If no,describe type of bypass and location
NA
Is a 24-hour notification sign posted at ALL pump stations? ■ n ❑ ❑
#Does the sign include:
Instructions for notification? ■ n n n
Pump station identifier? ■ n n n
24-hour contact numbers ■ n In n
If no,list deficient pump stations
None
Page: 3

A
Permit:WQCS00028 Owner Facility: City of Morganton
Inspection Date: 12/05/2007 Inspection Type:Compliance Evaluation Reason for Visit: Routine
#Do ALL pump stations have an"auto polling"feature/SCADA? n ❑ n n \
Number of pump stations 14
Number of pump stations that have SCADA 0
Number of pump stations that have simple telemetry 14
Number of pump stations that have only audible and visual alarms 0
Number of pump stations that do not meet permit requirements 0
#Does the permittee have a root control program? ■ ❑ ❑ n
#If yes,date implemented?
Describe:
Comment:
Inspections Yes No NA NE
Are maintenance records for sewer lines available? ■ n n n
Are records available that document pump station inspections? ■ n ❑ ❑
Are SCADA or telemetry equipped pump stations inspected at least once a week? ■ ❑ ❑ ❑
Are non-SCADA/telemetry equipped pump stations inspected every day? ■ n n n
Are records available that document citizen complaints? ■ n ❑ ❑
#Do you have a system to conduct an annual observation of entire system? ■ n ❑ n
#Has there been an observation of remote areas in the last year? ■ n n n
Are records available that document inspections of high-priority lines? ■ n n n
Has there been visual inspections of high-priority lines in last six months? ■ n ❑ n
Comment`. .
Operation & Maintenance Requirements Yes No NA NE
Are all log books available? ■ n n n
Does supervisor review all log books on a regular basis? ■ n n ❑
Does the supervisor have plans to address documented short-term problem areas? ■ ❑ n ❑
What is the schedule for reviewing inspection, maintenance,&operations logs and problem areas?
As needed.
Are maintenance records for equipment available? ■ n n ❑
Is a schedule maintained for testing emergency/standby equipment? ■ ❑ ❑
What is the schedule for testing emergency/standby equipment? Weekly -
Page: 4

Permit:WQCS00028 Owner-Facility: City of Morganton
action Date: 12/05/2007 Inspection Type: Compliance Evaluation Reason for Visit: Routine
.o pump station logs include:
Inside and outside cleaning and debris removal? ■ n n n
Inspecting and exercising all valves? ■ n n n
Inspecting and lubricating pumps and other equipment? ■ n n n
Inspecting alarms,telemetry and auxiliary equipment? ■ n n n
Is there at least one spare pump for each pump station w/o pump reliability? n In ■ n
Are maintenance records for right-of-ways available? ■ n n n
Are right-of-ways currently accessible in the event of an emergency? ■ n n n
Are system cleaning records available? ■ n n n
Has at least 10%of system been cleaned annually? ■ n ❑ In
What areas are scheduled for cleaning in the next 12 months?
K-Mart line.
Is a Spill Response Action Plan available? ■ n ❑ 171
Does the plan include:
24-hour contact numbers ■ ❑ n n
Response time ■ n n n
Equipment list and spare parts inventory ■ n n n
Access to cleaning equipment ■ n n In
Access to construction crews, contractors,and/or engineers ■ n n n
Source of emergency funds ■ n n n
Site sanitation and cleanup materials ■ n n n
Post-overflow/spill assessment ■ n n ❑
Is a Spill Response Action Plan available for all personnel? ■ n n n
Is the spare parts inventory adequate? ■ ❑ n n
Comment:
Records Yes No NA NE
Are adequate records of all SSOs,spills and complaints available? ■ ❑ n n
Are records of SSOs that are under the reportable threshold available? ■ n n n
Do spill records indicate repeated overflows(2 or more in 12 months)at same location? n ■ n n
If yes, is there a corrective action plan? n n ■ n
>'Is a map of the system available? ■ ❑ n n
Page: 5

Permit:WQCS00028 Owner-Facility: City of Morganton
Inspection Date: 12/05/2007 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Does the map include:
Pipe sizes ■ ❑ ❑ n
Pipe materials ■ ❑ n 11
Pipe location ■ n n n
Flow direction ■ ❑ ❑ ❑
Approximate pipe age ■ fl Fl 171
Number of service taps ■ Q ❑ n
Pump stations and capacity n ■ n n
If no,what percent is complete? 99
List any modifications and extensions that need to be added to the map
Pump station capacities.
#Does the permittee have a copy of their permit? ■ ❑ ❑
Comment:
Monitoring and Reporting Requirements Yes No NA NE
Are copies of required press releases and distribution lists available? ■ n n n
Are public notices and proof of publication available? ■ n n n \
#Is an annual report being prepared in accordance with G.S. 143-215.1 C? ■ n ❑ n
#Is permittee compliant with all compliance schedules in the permits? ■ n n n
If no,which one(s)?
Comment:
SILVER CREEK-
Pump Station Yes No NA NE
Pump station type Duplex
Are pump station logs available? ■ n n n
Is it accessible in all weather conditions? ■ n n n
#Is general housekeeping acceptable? ■ ❑ n n
Are all pumps present? ■ n n n
Are all pumps operable? ■ n n
Are wet wells free of excessive debris? ■ In n n
Are upstream manholes free of excessive debris/signs of overflow? ■ ❑ n n
Page: 6

Permit:WQCS00028 Owner-Facility: City of Morganton
,ection Date: 12/05/2007 Inspection Type: Compliance Evaluation Reason for Visit:Routine
,re floats/controls for pumps/alarms operable? ■ n n n
Is"auto polling"feature/SCADA present? f=1 ■ n n
Is"auto polling"feature/SCADA operational? n n ■ n
Is simple telemetry present? ■ n ❑ n
Is simple telemetry operational? ■ n n n
Are audio and visual alarms present? ■ n n n
Are audio and visual alarms operable? ■ n n n
Is the Pump station inspected as required? ■ n n n
Are backflow devices in place? ■ n
Are backflow devices operable? ■ n n n
Are air relief valves in place? ■ n n n
Are air relief valves operable? ■ n n n
# Is an emergency generator available? n ■ ❑ n
Can the emergency generator run the pumps? n n ■ n
I
Is the pump station equipped for quick hook-up? n ■ n n
Is the generator operable? n ❑ ■
#Is fuel in tank and sufficient? n n ■ n
Is the generator inspected according to their schedule? n n ■ ❑
Is a 24-hour notification sign posted? ■ n n n
Does it include:
Instructions for notification? ■ n n n
Pump station identifier? ■ n n n
Emergency phone number ■ n n n
Is public access limited? ■ n n n
Is pump station free of overflow piping? ■ n f_1 n
Is the pump station free of signs of overflow? ■ n n n
Are run times comparable for multiple pumps? NE
Comment: Silver Creek Station is scheduled for installation of an emergency power
generator in spring of 2008. This generator will also serve as a peaking power
generator. Other scheduled improvements are (1) new screw conveyor to remove
barscreen solids, (2) new pump motors, (3) and new motor controls. New pump motors
will have variable speed capability.
Page: 7

Q Michael F.Easley,Governor
�" William G.Ross Jr.,Secretary
rNorth Carolina Department of Environment and Natural Resources
"1
C Coleen H.Sullins,Director
Division of Water Quality
December 12, 2007
Mr. Ed H. Street Jr.
Freeman Motors
2513 Wesley Street Suite 4
Johnson City, TN 37601
SUBJECT: NPDES General Stormwater Permit
No. NCGO10000
Project ID: 2004-11-01
Project Name: Freeman Motors
Henderson County
Dear Mr. Street:
Recently you were sent an Erosion Control Plan approval from the Division of Land Resources
(DLR) regarding the subject development activity. Accompanying the DLR letter was a National
Pollutant Discharge Elimination System (NPDES) General Stormwater Permit No. NCG010000.
That permit authorizes you to discharge stormwater to the surface waters of North Carolina. Those
point source discharges are associated with activities such as clearing, grading, and other land
disturbing and construction activities.
The purpose of this letter is to draw your attention to and to stress the importance of that NPDES
General Stormwater Permit. The requirements contained in the stormwater permit coupled with the
requirements called for by the Division of Land Resources are vitally important to the protection of
the waters of the State. If you have not already done so, you are urged to immediately read and
adhere to the stormwater permit requirements contained there in. Of particular importance are
Parts I and II of the permit.
Parts I and II set forth the minimum visual monitoring and reporting requirements for your
stormwater discharge. In particular, Part I, Section B describes the visual monitoring frequencies
and locations, the requirement to maintain a rain gauge onsite, and the need to maintain a written
record of all inspections. Upon commencement of your land disturbing activity, you must initiate
the visual monitoring and record keeping requirements as called for in the permit. The visual
monitoring data results, along with all other permit required records must be maintained on-site
and made available to Division of Water Quality representatives upon request and/or during
inspections. The remaining parts of the Permit set forth definitions, general conditions and special
conditions applicable to stormwater discharge(s). The conditions include special reporting
requirements in the event of noncompliance, bypasses,treatment unit/process failures, etc.
i
NorthCarolina
"Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper

Mr. Street
December 12, 2007 Pay
This letter is also meant to advise you that should you fail to comply with the terms and condit,,\
of the Stormwater Construction permit, you could be subject to enforcement as called for ii
Section 143-215.6 of the North Carolina General Statutes. A civil penalty (fine) of up to $25,000
per violation per day may be assessed for such violations. We ask that if you find at any time that
you are unable to comply with the terms and conditions of the Permit, that you contact this Office
immediately.
As mentioned previously, the purpose of this letter is to advise you of the importance of the
NPDES General Stormwater permit and by this notification prevent unnecessary impacts to the
waters of the State. Again, if you have not already done so, please read the Stormwater
Construction permit and contact me at (828) 296-4500 if you have any questions or need
clarification.
Sincerely,
Starr Silvis, P.E.
Surface Water Protection Section
ARO
DWQ Central Files

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
7 North Carolina Department of Environment and Natural Resources
^1
-� Coleen H.Sullins,Director
Division of Water Quality
December 12, 2007
The Eastern Band of Cherokee Indians
PO Box 455
Cherokee,NC 28719
SUBJECT: NPDES General Stormwater Permit
No.NCG010000
Project ID: 07-164
Project Name: Sequoyah National Golf
Course Phase I
Jackson County
To Whom It May Concern::
Recently you were sent an Erosion Control Plan approval from the Division of Land Resources
(DLR) regarding the subject development activity. Accompanying the DLR letter was a National
Pollutant Discharge Elimination System (NPDES) General Stormwater Permit No. NCG.010000.
That permit authorizes you to discharge stormwater to the surface waters of North Carolina. Those
point source discharges are associated with activities such as clearing, grading, and other land
disturbing and construction activities.
The purpose of this letter is to draw your attention to and to stress the importance of that NPDES
General Stormwater Permit. The requirements contained in the stormwater permit coupled with the
requirements called for by the Division of Land Resources are vitally important to the protection of
the waters of the State. If you have not already done so, you are urged to immediately read and
adhere to the stormwater permit requirements contained there in. Of particular importance are
Parts I and II of the permit.
Parts I and II set forth the minimum visual monitoring and reporting requirements for your
stormwater discharge. In particular, Part I, Section B describes the visual monitoring frequencies
and locations, the requirement to maintain a rain gauge onsite, and the need to maintain a written
record of all inspections. Upon commencement of your land disturbing activity, you must initiate
the visual monitoring and record keeping requirements as called for in the permit. The visual
monitoring data results, along with all other permit required records must be maintained on-site
and made available to Division of Water Quality representatives upon request and/or during
inspections. The remaining parts of the Permit set forth definitions, general conditions and special
conditions applicable to stormwater discharge(s). The conditions include special reporting
requirements in the event of noncompliance,bypasses,treatment unit/process failures, etc.
- NorthCarolina
Natumally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action.Employer—50%Recycled/10%Post Consumer Paper

December 12, 2007 Pam
This letter is also meant to advise you that should you fail to comply with the terms and conditit,
of the Stormwater Construction permit, you could be subject to enforcement as called for
Section 143-215.6 of the North Carolina General Statutes. A civil penalty (fine) of up to $25,000
per violation per day may be assessed for such violations. We ask that if you find at any time that
you are unable to comply with the terms and conditions of the Permit, that you contact this Office
immediately.
As mentioned previously, the purpose of this letter is to advise you of the importance of the
NPDES General Stormwater permit and by this notification prevent unnecessary impacts to the
waters of the State. Again, if you have not already done so, please read the Stormwater
Construction permit and contact me at (828) 296-4500 if you have any questions or need
clarification.
Sincerely,
r
Starr Silvis, P.E.
Surface Water Protection Section
ARO
DWQ Central Files

Michael F.Easley,Governor
G William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
-� Coleen H.Sullins,Director
Division of Water Quality
December 12, 2007
Mr. Gary Houser
Houser Shoes
812 Merrimon Avenue
Asheville,NC 28804
SUBJECT: NPDES General Stormwater Permit
No.NCG010000
Project ID: 2007-10-04
Project Name: Houser Shoes
Henderson County
Dear Mr. Houser:
Recently you were sent an Erosion Control Plan approval from the Division of Land Resources
(DLR) regarding the subject development activity. Accompanying the DLR letter was a National
Pollutant Discharge Elimination System (NPDES) General Stormwater Permit No. NCG010000.
That permit authorizes you to discharge stormwater to the surface waters of North Carolina. Those
point source discharges are associated with activities such as clearing, grading, and other land
disturbing and construction activities.
The purpose of this letter is to draw your attention to and to stress the importance of that NPDES
General Stormwater Permit. The requirements contained in the stormwater permit coupled with the
requirements called for by the Division of Land Resources are vitally important to the protection of
the waters of the State. If you have not already done so, you are urged to immediately read and
adhere to the stormwater permit requirements contained there in. Of particular importance are
Parts I and II of the permit.
Parts I and II set forth the minimum visual monitoring and reporting requirements for your
stormwater discharge. In particular, Part 1, Section B describes the visual monitoring frequencies
and locations, the requirement to maintain a rain gauge onsite, and the need to maintain a written
record of all inspections. Upon commencement of your land disturbing activity, you must initiate
the visual monitoring and record keeping requirements as called for in the permit. The visual
monitoring data results, along with all other permit required records must be maintained on-site
and made available to Division of Water Quality representatives upon request and/or during
inspections. The remaining parts of the Permit set forth definitions, general conditions and special
conditions applicable to stormwater discharge(s). The conditions include special reporting
requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc.
No�AhCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper

Mr. Houser
December 12, 2007 Pal
This letter is also meant to advise you that should you fail to comply with the terms and condifi"
of the Stormwater Construction permit, you could be subject to enforcement as called for\fi„
Section 143-215.6 of the North Carolina General Statutes. A civil penalty (fine) of up to $25,000
per violation per day may be assessed for such violations. We ask that if you find at any time that
you are unable to comply with the terms and conditions of the Permit, that you contact this Office
immediately.
As mentioned previously, the purpose of this letter is to advise you of the importance of the
NPDES General Stormwater permit and by this notification prevent unnecessary impacts to the
waters of the State. Again, if you have not already done so, please read the Stormwater
Construction permit and contact me at (828) 296-4500 if you have any questions or need
clarification.
Sincerely,
P
Starr Silvis, P.E.
Surface Water Protection Section
ARO
DWQ Central Files

QMichael F.Easley,Governor
G William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
-� Coleen H.Sullins,Director
Division of Water Quality
December 12, 2007
Towne Place Development LLC
1903 Country club Road
Hendersonville,NC 28739
SUBJECT: NPDES General Stormwater Permit
No.NCGO10000
Project ID: 2007-11-03
Project Name: Towne Center
Henderson County
To Whom It May Concern:
Recently you were sent an Erosion Control Plan approval from the Division of Land Resources
(DLR) regarding the subject development activity. Accompanying the DLR letter was a National
Pollutant Discharge Elimination System (NPDES) General Stormwater Permit No. NCGO10000.
That permit authorizes you to discharge stormwater to the surface waters of North Carolina. Those
point source discharges are associated with activities such as clearing, grading, and other land
disturbing and construction activities.
The purpose of this letter is to draw your attention to and to stress the importance of that NPDES
General Stormwater Permit. The requirements contained in the stormwater permit coupled with the
requirements called for by the Division of Land Resources are vitally important to the protection of
the waters of the State. If you have not already done so, you are urged to immediately read and
adhere to the stormwater permit requirements contained there in. Of particular importance are
Parts I and II of the permit.
Parts I and II set forth the minimum visual monitoring and reporting requirements for your
stormwater discharge. In particular, Part I, Section B describes the visual monitoring frequencies
and locations, the requirement to maintain a rain gauge onsite, and the need to maintain a written
record of all inspections. Upon commencement of your land disturbing activity, you must initiate
the visual monitoring and record keeping requirements as called for in the permit. The visual
monitoring data results, along with all other permit required records must be maintained on-site
and made available to Division of Water Quality representatives upon request and/or during
inspections. The remaining parts of the Permit set forth definitions, general conditions and special
conditions applicable to stormwater discharge(s). The conditions include special reporting
requirements in the event of noncompliance,bypasses, treatment unit/process failures, etc.
- NortKarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

December 12, 2007
This letter is also meant to advise you that should you fail to comply with the terms and condit,
of the Stormwater Construction permit, you could be subject to enforcement as called for,,,
Section 143-215.6 of the North Carolina General Statutes. A civil penalty (fine) of up to $25,000' ,
per violation per day may be assessed for such violations. We ask that if you find at any time that
you are unable to comply with the terms and conditions of the Permit,that you contact this Office
immediately.
As mentioned previously, the purpose of this letter is to advise you of the importance of the
NPDES General Stormwater permit and by this notification prevent unnecessary impacts to the
waters of the State. Again, if you have not already done so, please read the Stormwater
Construction permit and contact me at (828) 296-4500 if you have any questions or need
clarification.
Sincerely,
y
Starr Silvis,P.E.
Surface Water Protection Section
ARO
DWQ Central Files

Michael F.Easley,Governor
7 William G.Ross Jr.,Secretary
i North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
December 12, 2007
Mr. Walter Posusta
1537 Silver Moon Lane
Palm Harbor, FL 34683
SUBJECT: NPDES General Stormwater Permit
No. NCG010000
Project ID: 07-169
Project Name: Lot 22 at Bald Rock
Jackson County
Dear Mr. Posusta:
Recently you were sent an Erosion Control Plan approval from the Division of Land Resources
(DLR) regarding the subject development activity. Accompanying the DLR letter was a National
Pollutant Discharge Elimination System (NPDES) General Stormwater Permit No. NCG010000.
That permit authorizes you to discharge stormwater to the surface waters of North Carolina. Those
point source discharges are associated with activities such as clearing, grading, and other land
disturbing and construction activities.
The purpose of this letter is to draw your attention to and to stress the importance of that NPDES
General Stormwater Permit. The requirements contained in the stormwater permit coupled with the
requirements called for by the Division of Land Resources are vitally important to the protection of
the waters of the State. If you have not already done so, you are urged to immediately read and
adhere to the stormwater permit requirements contained there in. Of particular importance are
Parts I and II of the permit.
Parts I and II set forth the minimum visual monitoring and reporting requirements for your
stormwater discharge. In particular, Part I, Section B describes the visual monitoring frequencies
and locations, the requirement to maintain a rain gauge onsite, and the need to maintain a written
record of all inspections. Upon commencement of your land disturbing activity, you must initiate
the visual monitoring and record keeping requirements as called for in the permit. The visual
monitoring data results, along with all other permit required records must be maintained on-site
and made available to Division of Water Quality representatives upon request and/or during
inspections. The remaining parts of the Permit set forth definitions, general conditions and special
conditions applicable to stormwater discharge(s). The conditions include special reporting
requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc.
Noce hCarolina
)atumlly
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

Mr. Posusta
December 12, 2007 P �
This letter is also meant to advise you that should you fail to comply with the terms and condi
of the Stormwater Construction permit, you could be subject to enforcement as called for Ii{
Section 143-215.6 of the North Carolina General Statutes. A civil penalty (fine) of up to $25,000
per violation per day may be assessed for such violations. We ask that if you find at any time that
you are unable to comply with the terms and conditions of the Permit, that you contact this Office
immediately.
As mentioned previously, the purpose of this letter is to advise you of the importance of the
NPDES General Stormwater permit and by this notification prevent unnecessary impacts to the
waters of the State. Again, if you have not already done so, please read the Stormwater
Construction permit and contact me at (828) 296-4500 if you have any questions or need
clarification.
Sincerely,
9
Starr Silvis, P.E.
Surface Water Protection Section
ARO
DWQ Central Files

�Q Michael F.Easley,Governor
PWilliam G.Ross Jr.,Secretary
r North Carolina Department of Environment and Natural Resources
t `-I
'C Coleen H.Sullins,Director
Division of Water Quality
December 12, 2007
Mr. Paul Szurek
One Town Square Blvd., Suite 330
Asheville,NC 28803
SUBJECT: NPDES General Stormwater Permit
No. NCG010000
Project ID: 06-1005
Project Name: Biltmore Lake, D2 &E
Buncombe County
Dear Mr. Szurek:
Recently you were sent an Erosion Control Plan approval from the Division of Land Resources
(DLR) regarding the subject development activity. Accompanying the DLR letter was a National
Pollutant Discharge Elimination System (NPDES) General Stormwater Permit No. NCGO10000.
That permit authorizes you to discharge stormwater to the surface waters of North Carolina. Those
point source discharges are associated with activities such as clearing, grading, and other land
disturbing and construction activities.
The purpose of this letter is to draw your attention to and to stress the importance of that NPDES
General Stormwater Permit. The requirements contained in the stormwater permit coupled with the
requirements called for by the Division of Land Resources are vitally important to the protection of
the waters of the State. If you have not already done so, you are urged to immediately read and
adhere to the stormwater permit requirements contained there in."Of particular importance are
Parts I and II of the permit.
Parts I and II set forth the minimum visual monitoring and, reporting requirements for your
stormwater discharge. In particular, Part I, Section B describes the visual monitoring frequencies
and locations, the requirement to maintain a rain gauge onsite, and the need to maintain a written
record of all inspections. Upon commencement of your land disturbing activity, you must initiate
the visual monitoring and record keeping requirements as called for in the permit. The visual
monitoring data results, along with all other permit required records must be maintained on-site
and made available to Division of Water Quality representatives upon request and/or during
inspections. The remaining parts of the Permit set forth definitions, general conditions and special
conditions applicable to stormwater discharge(s). The conditions include special reporting
requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc.
NorthCarolina
�lllZlCQ��I,�
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

Mr. Szurek
December 12, 2007 `
This letter is also meant to advise you that should you fail to comply with the terms and condit"
of the Stormwater Construction permit, you could be subject to enforcement as called for i ,
Section 143-215.6 of the North Carolina General Statutes. A civil penalty (fine) of up to $25,000`;
per violation per day may be assessed for such violations. We ask that if you find at any time that
you are unable to comply with the terms and conditions of the Permit, that you contact this Office
immediately.
As mentioned previously, the purpose of this letter is to advise you of the importance of the
NPDES General Stormwater permit and by this notification prevent unnecessary impacts to the
waters of the State. Again, if you have not already done so, please read the Stormwater
Construction permit and contact me at (828) 296-4500 if you have any questions or need
clarification.
Sincerely,
Starr Silvis,P.E.
Surface Water Protection Section
ARO
DWQ Central Files ��:

i I Michael F.Easley,Governor
- William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
--J
Coleen H.Sullins,Director
Division of Water Quality
December 12, 2007
Washington Gap
C/O Hemlock Springs, LLC
221 Peachtree St. NC, Suite D
Atlanta, GA 30309
SUBJECT: NPDES General Stormwater Permit
No. NCG010000
Project ID: 07-156
Project Name: Washington Gap
Jackson County
To Whom It May Concern:
Recently you were sent an Erosion Control Plan approval from the Division of Land Resources
(DLR) regarding the subject development activity. Accompanying the DLR letter was a National
Pollutant Discharge Elimination System (NPDES) General Stormwater Permit No. NCGO10000.
That permit authorizes you to discharge stormwater to the surface waters of North Carolina. Those
point source discharges are associated with activities such as clearing, grading, and other land
disturbing and construction activities.
The purpose of this letter is to draw your attention to and to stress the importance of that NPDES
General Stormwater Permit. The requirements contained in the stormwater permit coupled with the
requirements called for by the Division of Land Resources are vitally important to the protection of
the waters of the State. If you have not already done so, you are urged to immediately read and
adhere to the stormwater permit requirements contained there in. Of particular importance are
Parts I and II of the permit.
Parts I and II set forth the minimum visual monitoring and reporting requirements for your
stormwater discharge. In particular, Part I, Section B describes the visual monitoring frequencies
and locations, the requirement to maintain a rain gauge onsite, and the need to maintain a written
record of all inspections. Upon commencement of your land disturbing activity, you must initiate
the visual monitoring and record keeping requirements as called for in the permit. The visual
monitoring data results, along with all other permit required records must be maintained on-site
and made available to Division of Water Quality representatives upon request and/or during
inspections. The remaining parts of the Permit set forth definitions, general conditions and special
conditions applicable to stormwater discharge(s). The conditions include special reporting
requirements in the event of noncompliance, bypasses,treatment unit/process failures, etc.
One
NorthCarolina
naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

Hemlock Springs, LLC
December 12, 2007
This letter is also meant to advise you that should you fail to comply with the terms and condi .,
of the Stormwater Construction permit, you could be subject to enforcement as called for'i:
Section 143-215.6 of the North Carolina General Statutes. A civil penalty (fine) of up to $25,000'
per violation per day may be assessed for such violations. We ask that if you find at any time that
you are unable to comply with the terms and conditions of the Permit, that you contact this Office
immediately.
As mentioned previously, the purpose of this letter is to advise you of the importance of the
NPDES General Stormwater permit and by this notification prevent unnecessary impacts to the
waters of the State. Again, if you have not already done so, please read the Stormwater
Construction permit and contact me at (828) 296-4500 if you have any questions or need
clarification.
Sincerely,
Starr Silvis, P.E.
Surface Water Protection Section
ARO
DWQ Central Files

r 1 � Michael F.Easley,Governor
William G.Ross Jr.,Secretary
Q� North Carolina Department of Environment and Natural Resources
Z' Coleen H.Sullins,Director
i r Division of Water Quality
December 12, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 7064 2257
Mr. Al Matthews
Town of Canton
58 Park Street
Canton, North Carolina 28716
Subject: NOTICE OF VIOLATION
And Request for Additional Information
Permit No. WQCS00307
Town of Canton
Canton Collection System
Haywood County
Dear Mr. Matthews:
A review has been conducted of the Town of Canton's Collection System self reported
Sanitary Sewer Overflow (SSO) 5-Day Report. This review has shown the subject
facility to be in violation of the requirements found in the Town of Canton's Collection
System Permit (WQCS00307) and/or G.S. 143-215.1(a)(1). The violations are
summarized below:
NOV# Violation Location Cause Volume
Date
NOV-2007-DV-0333 12/04/2007 Blackwell Drive Force 500-1,000
Main gallons
Cracked
We are concerned that this is the second SSO occurring at Canton this year which
involved the failure of a force main. To help us decide whether a Civil Penalty is
appropriate in this instance we would like to give the Town of Canton the opportunity to
submit additional information explaining the cause for the force main failure and what
will be done by the Town to reduce the failure rate of this and other force mains. If the
Town of Canton wishes to submit the suggested additional information we would wish
to receive same on or before the passage of fifteen (15) days from date of receipt of
this Notice. The Division of Water Quality may pursue enforcement action for this and
any additional violations of State law.
No thCarolina
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Naturally
Internet:wwwncwaterquality.org FAX [phone]

Please note that due to the continued high numbers of SSOs in North Carolina the
Division has implemented a new SSO enforcement policy that became effective on May' .
15, 2007. Between May 15, 2007, and June 1, 2007 the Division of Water Quality
contacted collection system operators to inform them of this policy. Beginning June 1,
2007 and lasting through December 1, 2007 any reportable SSO will result in the
issuance of a Notice of Violation (NOV).
Beginning on December 1, 2007 civil penalties may be assessed for SSOs based on
volume, volume reaching surface waters, duration, gravity, 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 spill history, 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 NOV or our policy relating to issuance of NOVs or
Civil Penalties for SSOs please contact Roy Davis in our Asheville Regional Office at
828-296-4659.
Sincerely,
Roger C. Ed ards, Re ional Supervisor
Surface Water Protection Section
Division of Water Quality
Asheville Region
Cc: PERCS Unit
Richard Hodges, Town of Canton
Surface Water Protection Section Central Files
Roy Davis

J W A 1'� Michael F.Easley,Governor
William G.Ross Jr.,Secretary
0 r North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
December 12, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 7064 2264
Mr. Joe Cline, Executive Director
Tuckaseigee Water and Sewer Authority
1246 West Main Street
Sylva, North Carolina 28779
Subject: Fast-Track Application Return
Tuckaseigee Water and Sewer Authority
Mountain Gap
Jackson County
Dear Mr. Cline:
Attached herewith is the Fast-Track Sewer Application submitted by the Tuckaseigee
Water and Sewer Authority seeking permission to construct a sewer system to serve
Mountain Gap Development. The application is being returned for the following reasons-
(1) By Act of the North Carolina General Assembly, effective September 1, 2007,
Fast-Track Permit processing fees were increased from $400 to $480. When
resubmitting the application please submit a single check made out to the North
Carolina Department of Environment and Natural Resources in the amount of
$480.
(2) The Application was not signed.
(2) The Fast-Track Application form you submitted has been replaced by a newer
version. The next time the Authority submits an Application please use the
updated version which is available on the Division's web site.
look forward to receiving a completed application. Please do not hesitate to call me at
828/296-4659 should you wish to discuss this matter.
Sincerely,
Roy M. Davis
Environmental Engineer
cc: Jeffrey L. Herron, PE
NoAhCarolina
Naturally,
North Carolina Division of Water Quality 2090 U.S_Highway 70 Swannanoa,NC 28778 Phone[phone]
Internet: www.newaterquality.org Customer Service 1-877-623-6748 FAX [phone]
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

f� Michael F.Easley,Governor
yWilliam G.Ross Jr.,Secretary
i� North Carolina Department of Environment and Natural Resources
'-I
Coleen H.Sullins,Director
Division of Water Quality
December 12, 2007
Raven Ridge LLC
1001 Wagner Road
Towson, MD 21204
SUBJECT: NPDES General Stormwater Permit
No. NCG010000
Project ID: LDP-07-101
Project Name: Lago Vista Subdivision
Rutherford County
To Whom It May Concern:
Recently you were sent an Erosion Control Plan approval from the Division of Land Resources
(DLR) regarding the subject development activity. Accompanying the DLR letter was a National
Pollutant Discharge Elimination System (NPDES)General Stormwater Permit No. NCGO10000.
That permit authorizes you to discharge stormwater to the surface waters of North Carolina. Those
point source discharges are associated with activities such as clearing, grading, and other land
disturbing and construction activities.
The purpose of this letter is to draw your attention to and to stress the importance of that NPDES
General Stormwater Permit. The requirements contained in the stormwater permit coupled with the
requirements called for by the Division of Land Resources are vitally important to the protection of
the waters of the State. If you have not already done so, you are urged to immediately read and
adhere to the stormwater permit requirements contained there in. Of particular importance are
Parts I and II of the permit.
Parts I and II set forth the minimum visual monitoring and reporting requirements for your
stormwater discharge. In particular, Part I, Section B describes the visual monitoring frequencies
and locations, the requirement to maintain a rain gauge onsite, and the need to maintain a written
record of all inspections. Upon commencement of your land disturbing activity, you must initiate
the visual monitoring and record keeping requirements as called for in the permit. The visual
monitoring data results, along with all other permit required records must be maintained on-site
and made available to Division of Water Quality representatives upon request and/or during
inspections. The remaining parts of the Permit set forth definitions, general conditions and special
conditions applicable to stormwater discharge(s). The conditions include special reporting
requirements in the event of noncompliance, bypasses,treatment unit/process failures, etc.
Noe Carolina
Ntutully
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled/l0%Post Consumer Paper

Raven Ridge LLC
December 12, 2007 pay
This letter is also meant to advise you that should you fail to comply with the terms and conditi\
of the Stormwater Construction permit, you could be subject to enforcement as called for
Section 143-215.6 of the North Carolina General Statutes. A civil penalty (fine) of up to $25,000
per violation per day may be assessed for such violations. We ask that if you find at any time that
you are unable to comply with the terms and conditions of the Permit, that you contact this Office
immediately.
As mentioned previously, the purpose of this letter is to advise you of the importance of the
NPDES General Stormwater permit and by this notification prevent unnecessary impacts to the
waters of the State. Again, if you have not already done so, please read the Stormwater
Construction permit and contact me at (828) 296-4500 if you have any questions or need
clarification.
Sincerely,
Starr Silvis, P.E.
Surface Water Protection Section
ARO �-
DWQ Central Files

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
tom" North Carolina Department of Environment and Natural Resources
—J
Q Coleen H.Sullins,Director
Division of Water Quality
December 13, 2007
DWQ Project# 07-1858
Rutherford County
Bill Hutchison
1648 Cunliff Lane
Sarasota, Florida 34239-4417
Subject Property: Hutchison Bank Stabilization
Lake Lure
No 401 Water Quality Certification needed for these Impacts
Dear Mr. Hutchison:
After review of your application, received by the N.C. Division of Water Quality (DWQ)
on November 1, 2007, it has been determined that the proposed work does not require
a Water Quality Certification as no fill is proposed below the ordinary high water mark.
However, you should be aware that your project must comply with the Trout Buffer
Rules as described in 15A NCAC 04B .0125. Please contact the NC Division of Land
Resources at 828-296-4500 for information with respect to construction within the 25
foot trout buffer.
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 contact Mr. Kevin Barnett in the
DWQ Asheville Regional Office at 828-296-4500.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
CHSlkhb
cc: USACB Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: 07-1858.No401 Required.Rutherford
NorthCarolina
401 VVc.t1arrd_C crttipcation U-nit N6dt rallY
I r a'>!S wice Centr;r,Ra!eipl:,North Carolina 27699-1650
�013e,s;e+.rard,Suite250,Raleigh,north Carolina 2.7604
919-733-17861 FAX [phone]/Internet:httwf/h2o.en r.state.nears/nnwetlanti
A,z F_qua!OpportunitylAifirmalive Action Employer--50%Recycled110%Post Consrfrr,,er Paper

TAR
Michael F.Easley,Governor
William G.Ross Jr.,Secretary
- North Carolina Department of Environment and Natural Resources
fl Coleen H.Sullins Director
Division of Water Quality
SURFACE WATER PROTECTION SECTON
December 13, 2007
DWQ Project # 07-1882
McDowell County
Nick Penna
9201 Azalea Road
Sherrills Ford, North Carolina 28673
Subject Property: Old Wildlife / Phase 11 Lot#14
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Penna:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 340 linear feet of shoreline for the purpose
of stabilization at the subject property, as described within your application received by
the N.C. Division of Water Quality (DWQ) on November 5, 2007. After reviewing your
application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3693 (GC3693). The Certification(s) allows you to use
Permit(s) GP30 when issued by the US Army Corps of Engineers (USACE). In addition,
you should obtain or otherwise comply with any other required federal, state or local
permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, Non-discharge, and buffer regulations. Also, this approval to
proceed with your proposed impacts or to conduct impacts to waters as depicted
in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose that you described in your application. If you change
your project, you must notify us and you may be required to send us 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 fills
for this project (now or in the future) exceed one acre of wetland or 150 linear feet of
stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
` NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet:www.ncwaterguality.org FAX [phone] 1-877-623-7748
An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper
i

Penna`,
Page`,
December 13,2
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount Plan Location or Reference
Approved (Units)
Shoreline 1960 (linear feet) A
2. Erosion & Sediment Control Practices
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.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur. '
` J

Penna Property
Page 3 of 5
December 13,2007
4. No Sediment & Erosion Control Measures w/n Wetlands or 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 has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Riprap Installation
All banks shall be laid back at a 2.1 (length : height) slope and riprap applied at
the water / land interface (at full pool). Riprap shall be placed as a linear
protective measure upon the regraded slopes. Stone used in stabilization shall
be at least Class B riprap in size with at least 2 boulders per 100 linear feet of up
to 6 feet in diameter to provide additional wildlife habitat. The rip-rap shall be
installed over a toed in filter fabric to prevent soil erosion behind the stabilized
area. All exposed soils, above the Riprap stabilized area, to a distance of 30 feet
from the top of bank shall be replanted in accordance with the attached
Guidelines for Riparian Buffer Restoration. This authorization shall in no way
be construed as allowing the installation of a bulkhead or seawall.
7. Heavy Equipment
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.
8. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected stream buffers
such that it will not re-concentrate before being discharged. If this is not possible,
it may be necessary to provide stormwater facilities that are considered to
remove nitrogen. This may require additional approval from this Office.

Penna,
Page,
December 13,2,
9. Catawba River Buffer Tree Protection
Catawba Buffer Tree Protection
No trees shall be removed from Zone 1 of the Catawba Buffer unless they are
directly within the construction access corridor. If trees are removed, forested
vegetation shall be re-established within the construction access or other temporary
impact area occurring in the protected buffer zone within the next growing season
following construction of the project;
Grading and Revegetation within Zone 2
The plans provided along with the application depict grading activities within Zone 2
of the protected buffer. This activity is designated as "exempt" under the Buffer
Rule provided that fill is not placed in Zone 1, diffuse flow is maintained as per the
Buffer Rule, the disturbed areas are stabilized and revegetated, and the health of
the existing vegetation in Zone 1 is not compromised.
Please see attached Catawba Buffer Rules (15A NCAC 02B .0243).
As McDowell County has a delegated buffer Program, please feel free to contact
the McDowell County Planning Office for further clarification.
10.No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or
riparian areas beyond the footprint of the impacts depicted in the Pre-
construction Notification. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water
quality standards, statutes, or rules occur.
11. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure
compliance for future wetland, water and buffer impact. These mechanisms shall
be put in place prior to impacting any wetlands, waters and/or buffers approved
for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web
site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed
notification may be modified as appropriate to suit to this project.
Violations of any condition herein set forth may result in revocation of this Certification r
and may result in criminal and/or civil penalties. The authorization to proceed with your

Penna Property
Page 5 of 5
December 13,2007
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 404 or CAMA
Permit.
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 the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please contact Mr. Kevin Barnett in the
DWQ Asheville Regional Office at either Kevin.Barnett(a-)-ncmail.net or at 828-296-4657.
Sincerely,
Rg-tiy�a�
Coleen H. ullins, Director
Division of Water Quality
CHS
Enclosures: GC 3693
Certificate of Completion
cc: Carissa Castle, Bennick Grading and Excavating
1769 Waterford Way
Morganton, NC 28655
USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 07-1882.Pen naP rope rty.ApprovaI

/"'"
1

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
l t North Carolina Department of Environment and Natural Resources
�,���` �' � Coleen H.Sullins,Director
Division of Water Quality
SURFACE WATER PROTECTION SECTION
December 13, 2007
DWQ Project # 07-1889
Rutherford County
CERTIFIED MAIL
RETURN RECEIPT REQUESTED — 7006 3450 0002 7064 2288
Michael R. and Linda L. Bly
145 Blalock Road
Boiling Springs, North Carolina 29316
Subject Property: Linda's Place
Rutherford County
REQUEST FOR MORE INFORMATION
Dear Mr. and Mrs. Bly:
On November 7, 2007, the NC Division of Water Quality received your application for
stream impacts with respect to your proposed mining in the Second Broad River. Based
on our review of your submitted application, the DWQ has determined that your
application was incomplete and/or provided inaccurate information as discussed below.
The DWQ will require _additional information in order to process your application to
impact protected wetlands and/or streams on the subject property. Therefore, unless
we receive the additional information requested below, we will have to move toward
denial of your application as required by 15A NCAC 2H .0506 and will place this project
on hold as incomplete until we receive this additional information. Please provide the
following information so that we may continue to review your project.
Additional Information Requested:
1. 15A NCAC 02H .0506 (f) requires that "a lack of practical alternatives" be
demonstrated. No discussion in regards to mining the project without directly
impacting the aquatic resource has been presented. A discussion regarding
practical alternatives with respect to a reduction or avoiding of impacts must be
presented.
NNaoc Carolina
turally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Asheville Regional Office Internet:: www.ncwaterguali!y.org FAX[phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper

L:
F�
December 1
2. Application Item III. requires a detailed site plan showing property boundaries and
development plans in relation to surrounding properties. The included plans do not
show the proposed development and lot locations.
3. Application Item Ill. 10. requests a description of the overall project. Your
submitted application details the impacts related to this activity as being "minor
and temporary." The submitted floating dredge (Keene 6 Inch Dredge) data
sheet states that "increased suction power will pull rocks from over a foot away
and move a tremendous amount of material." You must explain how this amount
of substrate disturbance is "minimal and temporary" to aquatic benthos.
Additionally, you must explain / demonstrate how you will not violate state
turbidity standards during the operation of the dredge (50 ntu).
4. Application Item XI. requests a stormwater management description for the entire
development, for the life of the proposed activity. You application provides no
discussion as to how stormwater will be managed.
Please respond before the close of business on January 14, 2008 by sending four
copies of this information to the 401 Permitting Unit at:
Mrs. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
and a single copy to the Asheville Regional Office at:
Kevin Barnett
Surface Water Protection Section
2090 US HWY 70
Swannanoa, NC 28778
If we do not hear from you before January 14, 2008, we will assume that you no longer
want to pursue this project and we will consider the project as withdrawn.

Linda's Place
Page 3of 3
December 13,2007
This letter only addresses the 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 Mr.
Kevin Barnett at 828-296-4657 if you have any questions regarding or would like to set
up a meeting to discuss this matter.
Sincerely,
Roger C. Edwards, Regional Supervisor
Division of Water Quality
Surface Water Protection Section
RCE/khb
cc: USACE Asheville Regulatory Field Office
David McHenry, Wildlife Resources Commission
Cyndi Karoly, 401 /Wetlands Unit
File Copy
Central Files
- Filename: 07-1889.LindasPlace.Add-Info

i
Li

CAR Michael F.Easley,Governor
t! William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
�JA Coleen H.Sullins Director
�49-'- Division of Water Quality
SURFACE WATER PROTECTION SECTION
December 13, 2007
DWQ Project# 07-1967
Henderson County
CERTIFIED MAIL
RETURN RECEIPT REQUESTED —7006 3450 0002 7064 2295
David Parris
Youngblood Oil Company
Post Office Box 2590
Hendersonville, North Carolina 28793
Subject Property: Mr. Pete's Convenience Store
Fletcher, Henderson County
REQUEST FOR MORE INFORMATION
Dear Mr. Parris:
On November 19, 2007, the Division of Water Quality (DWQ) received your application
to stabilize 330 linear feet of an un-named tributary to Cane Creek along your property.
The DWQ has determined your application to be incomplete and/or provided inaccurate
information as discussed below. The DWQ will require the below specified additional
information in order to process your application to impact protected wetlands and/or
streams on the subject property. Therefore, unless we receive the additional
information requested below, we will have to move toward denial of your application as
required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until
we receive this additional information. Please provide the following information so that
we may continue to review your project.
Additional Information Requested:
1. Purpose of Proposed Work
In you submitted explanation of the proposed work; you state that the work was
"necessary" to protect the "building and parking lot."
Impact Justification (Avoidance and Minimization)
No thCarolina
,Vaturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone:[phone] Customer Service 1-877-623-6748
Internet:wwwncwaterquality.org FAX:[phone]
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

Youngblood b.
Pu
December t�,
Under Section VII of your application you stated that the activity was "necessary b-,
stabilize the bank of a stream adjacent to a parking lot and building. Only the area' ,
adjacent to these features was stabilized."
At the time of the issued Notice of Violation, rip-rap extended far beyond the paved
area to beyond where the Car-Wash facility was later constructed. You must
explain why "stream bank erosion protection" was needed for a facility, which did
not exist.
2. Stormwater
Under Section X of your application, you state that the addition of rip-rap
stabilization would only increase the impervious area by a minimal amount. As this
site is near 90% impervious, some form of stormwater collection and treatment
must be retrofitted in order to protect existing surface water standards.
Please respond by January 15, 2008 by sending 5 copies of the requested information
to both the 401 Permitting Unit at:
Mrs. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
And a single copy to the Asheville Regional Office at:
Kevin Barnett
Surface Water Protection Section
2090 US HWY 70
Swannanoa, NC 28778
If we do not hear from you by January 15, 2008 of your receipt of this letter, we will
assume that you no longer want to pursue this project and we will consider the project
as withdrawn. Additionally, we will assume that all un-permitted stabilization will be
removed and the stream bank restored.

Youngblood Oil Company
Page 3 of 3
December 13,2007
his letter only addresses the 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 Ms.
Cyndi Karoly at 919-733-1786 or Mr. Kevin Barnett at either 828-296-4657 or at
[e-mail] if you have any questions regarding or would like to set up a
meeting to discuss this matter.
Sincerely,
!Roger C. dwards, Regional Supervisor
Division of Water Quality
Surface Water Protection Section
RCE
cc: Neill Yelverton, Wetlands and Natural Resources Consultants, Inc.
Post Office Box 882
Canton, NC 28716
Cyndi Karoly, 401 Permitting Unit, Central Office
- USACE Asheville Regulatory Field Office
David McHenry, Wildlife Resources Commission
File Copy
Central Files
Filename: 07-1967.MrPetes.Add-Info

�\
/ ^�
Jl

P, Michael F.Easley,Governor
William G.Ross Jr.,Secretary
-7 North Carolina Department of Environment and Natural Resources
.t
x Coleen H.Sullins,Director
F,,; ,
��„ Division of Water Quality
December 14, 2007
Macon County
DWQ Project No. 20072006
NCSR 1503 (Mack Branch Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. J. B. Setzer,P.E.
Division Engineer
N C Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Dear Mr. Setzer:
You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in
an unnamed tributary to the Little Tennessee River (Lake Emory), for the purpose of making improvements to NCSR
1503 (Mack Branch Road)in Macon County:
Stream Impacts in the Little Tennessee River Basin
Site Permanent Fill in Temporary Fill in Permanent Fill in Temporary Total Stream Stream
Intermittent Intermittent Stream Perennial Stream Dewatering in Impact Impacts
Stream(linear ft) (linear ft) (linear ft) Perennial Stream (linear ft) Requiring
/- (linear ft) Mitigation
I linear ft
Site 1 10 65 75 0
Total 10 65 75 0
Total Stream Permanent Impact for Project: 10 linear feet. Temporary Impact for Project: 75 linear feet.
The project should be constructed in accordance with your application dated November 26, 2007 (received November
30, 2007), 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. 3704 and 3688,
corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 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.
Please note that new 401 Water Quality Certifications went into effect on November 1, 2007. These Certifications
contain additional requirements that were not in the old certifications. You are strongly urged to review these
new certifications (attached) and become familiar with their requirements.
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.
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer

Mr. J. B. Setzer,P.E.
December 14,2007
Page Two
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. Adequate sedimentation and erosion control measures must be installed and maintained on the project site to
minimize sediment transport to downstream aquatic resources. Temporary cover (wheat, millet or similar annual
grain) or permanent herbaceous cover shall be planted on all bare soil within fifteen (15) days of ground disturbing
activities to provide long-term erosion control. Erosion control mating shall be used in conjunction with appropriate
seeding on disturbed soils in steep slope and riparian areas. Matting should be secured in place with staples or
wherever possible, live stakes of native trees. Straw mulch and tall fescue shall not be used in riparian areas.
4. If multiple pipes or barrels are required,they shall be designed to mimic the natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream shall
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_
5. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High
Quality Waters (HQW) or Water Supply I or II (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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited.
14. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
15. 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.
16. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
17. 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. _:'`

zer,P.E.
14,2007
.free
18. 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.
19. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
20.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. This condition supersedes Condition 18 in Water Quality
Certification No. 3704 and Condition 15 in Water Quality Certification No. 3688.
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
/V 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

�i
�-� ��
I�:

Michael F.Easley,Governor
( !_ William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
p' Division of Water Quality
6w,,
December 14,2007
Mr. J.B. Setzer,P.E.
Division Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection
US Highway 64 Widening-Relocation
DWQ Project No. 041594 R-977A
Cherokee County
Dear Mr. Setzer:
On December 12,2007,I visually inspected the construction work on the US Highway 64 project near
Murphy in Cherokee County. It appears that the construction work is continuing in the Martin's Creek and
Hiwassee River areas. All waste areas appear to be in good condition. Approximately one half of the project
has been paved. Please continue to maintain the sediment and erosion control structures so that State surface
waters can be protected. Specific items are listed in the attached inspection report.
If you have questions,please call me at 828.296.4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Mark Davis,Division 14,DEO
Trent Anderson,Resident Engineer
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Niki Maher,NPS Assistance and Compliance Oversight Unit
Mike Parker,Asheville Regional Office
One
NorthCarolina
N17A(C67116f
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer

DWQ Site Visits for DOT Projects
Field Sheet
DWQ representative: Michael R.Parker Date: December 14,2007
County: Cherokee Region: Asheville
DOT Division: Division 14
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 04-1594 NW Permit#: IP#: 3487
Project Name: U S Highway 64 Relocation
Location of Project: From U S 74/19/129 in Murphy to east of NC 141 in Peachtree,N C
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities(DOT): Water Quality Concerns(DWQ):
X❑Bridge ❑ Steam Standards Violation
X❑ Culvert ❑ Turbidity
❑Bottomless Culvert ❑ Evidence of spills
❑Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E& S control measures
❑Borrow Pit ❑ Sedimentation Impacts
❑Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration ❑ Fill
X❑ On-site Stream Relocation ❑Buffer Impacts (see below)
❑Buffer Restoration ❑ Other
❑Bank Stabilization
❑ Other
Additional Wetland Impacts: ❑yes X❑no Estimated Acres
❑ Zone 1 Est Acres ❑Zone 2 Est Acres
Additional Stream Impacts: ❑yes X❑no Est Linear feet
Estimated linear feet of impact: �-
Buffer Impacts: ❑Neuse []Tar-Pam ❑Randleman ❑Catawba
Zone 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

DWQ Site Visits for DOT Projects
Background Info
Name of Waterway(s): Unnamed tributaries to Hiwassee River,Hampton Creek,Martin Creek,
McComb Branch and Hampton Creek
Basin/ Subbasin: Hiwassee 040502
Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US)
Stream Class: ❑Class B ❑303d Listed ❑WS-11 ❑WS-V ❑SB
X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW
❑HQW ❑WS-I X❑WS-1V ❑SA ❑CA
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
X❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: ❑0— 1/loth acre ❑1/l lb to 1/3rd acre
X❑1/3 d to 1.0 acre ❑> 1.0 acre j
Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet
Looked at entire project. Project appears to be in good shape. Work continues at the cut site near Martins
Creek. Waste areas appear to be in good shape. Waste area that has already been closed out near office with
area between roadway and private property will be filled. Stormwater piping to be changed. Existing deep cross
pipe to be filled with grout and new cross pipe and junction box to be installed.
Paving had been completed on approximately one half of the project. Finish shoulder work was being
performed on the paved portion of the project. Also,finish work was in progress on bridges 4 and 5.
Continue to maintain erosion control devices and continue with seeding and matting as required.
The project looked good overall.
Project is approximately 70%complete.

' Michael F.Easley,Governor
William G.Ross Jr.,Secretary
P North Carolina Department of Environment and Natural Resources
k Coleen H.Sullins,Director
Division of Water Quality
December 14, 2007
Ms. Teresa Spires
P.O. Box 841
Rutherfordton, NC 28139
Dear Ms. Spires:
In September, 2004, the City of Saluda's WWTP was severely damaged as a result of heavy rains from
hurricane Francis. As a result, the plant can no longer effectively treat wastewater at its rated capacity of
100,000 gallons per day. As a result, the Town has no option other than to repair the facility.
The State of North Carolina, in order to protect the waters of the state, continues to modify the requirements
and standards for wastewater treatment plants. Plants that are already in operation are not necessarily
required to implement these standards when they are adopted. However, these standards are required to be
implemented anytime the plant applies for an ATC (Authorization to Construct)for expansions, upgrades
and/or repairs. In this case, there are numerous modifications required to be constructed at the Saluda
wastewater treatment plant to bring it up to current standards as listed in state statute 15A NCAC 02H .0124.
It is our understanding that FEMA will only cover portions of the project that were a direct result of damage
during the storm. Any work not directly related to this damage, such as work that is required to bring the
plant to current state standards, will not be covered. It is for this reason I am writing in support of additional
funding for this project from the Rural Center.
Should you have any questions or need to contact me about this matter,you can reach me at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
NoiihCarolina
�irtcrr�i!!�
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)'296-4500 Customer Service
Internet: www..ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

f\�-,�
___.

Surface Water Protection
Asheville Regional Field Office
Division of Water Quality
December 17, 2007
Memorandum:
TO: Tom Reeder
Wetlands and Stormwater Branch Supervisor
FROM: Roger C. Edwards, RO Supervisor � @
Asheville Regional Office
PREPARED BY: Kevin Barnett )
SUBJECT: Enforcement Recommendation
John and Gretta Bryant
Yancey County,NC
Enclosed is an enforcement recommendation package for John and Gretta Bryant in Yancey
County,NC. Kevin Barnett of this Office conducted site inspections on September 8, 2006 and
November 1, 2007. Notice of Violation and Recommendation for Enforcements were issued on
October 6, 2006 and November 13, 2007. No response to the DWQ NOV was received in this
office. The current status of the site is unchanged
The impacts have resulted in the following violations:
A. 15A NCAC 02B .0211 (2)—Removal of Best Use
On September 28, 2006 and November 1, 2007, DWQ staff observed that culverts
and both rock and earthen fill had been placed in an un-named tributary to Little
Creek.
B. Failure to secure a 401 as required by 15A NCAC 02H .0500
On September 8, 2007 and November 1, 2007, DWQ staff observed that culverts
and both rock and earthen fill had been installed without prior application for and
receipt of a 401 Water Quality Certification.
DWQ has no record of past violations for John and Gretta Bryant.
Enforcement Costs:
RO STAFF INSPECTOR 8 hours @ $56.62
RO SUPERVISOR 1 hours @ $39.21
Mileage 248 miles @ $0.36/mile
Central Office Review and Processing $100.00
Total $681.45

STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
COUNTY OF Yancey RESOURCES
IN THE MATTER OF ) CASE NO. XX-XXXX-XXXX
John and Gretta Bryant )
FINDINGS AND DECISION
AND ASSESSMENT OF
FOR VIOLATIONS OF ) CIVIL PENALTIES
NCGS..., and )
15A NCAC... }
Acting pursuant to North Carolina General Statues (G.S.) 143-215.6A, 1, Tom Reeder, of the
Division of Water Quality (hereby known as DWQ), make the following:
1. FINDING OF FACT
A. JOHN AND GRETTA BRYANT is the owner of record of the Bryant tract ,
located on Copperhead Road in Yancey County,North Carolina.
B. On September 28, 2006 and November 1, 2007, DWQ staff observed that culverts
and both rock and earthen fill had been placed in an un-named tributary to Little
Creek.
C. 15A NCAC 02B .0211 (2)—Removal of Best Use
The waters shall be suitable for aquatic life propagation and maintenance of
biological integrity,wildlife, secondary recreation, and agriculture; sources of
water pollution which preclude any of these uses on either a short-term or long-
term basis shall be considered to be violating a water quality standard. The
culverting of the un-named tributary to Little Creek and the failure to control
sediment from the adjacent filling activities has resulted in the fill of an unnamed
tributary to Little Creek, which constitutes a violation of Best Use.
C. On September 8, 2006 and November 1, 2007, DWQ staff observed that culverts
and both rock and earthen fill had been installed without prior application for and
receipt of a 401 Water Quality Certification.
D. Failure to secure a 401 as required by 15A NCAC 02H .0500
DWQ site visits and file review confirmed that impacts occurred without a 404
Permit from the U.S. Army Corps of Engineers. A file review indicates that the
U.S. Army Corps of Engineers (COE) has not authorized use of a 404 Permit for
this activity nor has notification been provided to the COE for this activity. The
file review confirmed that a Pre-construction Notification has not been received
by the Division of Water Quality for this project and that a 401 Water Quality

vretta Bryant
y County
a2of4
Certification has not been issued. A Pre-Construction Notification submitted to
DWQ is required prior to the above-mentioned impacts pursuant to 15A NCAC
2H .0500. The replacement and up-sizing of the culvert crossing requires
authorization under Section 404 and 401 of the Clean Water Act.
E. The impacts occurred to un-named tributary to Little Creek, Class C, Trout waters
within the French Broad River Basin.
F. The cost to the State of the enforcement procedures in this matter totaled $642.24.
Based upon the above Finding of Fact, I make the following:
II. CONCLUSION OF LAW
A. JOHN AND GRETTA BRYANT is a"person"within the meaning of G.S. 143-
215.6A pursuant to G.S. 143-212 (4).
B. The un-named tributary to Little Creek located at the site constitutes waters of the
State within the meaning of G.S. 143-212 (6).
C. On September 28, 2006, JOHN AND GRETTA BRYANT violated Title 15A
NCAC 2B .0211 (2)by impacts to approximately 60 linear feet of an un-named
tributary to Little Creek from the installation of two culverts and approximately
200 linear feet of an un-named tributary to Little Creek through the filling of rock
and earthen material. (2 culverts and 1 rock and earthen fill.)
D. On one (1) occasion, JOHN AND GRETTA BRYANT violated Title 15A NCAC
2H .0501 and .0502 by filling and culverting impacts without first applying for
and securing the issuance of a 401 Water Quality Certification as required by
Section 401 of the Federal Water Pollution Control Act.
E. JOHN AND GRETTA BRYANT may be assessed civil penalties in this matter
pursuant to G.S. 143-215.6A (a)(1), which provides that a civil penalty of not
more than twenty-five thousand dollars ($25,000)per violation per day may be
assessed against a person who violates any classification, standard, limitation, or
management practice established pursuant to G.S. 143-214.1, 143-214.2, or 143-
215
F. JOHN AND GRETTA BRYANT may be assessed civil penalties in this matter
pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not
more than twenty-five thousand dollars ($25,000) per violation per day may be
assessed against a person who is required but fails to apply for or to secure a
permit required by G.S. 143-215.1, or who violates or fails to act in accordance

John and Gretta Bryant
Yancey County
Page 3 of 4
with the terms, conditions, or requirements of such permit or any other permit or
certification issued pursuant to authority conferred by this Part
G. The State's enforcement cost in this matter may be assessed against JOHN AND
GRETTA BRYANT pursuant to G.S. 143-215.3 (a)(9) and G.S. 143B-282 (b)(8).
H. Tom Reeder of the Division of Water Quality,pursuant to delegation provided by
the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, has the authority to assess civil
penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION
Accordingly, JOHN AND GRETTA BRYANT is hereby assessed a civil penalty of:
$ for three (3) of three (3) violations of Title 15A NCAC 2B .0211 _
(2) by impacts to approximately 60 linear feet of an un-named tributary to Little Creek ,1
from the installation of two culverts and approximately 200 linear feet of an un-named
tributary to Little Creek through the filling of rock and earthen material.
$ for one (1) of one (1) violations of Title 15A NCAC 2H .0501 and
.0502 by filling and culverting impacts without first applying for and securing the
issuance of a 401 Water Quality Certification as required by Section 401 of the Federal
Water Pollution Control Act.
$ TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A
$ 642.24 Enforcement Cost
$ TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of penalty, I considered the
factors set out in G.S. 14313-282.1(b), which are:

lretta Bryant
County
4 of 4
(1) The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures
Date Tom Reeder
Division of Water Quality

Bryant Photographs.
Ramsey Cabin (immediately downstream)
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Stream adjacent to Ramsey Cabin
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�F W ,�� Michael Easley;'Gove'rnor f
n Will* !€6Ss Aeparmen ronmen Se etary
North Carolina Department of Envit i 9Jatur urces
y t.
a
> t Alan W Klimek,P E Director
�
Q _ .. D
� �a; Y vision of WaterQua(ity ...., ,..,f,.n
Coleen H.Sullins,Deputy Director
Division of Water Quality
October 6, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED—7005 3110 0003 5474 0639
John and Gretta Bryant
71 Copper Head Road
Burnsville,NC 28714
Subject: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
John and Gretta Bryant
Violations
Yancey County
Dear Mr. and Mrs. Bryant:
On September 28, 2006, Kevin Barnett from the Asheville Regional Office of the
Division of Water Quality conducted site inspections for the tract/project known as the
Bryant property in Yancey County,NC.
During the inspection DWQ staff collected measurements took photographs and made
visual observations of sedimentation and earthen fill impacts to an unnamed tributary to
Little Creek, located along the subject tract. The site drains to Little Creek, a Class C,
Trout stream, located in the French Broad River Basin.
As a result of the site inspection and file review, the following violations, detailed below,
are noted:
1. 15A NCAC 02B .0211 (2)—Removal of Best Use
The waters shall be suitable for aquatic life propagation and maintenance
of biological integrity, wildlife, secondary recreation, and agriculture;
sources of water pollution which preclude any of these uses on either a
short-term or long-term basis shall be considered to be violating a water
quality standard. The failure to control sediment from the adjacent
filling activities has resulted in the fill of an unnamed tributary to
Little Creek,which constitutes a violation of Best Use.
2. Failure to secure a 401 as required by 15A NCAC 02H .0500
DWQ site visits and file review confirmed that impacts occurred without a
404 Permit from the U.S. Army Corps of Engineers. A file review
► indicates that the U.S. Army Corps of Engineers (COE)has not authorized 0te
NortliCarolin
Naturally
N. C.Division of Water Quality 2090 US Highway 70 828-296-4500
Asheville Regional Office Swannanoa,NC 28778
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

Page 2
John and Gretta Bryant
Yancey County
use of a 404 Permit for this activity nor has notification been provided to
the COE for this activity. The file review confirmed that a Pre-
construction Notification has not been received by the Division of Water
Quality for this project and that a 401 Water Quality Certification has not
been issued. A Pre-Construction Notification submitted to DWQ is
required prior to the above-mentioned impacts pursuant to 15A NCAC 2H
.0500. The replacement and up-sizing of the culvert crossing requires
authorization under Section 404 and 401 of the Clean Water Act.
Requested Response
This Office requests that you respond to this letter in writing within 15 days of receipt of
this Notice. "Your response should be sent to both this office at the letterhead address and
to the attention of Mr. Danny Smith 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:
1. Please explain when construction (excavation, grubbing, and clearing)
began at the site.
2. Please clearly explain why appropriate 401 Water Quality Certification
and a 404 Permit were not secured.
3. Please provide a map that exactly details the waters on the tract and the
areas of streams that were impacted.
4. Please submit a Restoration Plan to this office for review and approval.
You are encouraged to secure a consultant to assist you with your plan
development, permit, certification and authorization necessary to achieve
compliance. This plan must include, at a minimum, the following:
5. A restoration plan and an implementation schedule for the impacted
stream segment. Specifically, you must remove the accumulated sediment
from the stream on your property through to the confluence with to Little
Creek. (You must contact, in writing, all of the property owners
between your development and Little Creels and obtain permission to
access the impacted streams and carbon copy the Asheville Regional
Office of the Division of Water Quality with these contact documents).
It is recommended that you use hand labor (buckets, shovels and
wheelbarrows) to remove deposited sediment from the stream channel.
The sediment should be removed from the channel, taken to high ground
and stabilized. Your plan must include the methodology and
implementation schedule for stabilizing streams under the bottomless
culverts and the removal of both non-native stone (rip-rap) and sediments.
$ (It is recommended that your consultant contact Kevin Barnett of the
Asheville Regional Office for additional guidance during stream

m and Gretta Bryant
�ancey County
restoration plan development.) Please provide a sediment removal plan
for review and approval by the Division of Water Quality. This plan
should include a schedule with dates that indicate when you propose to
complete the removal of the sediment. Please also include a diagram of
the stream channel that shows those areas where you propose to remove
sediment. Please indicate in your response a schedule with dates detailing
when the restoration will be accomplished. This schedule should include a
three-year monitoring plan to ensure that the wetlands are restored.
6. Finally, please explain how you propose to prevent these problems from
reoccurring on future projects.
By copy of this Notice of Violation, I am hereby requesting that the County Building
Inspectors Office not issue any permits for this site until it is brought into compliance
with all applicable rules and regulations.
Thank you for your attention to this matter. This Office is considering sending a
recommendation for enforcement to the Director of the Division of Water Quality
regarding these issues and any future/continued violations that may be encountered.
Your above-mentioned response to this correspondence will be considered in this
process. This office requires that the violations, as detailed above, be abated
immediately. These violations and any future violations are subject to a civil
penalty assessment of up to $25,000.00 per day for each violation. Should you have
any questions regarding these matters, please contact Kevin Barnett at(828) 29.6-4500.
Sincerely,
c_ecCr�rLA
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Division of Water Quality
cc: Roger C. Edwards—DWQ Asheville Regional Office Supervisor
Cyndi Karoly—401 Oversight and Express Permits Unit
Danny Smith—NPS Assistance and Compliance Oversight Unit
DWQ Central Files
Division of Land Resources (RO or delegated program)
Asheville Regulatory Field Office, U.S. Army Corps of Engineers
David McHenry,NC Wildlife Resources Commission
Yancey County Building Inspector
t

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,;i;

Michael F.Easley,Governor
R William G.Ross Jr.,Secretary
s North Carolina Department of Environment and Natural Resources
tp" Coleen H.Sullins,Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
December 17, 2007
Mr. Johnny Brown, Mayor
Town of Andrews
Post Office Box 1210
Andrews, North Carolina 28901
Subject: Town of Andrews
Compliance Evaluation Inspection
Permit No. WQCS00103
Wastewater Collection System
Cherokee County
Dear Mr. Brown:
Our September 12, 2007 Collection System Compliance Evaluation Inspection conducted at the
Town of Andrews identified several needs relating to the Town's collection system operation and
maintenance program. Would you please review the report and cover letter resulting from that
inspection and inform us in writing as to progress being made toward correcting these
deficiencies.
I look forward to receiving your written response within thirty days from the date on this letter.
Sincerely,
Roy Davis
Environmental Engineer
Cc: PERCS Files
Surface Water Protection Central Files
2090 U.S.Highway 70, Swannanoa,N.C. 28778 828/296-4500(Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 NorthCarolina
A

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Michael F. Easley, Governor
G
F William G. Ross Jr., Secretary
r- North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Y Division of Water Quality
December 18, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 7064 2301
Mr. Greg Hining
PO Box 979
Brevard, NC 28712
Subject: Stormwater Management Permit Application
United Community Bank
Cashiers, NC
Jackson County
Dear Mr. Hining:
On December 7, 2007, the Division of Water Quality (DWQ), Asheville Regional Office received your
submittal for a Stormwater Management Permit for the United Community Bank in Cashiers, NC.
The submittal has been deemed deficient, and we are returning it unprocessed.
Preliminary review revealed the following deficiencies;
1) The Seasonal High Water Table (SHWT) was reported to be 95 and 97 feet for infiltration
trench areas 1 and 2 respectively. However, review of the soil boring logs indicates that the
SHWT is 99 and 99 respectively. The bottom of the infiltration trench must be located at a
minimum 2 feet above the SHWT.
2) The applicant must initial Page 4 of 4 Submittal Requirements checklist
3) The application shows calculation based on a volume of water derived using the 1 yr 24 hr
storm and the difference between pre and post development runoff volumes. The 15 NCAC
2H.10.07 rules require that the BMPs must be designed to control runoff from all surfaces
generated by one inch of rainfall.
4) Flow above the design volume must be bypassed. The bypass must be directed into a
minimum of a 30 foot vegetated filter. Please clearly show on your plans the location of the
receiving vegetated filter.
5) The permit application indicates that the subject property is 2.17 acres, however, in the
calculation section the subject property is listed as 1.51 acres. Please reconcile upon
resubmittal.
6) Infiltration rates for the soils on site must be determined in-situ. The submittal did not
contain field infiltration testing data or results. If the infiltration trench is to be sited in fill
material the infiltration rate of the fill and of the native soil must be similar. Fill must be
very specific such that the infiltration rate is high and also similar to the native underlying
soil. The plans should include sequencing notes and should require that the consultant field
verify all fill soils around the infiltration system prior to covering them up.
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 US Hwy 70,Swannanoa,NC 28778 Phone[phone]
Internet: www.ncwaterguality.ora Fax [phone]
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

Mr. Greg Hining
Page 2 of 2
December 18, 2007
7) In the event that in-situ infiltration rates are unfavorable for installation of an infiltration
trench, please consider wet detention on this site. You might consider collecting stormwater
and pumping to a wet detention system on the outparcel. I do not know if this option is
feasible, however, wet detention is often more practical in low permeability situations. Also,
we detention is typically lower maintenance and is therefore less likely to fail. Please
remember that these systems must be maintained in perpetuity and the permit must be
renewed. Should the installed system fail, the owner would be required to bring the site
into full compliance prior to issuance of the permit and would be subject to fines.
Please contact me should you have any questions or concerns.
Sincerely,
bzl
c.
Starr Silvis, P.E.
Environmental Engineer
[phone]
Enclosure: Submittal Package
cc: Asheville Regional Office
DWQ Central Files ,
Mr. Mark Ambtman, Civil Development Solutions, 224 South Grove Street, Hendersonville, NC
28792
Mr. Jeremy Cadeau, 238 Vista Falls Road, Mills River, NC 28759
G:\WPDATA\DEMWQ\Jackson\State Stormwater Management\United Community Bank\United Bank's
Return.doc

Michael F.Easley,Governor
William G.Ross Jr„Secretary
North Carolina Departrnent.of Environment and natural Resources
;
g Coleen H.S'ullins,Director `
Division of Water Quality
December 18, 2007
Mr. J. B. Setzer, P.E.
Division Engineer
N.C.Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection
NCSR 1521 B &C, Onion Mountain Road
DWQ Project No. 070487
Macon County
Dear Mr. Setzer:
On December 6,2007, I visually inspected the construction work on NCSR 1521B &C, Onion Mountain
Road. The inspection was only on the northern section of the road due to inaccessibility of the other section
of road. Construction:is well underway and some culverts have been replaced. Please continue to maintain
the sediment and erosion control structures so that State surface waters can be protected. Please refer to the
attached inspection report.
If you have questions,please call me at 828.296.4500.
Sincerely,
a ,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: 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
No thCatrolina
11vaturaltlf
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC28778 Phone[phone] Customer Service
Internet: wwwncwaterquality.org FAX [phone] ' l 877-623 6748
An,Equal Opportunity/Affirmative Action Employer.

I
DWQ Site Visits far DOT Projects
Field Sheet
DWQ representative: Michael R.Parker Date: December 6,2007
County_ Macon Region: Asheville
DOT Division: Division 14
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 07-0487 NW Permit#: IP#:
Project Name: Onion Mountain Road
Location of Project: From U S Highway 64 Northeast of Franklin turn onto NCSR 1513 and travel 2.75
miles to NCSR 1521,Onion Mtn.Road.
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities (DOT): Water-Quality Concerns (DWQ):
❑Bridge ❑ Steam Standards Violation
X❑ Culvert ❑ Turbidity
❑ Bottomless Culvert ❑ Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
X❑Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E& S control measures
❑Borrow Pit ❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration ❑ Fill
❑ On-site Stream Relocation ❑ Buffer Impacts (see below)
❑ Buffer Restoration ❑ Other
❑ Bank Stabilization
❑ Other
Additional Wetland Impacts: ❑yes X❑ no Estimated Acres
❑ Zone 1 Est Acres ❑ Zone 2 Est Acres
Additional Stream Impacts: ❑yes X❑no Est Linear feet
Estimated linear feet of impact:
Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba
Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Buffer Designation ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited
I

I
DWQ Site Visits for D®T Projects
Baekgroun&Info
Name of Waterway(s): Unnamed tributaries to Laurel Creek and Laurel Creek
Basin/Subbasin: LTN 040401
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 ❑CA
8
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization ❑Fill
Authorized Wetland Impacts: ❑0— 1/10`h acre ❑1/I It"to 1/3rd acre
X❑1/37d to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: X❑< 150 linear feet ❑> 150 linear feet
Additional comments:
Project is well under construction and only the northern section was reviewed. Some pipes have been extended.
Continue work with appropriate sediment and erosion control devices and seeding.

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___

Michael J".Easley,Governor
Ci William G,Ross Jr.,Secretary
- North Carolina Dep'artinent of Environment and Natural Resources
Col eenH.Sullins,Director
Division of Water Quality
December 18, 2007
Mr. J. B. Setzer,P.E.
Division Engineer
N.C.Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection
NCSR 1127 &1128, South Skeenah Road
DWQ Project No. 061467
Macon County
Dear Mr. Setzer:
On December 6, 2007, I visually inspected the construction work on NCSR 1127 and 1128, South Skeenah
Road south of Franklin in Macon County. It appears that the construction work is not complete but some
culverts have been replaced. It appears that stone has been placed around the ends of the culverts but that
some matting may also be required. Please continue to maintain the sediment and erosion control structures
so that State surface waters can be protected. Please refer to the attached inspection report.
If you have questions,please call me at 828.296.4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: 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
NorthCarolina_
�Vatuivlly
North Carolina Division of.Water Quality 2090 U.Si Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Intemet: www.ncwaterquality.org FAX [phone] ' 1 877 623 6748
An Equal Opportunity/Affirmative Action Employer

DWQ Site Visits for DOT Pr6iects
Field Sheet
DWQ representative: Michael R.Parker Date: December 6, 2007
County: ' Macon - Region: Asheville
DOT Division: Division 14
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 06-1467 NW Permit#: IP#:
Project Name: South Skeenah Road
Location of Project: From US Highway 64 in Franklin travel south on US Highway 441 south
approximately 3 miles.Turn right at stoplight and travel approximately 1 mile and cross
bridge to South Skeenah Road.
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities (DOT): Water Quality Concerns (DWQ):
❑Bridge ❑ Steam Standards Violation
X❑ Culvert ❑ Turbidity
Bottomless Culvert❑ ❑ Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E& S control measures
❑Borrow Pit ❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration ❑ Fill
❑ On-site Stream Relocation ❑Buffer Impacts (see below)
❑ Buffer Restoration ❑ Other
❑Bank Stabilization
❑ Other
Additional Wetland Impacts: ❑yes X❑no Estimated Acres
❑ Zone 1 Est Acres 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

DWQ Site Visits for DOT Proiects
Background Info
Name of Waterway(s): Unnamed tributaries to Skeenah Creek and unnamed tributaries to South
Fork Skeenah Creek
Basin/ Subbasin: LTN 040401
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
❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization ❑Fill
Authorized Wetland Impacts: ❑0— 1/10"'acre ❑1/l 1th to 1/3id acre
X❑1/3rdto 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: X❑< 150 linear feet ❑> 150 linear feet
Project is not completed. Some pipes have been extended. Areas around pipes should be matted to prevent
sediment from entering streams.
See attached photograph of erosion at one of the culvert sites.

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Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
" Division of Water Quality
December 19, 2007
McDowell County
DWQ Project 071945
TIP No. B-4197
Bridge-73 NCSR 1552 (Lake James Road)
Approval of 401 Water Quality Certification with Additional Conditions
Dr. Greg Thorpe, PhD., Manager
Planning and Environmental Branch
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 Dales Creek and an
unnamed tributary to Dales Creek for the purpose of constructing a new bridge on NCSR 1522 (Lake James Road)in
McDowell County:
Stream Impacts in the Catawba River Basin
Site Permanent Temporary Permanent Temporary Total Stream
Fill in Fill in Relocation Dewatering Stream Impacts
Intermittent Intermittent in Perennial in Perennial Impact Requiring
Stream(linear Stream(linear Stream Stream (linear ft) Mitigation
ft) ft) (linear ft) (linear ft) (linear ft)
Dales Creek 82
Ut to Dales Creek 167
Total
Total Stream Impact for Project: linear feet. Temporary Impacts for Project: 82 linear feet.
The project should be constructed in accordance with your application dated November 8, 2007 (received November 16,
2007), 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. 3704 and 3688,corresponding
to the U.S. Army Corps of Engineers Nationwide Permit Numbers 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.
Please note that new 401 Water Quality Certifications went into effect on November 1,2007. These Certifications
contain additional requirements that were not in the old certifications. You are strongly urged to review these
new certifications (attached) and become familiar with their requirements.
NorthCarolina
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer

Dr. Gregory J. Thorpe, PhD.
December 19, 2007
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. Adequate sedimentation and erosion control measures must be installed and maintained on the project site to
minimize sediment transport to downstream aquatic resources. Temporary cover (wheat, millet or similar annual
grain) or permanent herbaceous cover shall be planted on all bare soil within fifteen (15) days of ground disturbing
activities to provide long-term erosion control. Erosion control mating shall be used in conjunction with appropriate
seeding on disturbed soils in steep slope and riparian areas. Matting should be secured in place with staples or
wherever possible, live stakes of native trees. Straw mulch and tall fescue shall not be used in riparian areas.
4. NCDOT shall provide a stream relocation plan for the unnamed tributary to Dales Creek prior to starting work on the
project. All channel relocations will be conducted in a dry work area and stabilized before stream flows are diverted.
Channel relocations will be completed and stabilized, and must be approved on site by DWQ staff, prior to diverting
water into the new channel. Compensatory mitigation for the stream impacts will be through the Ecosystem
Enhancement Program, however, a plan indicating how the stream will be relocated and stabilized must be
submitted.
5. If multiple pipes or barrels are required,they shall be designed to mimic the natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream shall
be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity
causing sediment deposition that requires increased maintenance and disrupts aquatic life passage.
6. Compensatory Mitigation for impacts to 167 linear feet of stream is required. We understand that you have chosen t
perform compensatory mitigation for impacts to streams through the North Carolina Ecosystem Enhancement
Program(EEP), and that the EEP has agreed to implement the mitigation for the project. EEP has indicated in a letter
dated August 21, 2007 that they will assume responsibility for satisfying the federal Clean Water Act compensatory
mitigation requirements for the above-referenced project, in accordance with the Tri-Party MOA signed on July 22,
2003 and the Dual-Party MOA signed April 12, 2004.
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. 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.
10. 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.

J. Thorpe,PhD.
..r 19, 2007
hree
11. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
12. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and
red maple) must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
13. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
14. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
15. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
16. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants,hydraulic fluids, or other toxic materials.
17. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited.
19. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
20. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on-site project manager.
21. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
22. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to
areas within the fencing are prohibited unless otherwise authorized by this certification.
23. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules,
regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
24. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
25. Upon completion of the project,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.
�1

Dr. Gregory J. Thorpe,PhD.
December 19,2007
Page Four
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60)
days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter
150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service
Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an
adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the
Certification. Unless such demands are made,this Certification shall be final and binding.
This the 19th day of December 2007
DIVISION OF WATER QUALITY
Coleen H. Sullins
Director

Michael F.Easley,Governor
Q� William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
> 1-11
(D C Coleen H.Sullins,Director
Division of Water Quality
December 20, 2007
Mr. Jonathan Evans
11 Nursery Road ��( ,v,Yl(�
Melville, NY 11747 )
Subject: REQUEST FOR NOTIFICATION C zl��
.Evan's Property
Caldwell County
Dear Mr. Evans:
On August 16, 2007, the Asheville Regional Office received a copy of a Sedimentation and
Erosion Control Plan for Evan's Property. State regulations 15A NCAC 2H.1000 require any
project that is required to obtain either an Sedimentation and Erosion Control Plan approval or
a CAMA Major Permit and which meet any of the following criteria:
(1) development activities draining to Outstanding Resource Waters (ORW) as defined
in 15A NCAC 2B .0225;
or
(2) development activities within one mile of and draining to High Quality Waters
(HQW) as defined in 15A NCAC 2B .0101(e)(5).
to apply for a State Stormwater Management Permit. We have received notice that the subject
project is located in either an HWQ or an ORW area. In order to determine if a State
Stormwater Management Permit will be required for this project, the classification of and
distance of the project from the receiving waters must be verified by this Office. Please return
the attached classification request form with a copy of a portion of the USGS quad sheet with
the project and the closest downslope named receiving waters clearly noted.
A Stormwater Management Permit Application, fee, and supporting information will be required
if this project is either draining to an Outstanding Resource Water or is within 1 mile of and
draining to a High Quality Water. Projects that drain to Water Supply Watersheds must be
reviewed by the local governing authority for compliance.
Please note that the project may not begin until the State Stormwater Management Permit has
been issued. Also, be advised that there is a 90-day processing period that begins upon
receipt of a complete application per 15A NCAC 02H.1009 and G.S. 143-215.1.
NohCarotina
Yaturall
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper
G:IWPDATAIDEMWQ1Caldwell\Stormwater ManagementlEvan's Property Request.doc

Mr. Jonathan Evans
December 20, 2007 Page 2 of 2�.
This letter is also meant to advise you that should you fail to comply with the terms and
conditions of the State Stormwater Management Permit, you could be subject to
enforcement as called for in Section 143-215.6 of the North Carolina General Statutes. A
civil penalty (fine) of up to $25,000 per violation per day may be assessed for such
violations. Please respond in writing to this office within 15 days of receipt of this letter.
Should you fail to respond in writing this office may proceed to violation and enforcement
actions.
You were contacted via phone on December 12, 2007 regarding submittal requirements for
this project. To date no application has been submitted to this office. Please contact me at
[phone] if you have any questions or need clarification.
Sincerely,
Starr Silvis P.E. ` "'
Environmental Engineer
cc: ARO DWQ SWPS
Mr. Mark Ambtman, CDS 224-f South Grove Street, Hendersonville, NC 28792
John Hennessy, NPS-ACO
Central Files
l

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
91,;
Asheville Regional Office
SURFACE WATER PROTECTION
December 20, 2007
Fred Baker
Town Of Waynesville
PO Box C-100
Waynesville NC 28786
SUBJECT: Compliance Evaluation Inspection
Waynesville WWTP
Permit No: NCO025321
Haywood County
Dear Mr. Baker:
Enclosed please find a copy of the Compliance Evaluation Inspection Report for
the inspection conducted on December 6, 2007. Don Price and I of the Asheville
Regional Office conducted the Compliance Evaluation Inspection. The facility was found
to be in Compliance with permit NC0025321. Please pay particular attention to the
comments in the summary section of the Report.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff has any questions, please do not hesitate to contact me at
296-4500.
Sincerel
Keith Hayn s
Environmental Senior Specialist
Enclosure
cc: David Smith, ORC
Central Files
Asheville Files
One
NorthCarolina
Naturally
2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:[phone] Fax:[phone] Customer Service 1 877 623-6748

United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460
OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 151 31 N00025321 111 1211 07/12/06 117 181 CI 191 SI 201 I
Remarks
211IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII6
Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved----------------------
67I 169 701 I 711 I 72 I N I 73 14 174 711 ( I I 1 I I 180
Section B: Facility Data I—L_l
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)
10:30 AM 07/12/06 06/06/01
Waynesville WWTP
300 Walnut Trl Exit Time/Date Permit Expiration Date
Waynesville NC 28786 12:15 PM 07/12/06 11/01/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
David Smith/ORC/828-452-4685/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Frederick L Baker,PO Box C-100 Waynesville NC 28786//704-456-4410/
No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit i Operations&Maintenance ®Facility Site Review ■Effluent/Receiving Waters
Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers / Date
'7 n �7
Keith Haynes — ARO WQ//828-296-4500/
Don Price Point Source Branch//828-296-4500/
!Z-70- 47
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
t
Roger C Edwards ARO WQ//828-296-4500/ JCr ZoZr
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type
3I NC0025321 I11 121 07/12/06 117 18IC'
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
The Town should continue to monitor the problems with the secondary clarifiers. If the foaming problem
persists, consideration should be given to requesting Technical Assistance from this Office. It is also
recommended that the discharge at the river be watched in order to determine if the unusual appearance is
due to low flows in the river or due to the addition of sulphur dioxide to the effluent.
Page# 2

Permit: NCO025321 Owner-Facility: Waynesville WWTP
,pection Date: 12/06/2007 Inspection Type: Compliance Evaluation
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n n n
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge ■ n n n
Judge,and other that are applicable?
Comment:
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n
Is the facility as described in the permit? ■ ❑ ❑ n
#Are there any special conditions for the permit? ❑ n ■ n
Is access to the plant site restricted to the general public? ■ ❑ ❑ n
Is the inspector granted access to all areas for inspection? ■ n n n
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual n
b.Mechanical ■
Are the bars adequately screening debris? ■ n n n
Is the screen free of excessive debris? ■ n ❑ ❑
Is disposal of screening in compliance? ■ n n n
Is the unit in good condition? ■ n n n
Comment:
Grit Removal Yes No NA NE
Type of grit removal
a.Manual In
b.Mechanical ■
Is the grit free of excessive organic matter? ■ n n
Is the grit free of excessive odor? ■ n n n
#Is disposal of grit in compliance? ■ ❑ ❑ ❑
Comment:
Primary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ n
Page# 3

Permit: NCO025321 Owner-Facility: Waynesville WWTP
Inspection Date: 12/06/2007 Inspection Type: Compliance Evaluation
Primary Clarifier Yes No NA NE
Is the site free of excessive buildup of solids in center well of circular clarifier? ■ n n n
Are weirs level? ■ n n n
Is the site free of weir blockage? ■ n n n
Is the site free of evidence of short-circuiting? n ■ n n
Is scum removal adequate? ■ n n n
Is the site free of excessive floating sludge? ■ ❑ ❑ n
Is the drive unit operational? ■ ❑ n n
Is the sludge blanket level acceptable? n n n ■
Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) n n n ■
Comment: Settling and low flows has attributed to uneven flow over the weirs
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ n n n
Are surface aerators and mixers operational? ■ n n n
Are the diffusers operational? ■ n n n
Is the foam the proper color for the treatment process? ■ n n n
Does the foam cover less than 25%of the basin's surface? ■ n n
171
Is the DO level acceptable? ■ n n n
Is the DO level acceptable?(1.0 to 3.0 mg/1) n ■ n n
Comment: Only one of the four aeration basins is currently in use as an aeration
basin. DO was slightly elevated; however, Mr. Smith cut back on the blowers.
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ n n n
Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ■ n
Are weirs level? ■ n n n
Is the site free of weir blockage? n ■ n n
Is the site free of evidence of short-circuiting? n ■ n n
Is scum removal adequate? n ■ n n
Is the site free of excessive floating sludge? n ■ n n
Page# 4

Permit: NCO025321 Owner-Facility: Waynesville WWTP
>pection Date: 12/06/2007 Inspection Type: Compliance Evaluation
Secondary Clarifier Yes No NA NE
Is the drive unit operational? ■ n n f_1
Is the return rate acceptable(low turbulence)? ■ ❑ n n
Is the overflow clear of excessive solids/pin floc? ❑ ■ n n
Is the sludge blanket level acceptable? (Approximately%of the sidewall depth) ■ ❑ In n
Comment: The facility was experiencing problems with settling in the clarifiers. The
surface was covered in scum. Plant personnel were trying to determine the cause of
the problem. It may be prudent for the Town to request technical assistance from the
Asheville Regioinal Office.
Disinfection-Gas Yes No NA NE
Are cylinders secured adequately? ■ ❑ ❑ n
Are cylinders protected from direct sunlight? ■ n n n
Is there adequate reserve supply of disinfectant? ■ n n n
Is the level of chlorine residual acceptable? ❑ ❑ ❑ ■
Is the contact chamber free of growth,or sludge buildup? ■ n n n
Is there chlorine residual prior to de-chlorination? ❑ In n ■
Does the Stationary Source have more than 2500 Ibs of Chlorine(CAS No.7782-50-5)? ■ n n n
If yes,then is there a Risk Management Plan on site? ■ ❑ n In
If yes,then what is the EPA twelve digit ID Number?(1000 ) 1000-0014-1697
If yes,then when was the RMP last updated?
Comment:
De-chlorination Yes No NA NE
Type of system? Gas
Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ ■ n n
Is storage appropriate for cylinders? ■ ❑ ❑ ❑
#Is de-chlorination substance stored away from chlorine containers? ■ ❑ n
Are the tablets the proper size and type? n n ■ El
Comment: Ratioi of 1 to 1 will not adequately dechlorinate
Are tablet de-chlorinators operational? ❑ ❑ ■ ❑
Number of tubes in use? 0
Comment: None
Effluent Pipe Yes No NA NE
Page# 5

Permit: NC0025321 Owner-Facility: Waynesville WWTP
Inspection Date: 12/06/2007 Inspection Type: Compliance Evaluation
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ ❑ n n
Are the receiving water free of foam other than trace amounts and other debris? 00 n n
If effluent (diffuser pipes are required) are they operating properly? n ❑ ■ ❑
Comment: The receiving stream at the point of the discharge did have a small amount
of foam and appeared to be grey in color.
Page# 6

A � Michael F.Easley,Governor
G William G.Ross Jr.,Secretary
1�- North Carolina Department of Environment and Natural Resources
QColeen H.Sullins,Director
Division of Water Quality
December 20, 2007
Mr. Bill Keenan
The Ridge at Glen Cannon LLC
5800 Asheville Highway
Pisgah Forest, NC 28768
Subject: REQUEST FOR NOTIFICATION
The Ridge at Glen Cannon
Transylvania County
Dear Mr. Keenan:
On August 13, 2007, the Asheville Regional Office received a copy of a Sedimentation and
Erosion Control Plan for Grouse Ridge. State regulations 15A NCAC 2H.1000 require any
project that is required to obtain either an Sedimentation and Erosion Control Plan approval or
a CAMA Major Permit and which meet any of the following criteria:
(1) development activities draining to Outstanding Resource Waters (ORW) as defined
in 15A NCAC 2B .0225;
or
(2) development activities within one mile of and draining to High ,Quality Waters
(HQW) as defined in 15A NCAC 2B .0101(e)(5).
to apply for a State Stormwater Management Permit. We have received notice that the subject
project is located in either an HWQ or an ORW area. In order to determine if a State
Stormwater Management Permit will be required for this project, the classification of and
distance of the project from the receiving waters must be verified by this Office. Please return
the attached classification request form with a copy of a portion of the USGS quad sheet with
the project and the closest downslope named receiving waters clearly noted.
A Stormwater Management Permit Application, fee, and supporting information will be required
if this project is either draining to an Outstanding Resource Water or is within 1 mile of and
draining to a High Quality Water. Projects that drain to Water Supply Watersheds must be
reviewed by the local governing authority for compliance.
Please note that the project may not begin until the State Stormwater Management Permit has
been issued. Also, be advised that there is a 90-day processing period that begins upon
receipt of a complete application per 15A NCAC 02H.1009 and G.S. 143-215.1.
NAhCarolina
�aturallr�
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www..ncwaterqualiV.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer-50%Recycled110%Post Consumer Paper
G:IWPDATAIDEMWQ1TransylvanialStormwater ManagmentlThe Ridge at Glen Cannon Request.doc

Mr. Bill Keenan `
December 20, 2007 Page 2 of 2
This letter is also meant to advise you that should you fail to comply with the terms and
conditions of the State Stormwater Management Permit, you could be subject to
enforcement as called for in Section 143-215.6 of the North Carolina General Statutes. A
civil penalty (fine) of up to $25,000 per violation per day may be assessed for such
violations. Please respond in writing to this office within 15 days of receipt of this letter.
Should you fail to respond in writing this office may proceed to violation and enforcement
actions.
You were contacted via phone on December 12, 2007 regarding submittal requirements for
this project. To date no application has been submitted to this office. Please contact me at
[phone] if you have any questions or need clarification.
Sincerely,
�J'
")
Stair Silvis, P.E.
Environmental Engineer
cc: ARO DWQ SWPS
Luther E. Smith &Associates, P.A.
John Hennessy, NPS-ACO
Central Files
�i

a la T � Michael F.Easley,Governor
William G.Ross Jr.,Secretary
DUG
North Carolina Department of Environment and Natural Resources
C� S Coleen H.Sullins,Director
Division of Water Quality
December 20, 2007
Mr. Sam Greenwood, County Manager
Macon County
5 West Main Street
Franklin, NC 28734
Subject: REQUEST FOR NOTIFICATION
The Ridge at Glen Cannon
Transylvania County
Dear Mr. Keenan:
On October 10, 2007, the Asheville Regional Office received a copy of a Sedimentation and
Erosion Control Plan for the Macon County Transfer Station. State regulations 15A NCAC
2H.1000 require any project that is required to obtain either an Sedimentation and Erosion
Control Plan approval or a CAMA Major Permit and which meet any of the following criteria:
(1) development activities draining to Outstanding Resource Waters (ORW) as defined
in 15A NCAC 2B .0225;
or
(2) development activities within one mile of and draining to High Quality Waters
(HQW) as defined in 15A NCAC 2B .0101(e)(5).
to apply for a State Stormwater Management Permit. We have received notice that the subject
project is located in either an HWQ or an ORW area. In order to determine if a State
Stormwater Management Permit will be required for this project, the classification of and
distance of the project from the receiving waters must be verified by this Office. Please return
the attached classification request form with a copy of a portion of the USGS quad sheet with
the project and the closest downslope named receiving waters clearly noted.
A Stormwater Management Permit Application, fee, and supporting information will be required
if this project is either draining to an Outstanding Resource Water or is within 1 mile of and
draining to a High Quality Water. Projects that drain to Water Supply Watersheds must be
reviewed by the local governing authority for compliance.
Please note that the project may not begin until the State Stormwater Management Permit has
been issued. Also, be advised that there is a 90-day processing period that begins upon
receipt of a complete application per 15A NCAC 02H.1009 and G.S. 143-215.1.
NoAhCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper
G:IWPDATAIDEMWQIMaconlStormwater ManagementlMacon County Transfer Station Request.doc

Mr. Sam Greenwood
December 20, 2007 Page 2 of 2
This letter is also meant to advise you that should you fail to comply with the terms and
conditions of the State Stormwater Management Permit, you could be subject to
enforcement as called for in Section 143-215.6 of the North Carolina General Statutes. A
civil penalty (fine) of up to $25,000 per violation per day may be assessed for such
violations. Please respond in writing to this office within 15 days of receipt of this letter.
Should you fail to respond in writing this office may proceed to violation and enforcement
actions.
You were contacted via phone on December 12, 2007 regarding submittal requirements for
this project. To date no application has been submitted to this office. Please contact me at
[phone] if you have any questions or need clarification.
Sincerely,
Starr Silvis, P.E.
Environmental Engineer
cc: ARO DWQ SWPS
Mr. Jeffrey Bishop, McGill Associates
John Hennessy, NPS-ACO
Central Files

Michael F.Easley,Governor
yWilliam G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
C' C Coleen H.Sullins,Director
Division of Water Quality
December 20, 2007
Mr. Hugh Fields
F Development Company, LLC
PO Box 56
Linville, NC 28646
Subject: REQUEST FOR NOTIFICATION
Grandfather Center Mixed Use
Caldwell County
Dear Mr. Fields:
On May 9, 2007, the Asheville Regional Office received a copy of a Sedimentation and Erosion
Control Plan for Evan's Property. State regulations 15A NCAC 2H.1000 require any project that
is required to obtain either an Sedimentation and Erosion Control Plan approval or a CAMA
Major Permit and which meet any of the following criteria:
(1) development activities draining to Outstanding Resource Waters (ORW) as defined
in 15A NCAC 2B .0225;
or
(2) development activities within one mile of and draining to High Quality Waters
(HQW) as defined in 15A NCAC 2B .0101(e)(5).
to apply for a State Stormwater Management Permit. We have received notice that the subject
project is located in either an HWQ or an ORW area. In order to determine if a State
Stormwater Management Permit will be required for this project, the classification of and
distance of the project from the receiving waters must be verified by this Office. Please return
the attached classification request form with a copy of a portion of the USGS quad sheet with
the project and the closest downslope named receiving waters clearly noted.
A Stormwater Management Permit Application, fee, and supporting information will be required
if this project is either draining to an Outstanding Resource Water or is within 1 mile of and
draining to a High Quality Water. Projects that drain to Water Supply Watersheds must be
reviewed by the local governing authority for compliance.
Please note that the project may not begin until the State Stormwater Management Permit has
been issued. Also, be advised that there is a 90-day processing period that begins upon
receipt of a complete application per 15A NCAC 02H.1009 and G.S. 143-215.1.
NorthCarolina
Na&rally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper
G:IWPDATAIDEMWQ1AverylStormwater ManagementlGrandfater Center Request.doc

Mr. Hugh Fields
December 20, 2007 Page 2 of 2
This letter is also meant to advise you that should you fail to comply with the terms and
conditions of the State Stormwater Management Permit, you could be subject to
enforcement as called for in Section 143-215.6 of the North Carolina General Statutes. A
civil penalty (fine) of up to $25,000 per violation per day may be assessed for such
violations. Please respond in writing to this office within 15 days of receipt of this letter.
Should you fail to respond in writing this office may proceed to violation and enforcement
actions.
We have been in contact with your consultant Mr. Eric Thomley multiple times since June 2007
regarding submittal requirements for this project. To date no application has been submitted
to this office. Please contact me at [phone] if you have any questions or need
clarification.
Sincerely,
r r
Starr Silvis, P.E.
Environmental Engineer
cc: ARO DWQ SWPS
Mr. Eric Thomley, P.E., Municipal Engineering Services Company, PO Box 349,
Boone NC 28607
John Hennessy, NPS-ACO
Central Files

'ATE
9� Michael F.Easley,Governor
DAG)PWilliam G.Ross Jr.,Secretary
r North Carolina Department of Environment and Natural Resources
C� C Coleen H.Sullins,Director
Division of Water Quality
December 20, 2007
Jon Finstrom
ReMax Properties
1323 Gasparilla Drive
Fort Myers, FL 33901
Subject: REQUEST FOR NOTIFICATION
52 Acre Residential Community, Lake Toxaway
Transylvania County
Dear Mr. Finstrom:
On May 9, 2007, the Asheville Regional Office received a copy of a Sedimentation and Erosion
Control Plan for The 52 Acre Residential Community. State regulations 15A NCAC 2H.1000
require any project that is required to obtain either an Sedimentation and Erosion Control Plan
approval or a CAMA Major Permit and which meet any of the following criteria:
(1) development activities draining to Outstanding Resource Waters (ORW) as defined
in 15A NCAC 2B .0225;
or
(2) development activities within one mile of and draining to High Quality Waters
(HQW) as defined in 15A NCAC 2B .0101(e)(5).
to apply for a State Stormwater Management Permit. We have received notice that the subject
project is located in either an HWQ or an ORW area. In order to determine if a State
Stormwater Management Permit will be required for this project, the classification of and
distance of the project from the receiving waters must be verified by this Office. Please return
the attached classification request form with a copy of a portion of the USGS quad sheet with
the project and the closest downslope named receiving waters clearly noted.
A Stormwater Management Permit Application, fee, and supporting information will be required
if this project is either draining to an Outstanding Resource Water or is within 1 mile of and
draining to a High Quality Water. Projects that drain to Water Supply Watersheds must be
reviewed by the local governing authority for compliance.
Please note that the project may not begin until the State Stormwater Management Permit has
been issued. Also, be advised that there is a 90-day processing period that begins upon
receipt of a complete application per 15A NCAC 02H.1009 and G.S. 143-215.1.
f" NorthCarolina
�atur�rllr�
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper
G:\WPDATA\DEMWQ\Transylvania\Stormwater Managment\53 Acre Res Lake Toxaway request.doc

Mr. Jon Finstrom
December 20, 2007 Page 2 of 2
This letter is also meant to advise you that should you fail to comply with the terms and
conditions of the State Stormwater Management Permit," you could be subject to
enforcement as called for in Section 143-215.6 of the North Carolina General Statutes. A
civil penalty (fine) of up to $25,000 per violation per day may be assessed for such
violations. Please respond in writing to this office within 15 days of receipt of this letter.
Should you fail .to respond in writing this office may proceed to violation and enforcement
actions.
You and/or your engineer were contacted via phone on July 18, 2007, July 19, 2007, and again
on December 12, 2007 regarding submittal requirements for this project. To date no
application has been submitted to this office. Please contact me at [phone] if you have
any questions or need clarification.
Sincerely,
Starr Silvis, P E--ram`
Environmental Engineer
cc: ARO DWQ SWPS
Ms. Rebecca Johnson, McGill Associates, P.E.
John Hennessy, NPS-ACO
Central Files

� RQ Michael F.Easley,Governor
yWilliam G.Ross Jr.,Secretary
Un�
s North Carolina Department of Environment and Natural Resources
-I
© S Coleen H.Sullins,Director
Division of Water Quality
December 20, 2007
Mr. William Ferrell
618 Brookshire Boulevard
Charlotte, NC 28216
Subject: REQUEST FOR NOTIFICATION
LBA Properties Road
Burke County
Dear Mr. Ferrell:
On June 15, 2007, the Asheville Regional Office received a copy of a Sedimentation and
Erosion Control Plan for LBA Properties. State regulations 15A NCAC 2H.1000 require any
project that is required to obtain either an Sedimentation and Erosion Control Plan approval or
a CAMA Major Permit and which meet any of the following criteria:
(1) development activities draining to Outstanding Resource Waters (ORW) as defined
in 15A NCAC 2B .0225;
or
(2) development activities within one mile of and draining to High Quality Waters
(HQW) as defined in 15A NCAC 2B .0101(e)(5).
to apply for a State Stormwater Management Permit. We have received notice that the subject
project is located in either an HWQ or an ORW area. In order to determine if a State
Stormwater Management Permit will be required for this project, the classification of and
distance of the project from the receiving waters must be verified by this Office. Please return
the attached classification request form with a copy of a portion of the USGS quad sheet with
the project and the closest downslope named receiving waters clearly noted.
A Stormwater Management Permit Application, fee, and supporting information will be required
if this project is either draining to an Outstanding Resource Water or is within 1 mile of and
draining to a High Quality Water. Projects that drain to Water Supply Watersheds must be
reviewed by the local governing authority for compliance.
Please note that the project may not begin until the State Stormwater Management Permit has
been issued. Also, be advised that there is a 90-day processing period that begins upon
receipt of a complete application per 15A NCAC 02H.1009 and G.S. 143-215.1.
NorthCarolina
lvaturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28 778 Phone[phone] Customer Service
Internet: www,.ncwaterqual4.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper
G:IWPDATAIDEMWQ1StormwaterlStormwater ManagementlORWHQW notification.doc

Mr.William Ferrell
December 20, 2007 Page 2 of 2 ,
This letter is also meant to advise you that should you fail to comply with the terms and
conditions of the State Stormwater Management Permit, you could be subject to
enforcement as called for in Section 143-215.6 of the North Carolina General Statutes. A
civil penalty (fine) of up to $25,000 per violation per day may be assessed for such
violations. Please respond in writing to this office within 15 days of receipt of this letter.
Should you fail to respond in writing this office may proceed to violation and enforcement
actions.
You were contacted via phone on June 26, 2007, June 29, 2007, and again via e-mail on July
16, 2007 regarding submittal requirements for this project. To date no application has been
submitted to this office. Please contact me at [phone] if you have any questions or
need clarification.
Sincerely,
Starr Silvis, P.E.
Environmental Engineer
cc: ARO DWQ SWPS
Mr. K. Lee Gragg, P.E.
John Hennessy, NPS-ACO
Central Files

A T, � Michael F.Easley,Governor
William G.Ross Jr.,Secretary
fp North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
December 20, 2007
Mr. Gregory Cairns
PO Box 10466
Hickory NC 28603
Subject: REQUEST FOR NOTIFICATION
Walker Valley
Burke County
Dear Mr. Cairns:
On June 13, 2007, the Asheville Regional Office received a copy of a Sedimentation and
Erosion Control Plan for Walker Valley. State regulations 15A NCAC 2H.1000 require any
project that is required to obtain either an Sedimentation and Erosion Control Plan approval or
a CAMA Major Permit and which meet any of the following criteria:
(1) development activities draining to Outstanding Resource Waters (ORW) as defined
in 15A NCAC 2B .0225;
or
(2) development activities within one mile of and draining to High Quality Waters
(HQW) as defined in 15A NCAC 2B .0101(e)(5).
to apply for a State Stormwater Management Permit. We have received notice that the subject
project is located in either an HWQ or an ORW area. In order to determine if a State
Stormwater Management Permit will be required for this project, the classification of and
distance of the project from the receiving waters must be verified by this Office. Please return
the attached classification request form with a copy of a portion of the USGS quad sheet with
the project and the closest downslope named receiving waters clearly noted.
A Stormwater Management Permit Application, fee, and supporting information will be required
if this project is either draining to an Outstanding Resource Water or is within 1 mile of and
draining to a High Quality Water. Projects that drain to Water Supply Watersheds must be
reviewed by the local governing authority for compliance.
Please note that the project may not begin until the State Stormwater Management Permit has
been issued. Also, be advised that there is a 90-day processing period that begins upon
receipt of a complete application per 15A NCAC 02H.1009 and G.S. 143-215.1.
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www.,ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper
G:1WPDATAIDEMWQ1BurkelStormwater ManagmentlWalker Valley Request.doc

Mr. Gregory Cairns
December 20, 2007 Page 2 of 2,,,
This letter is also meant to advise you that should you fail to comply with the terms and
conditions of the State Stormwater Management Permit, you could be subject to
enforcement as called for in Section 143-215.6 of the North Carolina General Statutes. A
civil penalty (fine) of up to $25,000 per violation per day may be assessed for such
violations. Please respond in writing to this office within 15 days of receipt of this letter.
Should you fail to respond in writing this office may proceed to violation and enforcement
actions.
You were contacted via email on June 8, 2007, and again via phone on December 12, 2007
regarding submittal requirements for this project. To date no application has been submitted
to this office. Please contact me at [phone] if you have any questions or need
clarification.
Sincerely,
Starr Silvis, P.E.
Environmental Engineer
cc: ARO DWQ SWPS
Mr. K. Lee Gragg, P.E.
John Hennessy, NPS-ACO
Central Files

Michael F.Easley,Governor
yWilliam G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
`C Coleen H.Sullins,Director
Division of Water Quality
December 20, 2007
Mr. Jonathan Evans
11 Nursery Road
Melville, NY 11747
Subject: REQUEST FOR NOTIFICATION
Evan's Property
Caldwell County
Dear Mr. Evans:
On August 16, 2007, the Asheville Regional Office received a copy .of a Sedimentation and
Erosion Control Plan for Evan's Property. State regulations 15A NCAC 2H.1000 require any
project that is required to obtain either an Sedimentation and Erosion Control Plan approval or
a CAMA Major Permit and which meet any of the following criteria:
(1) development activities draining to Outstanding Resource Waters (ORW) as defined
in 15A NCAC 2B .0225;
or
(2) development activities within one mile of and draining to High Quality Waters
(HQW) as defined in 15A NCAC 2B .0101(e)(5).
to apply for a State Stormwater Management Permit. We have received notice that the subject
project is located in either an. HWQ or an ORW area. In order to determine if a State
Stormwater Management Permit will be required for this project, the classification of and
distance of the project from the receiving waters must be verified by this Office. Please return
the attached classification request form with a copy of a portion of the USGS quad sheet with
the project and the closest downslope named receiving waters clearly noted.
A Stormwater Management Permit Application, fee, and supporting information will be required
if this project is either draining to an Outstanding Resource Water or is within 1 mile of and
draining to a High Quality Water. Projects that drain to Water Supply Watersheds must be
reviewed by the local governing authority for compliance.
Please note that the project may not begin until the State Stormwater Management Permit has
been issued. Also, be advised that there is a 90-day processing period that begins upon
receipt of a complete application per 15A NCAC 02H.1009 and G.S. 143-215.1.
No hCarolina
ldturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone] 1-877-623-6748
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G:\WPDATA\DEMWO\Caldwell\stormwater Management\Evan's Property Request.doc

Mr. Jonathan Evans
December 20, 2007 Page 2 of 2
This letter is also meant to advise you that should you fail to comply with the terms and
conditions of the State Stormwater Management Permit, you could be subject to
enforcement as called for in Section 143-215.6 of the North Carolina General Statutes. A
civil penalty (fine) of up to $25,000 per violation per day may be assessed for such
violations. Please respond in writing to this office within 15 days of receipt of this letter.
Should you fail to respond in writing this office may proceed to violation and enforcement
actions.
You were contacted via phone on December 12, 2007 regarding submittal requirements for
this project. To date no application has been submitted to this office. Please contact me at
[phone] if you have any questions or need clarification.
Sincerely,
Starr Silvis, P.E.
Environmental Engineer
cc: ARO DWQ SWPS
Mr. K. Lee Gragg, P.E.
John Hennessy, NPS-ACO
Central Files
f

A Michael F.Easley,Governor
� G William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
t Coleen H.Sullins,Director
Division of Water Quality
December 20, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 7064 2325
Mr. Rod Hubbard
Presbyterian Home for Children
80 Eden Lake Road
Black Mountain, North Carolina 28711
Subject: Fast-Track Application Return
Presbyterian Home for Children
Buncombe County
Dear Mr. Hubbard:
Attached herewith is the Fast-Track Sewer Application which you submitted seeking
permission to construct a sewer system to serve the Presbyterian Home for Children. The
application is being returned for the following reason:
(1) 1 understand that you are not an officer with the Presbyterian Home for Children.
The Application needs to be signed by an officer of the Presbyterian Home for
Children having the rank of at least Vice-President. This requires the modification of
line A 1.b and D 1.
I look forward to receiving a completed application. Please do not hesitate to call me at
828/296-4659 should you wish to discuss this matter.
Sincerely,
Roy M. Davis
Environmental Engineer
cc: Shawn M. Lynch, PE
Application Return-Presbyterian Home
MSD Collection System
None
rthCarolina
,Vatmrally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone]
Internet: www.ncwaterquality.org Customer Service 1-877-623-6748 FAX [phone]
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

���
r-�

ATp-h� Michael F. Easley, Governor
J � t� William G. Ross Jr., Secretary
' North Carolina Department of Environment and Natural Resources
> ; Coleen H. Sullins, Director
G � Division of Water Quality
°, .
m_ Asheville
December 21, 2007
Mr. Lee Smith, Director
Water& Sewer Department
City of Hendersonville
305 Williams Street
Hendersonville, North Carolina 28792
Subject: Permit No. WQ0032567
City of Hendersonville
Lake Pointe Landing
Wastewater Collection System Extension
Henderson County
Dear Mr. Smith:
In accordance with your application received on December 13, 2007, we are forwarding
herewith Permit No. WQ0032567 dated December 21, 2007, to the City of Hendersonville for the
construction and operation of the subject wastewater collection system extension. This permit shall be
effective from the date of issuance until rescinded and shall be subject to the conditions and limitations
as specified therein. This cover letter shall be considered a part of this permit and is incorporated
therein by reference. Please send Roy Davis a copy of the contractor's " notice to proceed"for this
project.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any
individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T .0200; 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.
y Asheville Regional Office Internet www.ncwaterquality.org
2090 US Highway 70, Swannanoa, NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

City of Hendersonville December 21, 2007
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to the City of Hendersonville for the construction and operation of approximately 185 linear feet
of 8-inch diameter gravity sewer to serve Lake Pointe Landing, a 101 unit apartment complex, and the
discharge of 22,320 gallons per day of additional wastewater into the City of Hendersonville's existing
sewerage system, pursuant to the application received on December 13, 2007 in conformity with 15A
NCAC 2T .0200; 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 wastewater collected by this system shall be treated in the City of Hendersonville's
Wastewater Treatment Facility (Permit No. NC0025534) prior to being discharged into Mud Creek in
the French Broad River Basin.
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 Roy Davis at (828) \
296-4500.
Sincerely,
for Coleen H. Sullins, Director
Division of Water Quality
cc: Henderson County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0025534)
Surface Water Protection Central Files
Tom Jones, PE
PERCS Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
CITY OF HENDERSONVILLE
LAKE POINTE LANDING
HENDERSON COUNTY
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT NUMBER WQ0032567
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 213 .0506(a), and public notice shall be provided as required by
North Carolina General Statute §143-215.1 C.
1

Permit No. WQ0032567. City of Hendersonville. Lake Pointe Landing, Henderson County. December 21, .
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 .0200; 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 .0200; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 2B .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
2

o. WQ0032567, City of Hendersonville. Lake Pointe Landing, Henderson County. December 21 2007
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [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 21st day of December, 2007
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for tolaen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0032567
3

Permit No WQ0062567 City of Hendersonville Lake Pointe Landing, Henderson County. December i-
ENGINEERING CERTIFICATION — POST CONSTRUCTION
System Description: 185 linear feet of 8-inch diameter gravity sewer
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.
ENGINEERS CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T .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.
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.

Michael F.Easley,Governor
QG William G.Ross Jr.,Secretary
LKlam- North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
SURFACE WATER PROTECTION SECTION
December 13, 2007
SECOND MAILING 12/21/2007 DWQ Project# 07-1889
RETURN RECEIPT # 7006 3450 0002 7064 1519 Rutherford County
CERTIFIED MAIL
RETURN RECEIPT REQUESTED — 7006 3450 0002 7064 2286
Michael R. and Linda L. Bly
145 Blalock Road
Boiling Springs, South Carolina 29316
Subject Property: Linda's Place
Rutherford County
REQUEST FOR MORE INFORMATION
Dear Mr. and Mrs. Bly:
On November 7, 2007, the NC Division of Water Quality received your application for
stream impacts with respect to your proposed mining in the Second Broad River. Based
on our review of your submitted application, the DWQ has determined that your
application was incomplete and/or provided inaccurate information as discussed below.
The DWQ will require additional information in order to process your application to
impact protected wetlands and/or streams on the subject property. Therefore, unless
we receive the additional information requested below, we will have to move toward
denial of your application as required by 15A NCAC 2H .0506 and will place this project
on hold as incomplete until we receive this additional information. Please provide the
following information so that we may continue to review your project.
Additional Information Requested:
1. 15A NCAC 02H 0506 (f) requires that "a lack of practical alternatives" be
demonstrated. No discussion in regards to mining the project without directly
impacting the aquatic resource has been presented. A discussion regarding
practical alternatives with respect to a reduction or avoiding of impacts must be
presented.
NNo e hCarolma
atural!
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Asheville Regional Office Internet:: www.ncwatergualitv.org FAX[phone] 1-877-623-6748
An Equal OpportunitylAffirmative Action Employer—50%Recycledl10%Post Consumer Paper

December
2. Application Item III. requires a detailed site plan showing property boundaries and
development plans in relation to surrounding properties. The included plans do note
show the proposed development and lot locations.
3. Application Item 111. 10. requests a description of the overall project. Your
submitted application details the impacts related to this activity as being "minor
and temporary." The submitted floating dredge (Keene 6 Inch Dredge) data
sheet states that "increased suction power will pull rocks from over a foot away
and move a tremendous amount of material." You must explain how this amount
of substrate disturbance is "minimal and temporary" to aquatic benthos.
Additionally, you must explain / demonstrate how you will not violate state
turbidity standards during the operation of the dredge (50 ntu).
4. Application Item XI. requests a stormwater management description for the entire
development, for the life of the proposed activity. You application provides no
discussion as to how stormwater will be managed.
Please respond before the close of business on January 14, 2008 by sending four
copies of this information to the 401 Permitting Unit at:
Mrs. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
and a single copy to the Asheville Regional Office at:
Kevin Barnett
Surface Water Protection Section
2090 US HWY 70
Swannanoa, NC 28778
If we do not hear from you before January 14, 2008, we will assume that you no longer
want to pursue this project and we will consider the project as withdrawn.

Linda's Place
Page 3of 3
December 13,2007
nis letter only addresses the 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 Mr.
Kevin Barnett at 828-296-4657 if you have any questions regarding or would like to set
up a meeting to discuss this matter.
Sincerely,
Roger C. Edwards, Regional Supervisor
Division of Water Quality
Surface Water Protection Section
RC E/khb
cc: USACE Asheville Regulatory Field Office
David McHenry, Wildlife Resources Commission
Cyndi Karoly, 401 /Wetlands Unit
File Copy
Central Files
Filename: 07-1889.LindasPlace.Add-Info

V?tA Michael F. Easley, Governor
w ' G William G. Ross Jr., Secretary
J North Carolina Department of Environment and Natural Resources
> { Coleen H. Sullins, Director
fl �� Division of Water Quality
Asheville
December 21, 2007
Mr. Lee Smith, Director
Water & Sewer Department
City of Hendersonville
305 Williams Street
Hendersonville, North Carolina 28792
Subject: Permit No. WQ0032568
City of Hendersonville
Carolina Village Building E &Assisted
Living
Wastewater Collection System Extension
Henderson County
Dear Mr. Smith:
In accordance with your application received on December 13, 2007, we are forwarding
herewith Permit No. WQ0032567 dated December 21, 2007, to the City of Hendersonville for the
construction and operation of the subject wastewater collection system extension. This permit shall be
effective from the date of issuance until rescinded and shall be subject to the conditions and limitations
as specified therein. This cover letter shall be considered a part of this permit and is incorporated
therein by reference. Please send Roy Davis a copy of the contractor's " notice to proceed"for this
project.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any
individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria
for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable,
unless specifically mentioned herein. Division approval is based on acceptance of the certification
provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the
Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria
and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute
§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection
facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board.
Asheville Regional Office Internet www.ncwaterquality.org
2090 US Highway 70, Swannanoa, NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

City of Hendersonville December 21, 2007 Page,
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended,and other applicable Laws, Rules, and Regulations, permission is hereby
granted to the City of Hendersonville for the construction and operation of approximately 1,450 linear
feet of 8-inch diameter gravity sewer to serve Carolina Village Building E &Assisted Living and the
discharge of 22,320 gallons per day of additional wastewater into the City of Hendersonville's existing
sewerage system, pursuant to the application received on December 13, 2007 in conformity with 15A
NCAC 2T .0200; 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 wastewater collected by this system shall be treated in the City of Hendersonville's
Wastewater Treatment Facility (Permit No. NC0025534) prior to being discharged into Mud Creek in
the French Broad River Basin.
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 Roy Davis at (828)
296-4500.
Sincerely,
for Cofeen H. Sullins, Director
Division of Water Quality
cc: Henderson County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0025534)
Surface Water Protection Central Files
Tom Jones, PE
PERCS Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
CITY OF HENDERSONVILLE
CAROLINA VILLAGE BUILDING E &ASSISTED LIVING
HENDERSON COUNTY
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT NUMBER WQ0032568
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 213 .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 Na WQ0032568 City of Hendersonville Carolina Village Building E & Assisted Living Hen&,
Dec. 21. 2007
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 .0200; 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 Permittr
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 .0200; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 2B .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
2

ao. WQ0032568. City of Hendersonville Carolina Village Building E & Assisted Living, Henderson Co
21. 2007
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [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 21 st day of December, 2007
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
A�
for of n H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0032568
3

Permit No WQ0032568 City of Hendersonville Carolina Village Building E &Assisted Living Henderson G.
Dec. 21. 2007
ENGINEERING CERTIFICATION — POST CONSTRUCTION
System Description: 1,450 linear feet of 8-inch diameter gravity sewer
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s) or storage greater than longest past three year outage reliability option selected)for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit, regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the above referenced
project for the Permittee hereby state that, to the best,of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T .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.
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.

{] Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
' ram y -
December 27, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 70641465
Mr. W. Lane Bailey, City Manager
City of Lenoir
Post Office Box 958
Lenoir, North Carolina 28645-0958
Subject: NOTICE OF VIOLATION with INTENT TO ENFORCE
Permit No. WQCS00035
City of Lenoir
Lenoir Collection System
Caldwell County
Dear Mr Bailey:
A review has been conducted of the City of Lenoir's Collection System Sanitary Sewer
Overflow (SSO) 5-Day Report. This review has shown the subject facility to be in
violation of the requirements found in the City of Lenoir's Collection System Permit
(WQCS00035) and/or G.S. 143-215.1(a)(1). The violation is described below:
NOV# Violation Location Cause Volume
Date
NOV-2007-DV-0348 12/11/2007 Meadow Street Force Main 16,000
Failure gal
A Civil Penalty against the City of Lenoir for this illegal discharge to the State's surface
waters is under consideration. It is standard practice within the Division of Water Quality
to inform units of government of our intention to inforce and allow that unit of
government the opportunity to provide any additional information regarding
circumstances surrounding the SSO, response to the SSO, and how the experience
gained will be used to reduce SSOs within the system. Please provide this information
within 15 days of receipt of this notice.
NorthCarolina
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet:wwwncwaterquality.org FAX [phone]

When reviewing 5-Day written reports for SSOs, this office requires information
regarding impacts or lack of impact of the SSO on the State's surface waters. I
encourage the City of Lenoir to do stream monitoring, both up and down stream of the
spill site, to demonstrate impacts. Monitoring should be for pH, dissolved oxygen
and/or fecal coliform and should occur while the spill is actually taking place.
This Office offers non-regulatory Technical Assistance to anyone experiencing
problems with wastewater treatment plants and/or collection systems. If you wish to
request such assistance, you should call Mr. Don Price with the Asheville Regional
Office at (828)-296-4500.
Should you have need to discuss any aspect of this Notice, I encourage you to contact
Roy Davis at 828-296-4659.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Division of Water Quality
Asheville Region
Cc: PERCS Unit
Surface Water Protection Section Central Files
Mack W. Edmisten, City of Lenoir
Don Price
Roy Davis

TIC
Michael F.Easley,Governor
G William G.Ross Jr.,Secretary
f�- North Carolina Department of Environment and Natural Resources
(� Coleen H.Sullins,Director
Division of Water Quality
December 27, 2007
G. Peter Jensen
Carolina Equipment
994 Charlotte Highway
Fairview,North Carolina 28730
Subject: Equipment Wash Wastewater
Dear Mr.Jensen:
This letter is follow-up to the site visit conducted at 994 Charlotte Highway on December 17, 2007.
Through a review of the applicable Division,of Water Quality rules and stream classifications and
consultation with other DWQ staff,the following has been determined:
■ The wash water you currently collect in the pit is considered an Industrial Wastewater.
■ The pit where the wastewater is collected may be considered an injection well,where the wastewater
is allowed to infiltrate the subsurface and thereby infiltrate the underlying groundwater.
■ The discharge of the collected wastewater to the storm water culvert may not continue.
■ Gap Creek,where the wastewater discharges, is classified as a Trout Water.
In consideration of the findings above, it is recommended that you immediately arrange for an alternative
method to handle the wastewater generated at your business. Continuance of the present conditions will
result in Notices of Violation being issued.
Proper disposal of the wastewater might be accomplished by containing the water for discharge to the
facility's septic system, if allowed by the Buncombe County Health Department. Additional options are also
likely available.
Please contact me at the phone number or address below within 30 days to inform me of your intentions or if
you have any questions or concerns in this matter.
The Aquifer Protection Section will conduct a follow-up site visit within six months regarding the disuse of
the wastewater pit.
Best regards,
Chuck Cranford
Environmental Specialist
CC: Landon Davidson—Aquifer Protection NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper

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�r WA7" Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
l r Coleen H.Sullins, Director
C3'> Division of Water Quality
Asheville Regional Office
December 27, 2007
Mr. Greg Edney, President
Northwest Property Group-Biltmore 1, LLC
1550 Hendersonville Road
Asheville, North Carolina 28803
Subject: Permit No. WQ0032569
Northwest Property Group-Biltmore 1. LLC
West Chapel Plaza
Wastewater Collection System Extension
Buncombe County
Dear Mr. Edney:
In accordance with your application received on December 5, 2007 we are forwarding herewith
Permit No. WQ0032569, dated December 27, 2007, to Northwest Property Group-Biltmore 1, LLC for
the construction and operation of the subject wastewater collection system extension. This permit shall
be effective from the date of issuance until rescinded, and shall be subject to the conditions and
limitations as specified therein. This cover letter shall be considered a part of this permit and is
incorporated therein by reference. Please send Roy Davis a copy of the "notice to proceed" issued to
your contractor for this collection system extension.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any
individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the
Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless
specifically mentioned herein. Division approval is based on acceptance of the certification provided by
the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's
responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules.
Failure to comply may result in penalties in accordance with North Carolina General Statute §143-
215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities,
and/or referral of the North Carolina-licensed Professional Engineer to the licensing board.
NoAhCarohna
Asheville Regional Office Internet www.ncwaterquality.org Naturally
2090 US Highway 70,Swannanoa,NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

Northwest Property Group-Biltmore 1, LLC December 27, 2007 Pag,
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 Northwest Property Group-Biltmore 1, LLC for the construction and operation of
approximately 327 linear feet of 6-inch diameter gravity sewer and approximately 187 linear feet of fl-
inch diameter gravity sewer to serve West Chapel Plaza, an office complex, and the discharge of
16,500 gallons per day of domestic wastewater into the Metropolitan Sewerage District of Buncombe
County's (MSD) existing sewerage system, pursuant to the application received on December 5, 2007
and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted
February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting
of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data
subsequently filed and approved by the Department of Environment and Natural Resources and
considered a part of this permit.
The sewage and wastewater collected by this system shall be treated in the MSD's Wastewater
Treatment Facility (Permit No. NC0024911) prior to being discharged into the receiving stream.
Construction of the subject wastewater collection system shall not commence until approval for
the construction and operation of these sewers has been obtained from the Metropolitan Sewerage
District of Buncombe County.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Roy Davis at (828)
296-4500.
Sincerely,
for Coreen H. Sullins, Director
Division of Water Quality
cc: Buncombe County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0024911)
Gene D. Hinkle, PE
MSD
Surface Water Protection Section Central Files
PERCS Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
NORTHWEST PROPERTY GROUP-BILTMORE 1, LLC
WEST CHAPEL PLAZA
BUNCOMBE COUNTY
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0032569
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 213 .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 213 .0506(a), and public notice shall be provided as required by
North Carolina General Statute §143-215.1 C.
1

Permit No WQ0032569 Northwest Property Group-Biltmore 1 LLC West Chapel Plaza Buncombe Cv,
4. This permit shall not be transferable. In the event there is a desire for the wastewater collectior,
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station
and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project
is to be completed in phases and partially certified, you shall retain the responsibility to track
further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 2B .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
2
-

6.WQ0032569. Northwest Property Group-Biltmore 1. LLC, West Chapel Plaza, Buncombe Co.. Dec. 27, 2007
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [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 27th day of December, 2007
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Col en H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0032569
3

Permit No WQ0032569 Northwest Property Group-Biltmore 1 LLC West Chapel Plaza Buncombe CoLL,
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description:
327 linear feet of 6-inch diameter gravity sewer and 187 linear feet of 8-inch diameter gravity sewer
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s)or storage greater than longest past three year outage reliability option selected)for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T; the Division of Water Quality's (Division)Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of
Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials.
North Carolina Professional Engineer's
seal, signature, and date:
........:............................................................................................
:
SEND THIS FORM &SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
................................................._.............:
The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.
J ,

.t J r,�q Michael F.Easley,Governor
` William G.Ross Jr.,Secretary
pNorth Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
December 28, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 70641472
Mr. Steve Rumsey, Manager
Cross Development, LLC
16475 North Dallas Parkway, Suite 550
Addison, Texas 75001
Subject: Fast-Track Application Return
North Hill Crossing
Caldwell County
Dear Mr. Rumsey:
Attached herewith is the Fast-Track Sewer Application which you submitted seeking
permission to construct a sewer system to serve North Hill Crossing in Caldwell County,
North Carolina. The application is being returned for the following reasons:
(1) By Act of the North Carolina General Assembly, effective September 1, 2007,
Fast-Track Permit processing fees were increased from $400 to $480. When
resubmitting the application please submit a single check made out to the North
Carolina Department of Environment and Natural Resources in the amount of
$480.
(2) Section A. 1 b indicates your title as Manager. Fast-Track Applications must be
signed by some one having a rank of vice-president or higher.
(3) Cross Development Lenoir, LP does not appear on the North Carolina Secretary of
State's web site as being registered to conduct business in the State of North
Carolina.
I look forward to receiving a completed application. Please do not hesitate to call me at
828/296-4659 should you wish to discuss this matter.
Sincerely,
Roy M. Davis
Environmental Engineer
cc: Harold J. Marvin, PE
Application Return-North Hill Crossing
MSD Collection System
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone]
Internet: www.newaterquality.org Customer Service 1-877-623-6748 FAX [phone]
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

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j Michael F.Easley,Governor
�Q William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
n - Division of Water Quality
w
December 31, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 7064 2349
Mr. Robert Boyette, City Manager
City of Marion
Post Office Drawer 700
Marion, North Carolina 28752-0700
Subject: NOTICE OF VIOLATION with INTENT TO ENFORCE
Permit No. WQCS00075
Incident # 200703533
City of Marion
Marion Collection System
McDowell County
Dear Mr Boyette:
A review has been conducted of the City of Marion's Collection System Sanitary Sewer
Overflow (SSO) 5-Day Report. This review has shown the subject facility to be in
violation of the requirements found in the City of Marion's Collection System Permit
(WQCS00075) and/or G.S. 143-215.1(a)(1). The violation is described below:
NOV# Violation Location Cause Volume
Date
NOV-2007-DV-0350 12/16/2007 East Court Street Grease 800 gal
A Civil Penalty against the City of Marion for this illegal discharge to the State's surface
waters is under consideration. It is standard practice within the Division of Water Quality
to inform units of government of our intention to enforce and allow that unit of
government the opportunity to provide any additional information regarding
circumstances surrounding the SSO, response to the SSO, and how the experience
gained will be used to reduce SSOs within the system. We are concerned that this is
the second overflow occurring at this location this year. Your response should address
inspection frequency of the East Court Street sewer. In our August 31, 2007 Collection ore
NorthCarolina a
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service � atitrally
Internet:wwwncwaterquality.org FAX [phone]

System Compliance Evaluation Inspection report cover letter, we stressed the
importance of management of FOG as they effect the City of Marion collection system.
Your response should address progress being made in this area. Please provide this
information within 15 days of receipt of this notice.
When reviewing 5-Day written reports for SSOs, this office requires information
regarding impacts or lack of impact of the SSO on the State's surface waters. I
encourage the City of Lenoir to do stream monitoring, both up and down stream of the
spill site, to demonstrate impacts. Monitoring should be for pH, dissolved oxygen
and/or fecal coliform and.should occur while the spill is actually taking place.
This Office offers non-regulatory Technical Assistance to anyone experiencing
problems with wastewater treatment plants and/or collection systems. If you wish to
request such assistance, you should call Mr. Don Price with the Asheville Regional
Office at (828)-296-4500.
Should you have need to discuss any aspect of this Notice, I encourage you to contact
Roy Davis at 828-296-4659.
Sincerely,
J
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Division of Water Quality
Asheville Region
Cc: PERCS Unit
Surface Water Protection Section Central Files
Steve Basney, City of Marion
Don Price
Roy Davis