DWR SWP Read File ArchiveDec. 2009

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 1, 2009
_John J. Williams
444 Charlotte Drive
Lake Lure,NC 28746
Subject: 401 Water Quality Certification - Approval
Seawall Repair
DWQ Project# 09-1071
Rutherford County
BRDO1 /Broad River (Lake Lure) / 9-(17) /B; Tr
Dear Mr. Williams:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
`'approval has been granted to place fill within or otherwise impact 0.004 acres of open waters for the purpose of
.:seawall repair and stabilization at the subject property.This approval requires you to follow the conditions
listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers(USAGE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including (but not limited to) Erosion and Sediment
Control and trout buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units)+DrawingPlan Location or Reference
Waters 0.004 (acres)
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCaf of lna
Internet:www.ncwaterquality.org
oahtralli,
An Equal Opportunity 1 Affirmative Action Emplover

John J.Williams
December 1,2009
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Chuck Cranford in the Asheville Regional Office at
828-296-4664.
Sincerely,
Coleen H. Sullins, Director
CHS/cbc
Enc: GC3693
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
G:\WPDATA\DEMWQ\Rutherford\401 s\Williams\09-1071_Approval_11-30-09.doc

AT, _NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 1, 2009
Werner and Patricia L. Maringer
1491 Memorial Highway
Lake Lure,NC 28746
Subject: Request for More Information
Maringer: Seawall—Retaining Wall & Dock
DWQ Project# 09-1157
Rutherford County
Response deadline: December 31, 2009
Dear Mr. and Ms. Maringer:
The Division of Water Quality (DWQ)has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced project. Additional information will be required in order to
`omplete the review process.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Please provide a completed sketch using the attached template, which indicates the dimensions
of the riprap to be installed.
2. Please provide pictures of the shoreline indicated to be in need of repair.
3. Rpprap placement will be required as described in the US Army Corps of Engineers General
(Regional) Permit 198200030:
• Riprap will be placed at the base of all bulkheads and will extend a maximum of three (3)
feet waterward on a 2:1 slope. All other fill material will be confined landward of
bulkheads.
Please plan your project accordingly.
Please provide your response in writing to the addresses below by December 31, 2009. One (1) copy of the
required information should be provided to the 401 Permitting Unit at:
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 011ie
Internet:www,ncwaterquality.org Noft lCalrohnd
quzr
An Equal Opportunity 1 Affirmative Action Employer

Werner and Patricia L.Maringer
December 1,2009
Page 2 of 2
Ms. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh,NC 27699-1650
and a single copy to the Asheville Regional Office at:
Chuck Cranford
Surface Water Protection Section
2090 US HWY 70
Swannanoa,NC 28778
If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and
we will consider the project withdrawn.
This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Chuck Cranford 828-296-4664, if you have any questions.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Cyndi Karoly - 401 Permitting Unit
ARO File copy
G:\WPDATA\DEMWQ\Rutherford\401s\Maringer\09-1157 AddInfo_12-1-09.doc

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 1, 2009
Sharon Folk
P.O. Box 1750
Greeneville, TN 37744
Subject: Request for More Information
Sharon Folk
DWQ Project# 09-1108
Rutherford County
Response deadline: December 31, 2009
Dear Ms. Folk:
The Division of Water Quality (DWQ) has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced project. Additional information will be required in order to
complete the review process.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Please provide a completed sketch using the attached template, which indicates the dimensions
of the riprap to be installed.
2. Please provide pictures of the seawall indicated to be in need of repair.
3. Riprap placement will be required as described in the US Army Corps of Engineers General
(Regional) Permit 198200030:
• Riprap will be placed at the base of all bulkheads and will extend a maximum of three (3)
feet waterward on a 2:1 slope. All other fill material will be confined landward of
bulkheads.
Please plan your project accordingly.
Please provide your response in writing to the addresses below by December 31, 2009. One (1) copy of the
required information should be provided to the 401 Permitting Unit at:
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 ofthCaro ilia
Internet:www.ncwaterquality.org NatmaAff
An Equal OPporlunity 1 Affirmative Action Employer

Sharon Folk
December 1,2009
Page 2 of 2
Ms. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh,NC 27699-1650
and a single copy to the Asheville Regional Office at:
Chuck Cranford
Surface Water Protection Section
2090 US HWY 70
Swannanoa,NC 28778
If we do not hear from you by the deadline,we will assume that you no longer want to pursue this project and
we will consider the project withdrawn.
This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application are not
authorized(at this time)by the DWQ. Please call Chuck Cranford 828-296-4664, if you have any questions.
Sincerely,
�1:'e at
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Cyndi Karoly - 401 Permitting Unit
ARO File copy
GAWPDATA\DEMWQ\Rutherford\401 s\Folk\09-1 I08_Addlnfo_12-1-09.doc

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 1, 2009
Mr. Mike Pettyjohn,P.E.
Division Engineer
N.C. Department of Transportation
Post Office Box 250
North Wilkesboro,North Carolina 28659
Subject: Inspection
NCSR 1328(Playmore Beach Road)
DWQ Project No. 080372
TIP No. B-3624
Caldwell County
Dear Mr. Pettyjohn:
On November 25,2009,1 visually inspected the construction work at Bridge No. 190 at the Johns River in
Caldwell County. The erosion and sedimentation control structures,vegetative covering,mulching and
matting appear to be working properly.
Continue to ensure that all sediment and erosion control structures are maintained and that seeding and
- mulching are performed as needed to protect downstream waters. Please refer to the attached inspection report
for additional comments and recommendations.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Heath Slaughter,Division 11,DEO
Neil Trivette,Roadside Environmental
Transportation Permitting Unit
Niki Maher,NPS Assistance and Compliance Oversight Unit
Mike Parker,Asheville Regional Office
(Pettyjohn)B-3624 November 2009 Inspection
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 One
Internet:www.ncwaterquality.org North.Carolina
An Equal Opportunity 1 Affirmative Action Employer NaturallrY

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DWQ Site Visits for DOT Projects
Field Sheet
DWQ representative: Michael R.Parker Date: November 25,2009
County: Caldwell e Region: Asheville
DOT Division: Division 11
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: I NW Permit#: IP#: 3481
Project Name: B-3624 Bridge Replacement
Location of Project: NCSR 1328 Smiles southwest of Lenoir,NC
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities LDOT): Water Quality Concerns (DWQ):
X❑ Bridge ❑ Steam Standards Violation
❑ Culvert X❑ Turbidity
❑ Bottomless Culvert ❑ Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑Failed E& S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration ❑ Fill
❑ Buffer Restoration ❑ Other
❑ Bank Stabilization
❑ Other
Additional Wetland Impacts: ❑yes X❑ no Estimated Acres
❑ Zone 1 Est Acres I 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): Johns River
Basin/Subbasin: CTB-030831
Wetland Type: ❑Isolated ❑Non-Isolated(Waters of US)
Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB
X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW
❑HQW ❑WS-I ❑WS-IV ❑SA FICA
Type of Authorized Impact: ❑Culvert ❑Bottomless Culvert
X❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: ❑0— 1/10`h acre X❑1/l lth to 1/3`d acre
❑1/3`d to 1.0 acre ❑> 1.0 acre .%
Authorized Stream Impacts: X❑< 150 linear feet ❑> 150 linear feet
Additional comments:
Compliance Issues Identified: ❑Yes X❑No
Compliance issues identified: ❑Yes ❑No
If yes, complete the section below:
Reviewed project site and sediment and erosion control devices. New bridge is almost
complete. Traffic has been switched to the new bridge and the old bridge has been removed
from the Johns River. Please ensure that sediment and erosion control devices are installed
adjacent to the river where the old bridge was located.
There was DOT or contractor personnel at the bridge site during the inspection.
Sediment and erosion control structures appear to be installed and working properly.
Continue to maintain sediment and erosion control structures to protect state surface waters.
Project appears to be in good shape. -
11-25-09 B-3624 Inspection Report

... ..... .. ....
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for
NDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
December 1, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED — 7007 1490 0004 0713 8625
Danny McIntosh, Mayor
Town of Burnsville
Post Office Box 97
Burnsville,North Carolina 28714
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 NCO020290
Town of Burnsville
Burnsville WWTP
Case No. LV-2009-0425
Yancey County
Dear Mayor McIntosh :
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,067.00 ($1,000.00 civil penalty+ $67.00 enforcement costs) against Town of Burnsville.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Town of Burnsville for the month of June 2009. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0020290. The violations which occurred in
June 2009 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Burnsville violated the
terms, conditions or requirements of NPDES Permit NCO020290 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Town of Burnsville:
None
rthCarolina
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U' SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone: [phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.org G:\WPDATA\DEMWQ\Yancey\20290 Burnsville WWTP

2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$500.00 NC0020290, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for CADMIUM.
2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$500.00 NC0020290, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for LEAD.
$1,000.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$1,067.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally; \
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice,you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty

,sessment 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 Jeff Menzel of the Water Quality staff of the
Regional Office at 828-296-4500.
Sincerely,
RogerC. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/attachments

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2009-0425 County: Yancey
Assessed Party: Town of Burnsville
Permit No. NC0020290 Amount Assessed: $1,067.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF YANCEY
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TOWN OF BURNSVILLE )
BURNSVILLE WWTP )
PERMIT NO. NCO020290 ) FILE NO. LV-2009-0425
Having been assessed civil penalties totaling$1,067.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated December 1, 2009,the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
December 2, 2009
Joshua and Christina McMinn
McMinn Property
599 Jackson Rd
Fletcher,NC 28732
SUBJECT: NOTICE OF VIOLATION
McMinn Property
NOV-2009-SS-0049
Stream Standard Violation- Other Waste (In-stream sediment)
Henderson County
Response deadline: December 21, 2009
Dear Mr. and Ms. McMinn:
On September 23, 2009, Chuck Cranford from the Asheville Regional Office of the Division of
Water Quality (DWQ) conducted a site inspection at 168 Huntley Road (Cauble Property) in
Henderson County. Mr. Tim Fox (Henderson County) and Jason Fulton (N.C. Division of Land
Resources) were present.
Stream standard violations were noted during the inspection. Sediment impacts to an unnamed
tributary to Hoopers Creek(Class C; Trout waters) were documented, measured to be
approximately 600 feet in length and upwards of 22 inches deep.
VIOLATIONS
L Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211
(3)f—Approximately 600 feet of an umlamed tributary to Hoopers Creek(Class C; Trout
waters) was impacted by sediment deposition greater than three (3) inches throughout the
stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B
.0211 (3) (f)
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 � tLlj",
Internet: www.ncwater ualit.or `Kb
An Equal Opportunity 1 Affirmative Action Employer � lrG� JJ

Joshua and Christina McMinn
December 2,2009
Page 2 of 3
REQUIRED RESPONSE
This Office requests that you respond in writing by the deadline noted above. Your response
should be sent to both the attention of Chuck Cranford, Division of Water Quality, 2090 US HWY
70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS
Assistance and Compliance Oversight Unit, 1617 Mail Service Center,Raleigh,NC 27699-1617.
Your response should address the following items:
I. Stream Standard - Other Waste (In-Stream Sediment)
a. Please submit a Sediment Removal Plan (Plan) to this office for review and
approval. The Plan must address removal of the accumulated sediment from the
unnamed tributary to Hoopers Creek. The Plan must be submitted to the Division
of Water Quality for review and approval prior to implementation. You are
encouraged to secure an environmental consultant experienced in stream restoration
to assist you with development of your plan and authorization necessary to achieve
compliance. It is recommended that your consultant contact Chuck Cranford of the
Asheville Regional Office for additional guidance during restoration plan
development. The Plan should include the following:
• A narrative explaining how sediment will be removed and how impacted
jurisdictional waters will be restored.
•
A proposed schedule with dates that indicate when you expect to begin and `
complete the removal of sediment.
• A diagram of the stream channel, referenced with photo documentation of
sediment impacts.
• A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standards are not exceeded.
b. Once the Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Chuck Cranford.

.ristina McMinn
2009
i3
Thank you for your attention to this matter. This office requires that the violations, as detailed
above, be abated immediately. These violations and any future violations are subject to a
civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any
questions regarding these matters,please contact Chuck Cranford at(828) 296-4664.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
DWQ Central Files
Tim Fox - Henderson County
G:\WPDATA\DEMWQ\Henderson\Comp]aints\Huntley\NOV-2009-S S-0049.doc

Aga
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Goleen H. Sullins Dee Freeman
Governor Director Secretary
December 2, 2009
Furman and Cathy Nicholson
314 Stanley Haven Lane
Hendersonville,NC 28739
Subject: Request for More Information
401 Water Quality Certification
Nicholson: Ag/Irrigation Pond
DWQ Project# 09-1151
Henderson County
Response deadline: December 31, 2009
Dear Mr. and Ms. Nicholson:
The Division of Water Quality (DWQ) has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced property. Additional information will be required in order to
,omplete the review process.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Your application describes the property as "single family residence...undeveloped/pasture and
wooded" and your request is for the construction of an"agricultural/irrigation pond."
Please provide a description of the agricultural operation that requires the requested impacts.
2. Please provide information provided by the USDA-NRCS or County Soil and Water office
regarding pond size requirements for irrigation needs.
Please provide your response in writing to the addresses below prior to December 31, 2009. One (1) copy of
the required information should be provided to the 401 Permitting Unit at:
Ms. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh,NC 27699-1650
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One g,
Phone:[phone] FAX:[phone] Customer Service:1-877-623-66748 Q1� rahl�
Internet:www.ncwaterquality.org
F�
An Equal Opportunity 1 Affirmative Action Employer

Furman and Cathy Nicholson
December 2,2009
Page 2 of 2
and one (1) copy to the Asheville Regional Office at:
Chuck Cranford
Surface Water Protection Section
2090 US HWY 70
Swannanoa,NC 28778
If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and
we will consider the project withdrawn.
This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Chuck Cranford 828-296-4664, if you have any questions.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Liz Hair-US Army Corps of Engineers Asheville Field Office \
p g L_ ✓�
David McHenry -North Carolina Wildlife Resources Commission
Cyndi Karoly - 401 Permitting Unit
County Planning
ARO File copy
G:\WPDATA\DEMWQ\fIenderson\401s\Nicholson\Addlnfo-12-1-09.doc

ffAF-"4
Rh901a99L in
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 2, 2009
Lowery and Mary Plexico
112 Caladium Drive
Columbia, SC 29212
Subject: Request for More Information
Lowery and Mary Plexico
DWQ Project# 09-1110
Rutherford County
Response deadline: December 31, 2009
Dear Mr. and Ms. Plexico:
The Division of Water Quality (DWQ) has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced project. Additional information will be required in order to
Complete the review process.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Please provide a completed sketch using the attached template,which indicates the dimensions
of the riprap to be installed.
2. Please provide pictures of the seawall indicated to be in need. of repair.
3. Riprap placement will be required as described in the US Army Corps of Engineers General
(Regional) Permit 198200030:
0 Riprap will be placed at the base of all bulkheads and will extend a maximum of three (3)
feet waterward on a 2:1 slope. All other fill material will be confined landward of
bulkheads.
Please plan your project accordingly.
Please provide your response in writing to the addresses below by December 31, 2009. One (1) copy of the
required information should be provided to the 401 Permitting Unit at:
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 One
Internet:www,nrwaterquality.org NofthCarofina
An Equal Opportunity 1 Affirmative Action Employer

Lowery and Mary Plexico
December 2,2009
Page 2 of 2
Ms. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh,NC 27699-1650
and a single copy to the Asheville Regional Office at:
Chuck Cranford
Surface Water Protection Section
2090 US HWY 70
Swannanoa,NC 28778
If we do not hear from you by the deadline,we will assume that you no longer want to pursue this project and
we will consider the project withdrawn.
This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Chuck Cranford 828-296-4664, if you have any questions.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Cyndi Karoly - 401 Permitting Unit
ARO File copy
G:\WPDATA\DEMWQ\Rutherford\401 s\Plexico\09-1110_Addlnfo_12-1-09.doc

� I
J �
er
t Y
xi
L #1 `f. f• � } c„ r L M 1 rr 5 i 1 3 - 3 f
F
5 q y
i
I.
Plea a approximately sketch the fof owing %rdformat on on'this plan
[: ariimatii� For ' . it3u 'h � ft. ft ;
1) A11proposed Vegotafian 00,AH i {t� id d rrs on '
.2) Location of rip rap P.rfitl to e;placed above tlae lai.rfrl ftid levaflon
ati ri!p fop nr fiii r f f l y. helo the NIT P'to otad elevation
4) The lo ti n of any �r4po�s�d sttructuras s h a� C�uiRdir�g's, r tarnir
wAlflso €ovRs, etc.
6} The Tuationof,ar excavation or dredging, below the y Pond
6) Location of construction access corridors.

t n p 4 W1- r
T 7
1 F l
C � f
Gl a d „ IWO.( full lion
F�
Plerast ap—prommatelly.sketch the following information on this flan .
(please p,rovi a d-1-me sion for each stem, Sued as to t't. x 1010 ft)e
1) All piropose vegeta,10 .�leflln (l�r+a�rI�le �iimer�scan
Location or tlP ra,p or• Fill to tbe placed above the F011 Pond a e��tt�eti
3) L ocatioln, of rrp rap or'C ll to ble: laced :L� tad elbmatiun.
Thelc�tiln .prOP M.e :st.ruktrcl; nt�Allrrs cti�ai
wallsr dooks, eta,
S) The 10-cation, l any excavation or Bridging, below the Full.lFand
,elevation.
6) Utia..uun of onOrue�xion access -orirrdor ,.

All
Ail
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 2, 2009
E. Kay Stafford, Jr.
1109 Lofton Lane
Vidalia, GA 30474
Subject: Request for More Information
401 Water Quality Certification
E. Kay Stafford, Jr. Lot 6
DWQ Project# 09-1185
Macon County
Response deadline: December 31, 2009
Dear Mr. Stafford:
The Division of Water Quality (DWQ) has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced property. Additional information will be required in order to
complete the review process.
"Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Photographs of the shoreline where stabilization is proposed that clearly depict the existing
conditions. Include an item in the picture to identify scale (e.g., yardstick, survey rod or shovel).
2. Discuss the use of bank stabilization techniques that utilize native vegetation as described in the
Duke Power Stabilization Techniques document attached. This approach"should be the first
option considered for any shoreline stabilization project," according to Duke Power.
3. Confirm the square footage of impact below normal pool lake level, as the application is not
clear on this figure.
Please provide your response in writing to the addresses below prior to December 31, 2009. One (1) copy of the
required information should be provided to the 401 Permitting Unit at:
Ms. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh,NC 27699-1650
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorffiCarolina
Internet:www.nowaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

.... ..._.._._.-.-_.._.._.._....
E.Kay Stafford,Jr.
December 2,2009
Page 2 of 2
and one (1) copy to the Asheville Regional Office at:
Chuck Cranford
Surface Water Protection Section
2090 US HWY 70
Swarmanoa,NC 28778
If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and
we will consider the project withdrawn.
This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Chuck Cranford 828-296-4664, if you have any questions.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Lori Beckwith-US Army Corps of Engineers Asheville Field Office `
Cyndi Karoly - 401 Permitting Unit
ARO File copy
G:\WPDATA\DEMWQ\Macon\401s\Stafford\09-1185 AddInfo 12-1-09.docx

4ss
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Dee Freeman
Governor Director
Secretary
December 2, 2009
Sefton and Mary Abbott
34 Red Oak Forest Road
Fairview,NC 28730
Subject: 401 Water Quality Certification -Approval
Sefton and Mary Abbott
DWQ Project# 09-1202
Rutherford County
BRD01 /Broad River (Lake Lure)/ 9-(17)/B; Tr
Dear Mr. and Mrs. Abbott:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 0.004 acres of open waters for the purpose of
seawall repair at the subject property. This approval requires you to follow the conditions listed in the
attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows
you to use Regional General Permit 30 when issued by the US Anny Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including (but not limited to) Erosion and Sediment
Control and trout buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Waters 0.004 (acres) Drawing
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 rhar011na
Internet:www.ncvvaterquality.org 1v hTO
An Equal Opporlunfty 1 Affirmative Action Emplover

Sefton and Mary Abbott
December 2,2009
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Chuck Cranford in the Asheville Regional Office at
828-296-4664.
Sincerely,
y� r
Z
Coleen H. Sullins, Director
CHSlcbc
Eric: GC3693
Certificate of Completion
cc: Kim B. Warner
139 Countrywood Drive, Forest City,NC 28043
USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
G:\WPDATA\DEM WQ\Rutherford\401 s\Abbott\09-1202_Approval_12-2-09.doc

fifi
MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director Dee Freeman
Secretary
December 2, 2009
Mr. Gary D. McKay, P.E., President
R.C.F., Inc.
P.O. Box 157
Hazelwood,NC 28738
Subject: Brannon Forest Pond Dredging
Haywood County
French Broad/UT Jonathan Creek (Gaddis Br)/ 5-26-(7) /C-Tr
Dear Mr. McKay:
The Division of Water Quality(Division) reviewed your submittal for the pond dredging project at Brannon
Forest in Haywood County. The Division will not require written concurrence for the subject project based on
the details of your submittal. However, approval from the US Army Corps of Engineers may still be required,
as well as any other federal, state or local permits before you proceed with your project including (but not
limited to) Erosion and Sediment Control regulations. Also, in review of the property boundaries and work
'escription, it appears that Mr. Paul and Claudia Blystone own the area at the dam and below. If this is the
case,they should be properly informed of any work to be done on or adjacent to their property.
Although the Division does not require written concurrence for this particular project as outlined in your
submittal dated November 12, 2009, water quality standards must not be violated. The Division offers the
following guidelines to avoid noncompliance:
• Sediment must be prevented from reaching surface waters during the lake/pond drawdown. The
withdrawal fixture should be placed at or near the surface with floats (and water level reduced by no
more than one vertical foot per day, in accordance with Dam Safety Guidelines). This should prevent
sediment from being released downstream.
• While work is being performed at the dam, the lake/pond should be isolated from moving water(i.e., via
sand bags at the lake/pond headwaters and siphoning around the lake, or other means necessary to
perform work"in the dry"). Your proposal indicates that this will be done.
• Depending on the amount of time necessary to complete repair of the dam, sediment and erosion control
structures and/or hydroseeding may be necessary to stabilize exposed soil and sediment(or other method
of stabilization). Again, the Division recommends you correspond with the Division of Land Quality(or
Haywood County Erosion Control)regarding sediment and erosion control structures.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 one oile a r®ling
Internet:www.ncwaterquality.org NorthC���`i`"N����
An Equal Opportunity 1 Affirmative Action Employer

Mr.McKay,P.E.
December 2,2009
Page 2 of 2
• Downstream waters should be visually monitored periodically (minimum of weekly) while work is
being performed. The withdrawal or repair work should be discontinued if downstream waters are
turbid or if sediment is released.
o The Division recommends that you attempt to remove fish from the pond to lessen the impact of the
drawdown on aquatic life.
If you have any questions or comments regarding the above guidelines, please contact me in the Asheville
Regional Office at 828-296-4500.
Sincerely,
f�� I
Susan A. Wilson, P.E.
Environmental Engineer, Asheville Regional Office
cc: Lori Beckwith, USACE Asheville Regulatory Field Office
Charles Hoefs, President, Brannon Forest Property Owners Association
56 Rockin Chair Lane, Waynesville,NC 28785
Haywood County Erosion Control
ARO File Copy
G:\WPDATA\DEMWQ\Haywood\401s\Brannon Forest Pond dredge 12 2009.doc

4�®
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director Dee Freeman
Secretary
December 2, 2009
Eric and Laura Panner
45 Bridlewood Place
Concord, NC 28025
Subject: 401 Water Quality Certification -Approval
Eric and Laura Panner
DWQ Project# 09-1060
Rutherford County
BRDOI /Broad River (Lake Lure) / 9-(17)/B; Tr
Dear Mr. and Ms. Panner:
The DWQ has completed the review of your 401 Water Quality Certification application associated with the
subject project listed above.
Approval has been granted to place fill within or otherwise impact 0.023 acres of open waters for the purpose of
seawall construction for a boathouse at the subject property. This approval requires you to follow the
conditions listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including (but not limited to) Erosion and Sediment
Control and Trout Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Waters 0.023 (acres) Sheet 5
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 T,TQne 1
Internet:www.ncwaterquality.org 1'VorthCc`#rofina
atura&y
An Equal Opportunity 1 Affirrnative Action Emolover

Eric and Laura Panner
December 2,2009
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Chuck Cranford in the Asheville Regional Office
at 828-296-4664.
Sincerely,
Coleen H. Sullins, Director `
CHSlcbc
Eric: GC3693
Certificate of Completion
cc: USACE Asheville Regulatory Field Office -
Dave McHenry NCWRC (e-copy)
Clint Calhoun(e-copy)
401 Permitting Unit—Central Office
File Copy
G:\WPDATA\DEMWQ\Rutherford\401 s\Panner\Approval_09-1060_11-10-09.doe

F-IWA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality -
Beverly Eaves Perdue Goleen H. Sullins Dee Freeman
Governor Director Secretary
December 2, 2009
Thomas and Karen Collins
206 Yacht Island Drive
Lake Lure,NC 28746
Subject: Request for More Information
Thomas and Karen Collins
DWQ Project# 09-1195
Rutherford County
Response deadline: January 1,2010
Dear Mr. and Ms. Collins:
The Division of Water Quality (DWQ) has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced project. Additional information will be required in order to
complete the review process.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Please provide pictures of the seawall indicated to be in need of repair.
2. Riprap placement will be required as described in the US Army Corps of Engineers General
(Regional) Permit 198200030:
® Riprap will be placed at the base of all bulkheads and will extend a maximum of three (3)
feet waterward on a 2:1 slope. All other fill material will be confined landward of
bulkheads.
Please plan your project accordingly.
Please provide your response in writing to the addresses below by December 31, 2009. One (1) copy of the
required information should be provided to the 401 Permitting Unit at:
Ms. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 Qi�ieg-
Internet:www.ncwaterquality.org Not LhCarollna
An Equal Opportunity 1 Affirmative Action Employer '

Thomas and Karen Collins
December 2,2009
Page 2 of 2
Raleigh,NC 27699-1650
and one (1) copy to the Asheville Regional Office at:
Chuck Cranford
Surface Water Protection Section
2090 US HWY 70
Swannanoa,NC 28778
If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and
we will consider the project withdrawn.
This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Chuck Cranford 828-296-4664, if you have any questions.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Cyndi Karoly - 401 Permitting Unit
ARO File copy
GAWPDATA\DEMWQ\Rutherf6rd\401 s\Collins\09-1195_Addlnfo_12-2-09.doc

'""^ "'"
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 3,2009
Wayne Parker
1498 Parker Padgett Road
Old Fort,North Carolina 28762
Subject: 401 Water Quality Certification-Approval
Wayne Parker Farm
DWQ Project#20091075
McDowell County
CTB30/Brevard Creek/ 11-11 /Class C
Dear Mr. Parker:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated
with the subject project listed above.
Approval has been granted to place fill within or otherwise impact approximately 2,100 feet of streams for the purpose of
stream restoration at the subject property. This approval requires you to follow the conditions listed in the attached
�rtification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3689. This Certification allows you to use
Nationwide Permit 27 when issued by the US Army Corps of Engineers(USACE). Authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification
shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or
otherwise comply with any other required federal, state or local permits before you proceed with your project including
(but not limited to)Erosion and Sediment Control regulations.
This approval is for the purpose and design that you described in your application. If you change your project,you must
notify us and may be required to submit a new application.
Additional Conditions
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)
Stream —2,100 (linear feet) Brevard Creek
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NOT ortl1Cc`iT 01121it
Internet:www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

Wayne Parker
December 3,2009
Page 2 of 3
2. Sediment and erosion control measures must be implemented prior to construction and maintained on the sites t,
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.
3. 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.
4. 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 stabilizing or
flow/grade control structures or for reestablishing the natural 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.
5. 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.
6. Repairs to eroded banks should be conducted in a dry work area where possible. Based upon the submitted
additional information, and the limited stream access area, it is understood that some work will have to occur
in the "wet". 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.
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.
8. 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. �-

A
f urbidity Standard
The turbidity standard of 50 NTUs(Nephelometric Turbidity Units)shall not be exceeded as described in 15 A
NCAC 213. .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.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),
you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a
hearing, send a written petition,which conforms to Chapter 150B of the North Carolina.General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C.27699-6714. This certification and its conditions are
final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at 828-296-4657.
Sincerely,
Coleen H. Sullins,Director
CHSIkhb
Eno: GC3689
Certificate of Completion
�C: Jake Stokes,USDA-NRCS
589 Raccoon Road, Suite 246, Waynesville,North Carolina 28786
Liz Hair,USACE Asheville Regulatory Field Office
David McHenry,NC Wildlife Resources Commission
401 Permitting Unit—Central Office
File Copy
GAWPDATA\DEMWQ\Mcdowe11\401 s\09-1074.WayneParkerFarm.Approval.doc

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
3everly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 3, 2009
Adria Strife
Post Office Box 309
Grantham,New Hampshire 03753
Subject: 401 Water Quality Certification - Approval
Strife Shoreline Stabilization
DWQ Project# 20091066
Burke County
CTB30/Lake James/ l l-(8)/Class C
Dear Mrs. Strife:
The DWQ has completed the review of your 401 Water Quality Certification application associated with the
subject project listed above.
A
pproval has been granted to place fill within or otherwise impact 200 linear feet of shoreline for the purpose of
oreline stabilization and water access at the subject property. This approval requires you to follow the
conditions listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
General Permit Verification. In addition,you should obtain or otherwise comply with any other required
federal, state or local permits before you proceed with your project including (but not limited to) Erosion and
Sediment Control and Catawba Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Waters 200 (linear feet) Stabilization
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Otle
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCarolina
Internet:www.ncwaterquality.org
Naturallff
An Equal Opportunity 1 Affirmative Action Employer

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

abilization
A
'.lis letter completes the review of your application by the Division of Water Quality under Section 401 of the
:lean Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
Coleen H. Sullins, Director
CHS1khb
Enc: GC3693
Certificate of Completion
Catawba River Buffer Rule
Guidelines for Riparian Buffer Restoration
cc: Carissa Castle, Bennick Enterprises, LLC -Ecopy
USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
GAWPDATA\DEMWQ\Burke\401 s\09-1066.Strife.ShorelineStabi1.approval.doe

Oil
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 3, 2009
Ms. Wanda H. Austin, PE
Heaven's Rose, Inc.
44 Homespun Road
Sylva,North Carolina 28779
Subject: Fast-Track Application Return
Black Bear Creek Sewer Project
Town of Maggie Valley
Haywood County
Dear Ms. Austin:
Attached herewith is the Fast-Track Sewer Application which you submitted seeking
permission to replace an existing sewer to serve the Black Bear Creek Sewer project. The
application is being returned for the following reason(s):
(1) The Application(both copies) were not sealed or dated by a Professional Engineer
licensed to practice engineering in the State of North Carolina.
I look forward to receiving a completed application. Should you have questions or need
additional information, please contact me at 828/296-4500.
Sincerely,
Donald R. Price, CET
WWTP Consultant
Cc: Tim Barth, Maggie Valley Town Manager
G:\WPDATA\DE-.MWO\Iiavwood\Maggic Valley Collection System\Applicltion Return Black Bear Sewer Replacement project.do
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748
Internet: www,ncwaterquality.org Natutriallff
An Equal Opportunity\Affirmative Action Employer

............._..__........
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- -North Carolina Department of Environment and Natural Resources - -
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
December 3, 2009
Al Matthews, Manager
Town of Canton
Post Office Box 987
Canton, NC 28716
SUBJECT: Compliance Evaluation Inspection
Canton Collection System
Permit No: WQCS00307
Haywood County
Dear Mr. Matthews:
Enclosed please find a copy of the Compliance Evaluation Inspection Report for
the inspection conducted on November 19, 2009. The Compliance Evaluation Inspection
was conducted by Janet Cantwell and me of the Asheville Regional Office. The collection
system was found to be in Compliance with permit WQCS00307.
Please refer to the enclosed inspection report for additional observations and
comments. The time and assistance provided by Lisa Stinnett and Richie Hodge during
the inspection was greatly appreciated. If you should have any questions, please do not
hesitate to contact me at 296-4500.
Sincer, y,
Keith yne
Environmental Senior Specialist
Enclosure
cc: Richard Eugene Hodge, ORC
Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarohna
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 a?Rtu1,Q1/�
Internet:www.ncwaterguality.org G:\WPDATA\DEMWQ\Haywood\Canton Collection System\CElletter120209.doc �/V l

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Compliance Inspection Report
Permit: WQCS00307 - -Effective: 07/25/07 Expiration: 06/30/15 Owner: Town of Canton
SOC: Effective: Expiration: Facility: Canton Collection System
County: Haywood PO Box 987
Region: Asheville
Contact Person: Richard Hodge Title: Phone:[phone]
Directions to Facility:
System Classifications: CS1,
Primary ORC: Richard Eugene Hodge Certification:25438 Phone:[phone]
Secondary ORC(s):
Harrison David Matteson Certification:985221 Phone:[phone]
On-Site Representative(s):
On-site representative Richard Eugene Hodge Phone: [phone]
Related Permits:
NC0000272 Blue Ridge Paper Products Inc-Canton Mill
Inspection Date: 11/19/2009 Entry Time: 09:15 AM Exit Time: 02:00 PM
Primary Inspector: Keith Haynes Phone:[phone]
Secondary Inspector(s):
Janet Cantwell Phone: [phone] Ext.4667
Reason for Inspection: Routine Inspection Type:Compliance Evaluation
Permit Inspection Type: Collection system management and operation
Facility Status: ■Compliant r1 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:WQCS00307 _ Owner-Facility:.Town of Canton
_Inspection_Date:_11/19/2009 __ Inspection Type:Compliance Evaluation -- Reason for Visit:Routine
Inspection Summary:
The Town is doing a very good job in maintaining and operating its permitted collection system. Work needs to be
completed on the map as soon as funds are available. Please be sure that the map includes manhole numbers. Also, if
you have not already done so, please be sure to submit the ORC and back-up info.
Attached is a pump station log/check list which you may wish to use for your inspections.
Page: 2

Permit:WQCS00307 Owner-Facility:Town of Canton
Inspection Date: 11/19/2009 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
What educational tools are used?
Hand-out provided at Town Hall. Suggested that a Spanish version be made available
Is Sewer Use Ordinance/Legal Authority available? ■ n n n
Does it appear that the Sewer Use Ordinance is enforced? ❑ ❑ ■ ❑
Is Grease Trap Ordinance available? ■ n n n
Is Septic Tank Ordinance available(as applicable, i.e.annexation) ■ ❑
List enforcement actions by permittee, if any, in the last 12 months
The Town has not had to proceed to any enforcement actions.
Has an acceptable Capital Improvement Plan(CIP)been implemented? ■ n In n
Does CIP address short term needs and long term\"master plant/concepts? ■ ❑ n
Does CIP cover three to five year period? ■ n ❑ ❑
Does CIP include Goal Statement? ■ n n
Does CIP include description of project area? ■ n ❑ ❑
Does CIP include description of existing facilities? ■ n n n
Does CIP include known deficiencies? ■ n n n
Does CIP include forecasted future needs? ■ ❑ n Q
Is CIP designated only for wastewater collection and treatment? ■ n n n
Approximate capital improvement budget for collection system? $404,703.00
Total annual revenue for wastewater collection and treatment? $260,000.00
CIP Comments
Good CIP. It is recommended that a last update date be placed on the CIP. The current CIP was updated
in 2000.
Is system free of known points of bypass? ■ [1 ❑ ❑
If no,describe type of bypass and location
None
Is a 24-hour notification sign posted at ALL pump stations? ■ n n
In
#Does the sign include:
Instructions for notification? ■ n n D
Pump station identifier? ■ n n n
24-hour contact numbers ■ Q n ❑
If no, list deficient pump stations
None
Page: 3

Permit:WQCS00307_ Owner-Facility:Town of Canton
Inspection Date:_11/19/2009 Inspection Type:Compliance Evaluation -- Reason for Visit:Routine - -
#Do ALL pump stations have an"auto polling"feature/SCADA? n ■ ❑ n
Number of pump stations 13
Number of pump stations that have SCADA 0
Number of pump stations that have simple telemetry 13
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:
They have not had excessive root issues.
Comment: The Town has not experienced excessive root problems. Any problems
are addressed during cleaning. A remove/point repair is made if necessary.
Inspections Yes No NA NE
Are maintenance records for sewer lines available? ■ ❑ ❑ n
Are records available that document pump station inspections? ■ ❑ ❑ n
Are SCADA or telemetry equipped pump stations inspected at least once a week? ■ ❑ ❑ n
Are non-SCADA/telemetry equipped pump stations inspected every day? ❑ ❑ ■ ❑
Are records available that document citizen complaints? ■ n n n
#Do you have a system to conduct an annual observation of entire system? ■ n ❑ ❑
#Has there been an observation of remote areas in the last year? ■ ❑ ❑ ❑
Are records available that document inspections of high-priority lines? ❑ ■ 0 ❑
Has there been visual inspections of high-priority lines in last six months? ■ ❑ n ❑
Comment: High priority lines are routinely inspected, but are not always logged with a
date and time. It is recommended that at least once every six months, the inspections
be logged/recorded.
Operation &Maintenance Requirements Yes No NA NE
Are all log books available? ■ ❑ ❑ ❑
Does supervisor review all log books on a regular basis? ■ ❑ ❑ ❑
Does the supervisor have plans to address documented short-term problem areas? ❑ ❑ ■ ❑
What is the schedule for reviewing inspection,maintenance,&operations logs and problem areas?
Weekly
Are maintenance records for equipment available? ■ ❑ ❑ n
Is a schedule maintained for testing emergency/standby equipment? ■ n ❑ n
Page: 4

Permit:WQCS00307 Owner-Facility:Town of Canton
Inspection Date:_11/19/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine
What is the schedule for testing emergency/standby equipment? monthly for generators
Do 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 Cl 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? mn n n
Has at least 10%of system been cleaned annually? ■ n n n
What areas are scheduled for cleaning in the next 12 months?
Lines that have not been cleaned or any new problem areas.
Is a Spill Response Action Plan available? ■ o n In
Does the plan include:
24-hour contact numbers ■ n n n
Response time ■ n n n
Equipment list and spare parts inventory ■ n n n
Access to cleaning equipment ■ n ❑ n
Access to construction crews, contractors,and/or engineers ■ n n
Source of emergency funds ■ n n n
Site sanitation and cleanup materials ■ f_t Cl n
Post-overflow/spill assessment ■ o n n
Is a Spill Response Action Plan available for all personnel? ■ ❑ ❑ n
Is the spare parts inventory adequate? ■ n n Q
Comment:
Records Yes No NA NE
Are adequate records of all SSOs,spills and complaints available? ■ n 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
Page: 5

Permit:WQCS00307 Owner-Facility:Town of Canton
Inspection Date: 11/19/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Is a map of the system available? ■ n n n
Does the map include:
Pipe sizes ■ n n
Pipe materials n ■ n n
Pipe location ■ n n n
Flow direction ■ n n n
Approximate pipe age n ■ n n
Number of service taps ❑ ■ Q n
Pump stations and capacity ■ n n n
If no,what percent is complete? 70%
List any modifications and extensions that need to be added to the map
Need to continue work on map. Town has number of service taps,but they are currently not shown on map
nor are the manhole#s shown.
#Does the permittee have a copy of their permit? ■ n n n
Comment: Map will be done on GIS.
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. 143-215.1C? ■ n n n
#Is permittee compliant with all compliance schedules in the permits? n ❑ ■
If no,which one(s)?
The 2008 report was late. The 2009 report is being prepared now.
Comment: #
1 - Line behind ball field at GPigeon Street
Lines/Right-of-Ways/Aerie) Lines Yes No NA NE
Is right-of-way accessible for emergency? ■ n n n
Is right-of-way free of sinkholes or depressions? ■ n n n
Is line/right-of-way free of evidence of leakage? ■ n n n
#Are there areas of exposed line? n ■ n n
#Is any exposed line constructed of ductile iron or other approved material? n n ■
Are water crossing and supports in good condition? n ❑ ❑ ■
#Is right-of-way free of non-utility motorized traffic? ■ n n
Page: 6

Permit:WQCS00307 Owner-Facility:Town of Canton
Inspection Date: 11/19/2009 Inspection Type:Compliance Evaluation _ Reason for Visit:Routine -
Is line free of visible damage? n n n
#Are there siphons in this system? n ■ n n
If yes, are they maintained and documented?
Comment:
2 - Plus Laundry site
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 n
Are all pumps present? ® n n n
Are all pumps operable? n n Cl
Are wet wells free of excessive debris? ® n n n
Are upstream manholes free of excessive debris/signs of overflow? ■ n n n
Are floats/controls for pumps/alarms operable? ■ n n n
Is"auto polling"feature/SCADA present? n n n
Is"auto polling"feature/SCADA operational? n n n
Is simple telemetry present? n 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 n 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 n
Can the emergency generator run the pumps? ® n n n
Is the pump station equipped for quick hook-up? n ® n n
Is the generator operable? n n ■ n
Page: 7

............... ..
- -- Permit:WQCS00307 Owner—Facility:Town of Canton
Inspection Date: 11/19/2009 -Inspection Type:Compliance Evaluation - Reason for Visit:Routine
#Is fuel in tank and sufficient? n n ■ n
Is the generator inspected according to their schedule? ■ n 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 n n
Is the pump station free of signs of overflow? ® n n n
Are run times comparable for multiple pumps? yes
Comment: none
2 HP - Line on Pigeon River Bridge at BCA
Lines/Right-of-Ways/Aerie) Lines Yes No NA NE
Is right-of-way accessible for emergency? ■ n n n -�
Is right-of-way free of sinkholes or depressions? n n ■ n J
Is line/right-of-way free of evidence of leakage? ■ o n n
#Are there areas of exposed line? ■ Cl n n
#Is any exposed line constructed of ductile iron or other approved material? ■ n In n
Are water crossing and supports in good condition? ■ n n n
#Is right-of-way free of non-utility motorized traffic? n ■ n n
Is line free of visible damage? ■ n n n
#Are there siphons in this system? n ■ n n
If yes,are they maintained and documented?
High Priority line attached to bridge
Comment:
216 - Fiberville
Manhole Yes No NA NE
Is manhole accessible? ■ n n n
#Is manhole cover/vent above grade? ■ n n n
Is the manhole free of visible signs of overflow? ■ n n n \
Page: 8

Permit:WQCS00307 Owner-Facility:Town of Canton
Inspection Date: 11/19/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Is the manhole free of sinkholes and depressions? ■ n n n
Is manhole cover present? ■ n n n
#Is manhole properly seated? ■ n n n
#Is manhole in good condition? ■ n n n
#Is invert in good condition? ■ n Q n
Is line free-flowing and unrestricted in manhole? ■ n n n
Is manhole free of excessive amounts of grease? ■ ❑ n D
Is manhole free of excessive roots? ■ ❑ n Cl
Is manhole free of excessive sand? ■ 11 n n
Is manhole's extended vent screened? n
Are vents free of submergence? n n n ■
Are manholes free of bypass structures or pipes? ■ ❑ n CI
Comment:
229 & 230 - Laundry Site
Manhole Yes No NA NE
Is manhole accessible? ® ❑ El n
#Is manhole cover/vent above grade? ❑ n ■ n
Is the manhole free of visible signs of overflow? ■ 0 11 n
Is the manhole free of sinkholes and depressions? ■ ❑ n Cl
Is manhole cover present? ■ ❑ 0 ❑
#Is manhole properly seated? ■ n Q Q
#Is manhole in good condition? ® n ❑ 0
#Is invert in good condition? ® n n n
Is line free-flowing and unrestricted in manhole? ❑ ❑ [l
Is manhole free of excessive amounts of grease? n n n
Is manhole free of excessive roots?
Is manhole free of excessive sand? ■ ❑ n 11
Is manhole's extended vent screened? n ❑ ■ n
Are vents free of submergence? n n ■ n
Are manholes free of bypass structures or pipes? ■ n ❑ n
Page: 9

Permit:WQCS00307 _ Owner-Facility: Town of Canton
Inspection Date: 11/19/2009 ---Inspection Type:Compliance Evaluation - - Reason for Visit:Routine
Comment:
29 -Pigeon Street
Manhole Yes No NA NE
Is manhole accessible? ® n n n
#Is manhole cover/vent above grade? ® I_l n n
Is the manhole free of visible signs of overflow? ■ n n n
Is the manhole free of sinkholes and depressions? ® n n n
Is manhole cover present? ® n n n
#Is manhole properly seated? ■ n n n
#Is manhole in good condition? ■ n n n
#Is invert in good condition? ■ n n n
Is line free-flowing and unrestricted in manhole? ■ n n n
Is manhole free of excessive amounts of grease? n n n
Is manhole free of excessive roots? ■ n n n
Is manhole free of excessive sand? n n n
Is manhole's extended vent screened? ❑ n ■ n
Are vents free of submergence? n n ■ n
Are manholes free of bypass structures or pipes? M n n n
Comment:
3 - Blue Building
Pump Station Yes No NA NE
Pump station type Duplex
Are pump station logs available? ■ n f=1 f=1
Is it accessible in all weather conditions? ■ n n n
#Is general housekeeping acceptable? ® n n n
Are all pumps present? ■ n n n
Are all pumps operable? ■ ❑ n n
Are wet wells free of excessive debris? ® n n n
Are upstream manholes free of excessive debris/signs of overflow? ■ n n F=1
Are floats/controls for pumps/alarms operable? ■ n n n
Page: 10

Permit:WQCS00307 Owner-Facility:.Town of Canton
Inspection Date: 11/19/2009 _Inspection Type:Compliance Evaluation Reason for Visit:Routine
Is"auto polling"feature/SCADA present? n n ■ n
Is"auto polling"feature/SCADA operational? n n ■ n
Is simple telemetry present? ® n n n
Is simple telemetry operational? ❑ n n
Are audio and visual alarms present? 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 n 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 n
Can the emergency generator run the pumps? n n n
Is the pump station equipped for quick hook-up? n m n ❑
Is the generator operable.
nnn
#is fuel in tank and sufficient? n n n
Is the generator inspected according to their schedule? n n n
Is a 24-hour notification sign posted? ❑ n n
Does it include:
Instructions for notification? Cl n n
Pump station identifier? ❑ ❑ n
Emergency phone number n n n
Is public access limited? n n n
Is pump station free of overflow piping? n n n
Is the pump station free of signs of overflow? n n n
Are run times comparable for multiple pumps? yes
Comment: None
4 - Pigeon Street
Pump Station Yes No NA NE
Pump station type Duplex
Page: 11

Permit:WQCS00307 _ Owner-Facility:Town of Canton
Inspection Date: 11/19/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Are pump station logs available? ® n ❑ n
Is it accessible in all weather conditions? ® n n n
#Is general housekeeping acceptable? ® ❑ n Cl
Are all pumps present? ® n n n
Are all pumps operable? s ❑ n n
Are wet wells free of excessive debris? ® ❑ n 13
Are upstream manholes free of excessive debris/signs of overflow? ® n n n
Are floats/controls for pumps/alarms operable? ® n ❑ n
Is"auto polling"feature/SCADA present? n n ® n
Is"auto polling"feature/SCADA operational? In 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 i
Are backflow devices in place?
Are backflow devices operable? ® ❑ n n
Are air relief valves in place? ❑ Cl
Are air relief valves operable? n
# Is an emergency generator available? ® n Cl Cl
Can the emergency generator run the pumps? ® n n n
Is the pump station equipped for quick hook-up? n ® n n
Is the generator operable? In n n
#Is fuel in tank and sufficient?
Is the generator inspected according to their schedule? n n ® n
Is a 24-hour notification sign posted? ® n n n
Does it include:
Instructions for notification? ® ❑ ❑ n
Pump station identifier? ® n
Emergency phone number ® n n n `
Page: 12

Permit:WQCS00307_ Owner-Facility:Town of Canton_
Inspection Date: 11/19/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Is public access limited? n n 0
Is pump station free of overflow piping? n n
Is the pump station free of signs of overflow?
Are run times comparable for multiple pumps? yes
Comment: One counter is malfunctioning, but run times are comparable
6 - Fiberville
Pump Station Yes No NA NE
Pump station type Duplex
Are pump station logs available? n n Cl
Is it accessible in all weather conditions? n M ❑ Q
#Is general housekeeping acceptable? N n n 0
Are all pumps present? N n n n
Are all pumps operable? is n n n
Are wet wells free of excessive debris? 0 n n
Are upstream manholes free of excessive debris/signs of overflow? n n n
Are floats/controls for pumps/alarms operable? 11 ® n
Is"auto polling"feature/SCADA present? n n M n
Is"auto polling"feature/SCADA operational? n n N n
Is simple telemetry present? n n n
Is simple telemetry operational? ® n n n
Are audio and visual alarms present? i1 n n
Are audio and visual alarms operable? ® n n fl
Is the Pump station inspected as required? n n n
Are backflow devices in place? n n ❑
Are backflow devices operable? ® ❑ n n
Are air relief valves in place? n ❑
Are air relief valves operable? n Q ® n
# Is an emergency generator available? M ❑ n 11
Can the emergency generator run the pumps? n ❑ n
Is the pump station equipped for quick hook-up? ❑ ■ ❑ n
Page: 13

-- - --Permit:WQCS00307- Owner-Facility:Town of Canton -
Inspection Date: 11/19/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Is the generator operable? n n ■ n
#Is fuel in tank and sufficient? n n ■ n
Is the generator inspected according to their schedule? n 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 n n
Is the pump station free of signs of overflow? ■ n n n
Are run times comparable for multiple pumps? yes
Comment: Site would probably not be accessible during major flooding
i
i
Page: 14

,rs.
D►EIN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 3, 2009
Gregory Taveras, Manager Operations
Feldspar Corporation
PO Box 309
Spruce Pine NC 28777
Subject: NOTICE OF VIOLATION
NOV-2009-DV-0329
Permit No.NC0000353
Spruce Pine Facility
Mitchell County
Dear Mr. Taveras:
A review has been conducted of the Spruce Pine Facility's self reported Bypass 5-Day Report
submitted by Feldspar Corporation. This review has shown the subject facility to be in violation
of the requirements found in NPDES Permit NC0000353 and/or G.S. 143-215.1(a)(1). The
violation that occurred is summarized below:
Area Violation Date Description Violation
Type
Bypass of Treatment 11/04/2009 Wastewater Bypass Discharge
Without Valid
Permit
Remedial actions should be taken to correct this problem. The Division of Water Quality may
pursue enforcement action for this and any additional violations of State law.
You should address the causes of noncompliance and all actions taken to prevent the recurrence
of similar situations and respond in writing to this office within 10 days of receipt of this letter. If
you should have any questions, please do not hesitate to contact Keith Haynes at 828-296-
4500.
Sincerely,
Roger C. Edwards
Surface Water Protection Secticn Supervisor
Division of Water Quality
Cc: Central Files
Enforcement Files
64)SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 Naturally
Internet: www.ncwaterquality.org
An Equal Opportunity\Affirmative Action EmployerG:\WPDATA\DEMWQ\Mitchell\Feldspar 003531NOV-2009-DV-0329.doc

NMERR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 3, 2009
Mr. Mike Pettyjohn,P.E.
Division Engineer
N.C.Department of Transportation
Post Office Box 250
North Wilkesboro,North Carolina 28659
Subject: Inspection
US Highway 321
DWQ Project No. 041246
TIP No. R-2237B
Caldwell County
Dear Mr. Pettyjohn:
On November 25,2009,I visually inspected the construction work on US Highway 321 in Caldwell County
and the project appeared to be in good shape. Construction work is primarily taking place at the southern end
of the project. The erosion and sedimentation control structures,vegetative covering, mulching and matting
appear to be working properly.
Continue to ensure that all sediment and erosion control structures are maintained and that seeding and
mulching are performed as needed to protect downstream waters. Please refer to the attached inspection report
for additional comments and recommendations.
If you have questions,please call me at 828-296-4500.
Sincerely,
A14'�
Z
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Frank Gioscio,P.E.
Heath Slaughter,Division 11,DEO
Neil Trivette, Roadside Environmental
Transportation Permitting Unit
Niki Maher,NPS Assistance and Compliance Oversight Unit
Mike Parker,Asheville Regional Office
(Pettyjohn)US Highway 321 November 2009 Inspection
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 1�TOne t,
Internet:www.ncwaterquality.org iv OT/t�hC/jarollina
An Equal Opportunity 1 Affirmative Action Employer N'"'''r�+'"''l'ff

DWQ Site Visits for DOT Projects
Field Sheet
DWQ representative: Michael R.Parker Date: November 25,2009
County: Caldwell Region: Asheville
DOT Division: Division I I
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 4:1 NW Permit#: IP#: 3481
Project Name: U S Highway 321 Widening
Location of Project: US 321 North of Lenoir to South of Blowing Rock,NC
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities(DOT): Water Quality Concerns (DWQ):
❑ Bridge ❑ Steam Standards Violation
X❑ Culvert X❑Turbidity
❑ Bottomless Culvert ❑Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
X❑Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E& S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration ❑ Fill
❑ Buffer Restoration ❑ Other
❑ Bank Stabilization
X❑ Other
Additional Wetland Impacts: ❑yes X❑ no Estimated Acres
❑Zone 1 Est Acres Cs ❑ 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 impactift/ ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation❑Prohibited

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 ❑303d Listed ❑WS-II ❑WS-V ❑SB
X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW
❑HQW ❑WS-I X❑WS-IV ❑SA ❑CA
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: Flo_ 1/101h acre X❑1/111h to 1/3`d acre 0.16 acres
❑1/3rd to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet
Additional comments:
Compliance Issues Identified: ❑Yes X❑No
Compliance issues identified: ❑Yes ❑No
If yes, complete the section below:
Looked at entire project. Most work is taking place at the southern ends of the project. Some
other work such as shoulder work and repair of the slide areas are taking place along the rest
of the project.
Please continue to monitor the steep slope and blasting at the southern end of the project.
Steep slopes and sediment could pose a problem if not properly controlled. The area along
NCSR 1370 (Kirby Mountain Road) appears to be stable at the present time. This area should
be watched carefully and additional sediment and erosion measures may be required.
Continue to maintain sediment and erosion control structures to protect state surface waters.
11-25-09 US 321 Inspection Report

&.19 J
L
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 3,2009
Mr. Mike Pettyjohn,P.E.
Division Engineer
N.C. Department of Transportation
Post Office Box 250
North Wilkesboro,North Carolina 28659
Subject: Stormwater Inspection
US Highway 321
DWQ Project No. 041246
TIP No. R-2237B
Caldwell County
Dear Mr. Pettyjohn:
On November 25,2009, I conducted a stormwater inspection for the US Highway 321 construction project in
Caldwell County. The rainfall data and erosion control records appear to be maintained in good order. Mr.
Dennis Lawson is doing a good job in keeping up with this information.
Continue to ensure that these records are maintained during the life of the project. Please refer to the attached
inspection report for additional comments and/or recommendations.
If you have questions,please call me at 828-296-4500.
Sincerely,
t R.
gt--
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Frank Gioscio,P.E.
Heath Slaughter,Division 11,DEO
Neil Trivette, Roadside Environmental
Transportation Permitting Unit
Niki Maher,NPS Assistance and Compliance Oversight Unit
Mike Parker,Asheville Regional Office
(Pettyjohn)US Highway 321 November 2009 Stormwater Inspection
Location:2090 U.S,Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 One
Internet:wvvw.ncwaterquality.org NorthCarofii.na
An Equal Opportunity 1 Affirmative Action Employer Nahmally

Form A June 20ti3
Lai e M,soecfion form- Co,7striecfion Stormyyafer Per,m;f lilr'DIES AICGO'10000
�w
Site Name: ��IC�2i��l;G �;� ra�0 3
Inspector: �5c EGG �+t- 1 Dk'Q Inspection date; (A\1j��ltli�_ ems"
Location:
2. County: (A2) a j 2r � m 5. Stream. (Aa)
3. Basin: (A2) lc to A �1 _ o. Class: A�7
4. Location description:
[Topographical tdcinihl map of site is a<<ached for case file]
7. land disturbance due to construction/development? (A7) e
8. On-site representative available during inspection?
(AS) r von �rao
r" r;
Name(s) 'R
Titles) ItA
Agi
Employer S,
9. Erosion and Sedimentation Control Dian part 1. Section A: No.2.
is a copy of the approved plan on site and available for review? (A9) :r- v NO Not
Inspacted
10.Rain Gauge(part 1. Section B. No. 1.)
Is a rain gauge present on the site at the time of inspection? (A10) .. :r rap Not
Inspeale d -
11.Main Gauge Data( Fart 1.Section B. No. 1.j
Is rain gauge data measured and recorded? (Al 1)
Inspected'
Data from past 14 da s:
Week 1 Date /
Amount-
Date:
Week 2
Arnoant . ( d�dr D,1
12. Minimum Monitoring & Record Keepinci (Part 1. Section B. Nr 3��
Are inspection records of erosion&sedimentation control facilities complete&avail abja-QLi request?
(Al2) F Not
Dates of documented inspections during the past 14 days: Ins'zoted
Week 1: -
Week 2:Wifrll
13.Sedimentation impacts to waters: 14. Linear ft of stream Impacts_
Typical range of sediment depth: (A13a) to (A 14)
Maximum depth of sediment: (A13b)
15.Photo Documentation: Were photos taken? (Al5) ,.r v-4 = ,r- No
Photos(1.impacted water,2.sedimentation depths,3,sediment control measures, and 4.tin-impacted upstream.eaters)
and skelch/map of where photos were taken are attached for case file
18.Notes
t; t
I
'Project personnel not available during DVIC site inspection
1-4

N DENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 3, 2009
Mr. J. B. Setzer,P.E.
Division 14 Engineer
N.C.Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection-US Highway 64
DWQ Project 08-0396
TIP No. A-0011 BB
Clay County
Dear Mr. Setzer:
On November 18,2009, I inspected the construction work on US Highway 64 in Clay County and the project
appeared to be in good shape. Construction work consists of heavy grading. The erosion and sedimentation
control structures,vegetative covering, and matting appear to be working properly.
Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and
mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached
to this letter.
If you have questions, please call me at 828-296-4500.
Sincerely,
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: W. Trent Anderson
Mark Davis, Division 14,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Niki Maher,NPS Assistance and Compliance Oversight Unit
Mike Parker,Asheville Regional Office
(Selzer)US Highway 64 Inspection Letter November 2009
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One 1
Customer Service:1-877-623-6748 NOfthCarolina
Internet:www.ncwaterguality.org ;�'/�� t!KfN�//y
An Equal Opportunity 1 Affirmative Action Employer � i tt

DWQ Site Visits for DOT Projects
Field Sheet
DWQ representative: Michael R.Parker Date: November 18,2009
County: Clay Region: Asheville
DOT Division: Division 14
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 08-0396 1 NW Permit d IP
Project Name: U S Highway 64 Widening A-0011 BB
Location of Project: U S 64 from east of Hiwassee River to east of NC Highway 175 in Clay County
Project Complete: ❑Yes X No If no, estimated date of completion: I —
Activities (DOT): Water Quality Concerns(DWQ):
❑ Bridge ❑ Steam Standards Violation
X❑ Culvert X❑Turbidity
❑ Bottomless Culvert ❑Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
X❑Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E& S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration X❑ Fill
❑ On-site Stream Relocation ❑ Buffer Impacts(see below)
❑ Buffer Restoration ❑ Other
X❑ Bank Stabilization
❑ Other
Additional Wetland Impacts: ❑yes X❑ no Estimated Acres 71
❑ 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 ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation❑Prohibited

DWQ Site Visits for DOT Projects
Background Info
Name of Waterway(s): Downing Creek,John Reese Branch,Byers Branch,Chatuge Lake and
unnamed tributaries to Hiwassee River
Basin/Subbasin: Hiwassee 040501
Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US)
Stream Class: X❑Class B 0303d Listed ❑WS-II ❑WS-V ❑SB
X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW
❑HQW ❑WS-I ❑WS-IV ❑SA ❑CA
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: X❑0— 1/101h acre ❑1/11`'to 1/3`d acre
❑1/3`d to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet
Additional comments:
Reviewed project with DOT staff. Pipe and culvert installations are complete.Grading is continuing with new
areas under construction. Sediment and erosion control structures appear to be working properly. Seeding
and/or matting should be performed as new areas are graded. New waste area at church has been opened up.
Some slope and bare areas need to be seeded. Continue to maintain erosion control devices and continue with
seeding and matting as required to protect State surface waters.
US Highway 64 Inspection November 2009

a
MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 4, 2009
Mr. Chad Plemmons
Sustainable Enterprises, LLC
5400 Pigeon Road
Waynesville,NC 28786
791 Frazier Road
Canton,NC 28716
Subject: Regulated Activities for Surface Water Impacts -Information
Sustainable Enterprises, LLC
Haywood County
Dear Mr. Plemmons:
On December 1, 2009, Susan Wilson and Kevin Barnett from the Asheville Regional Office of the Division of
Water Quality (Division) conducted a site inspection at property registered to Sustainable Enterprises, LLC
--long US Highway 276 in Haywood County. The inspection was in response to a complaint received by the
,vision.
While no water quality violations were noted during the site inspection, you should be aware that a
jurisdictional stream exists on the property at the NCDOT culvert(near the speed limit sign along US Highway
276) transecting this corner of the subject lot. Should you intend to culvert that portion of the stream that runs
along the north and east side of the property, you will need to obtain the appropriate permit through the Army
Corp of Engineers (and possibly written concurrence through the Division of Water Quality). You should
contact the Army Corp at(828) 271-7980 if you plan to further extend the culvert that is currently in place on
your property.
Should you have any questions about the location of the jurisdictional stream or the permitting requirements,
please call me at 828-296-4500.
Sin rely,
Susan A. Wilson, P.E.
Surface Water Protection, Asheville Regional Office
cc: Lori Beckwith-US Army Corps of Engineers Asheville Field Office
Haywood County Erosion Control Office
ARO File copy
G:\WPDATA\DEMWQ\Haywood\Complaints-Misc\Plemmons-Sustainable Enterprises site 12 2009.doc
Location:2090 U.S.Highway70,Swannanoa,North Carolina 28778
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 One
Internet:www.ncwatercluality.org No.rthCaroli.n.a
An Equal Opportunity\Affirmative Action Employer Aahmallil

Surface Water Protection
Asheville Regional Field Office
Division of Water Quality
December 7, 2009
Memorandum:
TO: John Hennessy
NPS-ACO Unit Supervisor
FROM: Edwards
6 Mlle Regional Office
PREPARED BY: Chuck Cranford j9
SUBJECT: Enforcement Recommendation
SITE: Queens Gap
COUNTY: Rutherford
ENTITIES: Long Mountain 442 Acres, LLC
Queens Gap Mountain, LLC
Burt Baine c/o Devin McCarthy Land Development
Queen's Gap Investments, LLC
Enclosed is an enforcement recommendation package for the entities listed above.
Chuck Cranford of this Office conducted a site inspection on July 2, 2009 and September 15,
2009. Notices of Violation and Recommendations for Enforcement were issued on July 14, 2009
(NOV-2009-PC-0615) and September 29, 2009 (NOV-2009-PC-0817). On August 18, 2009, a
response to the DWQ Notice of violation NOV-2009-PC-0615 was received in this office. The
response was determined to be inadequate—all stream impacts had not been included in the
planned remediation efforts. The September 15, 2009 site visit revealed additional in-stream
waste impacts and NOV-2009-PC-0817 was issued in response,which included a continuation of
NOV-2.009-PC-0615. To date, no additional response has been received regarding the
outstanding NOVs.
The current status of the site is as described in the two NOVs.
The impacts have resulted in the following violations:
NOV-2009-PC-0615
® Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B
.0211 (3)f—Approximately 2,400 feet of two unnamed tributaries to Stone Creek

Queens Gap Enforcement
Page 2 of 4
(classified C/Tr) was impacted by sediment deposition and rip-rap fill upwards of 24
inches throughout the stream reach,representing Water Quality Stream Standard
violation of 15A NCAC 02B .0211 (3) (f)
® 401 WQC Condition Violations —WQC003754, approved on August 26, 2008,
specified that the activities must adhere to, among others, the following conditions:
Sediment and Erosion Control
2. 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. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
3. 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 404/401 Permit
Application. 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. Sediment and erosion control measures shall not be placed in wetlands or waters
without prior approval from the Division. If placement of sediment and erosion
control devices in wetlands and waters is unavoidable, design and placement of
temporary erosion control measures shall not be conducted in a manner that may
result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or
upstream and downstream of the above structures. All sediment and erosion
control devices they shall be removed and the natural grade restored within two
(2) months of the date that the Division of Land Resources or locally delegated
program has released the project.

aeens Gap Enforcement
Page 3 of 4
NOV-2009-PC-0817
Construction Stormwater Permit NCG.OI.0000 - A Construction Stormwater Permit
(NCGO10000) is issued upon the approval of an Erosion and Sedimentation Control
Plan for sites greater than one acre. The NC6010000 Permit authorizes discharge of
stormwater under the National Pollutant Discharge Elimination System (NPDES) in
accordance with Title 15 A North Carolina Administrative Code 2H.0100.
a. Rain Gauge (Part I. Section D. No. 1.) A rain gauge was not observed on the site
at the time of inspection.
b. Rain Gauge Data (Part I. Section B. No. 1.) Rain gauge data, measured daily,
has not been made available for review.
e. Schedule of Compliance (Part I. Section C. No. 2) Failure to operate and
maintain stormwater controls to optimum efficiency as cited by Division of Land
Resources Notice of Violation dated September 24, 2009, represents a violation of
NCGO10000 Permit.
d. Minimum Monitoring and Record Keeping (Part I. Section D. No. 3)
Inspection records of erosion & sedimentation control measures and stormwater
discharges, collected weekly and after every half-inch or greater rain event, have
not been made available for review.
e. Final Limitations and Controls for Stormwater Discharges (Part I. Section A.
No.2) Failure to follow Erosion Control Plan' as cited in Division of Land
Resources Notice of Violation dated September 24,2009,represents a violation of
- NCGO10000 Permit.
f. 'Twenty-four hour Reporting (Part 11. Section E. No.3) The lack of
notification to DWQ regarding sediment loss represents violations ofNCG010000
Permit.
® Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B
.0211 (3)f—Approximately 1,500 feet of Stone Creek(Classified C/Tr) was impacted
by the deposition of sediment and gravel measuring from three (3) to twelve (12)
inches deep throughout the stream reach, representing Water Quality Stream Standard
violation of 15A NCAC 02B .0211 (3) (f)
® 401 WQC Condition Violations—WQC003754, approved on August 26, 2008,
specified that the activities must adhere to, among others,the following conditions:
Sediment and Erosion Control
2. 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:

Queens Gap Enforcement
Page 4 of 4
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. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
3. 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 404/401 Permit
Application. 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.
DWQ has no record of past violations for Long Mountain 442 Acres, LLC and Queens Gap
Mountain, LLC. However, a NOV for NCGO1 conditions and In-stream Waste standards was
issued to Queens Gap and the Devinshire Land Development, LLC with Burt Baine as agent.
Enforcement Costs:
Chuck Cranford 38 hours @ $25.84 $ 981.92
Roger C. Edwards 2 hours @ $40.44 $ 80.88
Mileage 370 miles @ $0.43/mile $ 159.10
Central Office Review and Processing $ 100.00
Total. $1,321.90

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Dee Freeman
Governor Director
Secretary
December 7, 2009
City of Lenoir-Greenway Trail
Charles Beatty
801 West Avenue
Lenoir,NC 28645
Subject: 401 Water Quality Certification -Approval
Lenoir Greenway
DWQ Project# 09-1141
Caldwell County
CTB /Zacks Fork Creek/ 11-39-1 /Class C
Dear Mr. Beatty:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
-Approval has been granted to place fill within or otherwise impact 80 feet of streams for the purpose of
Streambank Stabilization along the Lenoir Greenway Trail Project. This approval requires you to follow the
conditions listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3689. This Certification allows
you to use Nationwide Permit 13 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control and Stormwater
regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Stream 80 (feet) S 1
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCarolina
Internet:www.ncwaterquality.org
Natul'aliff
An Equal Opportunity 1 Affirmative Action Employer

._... _.....
City of Lenoir-Greenway
December 7,2009
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an ad judicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Linda Wiggs in the Asheville Regional Office at
828-296-4500.
Sincerely,
ix� _.
V G`
Coleen H. Sullins, Director
CHS/lsw
Enc: GC3689
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
JAI JALARAM BAPA LLC-Urmil Patel
206 Blowing Rock Blvd.
Lenoir,NC 28645
McGill Associates-Dave Richmond
1240 191h Street, Lane NW
Hickory,NC 28603
G:\WPDATA\DEMWQ\Caldwell\441 s\09-1141 LenoirGreenwayApproval.doex

'A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Goleen H. Sullins Dee Freeman
Governor Director Secretary
December 7, 2009
Bo Murphy
Marion Retail Inv. LLC
1415 Stuarts Engals Boulevard
Mount Pleasant, South Carolina 29646
Subject: Request for More Information
401 Water Quality Certification
Wal-Mart Supercenter- Marion
DWQ Project#2009-1020
McDowell County
Response deadline: January 4, 2009
Dear Mr. Murphy:
The Division of Water Quality (DWQ)has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced property. Additional information will be required in order to
complete the review process.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Application Item A. 3. & 4. Applicant Information
The submitted application has conflicting and/or unclear language regarding the final
disposition of this property and project. While the application shows 12 parcels of property and
8 discrete property owners (one of which is a State Government Agency),the applicant is a
corporate entity, not registered with the North Carolina Secretary of State's Corporation
database, owning none of the properties on question, and not providing any agent's agreement
nor any contract to purchase documentation in the application. Electronic coorespondance has
not resulted in a clear understanding as to who will be ultimately responsible for the long term
maintenance of the requested fill activities, nor the requested stormwater retention and treatment
devices.
You must submit additional documentation(such as agreements to purchase) or agent
authorization forms for the property owners such that this agency understands that the applicant
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]M FAX:[phone] Customer Service:1-877-623-6748 Nor�li L.0 a��3i tln a
Internet:www.ncwaterquality.org 1.r U1
;V tta ly
An Equal Opportunity 1 Affirmative Action Employer

. . .......... .
Marion Retail,LLC
December 7,2009
Page 2 of 3
has the authority to request approval to perform work on the properties in question.
Additionally, the applicant needs to be the party that will be responsible for the maintenance of
the requested fills and the operation and maintenance of the storm water devices for the life of
the project(ie: Wal-Mart and Marion Retail Investments, LLC should be co-applicants and
Marion Retail Investments, LLC will have to provide documentation that they are registered with
the NC Secretary of State and a NC LLC.)
2. Application Item D. 1. Avoidance and Minimization
In the application, it is discussed that 147 linear feet of stream must be filled to provide access to
this development site. As the proposed fill is at the origin of the stream, a discussion as to why
the driveway cannot be shifted north to avoid the stream, in part, or in whole, must be provided.
3. Application Item E. 2. Stormwater Management
A clear explanation of upon whose property the stormwater treatment units will be located, and
O&M forms clearly defining who will operate and maintain the treatment system for the life of
this project. Additionally, as requested from our Central Office Stormwater review staff, you
must provide the following:
(1) The Required Items Checklist(Part III of BMP Supplement Form) and all listed items
that have not been submitted. These include
i. Entire site grading at 1" : 50' or larger scale on full size plan sheets (24 x 36")
showing the footprints of all buildings, driveways, roads, sidewalks, amenities,
stormwater BMP, etc along with existing and proposed topographic contours;
ii. Delineated drainage areas on the full size plans;
iii. Detailed plan and cross sectional views of the proposed stormwater BMP showing
pertinent features, major components, zones,pool levels, bottom and top
elevations, side slopes, detailed outlet structure, etc (at appropriate scales as listed
in the Required Items Checklist);
iv. Signed and notarized Operation&Maintenance Agreement for the stormwater
BMP;
V. Construction sequence and planting plan(schedule) for the proposed wet pond;
vi. Buoyance calculations for the outlet structure;
vii. Erosion and sediment control (E&SC) plan(approved or submitted for review);
viii. A soils report that is based upon an actual field investigation, soil borings, and
infiltration tests. Please clearly indicate the location(elevation) of the Seasonal
High Water Table (SHWT) in the report. County soil maps are not an acceptable
source of soils information.
(2) Please note that,as per your hydrologic study report, the undisturbed areas that were
not included in the hydrologic analysis shall not be disturbed in a way that will impact
the stormwater BMP without written approval (stormwater modification) from the
DWQ. This office is therefore asking you to identify those areas on the plans and add a
notation to that effect.
�J
Please provide your response in writing to the following addresses on, or before, January 4, 2009. Four copies
of the required information should be provided to the 401 Permitting Unit at:

Ms. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh,NC 27699-1650
and a single copy to the Asheville Regional Office at:
Kevin Barnett
Surface Water Protection Section
2090 US HWY 70
Swannanoa,NC 28778
If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and
we will consider the project withdrawn.
This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application are not
authorized(at this time)by the DWQ. Please call Kevin Barnett 828-296-4657, if you have any questions.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Ronald Spears, S&ME, Inc.
One Marcus Drive, Greenville, South Carolina 29615
Liz Hair-US Army Corps of Engineers Asheville Field Office
David McHenry-North Carolina Wildlife Resources Commission
Cyndi Karoly - 401 Permitting Unit
McDowell County Planning
ARO File copy
G:\WPDATA\DEMWQ\Mcdowell\401 s\09-1020.MarionWalMart.AddInfo.doc

���
/�� /
�\
� i

RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 8,2009
David Fortin
Post Office Box 3584
Morganton.North Carolina 28680
Subject: 401 Water Quality Certification-Approval
David Fortin LOT 116
DWQ Project#20091268
Burke County
CTB30/Lake James/ l l-(23)/Class WS-V,B
Dear Mr.Fortin:
The DWQ has completed the review of your 401 Water Quality Certification application associated with the subject
project listed above.
Approval has been granted to place fill within or otherwise impact 83 linear feet of shoreline for the purpose of shoreline
stabilization and water access at the subject property. This approval requires you to follow the conditions listed in the
attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows you to use
Regional General Permit 30 when issued by the US Army Corps of Engineers(USACE). Authorization to proceed with
your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the corresponding USACE General Permit Verification. In addition,you
should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your
project including(but not limited to)Erosion and Sediment Control and Catawba Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,you must
notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of this
Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Waters 183 (linear feet) Stabilization
Additional Conditions
1. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive
velocities through the protected stream buffers such that it will not re-concentrate before discharging into waters.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCarolina
Internet:www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

Strife Shoreline Stabilization
December 8,2009
Page 2 of 2
2. Burke County Catawba Buffer Ordinance
The proposed project must comply with the Burke County local riparian buffer ordinance approved by the
Division of Water Quality under the Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers, 15A NCAC 02B .0243(b).
3. Turbidity Standard
The turbidity standard of 25 NTUs(Nephelometric Turbidity Units)shall not be exceeded as described in 15 A
NCAC 2B. .0200.Appropriate sediment and erosion control practices must be used to meet this standard.
4. Rip-Rap Installation
Riprap shall be placed as a linear protective measure upon the natural or re-graded slopes. Stone used in
stabilization shall be a random size,varying from Class B rprap up to 6 feet in diameter to provide additional
wildlife habitat. All exposed soils above the Riprap stabilized area shall be replanted in accordance with the
attached Guidelines for Riparian Buffer Restoration.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),
you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a
hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. This certification and its conditions are
final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at 828-296-4657.
Sincerely,
Coleen H. Sullins,Director
CHSIkhb
Eric: GC3693
Certificate of Completion
Catawba River Buffer Rule
Guidelines for Riparian Buffer Restoration
cc: Carissa Castle, Bernick Enterprises,LLC-Ecopy
USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
G:\WPDATA\DEMWQ\Burke\401 s\09-1268.Fortin.ShorelineStabil.approval.doe

RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 9, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED -- 7007 1490 0004 0713 8618
TKC CX, LLC
Kenneth R. Beuley, Member
5939 Carnegie Boulevard
Suite 200
Charlotte, North Carolina 28209
Subject: NOV-2009-CV-0009
Notice of Violation / Notice of Intent to
Enforce
for Construction Without a Permit
Tractor Supply Store-Franklin, N.C.
Macon County
Dear Mr. Beuley:
The Asheville Regional Office is in receipt of information that acknowledges operation
and occupancy of the subject Tractor Supply Store located at 3077 Georgia Road,
Franklin, N.C. 28734. This letter is to notify you that the Asheville Regional Office,
Surface Water Protection Section is considering sending a recommendation for
enforcement action to the Director of the Division of Water Quality.
The recommendation concerns the violation by TKC CX,LLC of which you are listed as
the responsible party, of North Carolina General Statute 143-215.1(a), North Carolina
Administrative Code 15A NCAC.02T,.0104 which states,"No person shall do any of the
things or carry out any of the activities contained in G.S. 143-215.1(a) until or unless
the person shall have applied for and received a permit from the Division (or if
appropriate a local program approved by the Division pursuant to this Subchapter) and
shall have complied with the conditions prescribed in the permit or is deemed permitted
by rules in this Subchapter."
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 1
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 N®rthCarolina
Phone:[phone]OM FAX:[phone] Customer Service:1-877-623-6748 �yt'/y� /
Internet: www,ncwaterquality.org �atut ailff
An Equal Opportunity 1 Affirmative Action Employer

Mr. Kenneth R. Beuley
December 8, 2009
Page 2 of 2
If you have an explanation for this violation that you wish to present, please respond in writing within
15 (fifteen) days following receipt of this Notice. Your explanation will be reviewed and if an
enforcement action is still deemed appropriate, your explanation will be forwarded to the Director with
the enforcement package for his/her consideration.
If you have any questions regarding this matter, please contact Don Price at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
Cc: Town of Franklin
PERCS Files
ARO Files
1
G:\WPDATA\DEMWQ\Macon\NOV 2009 CV 0009.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
December 9, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8601
Mrs. Shelley McCoy Alexander
42 Dalton Road
Mills River,North Carolina 28759
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 NCO03 3 251
Shelley McCoy Alexander
Camp Highlander WWTP
Case No. LV-2009-0434
Henderson County
Dear Mrs. Alexander:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$267.00
($200.00 civil penalty+ $67.00 enforcement costs) against Shelley McCoy Alexander.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Shelley McCoy Alexander for the month of July 2009.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NCO03325 1. The violations which occurred in
July 2009 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Shelley McCoy Alexander violated
the terms, conditions or requirements of NPDES Permit NCO033251 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, 1, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment
against Shelley McCoy Alexander:
ne
NOorthCarolina
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S. Highway 70,Swannanoa,NC 28778
Phone: [phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwater_qL,

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0033251, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD - Cone.
1 of the 1 violations of G.S. 143-215.l(a)(6) and NPDES Permit No.
$100.00 NC0033251,by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD - Cone.
1 of the 1 violations of G.S. 143-215.l(a)(6) and NPDES Permit No.
$100.00 NC0033251, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for Fecal Coli.
$200.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$267.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 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
deterinining whether a remission request will be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit:the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OIL
3. File a petition for an administrative hearing with the Office of Administrative
Bearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an
attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a
filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings

within seven (7) business days following the faxed or electronic transmission. You should contact
the Office of Administrative Hearings with all questions regarding the filing fee and/or the details
of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment. If you have any questions, please contact Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely, J
c ��
Roger. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/attachments
Treveo/ORC w/attachments

JUSTIFICATION FOR REMISSION I EQUEST
DWQ Case Number: LV-2009-0434 County: Henderson
Assessed Party: Shelley McCoy Alexander/Camp Highlander
Permit No.: NCO033251 Amount Assessed: $267.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained.in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.I(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) AIDMINSTRATIVE HEARING AND
STIPULATION OF FACTS
SHELLEY MCCOY ALEXANDER/ )
CAMP HIGHLANDER }
PERMIT NO. NC0033251 ) FILE NO. LV-2009-0434
Having been assessed civil penalties totaling $267.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated December 9, 2009, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 11, 2009
Mr. Dennis J. Whitson
3800 Sugarhill Road
Marion, North Carolina 28752
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0160
Permit No. NCO079481
Harmony Estates WWTP
McDowell County
Dear Mr. Whitson:
A review of Harmony Estates WWTP's monitoring report for August 2009 showed the following violation:
Parameter Date Measuring Violation
Frequency
Total Residual Chlorine Week of 7/26/2009-8/01/2009 Twice Weekly Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked"Compliant"when in fact it should
have been marked "Non-Compliant"with an explanation of the reason for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement
action for this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this office
within 10 (ten)working days of receipt of this letter. You should address the causes of non-compliance and all actions
taken to prevent the recurrence of similar situations.
If you should have any questions, please do not hesitate to contact Janet Cantwell at 8281296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
Water Tech Lab&Operations/ORC
One
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$ ,„ NorthCarolma
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.nrwaterguality.org FAX [phone] 1-877-623-6748

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 11, 2009
Mr. Seth Hendler-Voss
City of Asheville, Parks, Recreation, and Cultural Arts
70 Court Plaza
Asheville,NC 28801
Subject: Request for More Information
401 Water Quality Certification
French Broad River Greenway Extension Bank Stabilization
DWQ Project# 09-1164
Buncombe County
Response deadline: January 11, 2009
Dear Mr. Hendler-Voss:
:he Division of Water Quality (DWQ) has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced property. Additional information will be required in order to
complete the review process.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Because the property owner is Mr. Tony Wilson, he needs to provide delegated authority to the
City of Asheville for work on his property or he needs to sign the application(the PCN form).
The City should consider using a larger size rock at the toe of the slope to ensure long term stability.
Please provide you,response in writing to the addresses below January 11, 2010. Four copies of the required
information should be provided to the 401 Permitting Unit at:
Ms. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh,NC 27699-1650
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Oile
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 No
Internet:www.ncwaterqual4.org 1 c�rthCa1011n.a
-V�tl��'ll��lf
An Equal Opportunity 1 Affirmative Action Employer

Mr.Hendler-Voss
December 11,2009
Page 2 of 2
and a single copy to the Asheville Regional Office at:
Ms. Susan A. Wilson
Surface Water Protection Section
2090 US HWY 70
Swannanoa,NC 28778
If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and
we will consider the project withdrawn.
This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Susan A. Wilson at 828-296-4500, if you have any
questions.
Sincerely,
3 l
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Liz Hair-US Army Corps of Engineers Asheville Field Office
Cyndi Karoly- 401 Permitting Unit
ARO File copy
G:\WPDATA\DEMWQ\Buncombe\401s\French Broad greenway Wilson prop\Addlnfo French Broad river greenway 12 2009.doc

A1 ®l
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
December 11, 2009
Ms. Susan Hardy, Executive Director
Stone Mountain School
126 Camp Elliott Road
Black Mountain,NC 28711
Subject: Follow-up to Notice of Violation and Recommendation for Enforcement
Stone Mountain School
NOV-2009-SS-0003
Buncombe County
Dear Ms. Hardy:
The Division of Water Quality (Division) received the Final Post-Construction Report for the
Stream Enhancement and Sediment Removal submitted by McGill Associates, P.A. dated October
29, 2009.
Chuck Cranford and 1, of this office, conducted a follow-up site visit on December 4, 2009. During
the site visit, it was noted that one of the structures (the third structure down from the spillway) had
failed and must be repaired. In addition, the vegetated buffer is not yet complete with plantings in
the 25 foot Trout buffer area. The Division understands that Stone Mountain School will continue
to work with McGill Associates in resolving these issues.
The stream enhancement work and sediment removal, along with anticipated completion of the
additional corrections stated above, will satisfactorily resolve the subject Notice of Violation and
Recommendation for Enforcement. I will conduct another site visit in the spring of 2010 to ensure
that the corrections have been completed.
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE �7One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 1a ofth arohna
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 9� �s��//d
Internet: www.ncwaterquality.org ��/ C2 1`a//�
An Equal Opportunity 1 Affirmative Action Employer

Ms.Hardy
December 11,2009
Page 2 of 2
This letter in no way precludes this Office for taking action on this or any other violation.
Violations are subject to civil penalty assessment of up to $25,000.00 per day for each
violation. Should you have any questions regarding these matters, please contact me at(828) 296-
4500.
Sincerely,
f� / /r
san A. Wilson, P.E.
Surface Water Protection Section
cc: ARO File Copy
DWQ Central Files
Dale Pennell, PE, PLS, McGill Associates
Buncombe County Planning
Liz Hair, USACE Asheville Office
G:\WPDATA\DEMWQ\Buncombe\Complaints\StoneMtnSchool\NOV Response Closure 12 2009.doc

1�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 11, 2009
T.M. Kaney
Wolf Laurel Road Maintenance and Security, Inc.
63 Village Lane
Mars Hill,NC 28754
Subject: 401 Water Quality Certification -Approval
Wolf Laurel Bridge Replacement
DWQ Project# 09-0979
Madison County
FRB04/ Wolf Laurel Branch/6-112-5-2 /C, ORW, HQW
Dear Mr. Kaney:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
approval has been granted to place fill within or otherwise impact 50 feet of stream for the purpose of replacing
an existing 40 year old bridge with a triple culvert system(one elliptical culvert for base flow and two flanking
elliptical culverts for flood control) at the subject property. This approval requires you to follow the
conditions listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3704. This Certification allows
you to use Nationwide Permit 14 (Linear Transportation Projects) when issued by the US Army Corps of
Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application and as authorized by this Certification shall expire upon expiration of the
corresponding USAGE Permit Verification. In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you proceed with your project including (but not limited to)
Erosion and Sediment Control regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 T�TOne
Phone:[phone]t FAX:[phone]\Customer Service:1-877-623-6748 1y orthCarolina
Internet:www.ncwaterquality.org
lltlflalllJ
An Equal Opportunity\Affirmative Action Employer

Mr.Kaney
December 11,2009
Page 2 of 2
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Stream 50 (feet) D. 4, 5 of Plans
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an ad judicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Susan A. Wilson, P.E. in the Asheville Regional
Office at 828-296-4500.
Sincerely,
g -e t
d �
Coleen H. Sullins, Director
CHS/saw
Enc: GC3704
Certificate of Completion
cc: David Baker, USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
ARO File Copy
James B. Voso, P.E., Mattern& Craig, 12 Broad Street, Asheville,NC 28801
GAWPDATA\DEMWQ\Madison\401s\Wolf Laurel Bridge Replacement\Approval Wolf Laurel bridge replacemnt 12 2009.doc

j
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 14. 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED — 7007 1490 0004 0713 8595
Mr. Ron.:l.,ewis, County Manager
Broke County
Post Office Box 21.9
Morganton,N.C. 28680-021.9
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE
NOV-2009-DV-0351
Permit No. WQCS00324
County of Burke
Burke County Collection System.
Burke County
Dear Mr. Lewis:
A review has been conducted of Burke County Collection System's self reported Sanitary Sewer
Overflows (SSO's) 5-Day Report/s submitted by Burke County 13ngineer, Mr. Carson fisher.
This review has shown the subject facility to be in violation of the requirements found in
Collection System Permit WQCS00324 and/or G.S. 143-215.1(a)(1). The violations that
occurred are summarized below.
Area Violation Date Description Violation
Type
CSO/SSO 12/02/2009 Sanitary Sewer Overflow Discharge
(Sewer Overflow) Without Valid
Permit
Remedial actions should be taken to correct this problem. The Division of Water Quality is
considering pursuing enforcement action for this violation.
-You should a ress the causes of noncompliance and all-ac ions taken to prevent e recurrence
of similar situations and respond in writing to this office within 10 days of receipt of this letter.
If you should have any questions, please do not hesitate to contact Mr. Don Price at (828)296-
4500.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Noof htie
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 iv CaTolina
Internet: www.ncwaterquality.org h(rally
An Equal Opportunity 1 Affirmative Action Employer

Please note that due to the continued high numbers of SSO's in North Carolina the Division has
implemented a new SSO enforcement policy on May 15, 2007. Between May 15, 2007, and June
1, 2007 the Division of Water Quality will contact collection system operators to inform them of
this policy. Beginning June 1, 2007 until December 1, 2007 any reportable SSO will be issued a
Notice of Violation(NOV). Beginning on December 1, 2007 civil penalties will be issued for
SSO's based on volume, volume reaching surface waters, duration and gravity and impacts to
public health, fish kills or recreation area closures. Other factors considered in determining the
amount of the civil penalty are the violator's history of spills, the cost of rectifying the damage,
whether the spill was intentional and whether money was saved by non-compliance.
If you have any question regarding this policy please contact Mr. Don Price at(828)296-
4500.
Sincerely,
a d
Roger C. Edwards
Surface Water Protection Section Supervisor
Division of Water Quality
Asheville Regional. Office _
Cc: Central Files
PERCS Unit
Carson Fisher, Burke County
GAWPDATA\DEMWO\Burke\Burke County Collection System\NOV 2009 DV 035] doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 14, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED —7007 1490 0004 0713 8588
Mr. Mack W. Edmisten,Director Public Utilities
City of Lenoir
PO Box 958
Lenoir,NC 28645-0958
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO023736
City of Lenoir
Gunpowder Creek WWTP
Case No. LV-2009-0433
Caldwell County
Dear Mr. Edmisten :
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,317.00 ($1,250.00 civil penalty+ $67.00 enforcement costs) against City of Lenoir.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by City of Lenoir for the month of June 2009. This review
has shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NC0023736. The violations which occurred in June 2009
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that City of Lenoir violated the terms,
conditions or requirements of NPDES Permit NCO023736 and G.S. 143-215.1(a)(6) in the manner
and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-
215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
-fir nvironin and Natty
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 City of Lenoir:
NorthCarolina
NaturallySURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterauality.org G:\WPDATA\DEMWQ\Caldwell\Lenoir WWTPs\23736 Gunpowder Creek

2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$1,250.00 NC0023736, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for CADMIUM.
$1,250.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$1,317.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of.
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
nrr>>rrad or the accuracy of any of the fartiial 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 Jeff Menzel of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely, .,w-.
B
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: Regional File w/attachments
Bob Guerra/Enforcement File w/attachments '
Central Files w/attachments

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2009-0433 County: Caldwell
Assessed Party: City of Lenoir/Gunpowder Creek WWTP
Permit No. NC0023736 Amount Assessed: $1,317.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only.when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF CALDWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
CITY OF LENOIR )
GUNPOWDER CREEK WWTP )
PERMIT NO. NCO023736 ) FILE NO. LV-2009-0433
Having been assessed civil penalties totaling $1,317.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated December 14, 2009, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
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This the day of , 20
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Dee Freeman
Governor Director
Secretary
December 14, 2009
Jeff Stewart
6116 Plantation Point Dr.
Granite Falls,NC 28630
Subject: 401 Water Quality Certification - Approval
Jeff Stewart/Laurie Stewart (Miller) Lot 73
DWQ Project# 09-1172
Caldwell County
CTB /Lake Hickory-Mill Creek/ 11-57-(2) / Class WS-IV; CA
Dear Mr. Stewart:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
,kpproval has been granted to place fill within or otherwise impact 90 linear feet or 0.004 acres of open waters
or the purpose of shoreline stabilization at the subject property. This approval requires you to follow the
conditions listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including (but not limited to)Erosion and Sediment
Control and Buffer regulations. Attached are the Catawba Buffer Rules. No buffer impacts are approved for
this project.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
t is erti ication are met. o other impacts are approve inc u mg mci enta impacts:
Amount Approved (Units) Plan Location or Reference
Waters 0.004 (acres) 90 ft. Lo1973
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 Hole
NOPt11Ca141111a
Internet:www.ncwaterquality.org
lVatlfl"l�l�l,J
An Equal Opportunity 1 Affirmative Action Employer

. __...._.. ._............ ...... .. .
Jeff Stewart
December 14,2009
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Linda Wiggs in the Asheville Regional Office at
828-296-4500.
Sincerely,
Y 4-
Coleen H. Sullins, Director
CHS/lsw
Enc: GC3693
Certificate of Completion
CTB Buffer Rule
cc: 401 Permitting Unit—Central Office
File Copy
Duke Energy c/o Lake Services-EC 12 Q
Attn: Wade Harmon
PO Box 1006
Charlotte,NC 28201
G:\WPDATA\DEMWQ\Caldwell\401 s\09-1172StewartPropertyApproval.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 14, 2009
Mr. Tony Hauser, PE
Ambient Design Group, PLLC
28 North Ann St., Suite 100
Asheville,North Carolina 28801
Subject: Fast-Track Application Return
WNC Regional Livestock Center Sewer Project
Town of Canton
Haywood County
Dear Mr. Hauser:
Attached herewith is the Fast-Track Sewer Application which you submitted seeking
permission to extend 2052 feet of 6-inch gravity sewer to serve the WNC Regional Livestock
Center. The application is being returned for the following reason(s):
(1) The Application did not include two (2) copies, one original and one copy of the
completed and appropriately executed application form, as required.
I look forward to receiving a completed application(both copies). Should you have questions
or need additional information,please contact me at 828/296-4500.
Sincerely,
� �� )' I�.(J/I/.-12-
Donald R. Price, CET
WWTP Consultant
Cc: A.B. Matthews, Town of Canton Town Manager
G\WPDATA\DFMWO\Haywood\Canton Collection System\Application Retum Black WNC Livestock Centerdoc
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 Internet: www,ncwaterquality.org vV�y f /y+ //
at 6 a6L ff
An Equal Opportunity\Affirmative Action Employer

Avj'A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 14, 2009
Mr. Donnie Bassinger
Caldwell County Schools
1914 Hickory Blouvard SW
Lenoir, North Carolina 28645
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0534
Permit No. N00030783
Baton Elementary School WWTP
Caldwell County
Dear Mr. Bassinger:
A review of Baton Elementary School's monitoring report for September 2009 showed the following violations:
Parameter Date Limit Value Reported Value Limit Type
Nitrogen, Ammonia Total (as 09/30/09 3 mg/I 3.6 mg/l Monthly Average
N) -Concentration Exceeded
It was also noted that the Compliance box on the back of the DMR was marked"Compliant"when in fact it should
have been marked "Non-Compliant"with an explanation of the reason for the non-compliance.
Please refer to the permit for the correct limits forAmmonia. It has been noted that the monthly limit for
Ammonia on the DMR has been entered incorrectly since June 2009. Please make corrections on future DMRs.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement
action for this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this office
within 10 (ten)working days of receipt of this letter. You should address the causes of non-compliance and all actions
taken to prevent the recurrence of similar situations.
If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely, C.114
C Y'1. CG1 4.A�--d�-+C.
RGger C-Edwards,-Regional-Supe-rvis-or--
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
Water Tech Labs/ORC
;tr F;„nag 14 --' NorthCarolina
. NatmAdy
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org <W FAX [phone] 1-877-623-6748

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 14, 2009
Tim Barth, Town Manager
Town of Maggie Valley
3987 Soco Road
Maggie Valley, N.C. 28751
Subject: Permit No. WQ0034497
Town of Maggie Valley
Black Bear Creek
Wastewater Collection System Extension
Haywood County
Dear Mr. Barth:
In accordance with your application received November 25, 2009, and additional information
received on December 8, 2009, we are forwarding herewith Permit No. WQ0034497, dated December
14, 2009, to the Town of Maggie Valley for the construction and operation of the subject wastewater
collection system extension. This permit shall be effective from the date of issuance until rescinded,
shall be subject to the conditions and limitations as specified therein. This cover letter shall be
considered a part of this permit and is incorporated therein by reference. Please send Don Price a
copy of the "notice to proceed" issued to your contractor for this collection system extension. Please
pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be
properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-
wide collection system permit issued to the Permittee. (Also note Permit Condition 12 regarding future
flow allocation to the subject wastewater collection system.)
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.newaterquality.org
2090 US Highway 70,Swannanoa,NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

Town of Maggie Valley December 14, 2009 Page 2
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to the Town of Maggie Valley for the construction and operation of approximately 457 linear
feet of 8-inch gravity sewer; to replace and relocate existing 8-inch sewer, as part of the Black Bear
Creek Sewer project, and the discharge of"zero (0)" gallons per day of collected residential wastewater
into the Town of Maggie Valley's existing sewerage system, pursuant to the application received
November 25, 2009 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for
the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and
other supporting data subsequently filed and approved by the Department of Environment and Natural
Resources and considered a part of this permit. The sewage and wastewater collected by this system
shall be treated in the Town of Maggie Valley's Wastewater Treatment Facility (Permit No. NC0056561)
prior to being discharged into the receiving stream.
The Operational Agreement between the Permittee and the Environmental Management
Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance
with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by
North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in
accordance with the terms and conditions of this permit.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Don Price at
[phone].
Sincerely,
°J
for Coleen H. Sullins, Director
Division of Water Quality
cc: Haywood County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0056561)
Wanda H. Austin, P.E., Heaven's Rose, Inc., Engineering Services
Surface Water Protection Section Central Files
PERCS Files
G:\WPDATA\DEMWQ\Haywood\Magqie Valley Collection System\WQ0034497 Maggie Valley Black Bear Creek Sewer Extension doc

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

PERMIT NO.WQ0034497,Town of Maggie Valley Black Bear Creek Sewer Project Haywood County December 14,2009
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station
and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project
is to be completed in phases and partially certified, you shall retain the responsibility to track
further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
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

HERMIT NO.WQ0034497,Town of Maggie Valley, Black Bear Creek Sewer Project Haywood County December 14 2009
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
12. [CONSTRUCTION ONLY] This permit shall be for the construction of the wastewater collection
facilities only. No flow shall be made tributary to the subject facilities until permit modification
application is submitted (with the appropriate fee), a modified permit is issued, and the Engineer's
Certification is received and approved by the Division.
Permit issued this the 14th DAY OF December, 2009
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Cble ' H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0034497
3

PERMIT NO.WQ0034497,Town of Maggie Valley Black Bear Creek Sewer Project, Haywood County December 14,2009
ENGINEERING CERTIFICATION — POST CONSTRUCTION
System Description:
construction and operation of approximately 457 linear feet of 8-inch gravity sewer; to replace and
relocate existing 8-inch sewer, as part of the Black Bear Creek Sewer project,
Complete and submit this form to the Asheville regional office with the following:
® One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
® supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s)or storage greater than longest past three year outage reliability option selected)for any pump
stations permitted as part of this project
® Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final
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.

4 •!'
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 14, 2009
Mr. Jack Robertson
Henderson County Board Of Education
414 4th Avenue West
Hendersonville, North Carolina 28739
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0162
Permit No. N00066664
Rugby Middle School WWTP
Henderson County
Dear Mr. Robertson:
A review of Rugby Middle School's monitoring report for September 2009 showed the following violations:
Parameter Date Measuring Violation
Frequency
Temperature, Water Degree Centigrade 09/05/09 Weekly Failure to Monitor
Chlorine, Total Residual 09/05/09 2 X week Failure to Monitor
Flow 09/05/09 Weekly Failure to Monitor
pH 09/05/09 Weekly Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked"Compliant"when in fact it should
have been marked "Non-Compliant"with an explanation of the reason for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement
action for this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this office
within 10 (ten)working days of receipt of this letter. You should address the causes of non-compliance and all actions
taken to prevent the recurrence of similar situations.
If you should have any questions, please do not hesitate to contact Janet Cantwell at 8281296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
Trevco/ORC
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North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org6v, FAX [phone] 1-877-623-6748

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 14, 2009
Chris Braund, Town Manager
Town of Lake Lure
P.O. Box 255
Lake Lure, N.C. 28746
Subject: Permit No. WQ0034493
Town of Lake Lure
Humming Bird Cove Sewer Extension
Wastewater Collection System Extension
Rutherford County
Dear Mr. Braund:
In accordance with your application received November 30,2009 and additional information
received on December 3, 2009, we are forwarding herewith Permit No. WQ0034493, dated December
14, 2009, to the Town of Lake Lure for the construction and operation of the subject wastewater
collection system extension. This permit shall be effective from the date of issuance until
rescinded,and shall be subject to the conditions and limitations as specified therein. This cover letter
shall be considered a part of this permit and is incorporated therein by reference. Please send Don
Price a copy of the "notice to proceed" issued to your contractor for this collection system extension.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any
individual system-wide collection system permit issued to the Permittee. (Also note Permit Condition 12
regarding future flow allocation to the subject wastewater collection system. 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 Minimurn 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%recycled110%post-consumer paper

...__._..... .
Town of Lake Lure December 14, 2009 Page 2
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to the Town of Lake Lure for the construction and operation of approximately 100 linear feet of
8-inch gravity sewer; to serve 20 3-bedroom residences, as part of the Humming Bird Cove Sewer
Extension project, and the discharge of 8,000 gallons per day of collected domestic/commercial
wastewater into the Town of Lake Lure's existing sewerage system, pursuant to the application
received November 30, 2009 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer
Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design
Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as
applicable; and other supporting data subsequently filed and approved by the Department of
Environment and Natural Resources and considered a part of this permit.The sewage and wastewater
collected by this system shall be treated in the {wwtp owner organization) Wastewater Treatment
Facility (Permit No. NC0025381) prior to being discharged into the receiving stream.
The Operational Agreement between the Permittee and the Environmental Management
Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance
with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by
North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in
accordance with the terms and conditions of this permit.
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 Dov Price at
[phone].
Sincerely,
>-✓ ffw"L�'h..il. M'^�> &J.'+" C�lr•'4W GJl".'C4,J
for Coleen H. Sullins, Director
Division of Water Quality
cc: Rutherford County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. WWTP N00025381)
Harlow L. Brown, P.E., Brown Consultants, PA
Surface Water Protection Section Central Files
PERCS Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force
Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically
mentioned herein.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system-wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T
.0403:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 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.W00034493,Town of Lake Lure Humming Bird Cove Sewer Extension Rutherford County December 14 2009
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station
and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project
is to be completed in phases and partially certified, you shall retain the responsibility to track
further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life J
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 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

ERMIT NO.WQ0034493,Town of Lake Lure Humming Bird Cove Sewer Extension Rutherford County December 14 2009
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
12. [CONSTRUCTION ONLY] This permit shall be for the construction of the wastewater collection
facilities only. No flow shall be made tributary to the subject facilities until permit modification
application is submitted (with the appropriate fee), a modified permit is issued, and the Engineer's
Certification is received and approved by the Division.
13, [ADDITIONAL WASTEWATER FOR UNKNOWN DEVELOPMENT] If, at any time, the additional
wastewater flow volume made tributary to this sewer extension is believed to exceed the value
permitted herein, a modification shall be requested for this permit from the Division of Water
Quality to properly allocate the subject wastewater flow.
14. [FUTURE HOUSES] An additional permit amendment (complete with fee) must be requested and
received from the Division of Water Quality prior to serving any units in addition to the 20 permitted
herein.
Permit issued this the 14t" DAY OF December, 2009
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
fortole' n H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0034493
GAWPDATA\DEMWQ\Rutherford\Lake Lure Collection System\WQ0034493 Hummingbird Cove Sewer Extension.doc
3

PERMIT NO.WQ0034493,Town of Lake Lure Humming Bird Cove Sewer Extension Rutherford County December 14 2009
ENGINEERING CERTIFICATION — POST CONSTRUCTION
System Description:
construction and operation of approximately 100 linear feet of 8-inch gravity sewer, to serve 20 3-
bedroom residences, as part of the Humming Bird Cove Sewer Extension project
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s) or storage greater than longest past three year outage reliability option selected) for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
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 .tune 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.
i

+`a A
';
.r�w.e°°
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 1.1, 2009
Mr. Gene Ferguson
Big Valley Park
1914. Dellwood Road
Waynesville, N.C. 28786
Subject: Permit No. WQ0034492
Gene Ferguson
Big Valley Park
Wastewater Collection System Extension
Maywood County
Dear Mr. Ferguson:
In accordance with your application received December 2, 2009, we are forwarding herewith
Permit No. WQ0034492, dated December 14, 2009, to Gene Ferguson for the construction and
operation of the subject wastewater collection system extension. This permit shall be effective from the
date of issuance until rescinded, and shall be subject to the conditions and limitations as specified
therein. This cover letter shall be considered a part of this permit and is incorporated therein by
reference. Please send Don Price a copy of the "notice to proceed" issued to your contractor for this
collection system extension. Please pay particular attention to Permit Condition 3 which requires that
the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC
2T .0403 or any individual system-wide collection system permit issued to the Permittee. (Also note
Permit Condition 12 regarding future flow allocation to the subject wastewater collection system)
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the
Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless
specifically mentioned herein. Division approval is based on acceptance of the certification provided by
the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's
responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules.
Failure to comply may result in penalties in accordance with North Carolina General Statute §143-
215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities,
and/or referral of the North Carolina-licensed Professional Engineer to the licensing board.
Asheville Regional Office Internet www.ncwaterquality.org
2090 US Highway 70,Swannanoa,NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

Gene Ferguson December 14, 2009 Page 2
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to Gene Ferguson for the construction and operation of approximately 109.5 linear feet of 6-
inch gravity sewer; a 60—gallon per minute pump station with duplex pumps, on-site audible and visual
high water alarms, and: a portable generator receptacle with telemetry as well as approximately 710
linear feet of 2-inch force main to serve. 5, 2-bedroom mobile homes, as part of the Big Valley Park
project, and the discharge of 1200 gallons per day of collected domestic/commercial wastewater into
the Town of Maggie Valley's existing sewerage system, pursuant to the application received December
2, 2009 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track
Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other
supporting data subsequently filed and approved by the Department of Environment and Natural
Resources and considered a part of this permit. The sewage and wastewater collected by this system
shall be treated in the Town of Maggie Valley's Wastewater Treatment Facility (Permit No. NC0056561)
prior to being discharged into the receiving stream.
This permit shall become voidable unless the agreement between Gene Ferguson and Town of
Maggie Valley for the collection and final treatment of wastewater is in full force and effect. The
Operational Agreement between the Permittee and the Environmental Management Commission is
incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms
of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina
General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance with the
terms and conditions of this permit. If any parts, requirements, or limitations contained in this permit are
unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days
following receipt of this permit. This request must be in the form of a written petition, conforming to
Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings,
6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall
be final and binding.
4500.
If you need additional information concerning this matter, please contact Don Price at (828) 296-
Sincerely,
_ Ci..'r1�'V 1r`�
Zeen
,e' P x "LL .for C H. Sullins, Director
Division of Water Quality
cc: Haywood County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. N00056561)
Kevin R. Alford, P.E.,Alford Engineering,
Town of Maggie Valley, WWTP No. N00056561
Surface Water Protection Section Central Files
PERCS Files

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

Permit No WQ0034492 Gene Ferguson Big Valley Park Haywood County December 14, 2009
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station
and Force Main adopted June 1, 2000 as applicable; and other supporting materials. if this project
is to be completed in phases and partially certified, you shall retain the responsibility to track
further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 2B .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

Permit No. WQ0034492 Gene Ferguson Big Valley Park Haywood County Deoember 14, 20
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.
12. [CONSTRUCTION ONLY] This permit shall be for the construction of the wastewater collection
facilities only. No flow shall be made tributary to the subject facilities until permit modification
application is submitted (with the appropriate fee), a modified permit is issued, and the Engineer's
Certification is received and approved by the Division.
13. [FUTURE Mobile Homes] An additional permit amendment (complete with fee) must be requested
and received from the Division of Water Quality prior to serving any units in addition to the 5
permitted herein.
Permit issued this the X DAY OF MONTH, 2009
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
y .�...a..- �y'4' �' .
for Co, en H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number W00034492
G:\WPDATA\DEMWQ\Haywood\Maggie Valley Collection System\WQ0034492 Maq ieg Valley Big Valley Park.doc
3

Permit No W00034492 Gene Ferguson Big Valley Park Haywood County December 14 2009
ENGINEERING CERTIFICATION — POST CONSTRUCTION
System Description:
permission is hereby granted to Gene Ferguson for the construction and operation of approximately
109.5 linear feet of 6-inch gravity sewer; a 60—gallon per minute pump station with duplex pumps, on-
site audible and visual high water alarms, and: a portable generator receptacle with telemetry as well as
approximately 710 linear feet of 2-inch force main to serve. 5, 2-bedroom mobile homes,
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.

0
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 14, 2009
Chris Braund, Town Manager
Town of Lake Lure
PO Box 255
Lake Lure NC 28746-0255
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0525
Permit No. N00025381
Lake Lure WWTP
Rutherford County
Dear Mr. Braund,
A review of Lake Lure WWTP's monitoring report for July 2009 showed the following violations:
Parameter Date Limit Value Reported Value Limit Type
Nitrogen, Ammonia Total 07/31/09 4.3 mg/I 4.62 mg/l Monthly
(as N) - Concentration Average
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments
section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not
requested that a response be submitted: however, should you have additional information concerning the
violations or comments which you wish to present, please submit them to the attention of Jeff Menzel. The
Division of Water Quality may pursue enforcement actions for this and any additional violations of State law.
If you should have any questions, please do not hesitate to contact Jeff Menzel at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: WQ Central Files
ARO DWQ Files
NorthCarolina
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North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.om FAX [phone] 1-877-623-6748
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 14, 2009
Chris Braund, Town Manager
Town of Lake Lure
PO Box 255
Lake Lure NC 28746-0255
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0524
Permit No. NCO025381
Lake Lure WWTP
Rutherford County
Dear Mr Braund,
A review of Lake Lure WWTP's monitoring report for June 2009 showed the following violations:
Parameter Date Limit Value Reported Value Limit Type
Solids, Total Suspended - 06/27/09 45 mg/I 49.2 mg/I Weekly
Concentration Average
Exceeded
Coliform, Fecal MF, M-FC 06/06/09 400#/100ml 480#/100ml 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 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 Jeff Menzel. The
Division of Water Quality may pursue enforcement actions for this and any additional violations of State law.
If you should have any questions, please do not hesitate to contact Jeff Menzel or me at 8281296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Enclosure
cc: DWQ Central Files
ARO DWQ Files
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 1-877-623-6748
G:\WPDATA\DEMWQ\Rutherford\25381 Lake Lure WWTP

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins Dee Freeman
Governor Director Secretary
December 14, 2009
Mr. Jack Robertson
Henderson County Board Of Education
414 4th Avenue West
Hendersonville, North Carolina 28739
Subject: NOTICE OF VIOLATION
NOV-2009-MV-01 61
Permit No. N00066681
West Henderson High School WWTP
Henderson County
Dear Mr. Robertson:
A review of West Henderson High School's monitoring report for August 2009 showed the following violation:
Parameter Date Measuring Violation
Frequency
Flow Week of 7/26/09-8/01/09 Weekly Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked"Compliant"when in fact it should
have been marked "Non-Compliant"with an explanation of the reason for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement
action for this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this office
within 10 (ten)working days of receipt of this letter. You should address the causes of non-compliance and all actions
taken to prevent the recurrence of similar situations.
If you should have any questions, please do not hesitate to contact Janet Cantwell at 8281296-4500.
Sincerely,
RogerJJC. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
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North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwatergualitv.org<WL FAX [phone] 1-877-623-6748

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 14, 2009
Mack Edmisten, Public Utilities Director
City of Lenoir
P.O. Box 958
Lenoir, N.C. 28645
Subject: Permit No. WQ0034491
City of Lenoir
Lenoir Greenway Sanitary Sewer
Improvements
Wastewater Collection System Extension
Caldwell County
Dear Mr. Edmisten:
In accordance with your application received application received on December 3, 2009, we are
forwarding herewith Permit No. WQ0034491, dated December 14, 2009, to the City of Lenoir for the
construction and operation of the subject wastewater collection system extension. This permit shall be
effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations
as specified therein. This cover letter shall be considered a part of this permit and is incorporated
therein by reference. Please send Don Price a copy of the "notice to proceed" issued to your contractor
for this collection system extension. Please pay particular attention to Permit Condition 3 which requires
that the wastewater collection facilities be properly operated and maintained in accordance with 15A
NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the
Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless
specifically mentioned herein. Division approval is based on acceptance of the certification provided by
the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's
responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules.
Failure to comply may result in penalties in accordance with North Carolina General Statute §143-
215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities,
and/or referral of the North Carolina-licensed Professional Engineer to the licensing board.
Asheville Regional Office Internet www.ncwaterquality.org
2090 US Highway 70,Swannanoa,NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

City of Lenoir December 14, 2009 Page 2
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina
as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the
City of Lenoir for the construction and operation of approximately 394 linear feet of 8-inch gravity
sewer; to replace an existing 8-inch gravity sewer line and aerial sewer crossing as part of the Lenoir
Greenway Sanitary Sewer project, and the discharge of"0" gallons per day of collected
domestic/commercial wastewater into the City of Lenoir's existing sewerage system, pursuant to the
application received December 3, 2009 and in conformity with 15A NCAC 2T; the Division's Gravity
Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum
Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000
as applicable; and other supporting data subsequently filed and approved by the Department of
Environment and Natural Resources and considered a part of this permit. The sewage and wastewater
collected by this system shall be treated in the Lower Creek Wastewater Treatment Facility (Permit No.
NC0023981) prior to being discharged into the receiving stream.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Don Price at
[phone].
Sincerely,
for CoEl3een H. Sullins, Director
Division of Water Quality
cc: Caldwell County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0023981)
Joel Whitford, P.E., McGill Associates, Hickory, N.C.
Surface Water Protection Section Central Files
PERCS Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Traci; 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 25 .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.WQ0034491, City of Lenoir Lenoir Greenway Sanitary Sewer Improvements Caldwell County December 14 2009
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station
and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project
is to be completed in phases and partially certified, you shall retain the responsibility to track
further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
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

ERMIT NO WQ0034491 City of Lenoir Lenoir Greenway Sanitary Sewer Improvements Caldwell County,December 14,2009
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the rnost 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 14t"DAY OF December, 2009
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for C ' en H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0034491
G:\WPDATA\DEMWQ\Caldwell\Lenoir Collection System\WQ0034491 Lenoir Greenwat Sanitary Sewer Proiect.doc
3

PERMIT NO.WQ0034491, City of Lenoir Lenoir Greenway Sanitary Sewer Improvements Caldwell County December 14 2009
ENGINEERING CERTIFICATION — POST CONSTRUCTION
System Description: permission is hereby granted to the City of Lenoir for the construction and
operation of approximately 394 linear feet of 8-inch gravity sewer; to replace an existing 8-inch gravity
sewer line and aerial sewer crossing as part of the Lenoir Greenway Sanitary Sewer project, and the
discharge of"0"gallons per day of collected.
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s)or storage greater than longest past three year outage reliability option selected)for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of
Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials.
North Carolina Professional Engineer's
seal, signature, and date:
..................................................................................................
SEND THIS FORM & SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
:.................................................................................................€
The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 14, 2009
Mr. Mack W. Edmisten, Director of Public Utilities
City of Lenoir
PO Box 958
Lenoir NC 28645-0958
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0532
Permit No. NCO023736
Gunpowder Creek WWTP
Caldwell County
Dear Mr. Edmisten,
A review of Gunpowder Creek WWTP's monitoring report for August 2009 showed the following violations:
Parameter Date Limit Value Reported Value Limit Type
Nitrogen, Ammonia Total (as 08/22/09 6 mg/I 6.75 mg/I Weekly Average
N) -Concentration Exceeded
Nitrogen, Ammonia Total (as 08/31/09 2 mg/1 2.35 mg/I Monthly Average
N) -Concentration Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on
the reverse of the relevant DMR 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 Jeff Menzel.
The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are
of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction
activities, then you may wish to consider applying for a Special Order by Consent. You may contact Jeff Menzel of this
Office for additional information.
If you should have any questions, please do not hesitate to contact Jeff Menzel or me at 828/296-4500.
Sincerely, _
u r ��.
Roger. Edwards, Regional Supervisor
Surface Water Protection Section
ARO DWQ Flies
DWQ Central Files
None XhCarolina
aturallff
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org G:\WPDATA\DEMWQ\Caldwell\Lenoir WWTPs\23736 Gunpowder Creek
FAR [phone] 1-877-623-6748

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Celeen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
December 15, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED —7007 1490 0004 0713 8571
Mr. Daniel and Mrs. Velva J. Shapiro
11 I Terrace place
Morganton,North Carolina 28655
CERTIFIED MAIL .
R •rURN RECEIPT REQUESTED 707 1490 0004 0713 8564
Mr. Daniel and Mrs. Velva J. Shapiro
660 Sedona Drive
Nebo,North Carolina 28761
SUBJECT: NOTICE OF VIOLATION and
,COMMENDATION FOR ENFORCEMENT
Shapiro property Located at 660 Sedona Road
NOV-2009-CV-0010
Construction Stormwater Permit—NCG010000
Stream Standard Violation- Other Waste (In-stream sediment)
Removal of Best Usage
McDowell County
Response deadline: January 4, 2010
Dear Mr. and Mrs. Shapiro:
On December 14, 2009, Jason Fulton with the Asheville Office of the Division of Land Resources and Kevin
Barnett from the Asheville Regional Office of the Division. of Water Quality (DWQ) conducted a site inspection
for your property along Sedona Drive in McD �vvell County.
Construction Stormwater permit NCO010000 and stream standards violations were noted during the inspection
and file review. Sediment impacts to un-named tributaries to, and Patten Branch (Class C waters) were
documented constituting permit and standard violations. During the inspection, it was measured that greater
than 1600 linear feet of un-named tributaries to, and fatten Balch itself, had been impacted by sediment.
As a result of t1le site inspection and file review,the following violations, detailed below, were noted:
I Construction Stormwater hermit NCC1010000 (failure to Secure)
II Stream Standard Violation Other Waste (In-stream sediment)
15A NCAC 02B .0211 (3)f
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 N® hCarOlina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 Y
Internet: www.ncwatcrquality.org atzma if
An Equal Opportunity 1 Affirmative Action Employer

Shapiro Property
12/15/2009
Page 2 of 4
VIOLATIONS
a Failure to Secure Storm-water General Permit NCG010000
A DLR file review confirmed that Sedimentation and Erosion Control plan approval had not been applied for nor
secured for the land disturbing activity;therefore, coverage under the NPDES General Permit to discharge
stormwater from land disturbing activities has not been secured in accordance with the provision of North
Carolina General Statute 143-215.1. As of March 10, 2003,this permit will be applicable to point source
discharges of stormwater from construction activities disturbing one or more acres of land. The submission of a
proposed Erosion and Sedimentation Control Plan to the Division of Land Resources or delegated local program
shall be considered to take the place of a Notice of Intent for coverage under this General Permit for those projects
requiring this Permit coverage. Coverage Linder this General Permit shall become effective upon issuance of an
approval for the Erosion and Sedimentation Control Plan by the Land Quality Section of the Division of Land
Resources or delegated local program. Prior to the commencement of construction and land disturbing activities
approval of the Erosion and Sedimentation Control Plan shall be obtained.
I. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f-
Greater than 1600 linear feet of both un-named tributaries and Patten Branch (Class C)was impacted by
sediment deposition up to 18 inches throughout the stream reach, representing Water Quality Stream
Standard violation of 15A NCAC 02B .0211 (3) (f)
REQUIRED RESPONSE
This Office requests that you respond in writing on, or before, close of business on January 4, 2010. Your
response should be sent to both the attention of Kevin Barnett, Division of Water Quality, 2090 US HWY 70,
Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and
Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response should
address the following items:
1. Failure to Secure Stormwater Construction General Permit (NCG010000)
a. Please detail the events that resulted in non-compliance with the above-mentioned NPDES NCGO10000 permit
conditions.
b. Please explain when you anticipate being in full compliance with the Construction Stormwater Permit and your
Erosion and Sediment Control Plan.
c. Finally, you should include in your response an explanation of how you propose to prevent these problems from
reoccurring on this project and on future projects.

'19
of'4
Stream Standard m Other Waste (in-Stream Sediment)
a. Please explain when construction (excavation, grubbing, and clearing) began at the
site.
jb. Please provide a map that exactly details the jurisdictional waters on the tract. This
map should indicate all of the jurisdictional waters on the tract as well as the areas
that have been impacted, both on and off site. This information must be clearly
depicted on a neap that you provide as a part of this response;
c. Please submit a Sediment Removal Restoration Plan(Restoration Plan) to this
office for review and approval. The Restoration Plan must address removal of the
accumulated sediment from two (2) un-named tributaries to, and Patten Branch.
The Restoration Plan must be submitted to the Division of Water Quality for review
and approval prior to implementation. You are encouraged to secure an
environmental consultant experienced in stream restoration to assist you with your
plan development and authorization necessary to achieve compliance. It is
recornnended that your consultant contact Kevin Barnett of the Asheville Regional
Office for additional guidance during restoration plan development. The
Restoration Plan should include t"le following:
a A m rative explaining how sediment will be removed and how impacted
jurisdictional waters will be restored.
9 A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
A diagram of[b.c stream channel, referenced with photo documentation of
sediment impacts.
9 A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standard's are not exceeded.
d. Once the Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Kevin Barnett.

Shapiro Property
12/15/2009
Page 4 of 4
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of tip to $25,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Kevin Barnett at(828) 296-4657.
Sincerely,
X'IG
J
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: John Hennessy--NPS Assistance and Compliance Oversight Unit
ARO File Copy
DWQ Central Files
Jason Fulton, Division of Land Resources
McDowell County Planning
G:\WPDATA\DEMWQ\Mcdoweil\Complaints-Misc\Shapiro\N0V2.009CV00IO.Shapiro.doc
` i

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 15, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED - 7007 1490 0004 071 9557
Mr. R.on Lewis, County Manager
Burke County
Post Ofrce Box 219
Morganton, N.C. 28680-0219
Subject: NOTICE OF VIO1,ATION/NOTICE OF INTENT TO ENFORCE
NOV-2009-DV-0355
Permit No. WQCS00324
County of Burke
Burke County Collection System.
Burke County
Dear Mr. Lewis:
A review has been conducted of Burke County Collection Systenr's self reported Sanitary Sewer
Overflows(SSO's) 5-Day Report(s) submitted by Burke County 1 ngineer, Mr. Carson l'isher.
This review has shown the subject facility to be in violation of the requirements found in.
Collection System Permit WQCS00324 and/or G.S. 143-215.1(a)(1). The violations that
occurred are summarized below.
Area Violation Date Description Violation
Type
CSO/SSO 1.1/11/2009 Sanitary Sewer Overflow Discharge
(Sewer Overflow) Without Valid
Permit
Remedial actions should be taken to correct this problem. The Division of Water Quality is
considering pursuing enforcement action for this violation.
You should address the causes of noncompliance and all actions taken to prevent the recurrence
of similar situations and respond in writing to this office within 10 days of receipt of this letter.
If you should have any questions, please do not hesitate to contact Mr. Don Price at 828)296-
4500.
ne
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 'or
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 ��thar®11i1a
Internet: www.ticwaterquality.org a pally
An Equal Opportunity 1 Affirmative Action Employer

Please note that due to the continued high numbers of SSO's in North Carolina the Division has
implemented a new SSO enforcement policy on May 15, 2007. Between May 15, 2007, and June
1, 2007 the Division of Water Quality will contact collection system operators to inform them of
this policy. Beginning June 1, 2007 until December 1, 2007 any reportable SSO will be issued a
Notice of Violation (NOV). Beginning on December 1, 2007 civil penalties will be issued for
SSO's based on volume, volume reaching surface waters, duration and gravity and impacts to
public health, fish kills or recreation area closures. Other factors considered in determining the
amount of the civil penalty are the violator's history of spills, the cost of rectifying the damage,
whether the spill was intentional and whether money was saved by non-compliance.
If you have any question regarding this Policy please contact Mr. Don Price at(828)296-
4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
Cc: Central Files .1
PERCS Unit
Carson Fisher, Burke County
GAWPDATA\DEMWO\Burke\Burke County Collection System\NOV 2009 DV 0355.doc

NCDNR
.t
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 15, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED TOOT 1490 0004 0713 8540
Lee H Clippard, Sr.
City of Saluda
PO Box 248
Saluda, NC 28773-0245
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 NCO028975
City of Saluda
Saluda WWTP
Case No. ITV-2009-0435
Polk County
Dear Mr. Clippard:
This letter transmits a Notice; of Violation and assessment of civil penalty in the amount of$574.50
($507.50 civil penalty + $67.00 enforcement costs) against City of Saluda.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by City of Saluda for the month of June 2009, This review
has shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements forand in NPT)FS Permit NC0028975. The violations which occurred in June 2009
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that City of Saluda violated the terins,
conditions or requirements of NPDES Kermit NCO028975 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 City of Saluda:
NorthCarolina
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone: [phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterquality.org G:\WPDATA\DEMWQ\Polk\28975 Saluda WWTP

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$145.00 NC0028975, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for NH3-N- Cone.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$362.50 NC0028975, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N- Come.
$507.50 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$574.50 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty l 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
OIL
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 r
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 thatt establishes why you believe the civil penalty should be
remitied, 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 Comrr-Acee on Civil Penalty
Remissions (Committee). Please be advised tlf at 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." Loth forms should
be submitted to the following; address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mai? Service Center
Raleigh,North Carolina 27699-1617
OR
3e File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m, and. 5:00 p.m., except for
official state holidays. The petition may be filed by facsimile (fax)or electronic mail by an
attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a
filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings
within seven (7) business days following the faxed or electronic transmission. You should contact
the Office of Administrative Hearings with all questions regarding the filing fee and/or the details
of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:

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

JUSTIFICATION FOR REMISSION IZIJ UESI
DWQ Case Number: LV-2009-0435 County: Folk
Assessed Party: Town of Saluda
Permit No. NCO028975 Amount Assessed: $574.50
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to (in Administrative Ifearing, 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 reasonalblencss 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. 1438-282.1(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 tool,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 front performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF POLK
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TOWN OF SALUDA WWTP }
)
PERMIT NO. NCO028975 ) FILE NO. LV-2009-0435
Having been assessed civil penalties totaling $574.50 for violation(s) as set forth in the assessment
document of the Division of Water Quality dated December 15, 2009, the undersigned, desiring to
seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the
above-stated matter and does stipulate that the facts are as alleged in the assessment document. The
undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 15, 2009
Mr. Lee Smith, Utilities Director
City of Hendersonville
Post Office Box 1670
Hendersonville,North Carolina 28793-1670
Subject: NOTICE OF VIOLATION
NOV-2009-DV-0352
Permit No. WQCS00070
City of Hendersonville
Hendersonville Collection System
Henderson County
Dear Mr. Smith:
A review has been conducted of the City of Hendersonville's self reported Sanitary Sewer
Overflows (SSO's) 5-Day Deport submitted by Timothy S. Senton, City of 1-lendersonville's
Collection System Supervisor. This review has shown the subject facility to be in violation of
the requirements found in Collection System. Permit WQC S00070 and/or G.S. 143-215.1(a)(1).
The violation that occurred is summarized below.
Area Violation Date Description Violation
Type
CSO/SSO 11/11/2009 Sanitary Sewer Overflow Discharge
(Sewer Overflow) Without Valid
Permit
Remedial actions should be taken to correct this problem. The Division of Water Quality may
pursue enforcement action for thiis and any additional violations of State law.
You should address the causes of noncompliance and all actions taken to prevent the recurrence
of similar situations. If you should have any questions, I3lease contact Mr.Doti Price, at
[phone].
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 North('arolina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org fiin 116 f
An Equal Opportunity 1 Affirmative Action Employer

Please note that due to the continued high numbers of SSO's in North Carolina the Division has
implemented a new SSO enforcement policy on May 15, 2007. Between May 15, 2007, and June
1, 2007 the Division of Water Quality will contact collection system operators to inform them of
this policy. Beginning June 1, 2007 until December 1, 2007 any reportable SSO will be issued a
Notice of Violation (NOV). Beginning on December 1, 2007 civil penalties will be issued for
SSO's based on volume, volume reaching surface waters, duration and gravity and impacts to
public health, fish kills or recreation area closures. Other factors considered in determining the
amount of the civil penalty are the violator's history of spills, the cost of rectifying the damage,
whether the spill was intentional and whether money was saved by non-compliance.
If you leave any question regarding this policy please contact Mr. Don Price at(828)296-
4 00.
Sincerely,
Roger C. 1?dwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
Cc: Central Files
PERCS
Dennis Frady. City of Hendersonville Assistant Utilities Director \
G:\WPDATA\DEMWQ\Ilenderson\lleiidersoiivilleCS\NOV 2009 DV 0352.doe

o ®�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 15, 2009
Joe Cline, Executive Director
Tuckaseigee Water& Sewer Authority
1246 W Main St
Sylva NC 28779
Subject: NOTICE OF VIOLATION
NC,V-2009-DV-0353
Permit No. WQCS00108
Tuckaseigee Water& Sewer Authority
Jackson County
Dear Mr. Cline:
A review has been conducted of the Tuckaseigee Water& Sewer Authority(TW`1A) self
reported Sanitary Sewer Overflows (SSO's) 5-Day Report(s) submitted by TWS��. This review
has shown the subject facility to be in violation of the requirements found in Collection System
Permit WQCS00108 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized
below.
Area Violation Date Description Violation
Type
CSO/SSO 11/17/2009 Sanitary Sewer Overflow Discharge
(Sewer Overflow) Without Valid
Permit
Remedial actions should be taken to correct this problem. The Division of Water Quality is
considering pursuing enforcement action for this violation.
You should address the causes of noncompliance and all actions taken to prevent the recurrence
of similar situations and respond in writing to this office within IO da s of receipt of this letter.
If you should have any questions, please do not hesitate to contact Mr. Dora Price at (jZ 296-
Location:2090 U.S.Highway 70,Swannanoa,Norfh Carolina 28778 Aa � -�®ne
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 ��{px�� ®�� a
Internet: www.nmaterquality.org An Equal opportunity 1 Affirmative Action Employer � r l

Please note that due to the continued high numbers of SSO's in North Carolina the Division has
implemented a new SSO enforcement policy on May 15, 2007. Between May 15, 2007, and June
1, 2007 the Division of Water Quality will contact collection system operators to inform them of
this policy. Beginning June 1, 2007 until December 1, 2007 any reportable SSO will be issued a
Notice of Violation (NOV). Beginning on December 1, 2007 civil penalties will be issued for
SSO's based on volume, volume reaching surface waters, duration and gravity and impacts to
public health, fish kills or recreation area closures. Other factors considered in determining the
amount of the civil penalty are the violator's history of spills, the cost of rectifying the damage,
whether the spill was intentional and whether money was saved by non-compliance.
If you have any question regarding this policy please contact Mr. Ikon Price at(828)296-
45000
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
Cc: Central Files
PERCS Files
ARO Files
G:\WPDATA\DEMWO\Jackson\TWASW#1 Collection System\NOV-2009-DV-0353 doc
i

4
y t t'a' `p
North Carolina Department of Environment and Neural Resources
Division of Water Quality
Beverly Laves Perdue Coleen H. Sullins
Governor Director Dee Freeman
Secretary
December 15, 2009
Werner and Patricia L. Maringer
1491 Memorial Highway
Lake Lure,NC 28746
Subject: 401 Water Quality Certification - Approval
Maringer: Seawall—Retaining Wall & Dock
DWQ Project# 09-1157
Rutherford County
BRDO1 /Broad River (Lake Lure) / 9-(17) /B; Tr
Dear Mr. and Ms. Maringer:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place riprap fill within or otherwise impact 0.003 acres of open waters for the
purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions
listed in the attached Certification and any additional cond.it.ons listed below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USAGE
Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including (but not limited to) Erosion and Sediment
Control and trout buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Waters 0.003 (acres) Sketch
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 Tone
Internet:www.ncUvaterquality.org 1'�or t r ohna
Aahanllb.
An Equal Opportunity t Affirmative Action Emplover

Werner and Patricia L.Maringer
December 15,2009
Page 2 of 2
Additional Conditions
1. Seawall construction is not approved.
2. Disturbance of the 25-foot trout buffer is not approved.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Chuck Cranford in the Asheville Regional Office
at 828-296-4664.
Sincerely,
Coleen H. Sullins, Directorf
CHS/cbc
Enc: GC3693
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
Clint Calhoun—Town of Lake Lure (e-copy)
File Copy
G:\WPDATA\DEMWQ\Rutherford\401 s\Maringcr\09-1157_Approval_12-14-09.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 16, 2009
Bruce East, Property Services Manager
High Vista Estates Homeowners Association, Inc.
Post Office Box 98
Arden,North Carolina 28704
Subject: Follow-up to Notice of Violation and Recommendation for Enforcement
.Buncombe County
Dear Mr. East:
The Division of Water Quality(DWQ) has received the Buffer ReEstablishment: Final Report
from High Vista Estates Homeowners Association, Inc., related to the Notice of Violation and
Recommendation for Enforcement, issued November 8, 2006.
DWQ has reviewed the information provided and conducted a follow-up site visit on December
11, 2009. The written response and the buffer restoration results observed at the site have
satisfactorily resolved the violations noted in the subject Notice of Violation and
Recommendation for Enforcement.
Should you have any questions regarding these matters, please contact me at(828) 296-4657.
Sincer. ly/,--
Kevin Barnett, Environmental Specialist
Surface Water Protection Section
Asheville Regional Office
cc: ARO File Copy
DWQ Central Files
USACE Asheville Office
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S,Highway 70,Swannanoa,North Carolina 28778 NofthCarolina
Phone:[phone]M FAX:[phone]\Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org
lapally
An Equal Opportunity 1 Affirmative Action Employer Nat

r. -�
-..

dnNCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 16, 2009
Joseph M. Moore 11, City Manager
City of Brevard
95 West Main Street
Post Office Box 426
Brevard,North Carolina 28712
Subject: NOTICE OF VIOLATION
NOV-2009-DV-0354
Permit No. Permit No. WQCS00084
City of Brevard
City of.Brevard Collection System
Transylvania County
Dear Mr. Moore:
A review has been conducted of City of Brevard's Sewer Collection System self reported Sanitary
Sewer Overflows (SSO's) 5-Day Deport submitted by Anthony Coward, Brevard. Collection
System OR.C. This review has shown the subject facility to be in violation of the requirements
found in Collection System Permit WQCS00084 and/or G.S. 143-215.1(a)(1). The violation that
occurred are summarized below.
Area Violation Date Description Violation
Type
C:SO/SSO 111110/2009 Sanitary Sewer Overflow Discharge
(Sewer Overflow) Without Valid
Permit
Remedial actions should be taken to correct this problem. The Division of Water Quality is
considering pursuing enforcement action for this violation.
You should address the causes of noncompliance and all actions taken to prevent the recurrence
of similar situations and respond in writing to this office within I of this letter,
if you should have any questions, please do not hesitate to contact Don Price at 8 Y296-4500.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 � h�ar®h a
Internet: www.nowaterquality.ory Naturally
An Equal Opportunity 1 Affirmative Action Employer

Please note that due to the continued high numbers of SSO's in North Carolina the Division has
implemented a new SSO enforcement policy on May 15, 2007. Between May 15, 2007, and June
1, 2007 the Division of Water Quality will contact collection system operators to inform them of
this policy. Beginning June 1, 2007 until December 1, 2007 any reportable SSO will be issued a
Notice of Violation(NOV). Beginning on December 1, 2007 civil penalties will be issued for
SSO-'s based on volume, volume reaching surface waters, duration and gravity and impacts to
public health, fish kills or recreation area closures. Other factors considered in determining the
amount of the civil penalty are the violator's history of spills, the cost of rectifying the damage,
whether the spill was intentional and whether money was saved by rion-compliance.
If you have any question regarding this policy please contact Mr. Dorn Pride at (828)296-
400.
Sincerely,
Roger C. 1dwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
Cc: Central Files
PERCS
David Lutz, Brevard Public Services Director
G:\WPDATA\DEMWO\'I7ansylvania\13r,�.vard Collection System\NOV 2009 DV 0354.doe

A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 17, 2009
Mr. J. B. Setzer, P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection-NCSR 1102
Pearson Falls Road
DWQ Project 08-1020
TIP No. B-4239
Polk County
Dear Mr. Setzer:
On December 3, 2009, I inspected the construction work at the new bridge site on NCSR 1102, Pearson Falls
Road in Polk County. Construction work appears to be going well. Both of the MSE walls are complete. Rip
rap has been placed at the base of each MSE wall and it was recommended that the rip rap be extended to the
edge of water. The erosion and sedimentation control structures,vegetative covering, and matting appear to be
working properly.
Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and
mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached
to this letter.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Aaron Powell
Mark Davis, Division 14,DEO
Ed Ingle, Roadside Environmental
Transportation Permitting Unit
Niki Maher,NI S Assistance and Compliance Oversight Unit
Mike Parker,Asheville Regional Office
(Setzer)NCSR 1102 Inspection Letter December 2009
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One 7 Customer Service:1-877-623-6748 �l�n]�L,� r�lln�
Internet:www.ncwaterpualittv.org i t
An Equal OPPortunity 1 Affirmative Action Employer Nahirallry

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DWQ Site Visits for DOT Proiects
Field Sheet
DWQ representative: Michael R.Parker Date: December 3,2009
County: Polk Region: Asheville
DOT Division: Division 14
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #; 08-1020 NW Permit#: IP#:
Project Name: NCSR 1102 Pearson Falls Road B-4239
Location of Project: From NC 176 in Saluda travel south on NCSR 1102,Pearson Falls Road,approximately
1 mile to the new bridge site
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities(DOT): Water ug!ity Concerns (DWQ):
X❑ Bridge ❑ Steam Standards Violation
X❑ Culvert X[] Turbidity
❑ Bottomless Culvert ❑ Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E& S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration X❑ Fill
❑ On-site Stream Relocation ❑ Buffer Impacts(see below)
❑ Buffer Restoration ❑ Other
❑ Bank Stabilization
❑ Other
Additional Wetland Impacts: ❑yes X❑ no Estimated Acres �—
❑ Zone 1 Est Acres C _ ❑ Zone 2 Est Acres
Additional Stream Impacts: ❑yes X❑ no Est Linear feet
Estimated linear feet of impact: I---'
Buffer Impacts: ❑Neese ❑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 impactFft/ ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited

DWQ Site Visits for DOT Protects
Background Info
Name of Waterway(s): North Pacolet River
Basin/Subbasin: f Broad 030501
Wetland Type: ❑Isolated ❑Non-Isolated(Waters of US)
Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB
X❑Class C ❑ORW X❑Trout ❑WS-III ❑NSW
❑HQW ❑WS-I ❑WS-IV RSA RCA
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 _-
❑1/3`d to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: X❑< 150 linear feet ❑> 150 linear feet
Additional comments:
Reviewed project with DOT staff. Both end bents and MSE walls complete. Sediment and erosion control
structures appear to be working properly. Seeding and/or matting should be performed as needed. Rip rap has
been placed at the base of both MSE walls. Recommended extending rip rap down to waters edge at both end
bents.
Maintain erosion control devices and continue with seeding and matting as required to protect State surface
waters.
B-4239 NCSR 1102 December 2009

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ENR
North Carolina Department of Environment and Natural Resources
Division of Water U;ality
Beverly Eaves perdue Coleen H, Sullins Dee Freernan
Governor Director Secretary
December 17, 2009
Ken Ledoux
Watts Regulator
100 Watts Rd
Spindale,NC 28160
SUBJECT: NPDES Stormwater Permit Compliance Inspection
Watts Regulator
Permit No: NCG030251
Rutherford County
Dear Mr. Ledoux:
This letter is in follow-up to the NPDES Stormwater. Permit Compliance Inspection conducted on
November 17, 2009. The facility was found to be in compliance with permit NCG030251.
Enclosed is a copy of the Compliance Inspection Report, which contains additional observations
and comments for your reference.
Please contact me at [phone] or chuck.cranffold(i,) cd ru. 7ov , if I can be of any further
assistance.
Sincerely,
Chuck Cranford
Environmental Specialist
Surface Water Protection
Enclosure
cc: Central Files
Asheville Files
Jimmy Summers—URS (e-copy)
G:\WPDATA\DEIVIWQ\Rutherford\Stormwater Metals NCG03\WattsRegulator\CEI_12-16-09.doe
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
828-296-45001 FAX:[phone]\Customer Senjice:1-877-623-6748 � �
Internet;www.ncwaterquality.org
An Equal Opportunity'.Affirmative Action Employer

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Compliance Inspection Report
Permit: NCG030251 Effective: 11/01/07 Expiration: 10/31/12 Owner: Watts Regulator
SOC: Effective: Expiration: Facility: Watts Regulator
County: Rutherford 100 Watts Rd
Region: Asheville
Spindale NC 28160
Contact Person: Ken Ledoux Title: Phone: [phone]
Ext.134
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 11/17/2009 Entry Time: 09:30 AM Exit Time: 11:45 AM
Primary Inspector: Chuck Cranford Phone:
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Metal Fabrication Stormwater Discharge COC
Facility Status: EN Compliant ❑ Not Compliant
Question Areas:
Vfl Storm Water
(See attachment summary)
Page: 1

Permit: NCG030251 Owner-Facility:Watts Regulator
Inspection Date: 11/17/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Inspection Summary:
DWQ staff was met on site by Ken Ledoux, Mike Deck and Jeff Hodge of Watts and Jimmy Summers with URS
Corporation. A tour was conducted of the exterior of the facility, observing the stormwater conveyances, outfalls and site
conditions. During the visit, the SPPP manual was reviewed, operational activities and existing stormwater exposures
were discussed. The current status of the Tier 2 response sampling was discussed; including, the evidence that the
rainwater falling upon the property is less than 6.0 pH.
At the time of the inspection the site was found to be in compliance with the permit. The inspector rioted that SPPP and
records were in good order. However, certain housekeeping and grounds maintenance practices needed improvement:
-oily materials at the tractor trailer unloading ramp
-compressor blowdown needed to be contained and disposed to a sanitary sewer
- upkeep around the lift truck gas station
-slope stabilization in several areas along the southside gates
Watts has satisfactorily pursued the required Tier 2 responses. Upon review and consideration of the outfall analytical
data, it is recommended that the current, monthly Tier 2 analytical sampling be reduced to only lead at outfalls 1 and 2.
However, if future benchmark exceedances occur requiring increased monitoring, standard Tier 2 sampling should be
followed.
Also, data indicate that ambient rainfall pH measures below 6.0. Therefore, current benchmark exceedances of pH do not
seem reflective of facility stormwater quality. Rainfall pH data should be collected concurrent with all sampling events to
document ambient conditions.
According to a review of outfalls, discharge areas and site conditions, it appears Representative Outfall Status could be
pursued.
Page: 2

Permit: NCG030251 Owner-Facility: Watts Regulator
Inspection Date: 11/17/2009 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Storrnwater Pollution Prevention Plan Yes No NA Nip
Does the site have a Stormwater Pollution Prevention Plan? a n n n
##Does the Plan include a General Location(USGS) map? M n n F1
#Does the Plan include a"Narrative Description of Practices"? M (.�1 FF11 n
#Does the Plan include a detailed site map including outfall locations and drainage areas? N F-1 1­1 fF1
#Does the Plan include a list of significant spills occurring during the past 3 years? ra Cl n n
#Has the facility evaluated feasible alternatives to current practices? [I n n
#Does the facility provide all necessary secondary containment? n n n
#Does the Plan include a BMP summary? n n 17,1
#Does the Plan include a Spill Prevention and Response Plan (SPRP)? pq n n n
#Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? n
Does the facility provide and document Employee Training? n ❑ n
#Does the Plan include a list of Responsible Party(s)? rl ff�l n
##Is the Plan reviewed and updated annually? I l n n
#Does the Plan include a Stormwater Facility Inspection Program? C_l n F1
Has the Stormwater Pollution Prevention Plan been implemented? [ ❑ n n
Comment:
Qualitative IVlonitorin Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? n n F-1
Comment:
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? EM r1 n F—I
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? n n fn
Comment:
Permit and Outfalls Yes No NA NE
#Is a copy of the Permit and the Certificate of Coverage available at the site? NA n n n
##Were all outfalls observed during the inspection? 13 rl n f-1
#If the facility has representative outfall status, is it properly documented by the Division? n n
#Has the facility evaluated all illicit(non stormwater)discharges? fF1 n
Comment:
Page: 3

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NCDENR
North Carolina Department of Environment and Natural resources
Division of Water Quality
Beverly Eaves Perdue Coleen M. Sullins Dee r-reeman
Governor Director Secretary
December 17, 2009
Mark Koone
Thompson Contractors, Inc.
P.O. Box 1268
Rutherfordton,NC 28139
SUBJECT: Notice of Violation Response
NOV-2009-PC-0902
Thompson Contractors, Inc.
NPDES General Stormwater Permit—NCG020148
Rutherford County
Response deadline: February 1, 2010
Dear Mr. K_oone:
The Division of Water Quality is in receipt of your response letter to NOV-2009-PC-0902.
Resolution of the NOV will be possible once the permit condition violations identified and listed
below have been complied with. Please review the following list and respond as requested.
1. Best Management Practices Plan
A Stormwater BMP Plan has not been developed and properly implemented.
Response: Submit one (1) copy of the Stormwater Pollution Prevention Plan (SPPP) to the
Asheville Regional Office once developed. The soon-to-be renewed NCG02 permit will
require the SPPP. Please develop the plan per the updated permit.
2. Qualitative Monitoring
9 Qualitative monitoring has not been conducted and recorded in accordance with permit
requirements.
Response: Submit one (1) copy of qualitative monitoring results of the most recent rainfall
event.
3. Analytical Monitoring
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 011
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 v
Internet:www.ncwatercluality.org Nord C aroh,'<�a
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An Enua!Opportunity!Affirmative Action Employer

Thompson Contractors,Inc.
December 17,2009
Page 2 of 2
Analytical monitoring has not been conducted and recorded in accordance with permit
requirements.
Response: Submit one (1) copy of summarized analytical monitoring results of the most
recent rainfall event.
4. Secondary Containment
Secondary containment has not been provided for the used oil tank and other storage
containers near the vehicle maintenance building.
Response: Submit a picture of the secondary containment structure once constructed.
Thank you for your attention to these matters. Should you have any further questions or concerns,
please contact rrle at [phone] or chuck.cranfordCconcdenr.99—V , for further assistance.
Sincerely,
Chuck Cranford
Environmental Specialist
Surface Water Protection
cc: Central Files
J
Asheville Files
G:\WPDATA\DEMWQ\Rutherford\Storniwater Mining NCG02\ThouipsonContracting\NOV-2009-PC-0902_Response 12-16-09.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of VVater Quality
Beverly Laves Perdue Coleen H. Sullins
[lee Freeman
Governor Director
Secretary
December 17, 2009
Thomas and Karen Collins
206 Yacht Island Drive
Lake Lure,NC 28746
Subject: 401 Water Quality Certification - Approval
Thomas and Karen Collins
DWQ Project 4 09-1195
Rutherford County
BRD01 /Broad River (Lake Lure)/ 9-(17) /B; Tr
Dear Mr. and Ms. Collins:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 0.002 acres of open waters for the purpose of
seawall repair at the subject property. This approval requires you to follow the conditions listed in the
'attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including (but not limited to) Erosion and Sediment
Control and trout buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Waters 0.002 (acres) SHT. #: 1
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone],FAX:[phone] Customer Service:1-877-623-6748 ���� � �in��
Internet:m mnmaterquality.org 1 V 9
An Equal OpnorhrN!v�.Affirmative Action F.rnplover

Thomas and Karen Collins
December 17,2009
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Chuck Cranford in the Asheville Regional Office
at 828-296-4664.
Sincerely,
Coleen H. Sullins,Director
CHSlcbe
Enc: GC3693
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
Clint Calhoun—Town of Lake Lure (e-copy)
401 Permitting Unit—Central Office
File Copy
G:\WPDATA\DEMWQ\Rutlierford\401s\Collins\09-1195 Approval_12-16-09.doe

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North Carolina Department of Environment and Natural resources
DMIsion of�Alater Quality
peverly Eaves Perdue Coleen H. Sullins pee Freeman
Governor Director Secretary
December 18,2009
Bill Bellmore
Carriage Park Associates, LLC
84 Carriage Park West Drive
Hendersonville,NC' 28791
Subject: 401 Water Quality Certification - Approval
Carriage Park—Lake Dredging
DWQ Project#- 02--1742 V2
Henderson County
FRB02/Mill Pond Creek/6-51 /WS-IV
Dear Mr. Bellmore:
The Division of Water Quality has completed the review of yolir 401 Water Quality Certification application
associated with the subject project listed above.
,Approval has been granted to place fill within or otherwise impact 0.17 acres of open waters for the purpose of
lake dredging at the subject property. This approval requires you to follow the conditions listed in the
attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3687 and 3705. This Certification
allows you to use Nationwide Permit 3 and 29 when issued by [lie US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized.by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including (but not limited to) Erosion and Sediment
Control and water supply watershed regulations.
This approval is for the purpose and design that you described. in your application. if you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
_Amount Approved (Units_) Plan Location or Referent;e
Waters 0.17 (acres) Sheet No. 5
Location:2090 US.Highlivay 10,S+vvannanoa,North Carolina 2.8778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748
NorthCaro �` '��Internetvdway.ncwaterqua.Iity.org
2.
An Equal Uunortunitv',Affirmative Action Emplover

... ...._.___.............. .. _ _ _ _...... . . .. ... .. .._....... .._............_...
Bill Bellmore
December 18,2009
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
i_nipacts), 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 Lidless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Chuck Cranford in the Asheville Regional Office
at 828-296-4664.
Sincerely,
Coleen H. Sullins, Director v
CHSIcbc
Enc: GC'687 & GC3705
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
Clement Riddle—CEC, Inc. (e-copy)
Tim Fox—Henderson County (e-copy)
401 Permitting Unit— Central Office
File Copy
G:\WPDATA\DBMWQ\Henderson\401s\CarriagePark\API2VL LakeDredging_12-17-09.doc

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
SURFACE WATER PROTECTION
December 18, 2009
Victor Lofquist, P.E.
Lofquist&Associates, Inc.
11 Citrus Drive
Sylva, N.C. 28779
Subject: Return of Incomplete Fast Track
Sewer Extension Application
Smokey Mountain Elementary School Sewer
Project
Jackson County Board of Education
Jackson County
Dear Mr. Lofquist:
Our office has conducted a preliminary review of the subject permit application package and has found that
information on the application needs correcting before we may continue our review. Please be aware that you are
responsible for meeting all requirements set forth in North Carolina rules and regulations. Any omissions made in
responding to the items may result in future requests for additional information.
1. Part G, Stream Classifications—Watershed Classification Attachment(Form WSCAS-12/07) states
"If any portion of the sewer system project is within 100 feet of any surface water or wetlands, the
Watershed Classification Attachment may need to be completed." Please review your attached
topographic map, which indicates the proposed sewer line extension "Crosses"what appears to be
an un-named tributary of Beck Branch.
Thank you for your cooperation and if you have any questions, please do not hesitate to call me at 828/296-4500.
Sincerely,
Donald R. Price, CET
WWTP Consultant
Enclosure
Cc: Steve Jones, Assistant Sup't., Jackson County BOE
G:\WPDATA\DEMWQ\Jackson\Whittier Sanitary District Collection System
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 No thCar®hna
Phone:[phone]M FAX:[phone] Customer Service:1-877-623-6748 f
Internet: www.ncwaterquality.org lul
An Equal Opportunity\Affirmative Action Employer

LcpfquistAssociates, Znc.
PLANNING ENGINEERING DESIGN
11 Citrus Drive Sylva,NC 28779 [phone]
December 11, 2009
NCDENR
Division of Water Quality
Asheville Regional Office
2090 US Highway 70
Swannanoa, North Carolina 28778
Re: Gravity Sewer Extension to Serve Smokev Mountain
Elementary School
Jackson County Board of Education - Owner
Jackson County, N.C.
On behalf of the Jackson County Board of Education, we are submitting a "Fast-Track
Application for Gravity Sewers" for the referenced project. Please find enclosed the
following documentation for your review:
• Original and one copy of the completed and signed application form including
completed Certifications sections (FTA 12/07 very)
® A check in the amount of$480.00 payable to NCDENR for the required application
fee
• One original copy of the comppleted and signed Flow Tracking/Acceptance form
(FTSE 10/07)
® One color 8-1/2" x 11" photocopied portion of the 7.5 minute "Whittier" USGS
topographic map (photo revised 1978) identifying the project area
Should you have any questions or need additional information, please feel free to call me
directly.
Sincerely,
Lofquist &Associates, Inc.
Victor Lofquist, P.E.
- enclosures

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LOFQUIST&ASSOCIATES, INC. 5-02 �2331
11 CITRUS DR 828-586-1424 66-1167/531
SYLVA,NC'28779 BRANCH 8
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 21, 2009
Mr. J. J. Swain,Jr.,P.E.
Division 13 Engineer
N.C. Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspection-NC Highway 146
DWQ Project 07-0124
TIP No. R-2813 B
Buncombe County
Dear Mr. Swain:
On December 16, 2009, I inspected the construction work on Interstate 26-NC Highway 146 project(Long
Shoals Road) in Buncombe County. Construction work on the I-26 and Long Shoals Road bridges are
continuing with most of the bridge work completed. Contractors are now working on the new 1-26 on and off
ramps.
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. Please refer to the attached inspection report
for any specific items noted during the inspection.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Cole Hood, PE
Roger Bryan, Division 13, DEO
Ed Ingle, Roadside Environmental
Transportation Permitting Unit
Niki Maher,NPS Assistance and Compliance Oversight Unit
Mike Parker,Asheville Regional Office
(Swain)Interstate 26-NC 146 Inspection Letter December 2009
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] 1�TOne �+
Customer Service:1-877-623-6748 I�1c�rt Carohna
Internet:vvww.ncwaterquality.orq
vVaAn Equal Opportunity 1 Affirmative Action Employer ��� �

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DWO Site Visits for DOT E12 ects
Field Sheet
DWQ representative: Michael R.Parker Date: [December 16,2009
County: Buncombe Region: I Asheville —�
DOT Division: Division 13
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 07-0124V.5; NW Permit#:I � IP#:
Project Name: NC Highway 146 Widening
Location of Project: NC Highway 146 Long Shoals Road
From west of NCSR 2501 to east of I-26 in Buncombe County
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities dDQT,'•. Water_Quality Concerns (DWQ
X❑ Bridge El Steam Standards Violation
X❑ Culvert X❑ Turbidity
❑ Bottomless Culvert ❑ Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E& S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
X❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration ❑ Fill
X❑ On-site Stream Relocation ❑ Buffer Impacts (see below)
❑ Buffer Restoration ❑ Other
❑ Bank Stabilization
❑ Other Fill
Additional Wetland Impacts: X❑yes ❑ no Estimates 0.40 acres—❑
❑ Zone 1 Est Acres F ❑ Zone 2 Est Acres
Additional Stream Impacts: ❑ yes X❑no Est Linear feet
Estimated linear feet of impact:
Buffer Impacts: ❑Neese ❑Tar-Pam ❑Randleman ❑Catawba
Zone 1: ❑Yes ONO Est linear ft/acreage of buffer impactlft/ ac
Zone 2: ❑Yes ONO Est linear ft/acreage of buffer impact fu ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited

DWQ Site Visits for DOT Projects
Background Info
Name of Waterway(s): French Broad River and two unnamed tributaries to FBR.
Basin/Subbasin: FBR 040302
Wetland Type: ❑Isolated X❑Non-Isolated(Waters of US)
Stream Class: ❑Class B ❑303d Listed ❑WS-1I ❑WS-V ❑SB
X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW
❑HQW ❑WS-I ❑WS-IV RSA RCA
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 X❑1/1 It'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
Additional comments: 0.38 acres of wetlands and 467 linear feet of stream mitigation through
EEP. On site stream relocation of 78 linear feet of ut to FBR at Site 2.
Bridge Work is almost complete. Work is now underway on I-26 on and off ramps.
The area parallel to NC 146 west of Ledbetter road should be seeded and mulched. Also,any areas or drop
inlets in the median and under the new 1-26 bridges should be maintained to prevent sediment loss.
Continue to maintain erosion control devices and continue with seeding and matting as required.
I-26-NC 146 December 2009 Inspection Report

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 21, 2009
Mr. J. B. Setzer, P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection
US Highway 25
DWQ Project08-1754
TIP No. R-505
Henderson County
Dear Mr. Setzer:
On December 3 and 16, 2009, I inspected the construction work on US Highway 25 between Interstate 26 and
NC highway 225 in Henderson County. Due to recent heavy rains sediment reached state surface waters and
filled in part of the Melton Pond. Also, excessive turbidity was observed in Laurel Creek below the culvert
installation. The sediment in the pond should be removed and measures should be employed to reduce the
turbidity effects on Laurel Creek during this construction activity.
Ensure that all sediment and erosion control structures are maintained and that seeding and mulching are
performed as needed to protect downstream waters. Please refer to the attached copy of the inspection report
for additional comments regarding the inspection.
If you have questions,please call me at 828-296-4500.
Sincerely,
�A/Z 6
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: David Baker,USACE, Asheville Field Office.
Aaron Powell
Mark Davis, Division 14,DEO
Ed Ingle, Roadside Environmental
Transportation Permitting Unit
Niki Maher,NPS Assistance and Compliance Oversight Unit
Mike Parker,Asheville Regional Office
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One 1
Customer Service:1-877-623-6748 North Carolina
Internet:www.ncwateraualb.org
An Equal Opportunity 1 Affirmative Action Employer

DWO Site Visits for DOT Proiects
Field Sheet
DWQ representative: Michael R.Parker Date: December 16,2009
County: Henderson Region: Asheville —�
DOT Division: Division 14 MV—�
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 08-1754 NW Permit#:� IP#:
Project Name: U S Highway 25-I-26 Connector R-505
Location of Project: US Highway 25 from NC 225 near Zirconia to Interstate 26 in Henderson County
Project Complete: ❑Yes X No If no, estimated date of completion:
.Activities DOT Water Quqlitv Concerns W
❑ Bridge ❑ Steam Standards Violation
X❑ Culvert X❑ Turbidity
[_] Bottomless Culvert ❑ Evidence of spills
[❑ Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap Inlet/Outlet Stabilization ❑] Solid Waste
L] Spoil Pile ❑ Failed E& S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration X❑Fill
❑ On-site Stream Relocation ❑ Buffer Impacts(see below)
❑ Buffer Restoration [] Other
X❑ Bank Stabilization
0 Other
Additional Wetland Impacts: ❑yes X❑ no Estimated Acres
❑ Zone 1 Est Acres L_ _ 1 ❑ Zone 2 Est Acres
Additional Stream Impacts: ❑ yes X❑ no Est Linear feet
Estimated linear feet of impact: �_!❑
Buffer Impacts: ❑Meuse ❑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 Projects
Background Info
Name of Waterway(s): Laurel Creek, Green River,Bat Fork,King Creek, Freeman Creek,
Lake Summit,Hill Branch,Jones Branch, Mill Creek,Laurel Branch,
Jones Creek
Basin/Subbasin: Broad 030501
Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US)
Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V EISB
X❑Class C ❑ORW X❑Trout ❑WS-III ❑NSW
X❑HQW ❑WS-I ❑WS-Iv ❑SA FICA
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: X❑0— 1/10`h acre ❑1/111h to 11/3`d acre
❑1/3 rd to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet 1,346 linear feet
Additional comments:
Reviewed project with DOT staff and Wright Brothers. Heavy construction and pipe installation is underway.
Recent heavy rains resulted in the loss of sediment from a fill area into the Melton Pond between Stations 835
and 836. This material should be removed from the pond. There appears to be some wetlands in the upper end
of the pond and a permit may be need for the sediment removal. Several sediment basin draining to the pond are
full of sediment and should be cleaned out. Also,construction of the 96-inch CSP has resulted in excessive
turbidity in Laurel Creek downstream of US Highway 25. We are very concerned with the turbidity in these
trout waters. Measures shall be taken to reduce the turbidity in this stream. Seeding and/or matting should be
performed as areas are graded.
Moratorium for work in 25 foot buffer zone and trout waters is in effect from January 1 through April 15.
Maintain erosion control devices and continue with seeding and matting as required to protect State surface
waters.

AV,
®•
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 21,2009
Mr. J. E. Setzer, P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection-US Highway 64
DWQ Project 08-0396
TIP No. A-0011 1313
Clay County
Dear Mr. Setzer:
On December 9,2009, I inspected the construction work on US Highway 64 in Clay County and the project
appears to be in relatively good shape considering the amount of rainfall received on the project. Construction
work consists of heavy grading. The erosion and sedimentation control structures, vegetative covering, and
inatting appear to be working properly.
Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and
mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached
to this letter.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: W. Trent Anderson
Mark Davis,Division 14,DEO
Ed Ingle, Roadside Environmental
Transportation Permitting Unit
Niki Maher,NPS Assistance and Compliance Oversight Unit
Mike Parker, Asheville Regional Office
(Setzer)US Highway 64 Inspection Letter December 2009
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Customer Service:1-877-623-6748 N orth C caCO1.111 a
Internet:www.ncwaterguality.orq
An Equal Opportunity 1 Affirmative Action Employer ahlA `Y

DWQ Site Visits for DOT Proiec:ts
Field Sheet
DWQ representative;LMichLel R.Parker Date: December 9,2009
County: I Clay Region: Asheville
DOT Division: [Division 14
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: -08-0396 NW Permit 4:1 � IP :
Project Name: U S Highway 64 Widening A-00I I BB
Location of Project: U S 64 from east of Hiwassee River to east of NC Highway 175 in Clay County
Project Complete: ❑Yes X No If no, estimated date of completion:
Activitics(ELO'tr.1: Water, uality ncerns pWf
❑ Bridge ❑ Steam Standards Violation
X❑ Culvert X❑ Turbidity
[] Bottomless Culvert ❑ Evidence of spills
Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
[] Spoil Pile ❑ Failed E& S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration X❑ Fill
On-site Stream Relocation ❑ Buffer Impacts(see below)
El Buffer Restoration ❑ Other
X❑ Bank Stabilization
❑ Other
Additional Wetland Impacts: ❑yes X❑ no Estimated Acres
❑ Zone I Est Acres ❑ Zone 2 Est Acres�_�^�
Additional Stream Impacts: ❑yes X❑ no Est Linear feet
Estimated linear feet of impact: L ��
Buffer Impacts: ❑Ncuse ❑Tar-Pam ❑Randleman ❑Catawba
Zone 1: [,]Yes []No Est linear ft/acreage of buffer impact
Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ae
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited

DWO Site Visits for DOT Projects
Background Info
Name of Waterway(s): Downing Creek,John Reese Branch,Byers Branch, Chatuge Lake and
unnamed tributaries to Hiwassee River
Basin/Subbasin: Hiwassee 040501 777-1
Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US)
Stream Class: X❑Class B 0303d Listed ❑WS-II ❑WS-V ❑SB
X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW
❑HQW ❑WS-1 ❑WS-IV ❑SA ❑CA
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: X❑0— 1/10`h acre ❑1/1It"to 1/3rd acre
❑1/3rd to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet
Additional comments:
Reviewed project with DOT staff. Pipe and culvert installations are complete.Grading is continuing with new
areas under construction. Sediment and erosion control structures appear to be working properly. Seeding
and/or matting should be performed as new areas are graded. Waste area at church is presently being utilized.
Some slope and bare areas need to be seeded. The slope near Lake Chatuge should be seeded.
Continue to maintain erosion control devices and continue with seeding and matting as required to protect State
surface waters.
US Highway 64 Inspection December 2009

�w,swr
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 21, 2009
Mr. J. B. Setzer,P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Stormwater Inspection
US Highway 64
DWQ Project No. 080396
TIP No. A-00111313
Clay County
Dear Mr. Setzer:
On December 9, 2009, 1 conducted a stormwater inspection for TIP Project No. A-0011 BB US Highway 64
construction project in Clay County. The rainfall data and erosion control records appear to be maintained in
good order.
Continue to monitor the stormwater and ensure that these records are maintained during the life of the project.
Please refer to the attached inspection report for additional comments and/or recommendations.
If you have questions, please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Trent Anderson, P.E.
Mark Davis, Division 14,DEO
Ed Ingle, Roadside Environmental
Transportation Permitting Unit
Niki Maher,NPS Assistance and Compliance Oversight Unit
Mike Parker, Asheville Regional Office
(Setzer)A-0011 1313 December 2009 Stormwater Inspection
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 One
Internet:www.ncwaterquality.org NorthCa1"Ohna
An Equal Opportunity 1 Affirmative Action Employer a (a allz

Form A June 2005
psi e inspection f r17:- Cor7stYLiction {Stornnvve 1) Part pit i`lPD.E,3 NOG0 0000
Site r�.�r,e:
UVVQ RO: t
lnspe. or: � _ 1. DjVQ lnsp:coon date:
Location:
2.County: ( z) ' !�. - S, Stream: (A5)1ld} ,G,oI /� a
�� lei aU`
3. aSirl: (.�3) } �tt? o. CIaS`_ _ S�t') /
4. Locatlil1 descriptlOn:
[Topographical VicinV map 0/site is of tached for case l'i1q]
7. Land disturbance due to construction/development? (Ar)
8. On-site representative available during ins ection? (A8) r rap
Narne(s)
Employer(s)
9._Erosion and Sedimentation Control flan (Part 1. Section A: No. 2,
Is a copy of the approved plan on site and available for review? (A9) V� t­ Nu Not
ti Inspect d
.-]
10. Rain Caugs (Part 1. Section B. No. 1,1
Is a rain gauge present on the site at the time of inspection? tA1C+)� r- � Not
Inspeatt,d
11.Main Gauge Data(hart 1.Section B. No. 1.1..
Is rain gauge data measured and recorded? Inspected'
Data from past 14 dP
Dater /
Meek 1 A mount: : __.... : .C�. _G� <�' _. _�._ 7•
Week n Date: � �' � . �: f�. � �----S��'G�(� ✓z�/�7
Amount: ,
12. Minimum Monitoring& Record Keeping Evart t. Section B. Not V,,
Are inspection records of erosion&sedimentation control facilities complete&.available on re.._Iest?
(Ai2)i r' S'-- cr-. No f Not
� ln�ected
Dales of documented inspections during-the past 14 days. ------
Week 1• { ':
Week 2:
13.Sedimentation impacts to waters: 14. Linear ft of stream impacts
Typical range of sediment depth: (A13a) to = (.A14)
Maximum depth of sediment: (A13b) ____
15.photo Documentation: Were photos taken? (Al5) FF Ya a :r-' No
Photos(1.impacted tauter,2,sedimentation depths,S.sediment control measures, and 4.un-impacted upstream,vaters)
and sketch/map of Y/here photos were taken are attached for case file
16.tvotes
1
f
i
Project personnel not available during DWO site inspection
1.4

A _LT*VA
'9 D
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 21, 2009
Mr. J. J. Swain,Jr., P.E.
Division 13 Engineer
N.C. Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspection-US Highway 19/19E
DWQ Project 07-1134
Individual Certification No. 3706
TIP Nos. R-2518A and R-2518B
Madison and Yancey Counties
Dear Mr. Swain:
On December 15, 20091 inspected the construction work on the US Highway 19/19E project in Madison and
Yancey Counties. Major grading, culvert extension and bridgework are underway along the entire length of
the project.
The Division of Water Quality continues to have concerns about sediment and turbidity in streams from the
construction areas. Please continue to ensure that all sediment and erosion control structures are maintained
and seeding and mulching are performed as required to protect State surface waters.
Also, please refer to the attached inspection report for any specific items noted during the inspection.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Randy McKinney, PE
Roger Bryan, Division 13,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Niki Maher,NPS Assistance and Compliance Oversight Unit
Mike Parker,Asheville Regional Office
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Customer Service:1-877-623-6748 NorthCaro.fina
Internet:www.ncwateroualitV.org.
An Equal Opportunity\Affirmative Action Employer

DWQ Site Visits for DOT Proiects
Field Sheet
DWQ representative:I Michael R.Parker —� Date: December 15,2009
County: LBunco be Region: ( Asheville �1
DOT Division: LEivision 13
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow 1Jp Evaluation ❑ Other
DWQ 401 #: WQC No.3706i NW Permit#:1 �—�❑ IP#:
Project Name: Improvements to US Highway 19E
Location of Project: US Highway 19 and 19E from finure I-26 in Madison County to SR 1336 in Yancey
County
Project Complete: []Yes X No If no, estimated date of completion:
Activities (D01h Water uali Concerns( )YQh
X[] Bridge X❑] Steam Standards Violation
X❑ Culvert X❑ Turbidity
❑] Bottomless Culvert ❑ Evidence of spills
Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile X❑ Failed E& S control measures
❑ Borrow Pit X[] Sedimentation Impacts
X❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration ❑ Fill
X❑ On-site Stream Relocation ❑ Buffer Impacts(see below)
❑ Buffer Restoration ❑ Other
Bank Stabilization
[_] Other Fill
Additional Wetland Impacts: ❑ yes ❑ no Estimated Acres ®!�
Zone 1 Est Acres ❑ Zone 2 Est Acres -_„
Additional Stream Impacts: ❑yes X❑ no Est Linear feet��❑
Estimated linear feet of impact:
Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman []Catawba
Zone 1: [—]Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact F ft/ ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited

�WQ Site Visits f®r I�®T'Projects
Background Info
Name of Waterway(s): Middle Fork Creek,Bailey Branch, Turkey Branch,Polly Branch,
Holland Creek, Ivy Gap Branch, Bald Creek,Price's Creek,Phipps
Creek and Cane River
Basin/Subbasin: FBR 040304 and 040307
Wetland Type: ❑Isolated X❑Non-Isolated(Waters of US)
Stream Class: ❑Class B ❑303d Listed X❑WS-II ❑WS-V ❑SB
X❑Class C ❑ORW X❑Trout ❑WS-1I1 ❑NSW
X❑HQW ❑WS-I ❑WS-IV ❑SA ❑CA
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
X❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: ❑0— 1/10`h acre X❑1/I I",to 1/3`d acre
X❑1/3`d to 1.0 acre ❑> 1.0 acre j
Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet
Additional comments: 7,059 linear ft. of stream impacts and 0.42 acres of wetlands for R-2518A;
3,675 linear ft. of stream impacts and 0.23 acres of wetlands for R-2518B. Compensatory
mitigation for impacts of 5,453 linear feet is required.
Compliance Issues Identified: ❑Yes ❑No
1.Heavy grading and construction work continues along the entire length of the project.
2.Construction work includes bridge construction, culvert extension, fill and borrow.
3.Streams are turbid from time to time especially after rainfall events and pumping water through
sediment basins. Efforts should be made to reduce the turbidity.
4.All bare soil areas (both sides)that are open for more than 21 days should be temporary seeded.
This should help reduce the amount of turbidity and sediment in the streams.
5.Please continue to ensure that all sediment and erosion control devices are maintained and working
properly.
6.As a reminder the streams on the Madison County construction area are classified as High Quality
Waters and all measures necessary to protect State surface waters should be employed.
7. In-water Work Moratoriums reminder:
Cane River and tributaries April 1 to June 30 ,—
Bald Creek and tributaries January 1 to April 15
Price Creek and tributaries January 1 to April 15
December 2009 Inspection US Highway 19 R-2518 A&B

d ®®
irWENOI&
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Division of Water Quality
December 21, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 2150 0005 2458 9136
Mr. Ron Lewis, County Manager
Burke County
Post Office Box 219
Morganton, North Carolina 28608-0219
SUBJECT: Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1)
and Collection System Permit WQCS00324
Country of Burke
Burke County Collection System.
Case No. DV-2009-0053
Burke County
Dear Mr. Lewis:
This letter transmits an assessment of civil penalty in the amount of$ 2000.00
plus $161.45 enforcement costs against the County of Bul•ke.
This assessment is based upon the following facts: a review has been conducted of the Sanitary
Sewer Overflow(SSO) 5-Day Report submitted by Burl(C County Collection Sym ste . This review
has shown the subject facility to be in violation of the requirements found in Collection System
Permit WQCS00324 and G.S. 143-215.1(a)(1). The violation(s) that occurred are summarized in
Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the County of Burke violated the
terms, conditions or requirements of Collection System Permit WQCS00324 and G.S. 143-
215.1(a)(1) in the manner and extent shown in Attachment A. In accordance with the maximums
established by G.S. 143-215.6A, a civil penalty may be assessed against any person who violates
the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against the County of Burke.
— SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthiCa.rolina
Internet: www.ncwaterquativeActi '®1d4
An Equal Opportunity V Affirmative Action.Employer 6L `

tsurke County Collection System WQCS00324
Case No.DV-2009-0053
l..)Ci:4711f7t:7 1.,2009
TOTAL CIVIL PENALTY: $2000.00
ENFORCEMENT COST: $ 161.45
TOTAL AMOUNT DUE: $2161.45
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the attention
of:
Pretreatment Emergency Response and Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred
or the accuracy of any of the factual statements contained in the civil penalty assessment
document. Because a remission request forecloses the option of an administrative hearing, such a
request must be accompanied by a waiver of your right to an administrative hearing and a
stipulation and agreement that no factual or legal issues are in dispute. -
Please prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below.
Page 2 of 8

collection System WQCS00324
JV-2009-0053
,:,ii,c�r 2 1.20'09
In determining whether a remission request will be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)was
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed "Justification for Remission Request." Both forms should
be submitted to the following address:
Pretreatment Emergency Response and Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
AND
Roger C. Edwards, Regional Supervisor,
Surface Water Protection Section, Asheville Regional Office
20901J.S. Hwy. 70
Swannanoa, N.C. 28778
OR
3. File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours.
Page 3 of 8

Burke County Collection System WQCS00324
Case No.DV-2009-0053
Dccembei 21,2009
The Office of Administrative Hearings accepts filings Monday through Friday between the hours
of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the
petition must be filed with the Office of Administrative Hearings. The petition may be faxed -
provided the original and one copy of the document is received in the Office of Administrative
Hearings within five (5) business days following the faxed transmission. The mailing address for
the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
AND
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, Registered Agent
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
AND
Pretreatment Emergency Response and Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Please indicate the case number(as found on page one of this letter)on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
Page 4 of 8

ollection System WQCS00324
JV-2009-0053
e3 21.2009
Please be advised that any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty. If you have any questions about this civil penalty assessment,
please contact Don Price of the Asheville Regional Office at ( 2 )296-4500.
4-e
' Utz fi')'4' Roger ' . Edwargional Supervisor
Surface Water Protection
Asheville Regional Office
ATTACHMENTS
cc: Regional Supervisor w/attachments
Public Information Officer
PERCS Unit Enforcement File w/attachments
Central Files w/attachments
GAWPDATA\DEMWQ\Burke\Burke County Collection Syystem\DV 2009 0053 Burke County doc
Page 5 of 8

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BURKE
COUNTY OF BURKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
BURKE COUNTY COLLECTION SYSTEM ) STIPULATION OF FACTS
}
}
PERMIT NO.WQCS00 324 ) FILE NO._ DV-2009-0053
Having been assessed civil penalties totaling $21.61.45 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated December 21,2009, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality with thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the day of 20
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number:DV-2009-0053 County: BURKE
Assessed Party: COUNI'Y OF BURI.
Permit No. (if applicable):WQCS00324 Amount Assessed: $ 2 t61.45
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an 4dministrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed
in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or°prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 29, 2009
Lewis Blackburn
409 Stillwater Road
Boomer,North Carolina 28606
Subject: Return of Application
401 Water Quality Certification
Hollow Springs Circle
DWQ Project# 08-0456
Caldwell/Wilkes County
Dear Mr. Blackburn:
The Division of Water Quality(DWQ) did not receive the requested information from the letter dated
September 10, 2008 in sufficient time. Therefore,the project application is considered incomplete and
inadequate for review by the Division of Water Quality (DWQ).
,-'lease note the attached Water Quality Certification 43689. If your project is for streambank stabilization of
500 feet or less written approval for work is not required. As I mentioned to you on the phone streambank
stabilization does not entail instream structures and the work cannot violate water quality standards. You
mentioned it is unknown if the work will take place due the death of the adjacent landowner. If in the future
you plan to pursue the project further, a new Pre-Construction Notification and applicable fee may be required
if the project is greater than 500 feet in length.
Please call Linda Wiggs 828-296-4500, if you have any questions.
Sincerely,
Roger�. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
Encl: WQC 3689
cc: Cyndi Karoly -401 Permitting Unit
ARO File copy
G:\WPDATA\DEMWQ\Caldwell\401 s\08-0456Return.doc

W YT
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins Dee Freeman
Governor Director Secretary
December 30, 2009
Ms. Sophia Gwyn
Processing Assistant V
North Carolina Wildlife Resources Commission
1709 Mail Service Center
Raleigh,North Carolina 27699-1709
RED': Additional Information for Duplicate Permanent Registration Requests
Dear Ms. Gwyn:
In response to your letter of December 16, 2009, at the time these vessels were purchased
and registered this agency was known as North Carolina Natural Resources and Community
Development-Division of Envirom-nental Management (NRCD-DEM) located at 59 Woodfin
Place, Asheville,NC, 28801, Mr. Forrest Westall, Regional Supervisor. Over the years this
agency's name has changed to what we are currently known as the North Carolina Department of
Environment and Natural Resources-Division of'Water Quality(NCDENR-DWQ)relocated to
2090 U.S. Highway 70, Swannanoa,NC 28778, Mr. Roger Edwards, Regional Supervisor. We
are one in the same.
I am returning the completed VL-I Forms for duplicate registrations for the two (2)
vessels along with a copy of your letter. If you require further information,please contact me at
[phone].
Sincerely,
Gwen Camp
Office Assistant IV
/ge
Enclosures
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swarmanoa,North Carolina 28778 One
Phone:[phone]M FAX:[phone] Customer Service:1-877-623-6748 NorthCarofina
Internet: www.ncwaterqtiality.org Natundly
An Equal Opportunity 1 Affirmative Action Employer

TIM
als""DE16 OR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 31, 2009
Mr. Fred Leonard, Manager
McDowell County Adult Care LLC
P.O. Box 1257
Marion, North Carolina 28752-1257
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0164
Permit No. NCO035157
Cedarbrook Residential Center WWTP
McDowell County
Dear Mr. Leonard:
A review of Cedarbrook Residential Center's monitoring report for September 2009 showed the following
violation:
Parameter Date Measuring Violation
Frequency
Total Residual Chlorine 09/05/2009 2 X per Week Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked"Compliant"when in fact it should
have been marked "Non-Compliant"with an explanation of the reason for the non-compliance.
Remedial actions should betaken to correct this problem. The Division of Water Quality may pursue enforcement
action for this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this office
within 10 (ten)workinq days of receipt of this letter. You should address the causes of non-compliance and all actions
taken to prevent the recurrence of similar situations.
If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
44
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Water Quality Lab &Operations/ORC
Q1NrfT1wEtt't cd o1i1 a , Ile
coi c iTM Nort hCarolinaNatilrallil
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.org FAX [phone] 1-877-623-6748

9
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 31, 2009
Mr. Fred Leonard;Manager
McDowell County Adult Care LLC
P.O. Box 1257
Marion, North Carolina 28752-1257
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0555
Permit No. NCO035157
Cedarbrook Residential Center
McDowell County
Dear Mr. Leonard:
A review of Cedarbrook Residential Center's monitoring report for August 2009 showed the following
violation:
i
Parameter Date Limit Value Reported Value Limit Type
Flow, in conduit or thru 08/31/09 0.003 mgd 0.004 mgd Monthly Average
treatment plant Exceeded
It was also noted that the Compliance box on the back of the DMR was marked"Compliant"when in fact it should
have been marked"Non-Com pliant"with an explanation of the reason for the non-compliance. Additionally,the permitted
flow limit is 0.030 mgd, not 0.032 mgd as marked on the DMR.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement
action for this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this office
within 10within 10 (ten)worki�days of receipt of this letterof receipt of this letter. You should address the causes of non-compliance and all actions
taken to prevent the recurrence of similar situations.
If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Water Quality Lab &Operations/ORC
G?V�!?S STfi\,DEM Q1(r ccio±3 !(`:35'1 7 Cedarbrook Residentia!? ntUr One
NorthCarolina
Nattirallif
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.orq-Qly FAX [phone] 1-877-623-6748

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