DWR SWP Read File ArchiveDec. 2010

A
JL
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 1,2010
Jackson County
DWQ Project 20100977
TIP No.B-4612
NCSR 1737(Caney Fork Road)
Approval of 401 Water Quality Certification with Additional Conditions
Mr.Kevin S.Rose
Environmental Compliance Specialist
Federal Highway Administration
21400 Ridgetop Circle
Sterling,Virginia 20166-6511
Dear Mr. Rose:
'ou have our approval,in accordance with the conditions listed below,for the following impacts in Caney Fork Creek,
-for the purpose of replacing Bridge No. 79,over Caney Fork Creek,on NCSR 1737(Caney Fork Road)in Jackson
County:
Stream Impacts in the Little Tennessee River Basin
Site Permanent Bank Permanent Temporary Total Stream
Fill in Stabilization Fill in Impacts in Stream Impacts
Intermittent in Perennial Perennial Perennial Impact Requiring
Stream (linear Stream Stream Stream (linear ft) Mitigation
ft linear ft linear ft linear ft inear ft
Total Site 0 96 77 110 110 0
Total 0 96 77 110 110 0
Total Permanent Stream Impacts for Project: 77 linear feet. Total Bank Stabilization Impacts for Project: 96
linear feet. Total Temporary Impacts for Project: 110 linear feet.
All impacts will occur within a 110 linear feet section of Caney Fork Creek.
Wetland Impacts in the Little Tennessee River Basin(Riverine)
Site Fill Fill Excavation Mechanized Hand Area Total Wetland
(ac) (temporary) (ac) Clearing Clearing under Impact(ac)
(ac) (ac) (ac) Bridge
(ac)
Site 1 0.01 1 0.0 0.0 1 0.00 0.0 1 0.0 0.01
Total 0.01 0.0 0.0 0.00 0.0 0.0 0.01
"otal Wetland Impact for Project: 0.09 acres.
SURFACE WATER PROTECTION SECTION-ASHEVILLEREGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer Natmaliff

Mr.Kevin S.Rose
December 1,2010
Page Two
The project should be constructed in accordance with your application dated November 18, 2010 (received November 19,
2010), including the environmental commitments made in the application letter. After reviewing your application, we
have decided that these impacts are covered by General Water Quality Certification No. 3687, corresponding to the U.S.
Army Corps of Engineers Nationwide Permit Number 3. In addition,you should acquire any other federal, state or local
permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge
and Water Supply Watershed regulations.
This approval is valid solely for the purpose and design described in your application(unless modified below). Should
your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must
be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If
total wetland fills for this project(now or in the future)exceed one acre,or if total impacts to streams(now or in the
future)exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506(h)(6)and
(7). For this approval to be valid,you must follow the conditions listed in the attached certification and any additional
conditions listed below.
Condition(s)of Certification:
1. There shall be no excavation from or waste disposal into,jurisdictional wetlands or waters associated with this permit
without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located
in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction
activities.
2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this"---,\
Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall"--)
be removed and the natural grade restored upon completion of the project.
3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to protect surface waters
standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
4. The permittee shall use/Design Standards in Sensitive Watersheds/[15A NCAC 4B.0124(a)-(e)] in areas draining to
trout waters. However, due to the size of the project,the FHWA shall not be required to meet 15A NCAC 4B.0124
(a)regarding the maximum amount of uncovered acres. Temporary cover(wheat,millet,or similar annual grain)or
permanent herbaceous cover should be planted on all bare soil within 15 business days of ground disturbing activities,
to provide erosion control.
Tall fescue shall,not be used in the establishment of temp orary_or permanent groundcover within riparian areas. For
the establishment of permanent herbaceous cover,erosion control matting shall be used in conjunction with
appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the

,. Rose
ar 1,2010
fhree
following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control
devices such as silt fence,temporary sediment ditches,basins,etc. Matting should be secured in place with staples,
stakes, or wherever possible, live stakes of native trees. Erosion control matting placed in riparian areas shall not
contain a nylon mesh grid,which can impinge and entrap small animals. For establishment of temporary groundcover
within riparian areas,hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer-and
lime-free tank is allowable at the appropriate rate in conjunction with the erosion control measures. Discharging
hydroseed mixtures and wood or cellulose mulch into surface waters is prohibited. Riparian areas are defined as a
distance 25 feet landward from top of stream bank.
5. In-stream work and land disturbance within the 25-foot buffer zone are prohibited during the trout-spawning season of
October 15 through April 15 to protect the egg and fry stages of trout.
6. For projects impacting waters classified by the NC Environmental Management Commission as Trout(Tr),High
Quality Waters(HQW), or Water Supply I or II(WS-I or WS-11)stormwater shall be directed to vegetated buffer
areas,grass-lined ditches or other means appropriate to the site for the purpose of pretreating stormwater runoff prior
to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged.
7. All work in or adjacent to stream waters shall be conducted in',a dry work area. Approved BMP measures from the
most current version of NCDOT Construction and Maintenance Activities Manual, such as sandbags,rock berms,
cofferdams and other diversion structures, shall be used to prevent excavation in flowing water.
8. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction
contours and elevations. The impacted area shall be revegetated with appropriate native species.
9. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and
Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification.
0. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This
water shall be captured,treated and disposed of properly.
11. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction
methods. More specifically,jetting or other methods of pile driving are prohibited without prior written approval
from NCDWQ first.
12. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in
this certification.
13. All bridge construction shall be performed form the existing bridge,temporary work bridges,temporary causeways or
floating or sunken barges. If work conditions require barges, they shall be floated into position and then sunk. The
barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the
bottom of the surface water.
14. Bridge deck drains should not discharge directly into the streams. Stormwater shall be directed across the bridge and
pre-treated through site-appropriate means (grassed swales,'pre-formed scour holes, vegetated buffers, etc.) before
entering the stream. Please refer to the most current version of Stormwater Best Management Practices.
15. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
16. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and
red maple) must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
17 The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization
shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
18. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
19. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants,hydraulic fluids, or other toxic materials.
.0. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval

Mr.Kevin S.Rose
December 1,2010
Page Four
21.Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
22. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life and fish kills.
23. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
24. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the.
Water Quality Certification and all subsequent modifications,if any, shall be maintained with the FHWA and the on-
site project manager.
25. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
26. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
27. The outside buffer,wetland or water boundary located within the construction corridor approved by this authorization
shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the
fencing are prohibited unless otherwise authorized by this certification.
28. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other
appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being
met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that
further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. f
29. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules",--_
regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
30. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
31. Upon completion of the project,the FHWA shall complete and return the enclosed"Certificate of Completion Form"
to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be returned
to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd., Suite 250, Raleigh,
North Carolina 27604.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404
or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60)
days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter
150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service
Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an
adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the
Certification. Unless such demands are made,this Certification shall be final and binding.
't .

- Rose
,x 1,2010
rive
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
Coleen H. Sullins,Director
Division of Water Quality
cc: Lori Beckwith,USACE,Asheville Field Office
J. B. Setzer,Division 14 Engineer
Mark Davis,Division 14 DEO
Ed Ingle,Roadside Environmental
David McHenry,NCWRC
Transportation Permitting Unit
Asheville Regional Office
100977(Rose)Bridge No.79 NCSR 1737

North Carolina
,.rtment of Environment
A Natural Resources
Asheville Regional Office •
Beverly Purdue,Governor Elaine F.Marshall,Secretary NCDENR
Coleen H. Sullins,Director NORTH CAROLINA DEPARTMENT OF
Division of Water Quality ENVIRONMENT AND NATURAL RESOURCES
SURFACE WATER PROTECTION
December 1st, 2010
MEMORANDUM
TO: Andrea Thomas
THROUGH: Orr Edwards
FROM: J e Aaron
SUBJECT: ARO Fecal Coliform Sampling for 2010
- During 2010 the Ambient Monitoring System identified four sites
classified "B" waters in the French Broad River to have elevated fecal
coliform numbers . The French Broad River at E1270000, E2730000, E4280000
and E4770000 showed elevated levels during the calendar year of 2009. In
2010, follow up "5 in 30" sampling was initiated to determine if standard
2B. 0219 (3b) was violated at four sites along the French Broad.
The 2010 sampling on the French Broad River occurred from July 13, 2010
to August 12th for E2730000 and E4280000 . Sites E1270000 and E4770000
were 'sampled from October 12th through October 19, 2010 . There were no
reports of any SSO' s reported during these time periods at any site
however rainfall was not taken into account. All samples were analyzed at
the Asheville Regional Office within 6 hours of collection time.
E2730000 was the only site that violated the standard 2B. 0219 (3b) : fecal
coliform not to exceed a geometric mean of 200/100 ml based upon at least
five consecutive samples examined during any 30-day period and not to
exceed the standard of 400/100 ml in more than 20 percent of the samples
examined during such period.
Summary Tables are provided below.
One
2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Telephone [phone] FAX [phone] NorthCarolina
An Equal Opportunity Affirmative Action Employer
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Date E2730000
13-Jul 200
15-Jul 200
22-Jul 220
29-Jul 360
12-Aug 370
259
Date E4280000
13-Jul 110
15-Jul 41
22-Jul 180
29-Jul 380
12-Aug 100
" . i,! 12 5
Date E1270000
12-Oct 160
13-Oct 300 with B4 Qualifier
14-Oct 130
18-Oct 140
19-Oct 150
1"Mmag 167
Date E4770000
12-Oct 16
13-Oct 56
14-Oct 20
18-Oct 21
19-Oct 28
K, 25
2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Telephone [phone] FAX [phone] OneNorthCarolina
An Equal Opportunity Affirmative Action Employer
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RMENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Dee Freeman
Governor Director
Secretary
December 2, 2010
Ms. Erin Gunder
2884 Bridlewood Drive
Palm Harbor, FL 34683-2001
Subject: 401 Water Quality Certification -Approval
Gunder- Lake Glenville Shoreline Stabilization
DWQ Project# 01-0082 ver2
Jackson County
LTN02/Lake Glenville (Thorpe Lake)/2-79-23-(1)/WS-III, B, HQW
Dear Ms. Gunder:
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 976 square feet(0.022 acres;
i 22 linear feet of shoreline) of open waters for the purpose of shoreline stabilization at the subject property.
This approval requires you to follow the conditions listed in the attached Certification and any additional
conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USAGE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including(but not limited to) Erosion and Sediment
Control 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:
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 NorthCarolma
'VltunaMy
An Equal Opportunity 1 Affirmative Action Employer

Ms.Gunder
December 2,2010
Page 2 of 2
Amount Approved(Units) Plan Location or Reference
Waters 0.022 (acres) As in application (boulder
122 linear feet wall with rip-rap below full
pool—as specified in Duke
Power Stabilization
Guidelines)
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Susan A. Wilson in the Asheville Regional Office
at(828)296-4500.
Sincerely,'
Coleen H. Sullins, Director
CHS/saw
Enc: GC3693
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
Jackson County Planning
Lisa Leatherman, Duke Energy/Lake Services
File Copy
SAS WP\Jackson\401s\Non-DOT\Gunder Prop-Lake Glenville\APRVL.Gunder.12 2010.doc

A
NCQENR
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, 2010
Mr. Helmut J. Eichhorn
9350 Bluffwind Chase
Roswell, GA 30076
Subject: 401 Water Quality Certification-Approval
Eichhorn Property—Shoreline Stabilization
DWQ Project# 10-0938
Jackson County
LTN02/Lake Glenville (Thorpe Lake)/2-79-23-(1)/WS-III, B, HQW
Dear Mr. Eichhorn:
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 1250 square feet(0.029 acres;
.:25 linear feet)of waters for the purpose of shoreline stabilization at the subject property. This approval
requires you to follow the conditions listed in the attached Certification and any additional conditions
listed below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including (but not limited to) Erosion and Sediment
Control 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:
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
828-296-45001 FAX:[phone] Customer Service:1-877-623-6748 NOrt11CaT O�llla
Internet:www.ncwaterquality,org �R'tllt'lx��lf
An Equal Opportunity 1 Affirmative Action Employer

Mr.Eichhom
December 2,2010
Page 2 of 2
Amount Approved(Units) Plan Location or Reference
Waters Approximately: Refer to application—
0.029 (acres) Appx. 2 foot high dry stack
125 linear feet (above full pool); rip-
rap/native stone below full
pool (in accordance with
Duke Energy guidelines)
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 thej
Clean Water Act. If you have any questions,please contact Susan A. Wilson in the Asheville Regional Office
at(828)296-4500.
Sincerely,
Coleen H. Sullins, Director
CHS/saw
Enc: GC3693
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
Lisa Leatherman, Duke Energy—Lake Services
File Copy
S:\SWP\Jackson\401s\Non-DOT\Eichhorn Property Lake Glenville\APRVL.Eichhorn Prop.12 2010.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 2, 2010
Mark Young, PE
City of Morganton
Post Office Box 3448
Morganton,NC 28680-3448
Subject: Activities Deemed Certified
Grace Hospital—Sterling Street Extension. 105 Utility Relocation
DWQ Project#2010-0897
Burke County
CTB31 /East Prong Hunting Creek/ 11-36-1 /WSIV
Dear Mr. Young:
The Division of Water Quality(Division)has completed the review of the 401 Water Quality Certification
application associated with the project listed above.
it has been determined that the subject project does not require written concurrence from the Division and is
deemed certified, if the conditions required by Water Quality Certification No. 3819 are followed. In addition,
the County should obtain or otherwise comply with any other required federal, state or local permits before
proceeding with the project, including (but not limited to)Erosion and Sediment Control regulations.
This letter completes the review of your application by the Division 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,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
CHS/khb
cc: USACE Asheville Regulatory Field Office
Wildlife Resources Commission—Ron Linville
401 Permitting Unit—Central Office
ARO File Copy
S:\SWP\Burke\401s\Non-DOT\Sterling Street Ext.105 Util Relocation\Deemed Certified.12-02-2010.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 NOl thCarolina
Internet:www.ncwaterquality.org a' a//aturff
An Equal Opportunity\Affirmative Action Employer v t`

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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 3, 2010
Mr. Kurt Wright, PE
Kurt D. Wright &Associates, Inc.
163 Heritage Lane
Bostic, North Carolina 28018
Subject: Aeration - Pilot Project
Town of Spindale WWTP
NPDES Permit NCO020664
Rutherford County
Dear Mr. Wright:
This office is in receipt of your letter dated November 24, 2010, informing us of the Town
of Spindale's intention to run a Pilot Test on a new piece of equipment to provide an alternative
source of oxygen and mixing for the aeration basins.
Additional information about the extent of this Pilot Project should be included in your
reply. For example, will this project include a portion of the WWTP facility or the whole WWTP.
If it is the intention to include the whole WWTP, then an A to C from Construction Grants and
Loans will be required. If it does not include the whole WWTP, then please be specific as to the
extent of the Pilot Project.
We look forward to your reply. If you should have any questions, please call me at 828-
296-4500.
Sincerely,
Don Price
WWTP Consultant, Asheville Regional Office
cc: DWQ Central Files
Spindale Town Manager
S:\SVVP1RutherfordtWastewaterlMunicipailSpindale WWTP 206641TownofSpindalePilotProject,doe ore
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwatergualitV.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 3, 2010
Mr. Chris Cormier
Carolina Specialties Construction
P.O. Box 825
Hendersonville,NC 28793
Subject: Stream Determination
18 Allison Road, Mills River(site of Pac Rats, LLC)
Henderson County
Dear Mr. Cormier:
'he Division of Water Quality(DWQ) staff(Kevin Barnett and Susan Wilson)performed a stream
' determination at 18 Allison Road(Pac Rats, LLC site) on November 19, 2010. The stream runs along the
northeast/east side of the property behind the storage units. The stream is McKinney Branch, a Class WS-IV
(Watersupply IV) stream in the French Broad River Basin [ref. Stream Index No. 6-52-10].
A topographic map of the area,the stream classification, and the NCDWQ Stream Identification Form is
attached for your reference. As we discussed,the stream is a second order stream and is considered perennial.
This stream is a"blue line" stream and has likely been designated on the USGS map for many years (DWQ
found the stream on a photo revised 1991 version of a USGS map).
All applicable wastershed rules and water quality rules pertinent to "blue line"and perennial streams apply. It
is DWQ's understanding that for the Town of Mills River, the state Division of Land Quality regulates sediment
and erosion control, while Henderson County implements the Watersupply Watershed rules. You may wish to
contact someone in the Division of Land Quality at(828) 296-4500, should you have questions regarding
erosion control for your project. You may also wish to again contact Natalie Berry, P.E.,Assistant County
Engineer for Henderson County, at(828) 694-6526 regarding Henderson County's Watersupply Watershed
ordinances specific to your proposed project.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCarollna
Internet:www.ncwaterquality.org
Naturally
An Equal Opportunity 1 Affirmative Action Employer

Mr.Cormier
December 3,2010
Page 2 of 2
Should you have further questions about this stream determination, please call me at (828) 296—4665.
Sincerely,
V'✓v
Susan A. Wilson, P.E.
Environmental Engineer
w/attachment
Cc: ARO Files(w/attachment)
Natalie Berry, P.E., Assistant County Engineer, Henderson County(w/attachment)
Julie Ventaloro,Program Coordinator, Watersupply Watershed Program/DWQ
S:\SWP\Henderson\Stream Calls\18 Allison Road Mills River stream ID.doc
i

NC DWQ Stream Identification Form Version 4.11 LLC
Date: Project/Site: i'�L�t5r9� }> Latitude:
Evaluator: err SA-� Wig County: , 9 Longitude:
Total Points:
Stream is at least intermittent �ULeNIV Stream Determination(circle o Other
if>_19 or erennial if>_30* f?. Ephemeral Intermitten erennia e.g.Quad Name:
A. Geomorphology (Subtotal = ice.5 ) Absent Weak Moderate Strong
1a.Continuity of channel bed and bank 0 1 2
2.Sinuosity of channel along thalweg 0 1 2
3. In-channel structure:ex.riffle-pool, step-pool, 0 1 2
ripple-pool sequence
4. Particle size of stream substrate 0 1 2
5.Active/relict floodplain 0 1' 2 3
6. Depositional bars or benches 0 1 2 3
7. Recent alluvial deposits 0 1 2 3
8. Headcuts 1 2 3
9.Grade control 0 0.5 1 1.5
10. Natural valley 0 0.5 1 1.5
11.Second or greater order channel No=0 es
a artificial ditches are not rated;see discussions in manual ZD
B. Hydrology Subtotal = .S
12. Presence of Baseflow 0 1 2 3 f
13. Iron oxidizing bacteria CO) 1 2 3
14. Leaf litter 1.5 1 0.5 0
15.Sediment on plants or debris 0 0.5 1 1.5
16.Organic debris lines or piles 0 0.5 1 1.5
17.Soil-based evidence of high water table? No=0 Yes=3 -7.S
C. Biology Subtotal= jo.5
18. Fibrous roots in streambed 3 2 1 0
19. Rooted upland plants in streambed 3 2 1 0
20. Macrobenthos(note diversity and abundance) 0 1 2 a,
21.Aquatic Mollusks 0 G� 2 3
22. Fish C( 0.5 1 1.5
23.Crayfish 0' 0.5 1 1.5
24.Amphibians 0 0.5 1 1.5
25.Algae 0 0.5 1 1.5
26.Wetland plants in streambed FACW=0.75; OBL=1.5 Other=0 'Ki ll+ S
*perennial streams may also be identified using other methods.See p.35 of manual.
Notes: Q Aj
�9 O
Sketch:
5-rp{�4,z
i

jENR-DIVISON OF WATER QUALITY 23 .0300
.0304 FRENCH BROAD RIVER BASIN
Class
Name of Stream Description Class Date Index No.
Brightwater Branch (Lake From source to Shaw Creek WS-IV,B 04/01/96 6-50-2
Stel)
Battle Creek From source to Shaw Creek WS-IV 04/01/96 6-50-3
Mill Pond Creek From source to French Broad WS-IV 04/01/96 6-51
River
Marston Creek From source to Mill Pond WS-IV 04/01/96 6-51-1
Creek
Boylston Creek From source to a point 0.3 C 08/01/98 6-52-(0.5)
mile upstream of Murray
Branch
Sutton Creek (Sitton Creek) From source to Boylston C 08/01/98 6-52-1
Creek
Polecat Branch From source to Sutton Creek C 08/01/98 6-52-1-1
Long Branch From source to Sutton Creek C 08/01/98 6-52-1-2
Osborne Branch From source to Boylston C 08/01/98 6-52-2
Creek
Dog Creek From source to Boylston C 08/01/98 6-52-3
Creek
Woody Branch From source to Boylston C 08/01/98 6-52-4
Creek
Sam Branch From source to Woody Branch C 08/01/98 6-52-4-1
Goldmine Branch From source to Boylston C 08/01/98 6-52-5
Creek
Betty Branch From source to Boylston C 08/01/98 6-52-6
Creek
Boylston Creek From a point 0.3 mile WS-IV 08/01/98 6-52-(6.5)
upstream of Murray Branch
to French Broad River
Lyday Lake Entire lake and connecting WS-IV 04/01/96 6-52-7
stream to Boylston Creek
Murray Branch From source to Boylston WS-IV 04/01/96 6-52-8
Creek
Crawford Branch From source to Boylston WS-IV 04/01/96 6-52-9
Creek
McKinney Branch From source to Boylston WS-IV 04/01/96 6-52-10
Creek
Sweetwater Branch From source to Boylston WS-IV 08/03/92 6-52-11
Creek
FRENCH BROAD RIVER From a point 0.6 mile WS-IV,B;CA 08/01/02 6-(52.5)
upstream of Mills River to
Mills River
Innisfree Lake Entire lake and connecting WS-IV;CA 04/01/96 6-53
stream to French Broad River
Mills River From source to a point 0.5 WS-II;Tr,HQW 08/03/92 6-54-(1)
mile upstream of N.C. Hwy.
191
Page 23 of 63 2010-11-13 07:18:26

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WDENR
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, 2010
Lee Smith, Utilities Director
City of Hendersonville
P.O. Box 1760
Hendersonville, N.C. 28793
Subject: Permit No. WQ0035128
City of Hendersonville
Shano Commons
Wastewater Collection System Extension
Henderson County
Dear Mr. Smith:
In accordance with your application received November 16, 2010, and additional information
received on November 23, 2010, we are forwarding herewith Permit No. WQ0035128, dated December
3, 2010, to the City of Hendersonville for the construction and operation of the subject wastewater
collection system extension. This permit shall be effective from the date of issuance until rescinded,
and shall be subject to the conditions and limitations as specified therein. This cover letter shall be
considered a part of this permit and is incorporated therein by reference. Please send Don Price a copy
of the "notice to proceed" issued to your.contractor for this collection system extension.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any
individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the
Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless
specifically mentioned herein. Division approval is based on acceptance of the certification provided by
the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's
responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules.
Failure to comply may result in penalties in accordance with North Carolina General Statute §143-
215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities,
and/or referral of the North Carolina-licensed Professional Engineer to the licensing board.
Asheville Regional Office Internet www.ncwaterquality.org
2090 US Highway 70,Swannanoa,NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

City of Hendersonville December 3, 2010 Pago
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to the City of Hendersonville for the construction and operation of approximately 355 linear feet
of 8-inch gravity sewer to serve 4 2-bedroom residences as part of the Shano Commons project, and
the discharge of 960 gallons per day of collected domestic wastewater into the City of Hendersonville's
existing sewerage system, pursuant to the application received November 16, 2010 and in conformity
with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996
as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations
and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and
approved by the Department of Environment and Natural Resources and considered a part of this
permit.
The sewage and wastewater collected by this system shall be treated in the City of
Hendersonville's Treatment Facility (Permit No. NC0025534) prior to being discharged into the
receiving stream.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have
the right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Don Price at (828) 296-
4500. 1
i
Sincerely,
for Coleen H. Sullins, Director
Division of Water Quality
cc: Henderson County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0025534)
Jon H. Laughter, P.E./Laughter, Austin, and Associates, PA
Surface Water Protection Section Central Files
PERCS Files
SASWRHenderson\Collection Systems\Hendersonville CSIWQ0036128 Shano Commons Sewer 12 3 2010.doc

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

PERMIT NO.WQ0035128, City of Hendersonville, Shano Commons Project, Henderson County December 3,20,
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

AIT NO.WQ0035128, City of Hendersonville, Shano Commons Project Henderson County December 3 2010
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 3rd Day of December, 2010
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for tol4en H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0035128
3

PERMIT NO.W00035128 City of Hendersonville Shano Commons Project, Henderson County December 3,2t,
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description:
permission is hereby granted to the City of Hendersonville for the construction and operation of
approximately 355 linear feet of 8-inch gravity sewer to serve 4 2-bedroom residences as part of the
Shano Commons project, and the discharge of 960 gallons per day of collected domestic wastewater
into the City of Hendersonville's existing sewerage system, pursuant to the application received
November 16, 2010
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.

WDENR
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, 2010
John McCracken, Chairman
Junaluska Sanitary District
P.O. Box 35
Lake Junaluska, N.C. 28745
Subject: Permit No. WQ0035114
Junaluska Sanitary District
Tuscola Park Water& Sewer Upgrade
Wastewater Collection System Extension
Haywood County
Dear Mr. McCracken:
In accordance with your application received October 19, 2010, and additional information
received on November 15, 2010, we are forwarding herewith Permit No. WQ0035114, dated December
3, 2010, to Junluska Sanitary District 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

Junaluska Sanitary District December 3, 2010 Page;
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to the Junaluska Sanitary District for the construction and operation of approximately 4,890
linear feet of 8-inch gravity sewer to serve 31 3-bedroom residences as part of the Tuscola Park Water
and Sewer Upgrade project, and the discharge of 0 gallons per day of collected domestic wastewater
into the Town of Waynesville's existing sewerage system, pursuant to the application received October
19,2010 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track
Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other
supporting data subsequently filed and approved by the Department of Environment and Natural
Resources and considered a part of this permit.
The sewage and wastewater collected by this system shall be treated in the Town of
Waynesville's Wastewater Treatment Facility (Permit No. NC0025321) prior to being discharged into
the receiving stream.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have
the right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Don Price at (828) 296-
4500.
Sincerely,
,rp f
° �1L• zC G
for Coleen H. Sullins, Director
Division of Water Quality
cc: Henderson County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0025321)
Jeffery T. Brown. P.E./Brown Consultants, PA
Town of Waynesville WWTP
Surface Water Protection Section Central Files
PERCS Files
SASWMAMoodlCollection SystemslJunaluska Sanitary District Collection System\Wo0035114 Junluska Sanitary District Tuscola Park W and S upgrade 12 3 2010 doc

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

PERMIT NO.WQ0035114,Junaluska Sanitary District,Tuscola Park W&S Upgrade Haywood County December 3 2U.
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

.MIT NO.WQ0035114,Junaluska Sanitary District,Tuscola Park W&S Upgrade, Haywood County December 3,2010
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition I(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 3rd Day of December, 2010
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
97>
---'--
for tol en H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0035114
3

PERMIT NO.W00035114, Junaluska Sanitary District,Tuscola Park W&S Upgrade, Haywood County December 3,20
ENGINEERING CERTIFICATION — POST CONSTRUCTION
System Description:
permission is hereby granted to the Junaluska Sanitary District for the construction and operation of
approximately 4,890 linear feet of 8-inch gravity sewer to serve 31 3-bedroom residences as part of the
Tuscola Park Water and Sewer Upgrade project, and the discharge of 0 gallons per day of collected
domestic wastewater into the Town of Waynesville's existing sewerage system, pursuant to the
application received October 19, 2010
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
f"
❑ 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.

1+,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 6, 2010
Mr. John Kinnaird, P.E.
Brooks Engineering Associates
17 Arlington Street
Asheville,NC 28801
Subject: Request for More Information
Quigley Project/ State Stormwater Application SW1100701
DWQ 401 Project# 09-0533
Madison County
Response deadline: January 10, 2011
Dear Mr. Kinnaird:
The Division of Water Quality (DWQ)has performed a preliminary review of the state stormwater application
�r the above referenced project(SW1100701). As discussed in the meeting with you on December 3, 2010,
additional information will be required in order to complete the review process. Please provide the information
attached to this letter so that we may continue to review the project.
You should provide your written response to the addresses below by January 10, 2010. An original and one
copy of the required information should be provided to the Asheville Regional Office:
Attn: Susan A. Wilson
Surface Water Protection Section
2090 US HWY 70
Swannanoa,NC 28778
A courtesy copy of the required information should also be provided to the Stormwater Permitting Unit at:
Attn: Mr. Robert Patterson
DWQ/ Stormwater Permitting Unit
1617 Mail Service Center
Raleigh,NC 27699-1617
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 7�T�ne t r r 1
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 i.y OIe11L.cO11I1a
Internet:www.ncwaterquality.org �n
An Equal Opportunity 1 Affirmative Action Employer Utyrall

Mr.John Kinnaird,P.E.
December 6,2010
Page 2 of 3
This letter only addresses the preliminary application review and does not authorize any impacts (at this time)
by the DWQ. This additional information request does not preclude the DWQ from requesting additional
information after review of the resubmitted information.
If you have any questions regarding this letter or cannot meet the January 10, 2011 date, please call Susan A.
Wilson [phone], elsewise your project may be returned as incomplete.
Sincerely,
P
Susan A. Wilson, P.E.
Surface Water Protection
Asheville Regional Office
cc: Ian McMillan, 401 Permitting Unit J
Robert Patterson, SWPU/DWQ
Mr. William McKee, Whiteside Fund LP, 9 Pack Square SW, Suite 300, Asheville,NC 28801
Jennifer Robertson, WNR, P.O. Box 882, Canton,NC 28716
ARO File copy
S:\SWP\1\4adison\Stormwater\5-State Stormwater\Quigley SSw and 401\Addlnfo.SW1100701 Quigley.12.2010.doc

_o0701
aditional Information Items
1. Please provide the construction sequence for the BMPs (it is important that the area be stabilized prior to
the construction of the BMPs).
2. Soil borings in the actual area of the Bioretention BMPs should be provided (representative soil borings
for the cottage infiltration BMPs is acceptable).
3. Please indicate DAl more clearly.
4. Indicate why the detention ponds after the Bioretention BMPs are required (as you stated, a Madison
County ordinance),provide a typical design for them, and show the outlet for Detention Pond 3. Since
the"bypass"from the Bioretention BMPs go to the detention ponds, it is especially important that the
outflows from the detention ponds are nonerosive. The DWQ does have some concerns that no bypass
is provided before or within the Bioretention BMPs, but is willing to consider this design(and may
caveat the permit that corrective measures must be taken if erosivity occurs or if the Bioretention BMPs
do not work as intended).
5. Please recheck the calculations for the broad crested weir on the Bioretention overflow weirs.
6. Please confirm that the Bioretention BMPs have the minimum planting density(400 stems/acre).
7. Specify double or triple shredded hardwood mulch for the Bioretention BMPs.
8. Reconfirm the surface area for each BMP (and state how this will be confirmed in the field).
9. Make corrections/clarifications on the Supplement pages to the BMPs ("N" for vegetated filter,,
reconfirm drawdown rates, etc.)
10. The overflow from Bioretention 2 is routed to the existing pond. Please explain how this will not cause
hydraulic issues for the pond.
11. The elevations for Bioretention 3 should be corrected.
12. Please provide example calculations for the infiltration BMPs (typical). Also provide a StormTech
brochure for the specific system to be used. Please explain how the bypass from these BMPs will be
non-erosive. In addition, the seasonal high water table must be greater than 2 feet for the infiltration
trenches.
13. The total impervious surface area for the cottages must be restricted to ensure that each infiltration
system can appropriately handle/treat the first inch of rainfall. Since this area is maintained by the
owner(and will not be sold as individual lots)you may need to modify the DWQ's Deed Restriction
document.
14. Some drains in the golf course area appear to have plunge pools/energy dissipaters near the wetland
areas. These should be kept out of the wetland areas (as far back as feasible). Other plunge
pools/energy dissipaters should be kept 30 feet from surface waters (as has been discussed in prior
meetings regarding the 401 approval—this appears to have been complied with via the plans).

��\
1
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A'
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
December 6, 2010
Bob Boyette,City Manager
City of Marion
94 Shop Drive
Marion,North Carolina 28737
Subject: 401 Water Quality Certification-Approval
UT to Youngs Fork Stream Enhancement
DWQ Project#2010-0535
McDowell County
CTB30/UT to Youngs Fork Creek (Corperning Creek)/ 11-32-1-4/Class C
Dear Mr. Boyette:
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 450 feet of streams and for the purpose of stream
storation 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 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 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 450 (feet) Plan Details
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]M FAX:[phone] Customer Service:1-877-623-6748 N(�PthCarollna
Internet:www.rimaterquality.org
1;1h, lt�
An Equal Opportunity 1 Affirmative Action Employer

City of Marion
December 6,2010
Page 2 of 2
Additional Conditions
1. Turbidity Standard
The turbidity standard of 50 NTUs(Nephelometric Turbidity Units)shall not be exceeded as described in 15 A
NCAC 2B. .0200.Appropriate sediment and erosion control practices must be used to meet this standard.
2. As-Built Drawings
Within 60 days of completion of construction, as-built drawings shall be submitted to both the DWQ 401 Central
Office and to the Asheville Regional Office.
3. Monitoring benchmarks must be established. Cross sectional and longitudinal measurements shall be conducted
quarterly for the first year after completion of the work,then annually for 4 more years(along with photo
documentation). Reports shall be submitted annually(after the end of each monitoring year). Both the ACOE and
DWQ shall be notified if repairs are necessary and receive approval prior to implementation. Vegetation assessments
shall also be made and reported during this time.
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 828-296-4500.
Sincerely,
Coleen H. Sullins,Director
CHS/khb
Enc: GC3689
Certificate of Completion
cc: Jason Zink,NCSU Cooperative Extension
100 Fredrick Law Olmstead Way,Asheville,North Carolina 28806
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
S:\SWP\McDowell\401 s\Non-DOT\UTtoYoungsForkStreamEnhancement\Wppv1.10-0535.UTtoYoungsFork.doc

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 6, 2010
Steve and Peggy Im
Post Office Box 1547
Eatonville, Washington 98328
Subject: 401 Water Quality Certification-Approval
Im Property Access
DWQ Project#2008-1560 Ver.2
Cherokee County
HIW02/Rose Creek/ 1-57-7-1 /Class C
Dear Mr. and Mrs. Im:
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 100 feet of streams (60 linear feet of
teplacement and 40 linear feet of new culvert) for the purpose of property 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 3687 and 3821. This Certification
allows you to use Nationwide Permit 3 and 29 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including (but not limited to) Erosion and Sediment
Control 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:
LAmount Approved(Units) Plan Location or Referenceream 100 (feet) Plan details
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NO1eI1Cc�f011lla Internet:www.ncwaterquality.org �'tllrlxllt�
An Equal Opportunity 1 Affirmative Action Employer N i i�/

Steve and Peggy Im
December 6,2010
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
U
Coleen H. Sullins, Director
CHS/khb
Enc: GC3687 and 3821
Certificate of Completion
cc: Jennifer Robertson,Atlas Environmental, Inc.
Lori Beckwith, USACE Asheville Regulatory Field Office
David McHenry,NC Wildlife Resources Commission
401 Permitting Unit—Central Office
File Copy
S:\S WP\Cherokee\401 s\Non-DOT\Steve&Peggylm\Appvl.lm.12-06-2010.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 6, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 2069
Mr. J. Robert Boyette
City of Marion
P.O. Drawer 700
Marion,North Carolina 28752
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO031879
City of Marion
Corpening Creek WWTP
Case No. LV-2010-0397
McDowell County
Dear Mr. Boyette:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,567.00 ($1,500.00 civil penalty+$67.00 enforcement costs) against the City of Marion.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by the City of Marion for the month of June 2010. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0031879. The violations which occurred in
June 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the City of Marion violated the
terms, conditions or requirements of NPDES Permit NCO031879 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against the City of Marion:
Noe Carolina
4011rY
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.ncwatercivality.org eA*N

0 of the 1 violations of G.S. 143 215.1(a)(6) and NPDES Permit No.
$.00 NC0031879,by discharging waste water into the waters of the State
in violation of the Permit Daily Minimum limit for DO.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NNC0031879, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for CADMIUM.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0031879, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$1,000.00 NC0031879,by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS -Conc.
$1,500.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$1,567.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice,you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

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

days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The petition may be filed by facsimile (fax)or electronic mail by an
attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a
filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings
within seven(7)business days following the faxed or electronic transmission. You should contact
the Office of Administrative Hearings with all questions regarding the filing fee and/or the details
of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment. If you have any questions, please contact Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/attachments
S.',SWP`1TV1s X)—vVeil'V aster,,ialerF %,IunieipahCotrcning Creek WWTP 3I879AN-20I0-0397.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2010-0397 County: McDowell
Assessed Party: City of Marion/Corpening Creek WWTP
Permit No: NC0031879 Amount Assessed: $1,567.00
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 ENVIRONMEN
AND NATURAL RESOURCES
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
THE CITY OF MARION/CORPENING CREEK )
PERMIT NO. NCO031879 ) FILE NO. LV-2010-0397
Having been assessed civil penalties totaling $1,567.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated December 6, 2010,the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this.civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 8,2010
Mr. J. J. Swain, Jr.,P.E.
Division 13 Engineer
N.C. Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspection-US Highway 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 1, 2010, I inspected the construction work on the US Highway 19/19E Project in Madison and
Yancey Counties. Major grading, culvert work, bridgework and paving are underway along the entire length
of the project.
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
Mike Parker,Asheville Regional Office
US 19/19E December 2010 Inspection Letter
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Customer Service:1-877-623-6748 NorthCafohna
Internet:wwwmwateroualitv.ora NaNra rl#
An Equal Opportunity 1 Affirmative Action Employer `

Q Site Visits for DOT Proiects
Field Sheet
DWQ representative: Michael R.Parker Date: rDecember 1,2010
County: Buncombe Region: Asheville
DOT Division: Division 13 -�
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: WQC No.3706 1 NW Permit#:C� IP#:
Project Name: Improvements to US Highway 19E
Location of Project: US Highway 19 and 19E from future I-26 in Madison County to SR 1336 in Yancey
County
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities(DOT): Water Quality Concerns (DWQ):
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 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 . Est linear ft/acreage of buffer impact ft/ ac
Buffer Designation: []Exempt ❑Allowable ❑Allowable w/mitigation❑Prohibited

DWO Site Visits for DOT 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-III ❑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❑1/1 ld'to 1/3rd acre
X❑1/3`d to 1.0 acre ❑> 1.0 acre
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,construction work and paving continues along the entire length of the project.
2.All sediment and erosion control basins should be inspected and cleaned out if needed. All silt
fences should be inspected and checked for proper operation. All high visibility fencing should be
checked for proper installation.
3.Recommend installing sediment and erosion control structures at the T&M site,near the old
Masonic Lodge,to prevent the loss of sediment off-site.
3.All bare soil areas(both sides)where construction has not occurred for more than 15 days,
should be temporary seeded,mulched or covered with non-erosive material.
4.Please continue to ensure that all sediment and erosion control devices are maintained and working
properly.
5.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.
6.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 2010 Inspection US Hwy. 19/19E

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, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 2045
Mr. Jerry G. McKinney
Coats American Inc.
P.O. Box 368
Marion,North Carolina 28752
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NC0004243
Coats American Inc. WWTP
Sevier Plant
Case No. LV-2010-0396
McDowell County
Dear Mr. McKinney:
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 Coats American Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by Coats American Inc. for the month of June 2010. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0004243. The violations which occurred in
June 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Coats American Inc. violated the
terms, conditions or requirements of NPDES Permit NC0004243 and G.S. 143-215.1(a)(6)in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, l,Roger C. Edwards,Division of Water Quality
Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment
against Coats American Inc.:
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SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX;828 2997043\Customer Service: 1-877-623-6748
Internet:www.ncwateraualitv.org
,n,a

0 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0004243, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for TSS - Qty Daily.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$1,000.00 NC0004243, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Qty
Daily.
$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-
2 82.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative

,ing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved,the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and,provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form
within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The petition may be filed by facsimile (fax)or electronic mail by an
attached file (with restrictions) -provided the signed original, one(1) copy and a filing fee (if a
filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings
within seven(7)business days following the faxed or electronic transmission. You should contact
the Office of Administrative Hearings with all questions regarding the filing fee and/or the details
of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment. If you have any questions,please contact Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/attachments
S:4ti1I'b'tci7owe##i4vasiewatcrtij�d�rsirrt3llCoat;042431;LV-2010-0396.cloc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2010-0396 County: McDowell
Assessed Party: Coats American
Permit No.: NC0004243 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 ENVIRONMEN.
AND NATURAL RESOURCES
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
COATS AMERICAN
STIPULATION OF FACTS
)
PERMIT NO. NC0004243 ) FILE NO. LV-2010-0396
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, 2010,the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30)days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 6, 2010
Mr. Garvin Trinks
McDowell County Schools
709 Sugar Hill Road
Marion, North Carolina 28752
Subject: NOTICE OF VIOLATION
NOV-2010-MV-0174
Permit No. NCO067148
Nebo Elementary School WWTP
McDowell County
Dear Mr. Trinks:
A review of Nebo Elementary School WWTP's monitoring report for June 2010 showed the
following violation:
Parameter Date Measuring Frequency Violation
pH Week ending Weekly Failure to Monitor
06/12/2010
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently,please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 8281296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James &James Environmental/ORC
One
S:tSWP McDowelltWastewater\Minors\Nebo School 67148MV-201 0-MV-01 74.doc NorthCazolina
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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.ncwaterauality.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 6, 2010
Mr. Lee Smith, Director of Utilities
City of Hendersonville
P.O. Box 1670
Hendersonville, North Carolina 28793-1670
Subject: NOTICE OF VIOLATION
NOV-2010-DV-0411
Permit No.WQCS00070
City of Hendersonville
Hendersonville Collection System
Henderson County
Dear Mr. Smith:
A review has been conducted of Hendersonville Collection System's self reported Sanitary Sewer
Overflow(SSO)5-Day Report submitted by the City of Hendersonville. This review has shown the
subject facility to be in violation of the requirements found in Collection System Permit WQCS00070
and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below.
Area Violation Date Description Violation Type
CSO/SSO (Sewer Overflow) 11/24/2010 Sanitary Sewer Overflow Discharge
NOV-2010-DV-0411 1,500 Gallons Without Valid
Permit
Incident# 201003207
Please submit in writing to this office within ten (10) business days a detailed description of how
the City of Hendersonville determines the volume of a spill.
Remedial actions should be taken to correct this problem. The Division of Water Quality may
pursue enforcement action for this and any additional violations of State law.
You should address the causes of noncompliance and all actions taken to prevent the recurrence
of similar situations. If you should have any questions, please do not hesitate to contact Asheville
Regional Staff or Janet Cantwell at 828-296-4500.
Sincerely,
Rog e1 C. Edwards, Supervisor
Surface Water Protection Section
Asheville Regional Office
Cc: DWQ Asheville Files
DWQ Central Files
PERCS Unit
S:\SWP\Henderson\Collection Systems\Hendersonville CS\NOV-2010-DV-0411.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NOPt11C2T011ria
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 //
Internet:www.ncwaterguality.org :5vu naturally

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen K Sullins Dee Freeman
Governor Director Secretary
December 6, 2010
Mr. Joe Collins, Mayor
Town of Franklin
P.O. Box 1479
Franklin, North Carolina 28744
Subject: NOTICE OF VIOLATION
NOV-2010-DV-0409
Permit No. WQCS00101
Town of Franklin
Franklin Collection System
Macon County
Dear Mr. Collins:
A review has been conducted of Franklin Collection System's self reported Sanitary Sewer
Overflow(SSO) 5-Day Report submitted by the Town of Franklin. This review has shown the subject
facility to be in violation of the requirements found in Collection System Permit WQCS00101 and/or G.S.
143-215.1(a)(1). The violation that occurred is summarized below.
Area Violation Date Description Violation Type
CSO/SSO (Sewer Overflow) 11/02/2010 Sanitary Sewer Overflow Discharge
NOV-2010-DV-0409 800 Gallons Without Valid
Permit
Incident#201003080
Please submit in writing within ten (10) business days a more detailed account of the
circumstances surrounding the SSO, the type of"trash"found in the line and the name of the stream.
Also include a detailed description of how the Town of Franklin determines the volume of a spill.
Remedial actions should be taken to correct this problem. The Division of Water Quality may
pursue enforcement action for this and any additional violations of State law.
You should address the causes of noncompliance,and all actions taken to prevent the recurrence
of similar situations. If you should have any questions, please do not hesitate to contact Asheville
Regional Staff or Janet Cantwell at 828-296-4500.
Sincerely,
Roger C. Edwards, Supervisor
Surface Water Protection Section
Asheville Regional Office
Cc: DWQ Asheville Files
DWQ Central Files
PERCS Unit
S:\SWP\Macon\Collection Systems\Franklin Collection System\NOV-2010-DV-0409.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 /i
Internet:www.newaterguality.org<56-- Naturali'm

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WNW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 6, 2010
Mr. Carl Daniel
Carolina Water Service Inc. of NC -
P.O. Box 240908
Charlotte, North Carolina 28224-0908
Subject: NOTICE OF VIOLATION
NOV-2010-DV-0410
Permit No. WQCSDO170
Carolina Water Service Inc. of NC
Mount Carmel Acres Collection System
Buncombe County
Dear Mr. Daniel:
A review has been conducted of Mount Carmel Acres Collection System's self reported Sanitary
Sewer Overflow(SSO) 5-Day Report.submitted by Carolina Water Service Inc. of NC. This review has
shown the subject facility to be in violation of the requirements found in Collection System Permit
WQCSD0170 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below.
Area Violation Date Description Violation Type
CSO/SSO (Sewer Overflow) 11/12/2010 Sanitary Sewer Overflow Discharge
NOV-2010-DV-0410 500 Gallons Without Valid
Permit
Incident# 201003199
Please submit in writing to this office within ten (10) business days a detailed account of the
circumstances surrounding this SSO, creek name, Mt. Carmel's root control program and inspections.
Also include a detailed description of how Carolina Water Service determines the volume of a spill.
Remedial actions should be taken to correct this problem. The Division of Water Quality may
pursue enforcement action for this and any additional violations of State law.
You should address the causes of noncompliance and all actions taken to prevent the recurrence
of similar situations. If you should have any questions, please do not hesitate to contact Asheville
Regional Staff or Janet Cantwell at 828-296-4500.
Sincerely, _
Roger C. Edwards, Supervisor
Surface Water Protection Section
Asheville Regional Office
Cc: DWQ Asheville Files
DWQ Central Files
PERCS Unit
S:\SWP\Buncombe\Collection Systems\Carolina Water Service-Mt Carmel Acres\N0V-2010-DV-0410.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NortYlCarolina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 �atul,Q"�
Internet:www,ncwaterguality.org ,,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 6, 2010
Mr. Jimmy J. Davenport
6884 Tusquittee Road
Hayesville, NC 28904
SUBJECT: Compliance Evaluation Inspection
6884 Tusquittee Road
Permit No: NCG550427
Clay County
Dear Mr. Davenport:
Enclosed please find a copy of the Compliance Evaluation Inspection form from
the inspection conducted on December 2, 2010. The facility appeared to be in
Compliance with permit NCG550427. No violations of permit requirements or applicable
regulations were observed during this inspection.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500.
Sincerely
Jeff Men?
Environmental Specialist
cc: Central Files
Asheville Files
i
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 287789JW OnrthCarolina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.org S:\SWP\Ciay\Wastewater\General\NCG55SFR\0427CE1201O.doc Naturally

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United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460
OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 NI 2 CI 31 NCG550427 I11 121 10/12/02 117 181r1 191SI 201 I
J !_
1 Remarks �!
21I111111111111111IIIIIIII IIIIIIIIIIIIIIII IIII1116
Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ------------------------Reserved---------------------
67I 169 70I 3I 71I I 72)NI 73I f 174 751 I I I I I I 180
Section B: Facility Data �— W `
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
6884 Tusquittee Road 10:00 AM 10/12/02 07/08/01
6884 Tusquittee Rd Exit Time/Date Permit Expiration Date
Hayesville NC 28904 10:30 AM 10/12/02 12/07/31 ,
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Official/ritle/Phone and Fax Number
Contacted
Jimmy J Davenport,6884 Tusquittee Rd Hayesville NC 28904//828-389-80 No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit E Operations&Maintenance 0 Facility Site Review E Effluent/Receiving Waters `
Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers /Date
Jeff Menzel ARO WQ//828-296-4500/ Z(a3f-4°10
A%,
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type 1
3I NCG550427 I11 12I 10/12/02 I17 18I_'
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
No violations of permit requirements or applicable regulations were observed during this inspection.
i
Page# 2

Permit: NCG550427 Owner-Facility: 6884 Tusquittee Road
Inspection Date: 12/02/2010 Inspection Type: Compliance Evaluation
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ 0 0
Does the facility analyze process control parameters,for ex:MLSS, MCRT, Settleable Solids,pH, DO,Sludge r1 0 ■ ❑
Judge,and other that are applicable?
Comment: The facility was discharging at the time of inspection. The effluent was
clear and was probably the result of infiltration from a large rain event the day before.
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ n
Is the facility as described in the permit? ■ ❑
#Are there any special conditions for the permit? ❑ ❑ ■
ci
Is access to the plant site restricted to the-general public? ❑• ❑ ■
Is the inspector granted access to all areas for inspection? ■ n Q
Comment:
Page# 3

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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 7, 2010
JQ Freeman
Carolina Group Partners
1901 Roxborough Rd. Ste. 405
Charlotte NC 28211
SUBJECT: Stream Evaluation Inspection
Northridge Commons
Permit No: NCR000781
Buncombe County
Dear Mr. Freeman:
On November 17, 2010 an inspection was performed at the restored stream reach on the
Northridge Commons property. The restored stream reach evaluated is the one located next to the
Lowes store,previously referred to as Unnamed Tributary to Gill Branch#1. Two items associated
with this tributary were noted during the inspection that need attention.
The culvert associated with this tributary does not have a sufficient dissipater pad installed to
protect the stream channel and retaining wall structure. In order to avoid further damage to the
stream channel and the retaining wall structure, rock of sufficient size and sufficient length needs
to be added.
One of the stream structures installed has undercut. This structure needs to be repaired to avoid
damaging the restored stream reach. The repair is not a difficult fix and should be done manually
to avoid damaging the established vegetation.
Please refer to the enclosed inspection report for additional comments. If you any questions,
please call me at 828-296-4500.
Sincerely,
Linda Wiggs
Enclosure
cc: Asheville Files
Clement Riddle(e-copy)
S:\SWP\Buncombe\Stormwater\NCGO1 Construction\NorthRidge-WalmartNCR000781\inspectLTR Nov2010.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 �atllra!!lJ
Internet:www.ncwatergualitY.orq

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Compliance Inspection Report
Permit: NCG010000 Effective: 06/26/07 Expiration: Owner:
SOC: Effective: Expiration: Facility: Northridge Commons
County: Buncombe 1-26 Us25-70 Monticello Rd
Region: Asheville DWQ Tracking No: NCR000781
Weaverville NC 28787
Contact Person: %tiRi Title: Phone:[phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 11/17/2010 Entry Time: 10:00 AM Exit Time: 11:00 AM
Primary Inspector: Linda S Wiggs Phone:[phone]
Ext.4653
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type:Compliance Evaluation
Permit Inspection Type: Construction Stormwater
Facility Status: ■Compliant 0 Not Compliant
Question Areas:
Construction
(See attachment summary)
Page: 1

Permit:NCR000781 Owner-Facility: 'iwA0m^_.6w.4,4rC
Inspection Date: 11/17/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Inspection Summary:
DWQ(Susan, Kevin and 1) met with Clement Riddle(consultant)and Jim Waddel (construction mgr)to evaluate the
stability of the restored stream channel.
One of the stream structures(#2) needs repair, it is under cutting. Repair this structure manually to avoid damaging
established vegetation. Remove accumulated sediment behind structure and place rock under log structure in a manner
determined in the field which is sufficient to protect structure.
The upper reach that was not restored is downcutting. Large rip rap needs to be placed at outfall of culvert to dissipate
energy.Add rock of sufficient size to a sufficient length in order to dissipate energy from outfall to avoid further damage to
the stream channel and the retaining wall structure.
Other than the above mentioned items,the restored reach is holding up well,vegetation is doing very well.
Later met with Arvato(Michael Gill)to determine what may have been the cause of the high flushes seen at culvert outfall
by consultants a couple of years ago while onsite. Arvato believes the timeline of the reported excessive water flushes
observed coincides with a coulple of events when they had an issue with their fire pump house and lines.
A considerable amount of garbage was noted in and around the restored stream reach. Clear plastic of a similar nature to
the shrink wrap around materials stored on pallets at Lowes was observed. Lowes management has been contacted
regarding housekeeping to avoid garbage accumulating in the stream area.
Page: 2

Permit: NCR000781 Owner-Facility:44�tkL-6
Inspection Date: 11/17/2010 inspection Type:Compliance Evaluation Reason for Visit:Routine
DLR or Local Program Inspection Yes No NA NE
#Is this inspection related to a DLR/local program inspection? ❑ 0
#If Yes,what was the DLR /local program inspection date?
E&SC Plan Yes No NA NE
Is the site following its approved Erosion and Sedimentation Control Plan as indicated on DLR/Local Program ❑ ❑ ■ ❑
Inspection Report?
Comment:
Erosion Control Measures Yes No NA NE
Is the site maintaining their erosion control measures as indicated on DLR/Local Program Inspection Report? ❑ 0 0 ❑
Comment:
Approved E&SC Plan Yes No NA NE
Is a copy of the approved E&SC plan on site? ❑ ❑ ❑
Comment:
Rain Gauge Yes No NA NE
Is a rain gauge present on the site at the time of inspection? ❑ ❑ ❑
i
Comment:
Rain Gauge Records Yes No NA NE
Is rain gauge data measured and recorded? ❑ ❑ M ❑
Comment:
Inspection Records Yes No NA NE
Are inspection records of erosion&sedimentation control measures and stormwater discharges complete? ❑ ❑ ■ ❑
Comment: Site closed, almost built out
Other NCG010000 Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the NGG010000 permit? n n ❑
Comment:
Other Water Quality Issues Yes No NA NE
Is the site free of any other Water Quality issues as noted during the inspection? ❑ n ❑
Comment: Visit was to follow up on stream restoration of UT1.
Page: 3

'A:j0FL")A'r
WDENR
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, 2010
Mr. J.B. Setzer, P.E.
Division 14 Engineer
N.C.Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection
NCSR 1783 Upward Road
DWQ Project 08-1327
TIP No.R-4430
Henderson County
Dear Mr. Setzer:
On December 2, 2010, I inspected the construction work on Upward Road between US Highway 176 and
Howard Gap Road in Henderson County. Construction work is now taking place all along Upward Road
- between Howard Gap Road and US Highway 176.
Heavy rains(approximately 8 inches in three days)have resulted in sediment and erosion control structures
being over whelmed and the off-site loss of sediment in some areas. Please ensure that all sediment and
erosion control structures are repaired and maintained and that any off-site sediment is removed. Seeding and
mulching should be performed as needed,to protect downstream waters.
Please refer to the attached copy of the inspection report for additional comments regarding the inspection.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Aaron Powell
Mark Davis,Division 14,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
Upward Road R-4430 Inspection Letter September 2010
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Customer Service:1-877-623-6748 NofthCafollna
Internet:www.ncwaterauality.orp Nawrallff
An Equal Opportunity 1 Affirmative Action Employer

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DWQ Site Visits for DOT Projects
Field Sheet
DWQ representative: Michael R.Parker Date: December 2,2010
County: Henderson -� Region: I Asheville
DOT Division: Division 14
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 08-1327 i NW Permit#: 13, 12, 1477:1 IP#:
Project Name: Upward Road Widening Project R-4430
Location of Project: Upward Road(NCSR 1783)between US Highway 176 and Howard Gap Road
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities(DOT): Water Quality 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
X❑Bank Stabilization
❑ Other
Additional Wetland Impacts: ❑yes X❑ no Estimated Acres
❑ Zone 1 Est Acres 7 ❑ Zone 2 Est Acres
Additional Stream Impacts: ❑yes X❑ no Est Linear feet
Estimated linear feet of impact:
Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba
Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impactl f ac
Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation❑Prohibited

DWO Site Visits for DOT Proiects
Background Info
Name of Waterway(s): Bat Fork Creek and tributaries,tributary to Dunn Creek and tributaries
to King Creek
Basin/Subbasin: French Broad 040302
Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US)
Stream Class: ❑Class B ❑303d Listed ❑WS-1I ❑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— 1/10th acre ❑1/1 lch to 1/3rd acre 0.1 acre
❑1/3rd to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet 891 linear feet
Additional comments:
Reviewed project with DOT staff.
Recent heavy rains(approximately 8 inches in three days)have resulted in sediment and erosion control
structures being over whelmed,off-site sediment loss in several locations including the box culvert area and the
area adjacent to the convenience store on the east side of I-26. Any off-site sediment should be removed.
Seeding and/or matting should be performed on areas as needed.
Repair and maintain erosion control devices and continue with seeding and matting as required to protect State
surface waters.
The stormwater control pond appeared to work as designed with only a small amount of damage from the
storms.
Upward Road R-4430 Inspection December 2010

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 7,2010
Mr. J.B. Setzer,P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection
US Highway 25
DWQ Project 08-1754
TIP No. R-505
Henderson County
Dear Mr. Setzer:
On December 2, 2010, I inspected the construction work on US Highway 25 between Interstate 26 and NC
Highway 225 in Henderson County. Most all of the construction work is taking place at the south end of the
project and in the median between lanes.
The inspection found that recent rains had moderately impacted the area with sediment loss mainly located in
roadway ditches and embankments. Some sediment and erosion control devices were affected by these storms
and repair work was already underway.
Please ensure that all sediment and erosion control structures are repaired and maintained and that seeding and
mulching are performed as needed to protect downstream waters. Please refer to the attached copy of the
inspection report for additional comments regarding the inspection.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R.Parker
Environmental Senior Specialist
Attachment
cc:Aaron Powell
Mark Davis,Division 14,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
US 25 Inspection Letter November 2010
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Customer Service:1-877-623-6748 NOrthCarolina
Internet:www,ncwaterguality.org
An Equal Opportunity 1 Affirmative Action Employer Naturally

DWQ Site Visits for DOT Projects
Field Sheet
DWQ representative:rMichael R.Parker Date: December 2,2010
County: Henderson Region: Asheville
DOT Division: Division 14
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 08-1754 NW Permit#: 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 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
❑Zone 1 Est Acres I ❑ Zone 2 Est Acres
Additional Stream Impacts: ❑yes X❑no Est Linear feet
Estimated linear feet of impact:
Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba
Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation❑Prohibited

DWO Site Visits for DOT 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 0303d Listed ❑WS-II ❑WS-V ❑SB
X❑Class C ❑ORW X❑Trout ❑WS-III ❑NSW
X❑HQW ❑WS-I ❑WS-1V ❑SA ❑CA
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: X❑0— 1/10"'acre ❑1/l ld'to 1/3`d acre
❑1/3`dto 1.0 acre ❑> 1.0 acre `:'
Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet 1,346 linear feet
Additional comments:
Recent heavy rains(7 to 8 inches)caused some damage and resulted in loss of sediment in several areas. Most
areas affected were ditch lines and embankments. Repair work was already underway to these areas.
Most all of the construction work is on the south end of the project or in the median.
Repair and maintain all sediment and erosion control devices.
Continue with seeding and matting as required to protect State surface waters.
US Highway 25 Inspection December 2010

A F-WAA
Via
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 7, 2010
County of Cherokee Board of Education
Stephen Lane
234 High School Circle
Murphy,NC 28906
Subject: 401 Water Quality Certification-Approval
Bank Stabilization Valley River Murphy High School
DWQ Project# 10-0910
Cherokee County
HIW/Valley River/C Tr
Dear Mr. Lane:
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 120 feet of streambank for the purpose of
streambank 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 3689. This Certification allows
you to use Nationwide Permit 27when 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
Stream 120 (feet) S 1 P
Location:2090 U.S,Highway 70,Swannanoa,North Carolina 28778 We
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NOrtllCar01111a
Internet:www.ncwaterquality.org
NaturallyAn Equal Opportunity l Affirmative Action Employer

Cherokee County Board of Education
December 7,2010
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Linda Wiggs in the Asheville Regional Office at
828-296-4500.
Sincerely,
Coleen H. Sullins, Director
CHS11sw
Enc: GC3689
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
Callie Moore(e-copy)
S:\SWP\Cherokee\401s\Non-DOT\Murphy High School\MurphyHigh.Approval.Dec2010.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 8,2010
Mr. J.B. Setzer,P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Stormwater Inspection
Upward Road NCSR 1783
DWQ Project No. 081754
TIP No.R-4430
Henderson County
Dear Mr. Setzer:
On December 2, 2010, I conducted a stormwater inspection for TIP Project No.R-4430,NCSR 1783,Upward
Road construction project in Henderson County. Recent heavy rains resulted in the loss of sediment all along
the project. The rainfall data and inspection data appeared to be incompliance with the stormwater monitoring
requirements.
Continue to ensure that these records are maintained during the life of the project. Please refer to the attached
inspection report for additional comments and/or recommendations.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: Aaron Powell,P.E.
Mark Davis,Division 14,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
(Setzer)R-4430 December 2010 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 NOfthCarohna
An Equal Opportunity 1 Affirmative Action Employer Naturally

FC)3'm A June 2ooS
Site inspection form- construction Stormwater Permit NPDES NCGO10000
Site Name: ,.
DWO FRO:
Inspector: _ .t ,c 1. I WQ Inspection date: (A1)51
Location: _
2.County: (A2) 5.Stream: (A5) � �-
3.Basin: A .,(A3) t,. 6.Class: A6
4. Location description:(A4)
a '
(Topographical vicinity map of site is allached for case file]
7.Land disturbance due to construction/development?
8.On-site representative available during ins ection? . , A8) v� r-rao
Names} .s
Titles) r
Employers)
9. Erosion and Sedimentation Control Plan (Part 1.Section A: No.2.)
Is a copy of the approved plan on site and available for review? (A9)f Not
Inspected'
19.Pain Gauge(Part 1. Section B.No.1.)
is a rain gauge present on the site at the time of inspection? (Al0) r—NOt
nspe cte d
11.Rain Gauae Data(Part 1.Section B.No. 1.)..
Is rain gauge data measured and recorded?
Inspected'
Data from past 14 da s t
Week 1
Date; ,
Amount
Week 2
Date `;
Amount-
...........
12.Minimum i4lonitoring&Record Keeping (Part 1. Section B. No.3_.)
Are inspection records of erosion&sedimentation control facilities complete&available on request?
(Al2 ,r-ves T— No x 17 Not
) Inspected'
Dates of documented ins ections during the past 14 days: --
Week 1 j
Week 2
t
13.Sedimentation impacts to waters: 14. Linear ft of stream Im acts
Typical range of sediment depth: (A13a) to (A14) _ ^�
Maximum depth of sediment: (A13b)M-0
15.Photo Documentation: Were photos taken? (A15) r vas F7;No71
Photos(7,impacted water,2.sedimentation depths,3.sediment control measures, and 4,un-impacted upstream waters)
and sketch/map of where photos were taken are aGached for case file
16.Notes: x�tsi4 ,f� w" ` "y .i Cyr
L
f r
4
F
\ 3.
I S —
'Project personnel not available during DWQ site inspection
�-4

A
I %A-
CCQENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 8,2010
Mr. J. B. Setzer, P.E.
Division 14 Engineer
N.C.Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection-NCSR 1890
Hungry Creek Road
DWQ Project 09-1205
TIP No.B-2988
Haywood County
Dear Mr. Setzer:
On November 29, 2010,I inspected the construction work at the new bridge site on NCSR 1890,Hungry
Creek Road in Haywood County. 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,
x
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Mitchell Bishop,P.E.
Mark Davis, Division 14,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
(Setzer)NCSR 1890 B-2988 Inspection Letter November 2010
SURFACE WATER PROTECTION SECTION-Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] hTOne 1
Customer Service:1-877-623-6748 1�ofthCa.1'011fla
Internet:www.ncwaterguality.orq
An Equal Opportunity 1 Affirmative Action Employer Naturially

DWO Site Visits for DOT Projects
Field Sheet
DWQ representative: Michael R.Parker Date: November 29,2010
County: Polk Region: Asheville
DOT Division: Division 14
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 09-1205 NW Permit#: 23 and 33 IP#:
Project Name: NCSR 1890 Hungry Creek Road B-2988
Location of Project: From the intersection of NC Hwy 110 and US Hwy 276 south of Canton,NC travel
approximately 5 miles. NCSR 1890 is on the left side of US 276.
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities(DOT): Water Ouality Concerns(DWO):
X❑ Bridge ❑ Steam Standards Violation
❑ Culvert X❑ Turbidity
❑Bottomless Culvert ❑ Evidence of spills
❑ Bottomless Arch ❑Oil/Petroleum
❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E& S control measures
❑Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration X❑Fill
❑ On-site Stream Relocation ❑ Buffer Impacts(see below)
❑ Buffer Restoration ❑ Other
X❑Bank Stabilization
X❑ Other Temp. Causeway
Additional Wetland Impacts: ❑yes X❑no Estimated Acres
❑Zone 1 Est Acres ❑Zone 2 Est Acres
Additional Stream Impacts: ❑yes X❑ no Est Linear feet
Estimated linear feet of impact:
Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba
Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation❑Prohibited

DWO Site Visits for DOT Pro 0ects
Background Info
Name of Waterway(s): East Fork Pigeon River
Basin/Subbasin: French Broad River 040305
Wetland Type: ❑Isolated ❑Non-Isolated(Waters of US)
Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB
❑Class C ❑ORW X❑Trout X❑WS-III ❑NSW
❑HQW ❑WS-I ❑WS-IV ❑SA ❑CA
Type of Authorized Impact: ❑Culvert ❑Bottomless Culvert
X❑Bridge ❑Bottomless Arch
❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: ❑0— 1/10'h acre ❑1/11"'to 1/3`d acre
❑1/3rd to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: X❑< 150 linear feet ❑> 150 linear feet
Additional comments:
Reviewed project with DOT staff.
Bridge columns on both sides of the river have been completed. Beams were to be set within the week.
Rip rap had been placed around columns.
Work one the bridge is going to continue through winter.
Sediment and erosion control devices appear to be in good shape
Maintain erosion control devices and continue with seeding and matting as required to protect State surface
waters.
B-2988 NCSR 1890 November 2010

RMENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 9,2010
Mr. J.B. Setzer,P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection
TIP No.B-3335
NCSR 1134(Joyce Kilmer Road)
Graham County
Dear Mr. Setzer:
On December 8, 2010, I inspected the construction work on Bridge No. 70 on North Carolina Secondary Road
1134 (Joyce Kilmer Road)in Graham County. 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,
e.
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: W. Trent Anderson
Mark Davis,Division 14,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
(Setzer)NCSR 1134 B-3335 Inspection Letter December 2010
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] t FAX:[phone] One
Customer Service:1-877-623-6748 NorthCarolirla
Internet:www.newaterguality.org NRaharal
An Equal Opportunity 1 Affirmative Action Employer K`

DWO Site Visits for DOT Projects
Field Sheet
DWQ representative: Michael R.Parker Date: December 8,2010
County: Graham Region: Asheville
DOT Division: Division 14 T�
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 1 NW Permit#: 23 and 33 IP
Project Name: Replacement of Bridize No.70 TIP No.3335
Location of Project: NCSR 1134 approximately 5 miles north of the Town of Robbinsville below the Dam
on Santeetlah Lake.
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities(DOT): Water Quality Concerns(DWO):
X❑Bridge ❑ Steam Standards Violation
❑Culvert X❑ Turbidity
❑Bottomless Culvert ❑ Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E& S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
❑Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration X❑Fill
❑ On-site Stream Relocation ❑Buffer Impacts(see below)
❑Buffer Restoration ❑ Other
❑Bank Stabilization
❑ Other
Additional Wetland Impacts: ❑yes X❑no Estimated Acres 71
❑ Zone 1 Est Acres I ❑Zone 2 Est Acres
Additional Stream Impacts: ❑yes X❑no Est Linear feet C�
Estimated linear feet of impact:
Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman []Catawba
Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation❑Prohibited

DWO Site Visits for DOT Projects
Background Info
Name of Waterway(s): Cheoah River
Basin/Subbasin: Little Tennessee 040404
Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US)
Stream Class: ❑Class B ❑303d Listed ❑WS-lI ❑WS-V ❑SB
X❑Class C ❑ORW X❑Trout ❑WS-III ❑NSW
❑HQW ❑WS-I ❑WS-IV ❑SA ❑CA
Type of Authorized Impact: ❑Culvert ❑Bottomless Culvert
X❑Bridge ❑Bottomless Arch
❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: X❑0— 1/10d`acre ❑1/1 Ph 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 NCDOT staff.Contractor had completed rock removal work on the first spread footer
and had started work on the second. Work was halted due to high water. Work was continuing on the other bent
sites. Fill material was being placed on the east side of the river for the east end bent.
All sediment and erosion control measures appeared to be operating properly.
Continue to maintain erosion control devices and continue with seeding and matting as required to protect State
surface waters.
B-3335 NCSR 1134(Joyce Kilmer Road)December 2010
F�

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, 2010
Mr. Bill Hale
Bon Worth Inc.
P.O. Box 2890
Hendersonville, North Carolina 28793
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0447
Permit No. NCO037176
Bon Worth WWTP
Henderson County
Dear Mr. Hale:
A review of Bon Worth WWTP's monitoring report for July 2010 showed the following violation:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 07/07/2010 400#/100ml 600#/100ml Daily Maximum
Broth,44.5C Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted: however, should you have additional information
concerning the violations or comments which you wish to present, please submit them to the attention of Janet
Cantwell.
The Division of Water Quality may pursue enforcement action for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at
828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ORC
S:1SWPlHendersonlWastewaterlMinorslBon Worth 371761NOV-2010-LV-0447.doe NorthCarolina
,vatun"I'm
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.newateraualitv.org FAX [phone] 1-877-623-6748

�'\
�- I

AA,
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 9,2010
Mr.J.B. Setzer, P.E.
Division 14 Engineer
N.C.Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection-US Highway 64
DWQ Project 08-0396
TIP No.A-0011 BB
Clay County
Dear Mr. Setzer:
On December 8, 2010, I inspected the construction work on US Highway 64 in Clay County and the project
appears to be in compliance with the requirements of the 401 Certification. The erosion and sedimentation
control structures,vegetative covering, and matting appear to be working properly.
Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and
mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached
to this letter.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: W.Trent Anderson
Mark Davis,Division 14,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
(Setzer)US Highway 64 Inspection Letter December 2010
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone]
Customer Service:1-877-623-6748 one
01 hCc`1rO11T1a
Internet:www.ncwaterguality.orQ
An Equal Opportunity 1 Affirmative Action Employer `�' " atu''rally

DWQ Site Visits for DOT Proiects
Field Sheet
DWQ representative: Michael R.Parker Date: December 8,2010
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#: 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:
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
❑Zone 1 Est Acres I ❑Zone 2 Est Acres
Additional Stream Impacts: ❑yes X❑ no Est Linear feet
Estimated linear feet of impact:
Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba
Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
/__. Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation❑Prohibited

DWO Site Visits for DOT Proiects
Background Info
Name of Waterway(s): Downing Creek,John Reese Branch,Byers Branch,Chatuge Lake and
unnamed tributaries to Hiwassee River
Basin/Subbasin: Hiwassee 040501
Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US)
Stream Class: X❑Class B ❑303d Listed ❑WS-lI ❑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
❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: X❑0— 1/10''acre ❑1/11`h to 1/3rd acre
Tom,
❑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. Work underway includes milling pavement and shoulder work. Most grading
and pipe work has been completed.
Sediment and erosion control structures appear to be working properly. Mulch and/or matt areas that are bare.
The waste area has been seeded and matted on the slopes.
Continue to maintain erosion control devices and continue with seeding,matting and mulching as required to
protect State surface waters.
US Highway 64 Inspection December 2010

74*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 9, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 2076
Mr. William N. Hughes
Town of Murphy
P.O. Box 130
Murphy,North Carolina 28906-0130
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO020940
Town of Murphy
Murphy WWTP
Case No. LV-2010-0407
Cherokee County
Dear Mr. Hughes:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$442.00
($375.00 civil penalty+$67.00 enforcement costs) against the Town of Murphy.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the Town of Murphy for the month of July 2010. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0020940. The violations which occurred in
July 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Murphy violated the
terms, conditions or requirements of NPDES Permit NCO020940 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against the Town of Murphy:
NonrthCarolina
�aturallt�
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
f .i Internet:www.ncwaterauality.org

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$375.00 NC0020940, by discharging waste water into the waters of the State
in violation of the Permit Weekly Geometric Mean limit for FEC
COLL
$375.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$442.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of.
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request: ,
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In

dining whether a remission request will be approved,the following factors shall be
.iisidered:
(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 apetition
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,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/attachments
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JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2010-0407 County: Cherokee
Assessed Party: The Town of Murphy
Permit No.: NC0020940 Amount Assessed: $442.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONML.
AND NATURAL RESOURCES
COUNTY OF CHEROKEE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
THE TOWN OF MURPHY )
PERMIT NO. NCO020940 ) FILE NO. LV-2010-0407
Having been assessed civil penalties totaling $442.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated December 9, 2010,the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of 920
SIGNATURE ��
ADDRESS
TELEPHONE

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WMENR
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, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 2083
Mr. William N. Hughes
Town of Murphy
P.O. Box 130
Murphy,North Carolina 28906-0130
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO020940
Town of Murphy
Murphy WWTP
Case No. LV-2010-0408
Cherokee County
Dear Mr. Hughes:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$4,192.00 ($4,125.00 civil penalty+ $67.00 enforcement costs) against the Town of Murphy.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by the Town of Murphy for the month of August 2010. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0020940. The violations which occurred in
August 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Murphy violated the
terms, conditions or requirements of NPDES Permit NCO020940 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment
against the Town of Murphy:
onrt NhCarolina
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
:, Internet:www.ncwaterauality.org

I of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$375.00 NCO020940,by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS - Conc.
2 of the 2 violations of G.S. 143-215.l(a)(6) and NPDES Permit No.
$750.00 NC0020940, by discharging waste water into the waters of the State
in violation of the Permit Weekly Geometric Mean limit for FEC
COLI.
1 of the 1 violation of G.S. 143-215.1(a)(6) and NPDES Permit No.
$1,500.00 NC0020940, by discharging waste water into the waters of the State
in violation of the Permit Monthly Geometric Mean limit for FEC
COLL
$1,500.00 1 of the 1 violation of G.S. 143-215.1(a)(6) and NPDES Permit No.
NC0020940, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS- Conc.
$4,125.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$4,192.00 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-
2 82.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

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

days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.,except for
official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an
attached file (with restrictions) provided the signed original, one (1) copy and a filing fee (if a
filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings
within seven(7)business days following the faxed or electronic transmission. You should contact
the Office of Administrative Hearings with all questions regarding the filing fee and/or the details
of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment. If you have any questions, please contact Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/attachments.
5:`,SG�T'i.C:liur�t1,e�llVastec,,iterMunicipal\14ii�rph} WW'1•11'U940\CV-2010-0408.doe

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2010-0408 County: Cherokee
Assessed Party: The Town of Murphy
Permit No.: NC0020940 Amount Assessed: $4,192.00
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 ENVIRONME✓
AND NATURAL RESOURCES
COUNTY OF CHEROKEE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
THE TOWN OF MURPHY )
PERMIT NO. NCO020940 ) FILE NO. LV-2010-0408
Having been assessed civil penalties totaling $4,192.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated December 9, 2010, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30)days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 9, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 2090
Mr. William N. Hughes
Town of Murphy
P.O. Box 130
Murphy,North Carolina 28906-0130
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO020940
Town of Murphy
Murphy WWTP
Case No. LV-2010-0409
Cherokee County
- Dear Mr. Hughes:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$2,692.000 ($2,625.00 civil penalty+ $67.00 enforcement costs) against the Town of Murphy.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by the Town of Murphy for the month of September 2010.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0020940. The violations which occurred in
September 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Murphy violated the
terms, conditions or requirements of NPDES Permit NCO020940 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against the Town of Murphy:
Non
hCarolina
_� �atlll'll��lf
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterauality.org

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$375.00 NC0020940, by discharging waste water into the waters of the State
in violation of the Permit Weekly Geometric Mean limit for FEC
COLI.
2 of the 3 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$750.00 NC0020940,by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$1,500.00 NC0020940,by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Conc.
2,625.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$2,692.00 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 round or surface water quantity or quality or on air quality;
( ) g q Y q tY q Y;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention o£
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request: -
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.

::sting remission is not the proper procedure for contesting whether the violation(s)
,curred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved,the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission,you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The petition may be filed by facsimile (fax)or electronic mail by an
attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a
filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings

within seven(7)business days following the faxed or electronic transmission. You should contu
the Office of Administrative Hearings with all questions regarding the filing fee and/or the details
of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment. If you have any questions, please contact Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/attachments
S:`,SWII1Citerol.ec Spa.5teN atei",%,lunicil)al',Murlitiv 11 tt'I'll 209-10'J_.. -2010-0409Aoc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2010-0409 County: Cherokee
Assessed Party: Town of Murphy
Permit No.: NC0020940 Amount Assessed: $2,692.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your .
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner(the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONIVIL
AND NATURAL RESOURCES
COUNTY OF CHEROKEE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
THE TOWN OF MURPHY )
PERMIT NO. NCO020940 ) FILE NO. LV-2010-0409
Having been assessed civil penalties totaling$2,692.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated December 9, 2010, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
, j
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 bee Freeman
Governor Director Secretary
December 10, 2010
Mr. Danny McIntosh, Mayor
Town of Burnsville
P.O. Box 97
Burnsville, North Carolina 28714-0097
Subject: NOTICE OF VIOLATION
NOV-2010-MV-0177
Permit No. NCO020290
Burnsville WWTP
Yancey County
Dear Mayor McIntosh:
A review of Burnsville WWTP's monitoring report for July 2010 showed the following violation:
Parameter Date Measuring Violation
Frequency
- Ammonia Nitrogen Week ending 07/03/2010 3 X/Week Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4600.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Water Quality Lab & Operations/ORC
S:1SWP1Yancey\Wastewater\Municipal\Burnsville WWTP 202901NOV-2010-MV-0177.doc One No Carolina
raturul1;
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

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 10, 2010
Mr. Daniel Almers
Cullasaja Homeowner's Association
1371 Cullasaja Club Drive
Highlands, North Carolina 28741
Subject: NOTICE OF VIOLATION
NOV-2010-MV-0176
Permit No. NCO064416
Cullasaja WWTP
Jackson County
Dear Mr. Almers:
A review of Cullasaja WWTP's monitoring report for July 2010 showed the following violations:
Parameter Date Measuring Violation
Frequency
Flow, in conduit or thru treatment plant 07/03/2010 Continuous Failure to Monitor
Flow, in conduit or thru treatment plant 07/04/2010 Continuous Failure to Monitor
Flow, in conduit or thru treatment plant 07/10/2010 Continuous Failure to Monitor
Flow, in conduit or thru treatment plant 07/11/2010 Continuous Failure to Monitor
Flow, in conduit or thru treatment plant 07/17/2010 Continuous Failure to Monitor
Flow, in conduit or thru treatment plant 07/18/2010 Continuous Failure to Monitor
Flow, in conduit or thru treatment plant 07/24/2010 Continuous Failure to Monitor
Flow, in conduit or thru treatment plant 07/25/2010 Continuous Failure to Monitor
Flow, in conduit or thru treatment plant 07/31/2010 Continuous Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked"Compliant'when in fact it should
have been marked"Non-Compliant"with an explanation for the non-compliance. If the above parameter was left off
inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the
address found on the front page of your DMR and also a copy to this office.
Please note in Part tl, Section A of your NPDES Permit#NCO064416 under Continuous Flow Measurement':
"Flow monitoring that occurs without interruption throughout the operating hours of the facility."
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement
action for this and any additional violations of State law. If you should have any questions,please do not hesitate to
contact Janet Cantwell at 8281296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files One
Environmental Inc./ORC S:\SWP\Jackson\Wastewater\Minors\Cullasaja HCA 64416\NOV-2010-MV-0176.doc NorthCarolina
N17turWiff
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.newaterguality.org FAX [phone] 1-877-623-6748

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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 10, 2010
Mr. Garvin Trinks
McDowell County Schools
709 Sugar Hill Road
Marion, North Carolina 28752
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0439
Permit No. NCO067148
Nebo Elementary School WWTP
McDowell County
Dear Mr. Trinks
A review of Nebo Elementary School WWTP's monitoring report for May 2010 showed the following
violation:
Parameter Date Limit Value Reported Value Limit Type
Flow, in conduit or thru 05/31/2010 0.0075 mgd 0.012 mgd Monthly Average
treatment plant Exceeded
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when
in fact it should have been marked "Non-Compliant"with an explanation for the non-compliance.
Please respond in writing to this office within 15 days of receipt of this letter addressing
this increase in flow at Nebo Elementary School and what steps will be taken to reduce the influent
flow to the WWTP.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 8281296-4600.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ORC
S:\SWP\McDowell\Wastewater\Minots\Nebo School 67148\NOV-2010-LV-0439.doc
NorthCarolina
NaturallY
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 1-877-623-6748

A70�'a
MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
December 10,2010
Tim Phillips
878 Cascade Lake Rd
Pisgah Forest,North Carolina 28768
Subject: Notice of Violation and Recommendation for Enforcement
NOV-2009-OP-0045
`Incident Closure
Henderson County
Dear Mr. Phillips:
The Division of Water Quality (DWQ)has conducted a site visit to inspect the sediment removal
work related to the NOV-2009-OP-0045.
The results observed at the site have satisfactorily resolved the violations noted in the subject Notice
of Violation and Recommendation for Enforcement.
Thank you for your cooperation and hard work. Should you have any questions regarding these
matters, please contact me at(828)296-4664.
Sincerely, ;
Chuck eflo
Environmental Specialist
Surface Water Protection Section
cc: NPSCAOU
ARO File Copy
S:\S WP\Henderson\Complaints\Soapstone\CLO.12.09.10.doc
— SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCar'Olina
Phone:[phone]\FAX:[phone] Customer Service:1-877-623-6748 f�
Internet: www.ncwaterquality.org ��tKr�bbr/
�
An Equal Opportunity\Affirmative Action Employer

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
December 13, 2010
Mr. Henry Knaust
2655 Tarpon Road
Naples, FL 34102
Subject: Request for More Information
401 Water Quality Certification
Knaust Property—Shoreline Stabilization
DWQ Project# 10-0937
Jackson County
Response deadline: January 13, 2011
Dear Mr. Knaust:
The Division of Water Quality(DWQ)has performed a preliminary review of a 461 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. As you are aware, Ms. Susan Wilson has had continued discussions, along with e-mail
correspondence, with you regarding the necessity of a dry stack and/or boulder wall along your
property. In addition, Ms. Wilson has had conversations with your contractor, Mr. Shook,
regarding your proposal. The DWQ is still not persuaded of your necessity of a large,
continuous dry stack and/or boulder wall along the shoreline(and Ms. Wilson has also spoken
with Lisa Leatherman of Duke Energy regarding your proposal). The site appears to have
excellent vegetation along the shoreline, which supports aquatic life and promotes habitat. The
area around your boat dock may need some attention and the Division will consider a proposal
for stabilization along that area.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 one L, 11
011.11a
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NOl'tit�af
Internet:www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

.......... .... ..
Mr.Knaust
December 13,2010
Page 2 of 2
In order to further process your application, the Division will need photo-documentation of the
site and a detailed description and diagram from you, or your contractor, regarding the proposed
work. A narrative of the need for the dry stack/boulder wall should also be provided(along with
information as to why rip-rap will not meet your long term needs). A narrative should also be
provided detailing how the work will be performed. A copy of the application and diagram to
detail impacts was sent to your contractor.
Please provide your response in writing to the addresses below by January 13, 2011. Four copies of the
required information should be provided to the 401 Permitting Unit to:
Mr. Ian McMillan
401 Permitting Unit
1650 Mail Service Center
Raleigh,NC 27699-1650
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 i
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 [phone], if you have any questions.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: US Army Corps of Engineers Asheville Field Office
David McHenry -North Carolina Wildlife Resources Commission
Sherwin Shook(e-copy)
Ian McMillan- 401 Permitting Unit
ARO File copy
S:\SWPVackson\401s\Non-DOT\Knaust-shoreline stab-Glenville\Addlnfo.Knaust Prop.12 2010.doc

AGLA—
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
.aerly Eaves Perdue Coleen H.Sullins Dee Freeman
dvernor Director Secretary
December 14,2010
MEMORANDUM
TO: Joshua B.Deyton, Division 14 Bridge Manager,NCDOT
h FROM: Michael R. Parker,NCDWQ, Asheville Regional Office
SUBJECT: Division 14 Low Impact Bridge Scoping Review Comments
BD-5114E Bridge No. 7, Clay County
BD-5114C Bridge No. 23, Graham County
BD-5114B Bridge No. 128,Henderson County
BD-5114D Bridge No. 52,Macon County
BD-5114A Bridge No. 72,Transylvania County
NCDWQ offers the following scoping comments for the above referenced projects:
Project Specific Comments
BD-5114E Bridge No.7 over Fires Creek,Clay County
1. Fires Creek is class WS-IV-Trout-ORW waters of the State. NCDWQ recommends that the most
protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity
violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in
accordance with the NC Division of Land Resources and NC Wildlife Resources Commission.
2. Should NC Wildlife Resources Commission (NCWRC) identify these waters as naturally reproducing
trout waters,NCDOT will be required to observe the NCWRC—recommended moratoria for trout. In
additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled
"Design Standards in Sensitive Watersheds" [15A NCAC 4B .0124] throughout design and
construction of the project.
3. NCDOT may be required to obtain a State Stormwater Permit for this project in accordance with 15A
NCAC 2H.1000. This will depend on the impervious surface of the new bridge.
BD-5114C Bridge No.23 over Sweetwater Creek,Graham County
1. Sweetwater Creek is class WS-III Trout waters.
2. The unnamed tributary to Sweetwater Creek which parallels NCSR 1212 on the northeast side of the
road may also be impacted.
3. NCDOT will be required to observe the NCWRC—recommended moratoria for trout. NCWRC may
request"Design Standards for Sensitive Watersheds" [15A NCAC 4B .0124] because of the trout
waters.
,)RFACE WATER PROTECTION SECTION-Asheville Regional Office One
2090 U.S.Highway 70,Swannanoa,North Carolina 28778-8211 NOrthCarohna
Phone:[phone] FAX:[phone] �
Customer Service:1-877-623-6748 xvtu Lp+�bt//
Internet:www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

BD-5114B,Bridge 128 over the Hungry River,Henderson County
1. The Hungry River is class WS-III-Trout waters.
2. The unnamed tributary to Sweetwater Creek which parallels NCSR 1212 on the northeast side of the
road may also be impacted.
3. NCDOT will be required to observe the NCWRC—recommended moratoria for trout. NCWRC may
request"Design Standards for Sensitive Watersheds" [15A NCAC 4B .0124] because of the trout
waters.
BD-5114D,Bridge No. 52 over Cowetta Creek,Macon County
1. Cowetta Creek is class B Trout waters.
2. NCDOT will be required to observe the NCWRC—recommended moratoria for trout. NCWRC may
request"Design Standards for Sensitive Watersheds" [15A NCAC 4B .0124] because of the trout
waters.
BD-5114A,Bridge No. 72 over Frozen Creek,Transylvania County
1. Frozen Creek is class C Trout waters.
2. NCDOT will be required to observe the NCWRC—recommended moratoria for trout. NCWRC may
request"Design Standards for Sensitive Watersheds" [15A NCAC 4B .0124] because of the trout
waters.
General Comments Regarding Bridge Replacement Projects �-
1. NCDWQ is very concerned with sediment and erosion impacts that could result from these projects.
NCDOT shall address these concerns by describing the potential impacts that may occur to the
aquatic environments and any mitigating factors that would reduce the impacts.
2. If foundation test borings are necessary; it shall be noted in the document Geotechnical work is
approved under General 401 Certification Number 3687/Nationwide Permit No. 6 for Survey
Activities.
3. These Low Impact Bridge Projects must fall under Nationwide Permit No. 3 to qualify for Low
Impact; otherwise, standard permitting procedures will be required. Example(Regional General
Permit No. 31,Nationwide Permit No. 23,Nationwide Permit No. 13,etc.)
4. Whenever possible,NCDWQ prefers spanning structures. Spanning structures usually do not require
work within the stream or grubbing of the stream banks and do not require stream channel
realignment. The horizontal and vertical clearances provided by bridges shall allow for human and
wildlife passage beneath the structure. Fish passage and navigation by canoeists and boaters shall not
be blocked. Bridge supports(bents)should not be placed in the stream when possible.
5. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across
the bridge and pre-treated through site-appropriate means(grassed swales,pre-formed scour holes,
vegetated buffers,etc.)before entering the stream. Please refer to the most current version of
NCDWQ's Stormwater Best Management Practices.

Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge
Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water
Quality Certification.
7. Bridge piles and bents shall be constructed using driven piles(hammer or vibratory)or drilled shaft
construction methods.More specifically,jetting or other methods of pile driving are prohibited without
prior written approval from NCDWQ first.
8. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface
waters. This water shall be captured,treated,and disposed of properly.
9. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by
NCDWQ in this certification.
10. All bridge construction shall be performed from the existing bridge,temporary work bridges,
temporary causeways, or floating or sunken barges., If work conditions require barges,they shall be -
floated into position and then sunk. The barges shall not be sunk and then dragged into position.Under
no circumstances should barges be dragged along the bottom of the surface water.
11. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water. _
12. If concrete is used during construction,a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall
not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and
fish kills.
13. Heavy equipment shall be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the introduction of other pollutants into the stream. This equipment
shall be inspected daily and maintained to prevent contamination of surface waters from leaking fuels,
lubricants,hydraulic fluids,or other toxic materials.
14. If temporary access roads or detours are constructed, the site shall be .graded to its preconstruction
contours and elevations. Disturbed areas shall be seeded or mulched to stabilize the soil and
appropriate native woody species shall be planted. When using temporary structures the area shall be
cleared but not grubbed. Clearing the area with chain saws, mowers, bush-hogs, or other mechanized
equipment and leaving the stumps and root mat intact allows the area to re-vegetate naturally and
minimizes soil disturbance.
15. Sediment and erosion control measures sufficient to protect water resources must be implemented and
maintained in accordance with the most recent version of North Carolina Sediment and Erosion Control
Planning and Design Manual and the most recent version of NCS000250.
16. In most cases, the NCDWQ prefers the replacement of the existing structure at the same location with
road closure. If road closure is not feasible, a temporary detour shall be designed and located to avoid
wetland impacts,minimize the need for clearing and to avoid destabilizing stream banks. If the
structure will be on a new alignment, the old structure shall be removed and the approach fills removed
from the 100-year floodplain. Approach fills shall be removed and restored to the natural ground
elevation. The area shall be stabilized with grass and planted with native tree species. Tall fescue shall
not be used in riparian areas.

Thank you for the opportunity to provide comments at this time. NCDOT is reminded that issuance of a
401 Water Quality Certification requires that appropriate measures be instituted to ensure that water quality
standards are met and designated uses are not degraded or lost. If you have any questions or require
additional information,please contact Mike Parker at 828-296-4500.
cc: Lori Beckwith,USACE,Asheville Field Office
Chris Lee,NCDOT,Division 14 Bridge Maintenance Engineer
Mark Davis,NCDOT,Division 14 Environmental Officer
Marla Chambers,NCWRC
Transportation Permitting Unit
NCDOT Low Impact Bridge Seeping Comments Division 14

WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 14,2010
Mr. J. B. Setzer,P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection
NCSR 1331 (Hanging Dog Road)
DWQ Project 09-0256
TIP No. B-3430
Cherokee County
Dear Mr. Setzer:
On December 8, 2010, I inspected the bridge construction work on NCSR 1331 (Hanging Dog Road)in
Cherokee County and the project appears to be in compliance with the requirements of the 401 Certification.
The erosion and sedimentation control structures,vegetative covering,and matting appear to be working
properly.
\ Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and
mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached
to this letter.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: W. Trent Anderson
Mark Davis,Division 14,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
(Setzer)NCSR 1331 B-3430 Inspection Letter December 2010
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One L,r�-� 1 Customer Service:1-877-623-6748 NOPt 1�alOI1TIa
Internet:www.ncwaterguality.org R'tlfr�t��,l�
An Equal Opportunity 1 Affirmative Action Employer A l

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l

DWO Site Visits for DOT Proiects
Field Sheet
DWQ representative: Michael R.Parker Date: December 8,2010
County: Cherokee Region: Asheville
DOT Division: Division 14
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: i NW Permit#: 23 IP#:
Project Name: Replacement of Bridge TIP No.3430
Location of Project: NCSR 1331 at intersection of NCSR 1338.
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities(DOT): Water Quality Concerns(DWQ):
X❑Bridge ❑ Steam Standards Violation
❑ Culvert X❑Turbidity
❑ Bottomless Culvert ❑Evidence of spills
❑Bottomless Arch ❑ Oil/Petroleum
❑Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E& S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration X❑ Fill
❑ On-site Stream Relocation ❑Buffer Impacts(see below)
❑ Buffer Restoration ❑ Other
X❑Bank Stabilization
❑ Other
Additional Wetland Impacts: ❑yes X❑ no Estimated Acres
❑Zone 1 Est Acres ❑ Zone 2 Est Acres
Additional Stream Impacts: ❑yes X❑no Est Linear feet
Estimated linear feet of impact:
Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba
Zone 1: ❑Yes [:]No Est linear ft/acreage of buffer impact ft/ ac
Zone 2: ❑Yes [:]No Est linear ft/acreage of buffer impact ft/ ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited

DWO Site Visits for DOT Projects
Background Info
Name of Waterway(s): Hanging Dog Creek
Basin/Subbasin: Hiwassee 040502
Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US)
Stream Class: ❑Class B ❑303d Listed ❑WS-11 ❑WS-V ❑SB
X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW
❑HQW ❑WS-I ❑WS-IV ❑SA [—]CA
Type of Authorized Impact: ❑Culvert []Bottomless Culvert
X❑Bridge ❑Bottomless Arch
❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: X❑0— 1/10`h acre ❑1/11d'to 1/3rd 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 NCDOT on-site staff.Contractor has completed work on one half of the bridge and is
work on drilling holes for pilings.
Please ensure the drilling slurry does not enter Hanging Dog Creek.
Sediment and erosion control measures appeared to be operating properly.
Continue to maintain erosion control devices and continue with seeding and matting as required to protect State
surface waters.
B-3430 NCSR 1331(Hanging Dog Road)December 2010

RMENR
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, 2010
Mack Edmisten, Director of Public Utilities
City of Lenoir
P.O. Box 958
Lenoir, North Carolina 28645
Subject: Permit No. W00035148
City of Lenoir
Dennis Harris-Roberts Lane
Wastewater Collection System Extension
Caldwell County
Dear Mr. Edmisten:
In accordance with your application received December 9, 2010, we are forwarding herewith
Permit No. W00035148, dated December 16, 2010, 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 §143-21.5.6C, 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 16, 2010 Pa
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 715 linear feet of 8-
inch gravity sewer to serve 6 lots at 360 gpd/lot as part of the Dennis Harris-Roberts Lane project, and
the discharge of 2,160 gallons per day of collected domestic wastewater into the City of Lenoir's
existing sewerage system, pursuant to the application received December 9, 2010 and in conformity
with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996
as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations
and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and
approved by the Department of Environment and Natural Resources and considered a part of this
permit.
The sewage and wastewater collected by this system shall be treated in the City of Lenoir's
Gunpowder Creek Wastewater Treatment Facility (Permit No. NC0023736) prior to being discharged
into the receiving stream.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Don Price at (828) 296-
4500.
Sincerely,
for Coleen H. Sullins, Director
Division of Water Quality
cc: Caldwell County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0023736)
G. Cecil Clark, P.E./Clark &Associates, Inc.
Surface Water Protection Section Central Files
PERCS Files
S_ASWMaidweli\Collection SvstemslLenoir Collection Svstem1WQ0035148 Dennis Harris Roberts lane 12 16 2010,doc

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

PERMIT NO W0003514$, City of Lenoir. Dennis Harris-Roberts Lane Project Caldwell CountyDecember 1e
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

.f NO WQ0035148 City of Lenoir, Dennis Harris-Roberts Lane Project, Caldwell CountyDecember 16 2010
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 16th Day of December, 2010
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
1-4
or of n H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0035148
3

PERMIT NO W00035148 City of Lenoir. Dennis Harris-Roberts Lane Project Caldwell CountyDecember 1b
ENGINEERING CERTIFICATION — POST CONSTRUCTION
System Description:
permission is hereby granted to the City of Lenoir for the construction and operation of approximately
715 linear feet of 8-inch gravity sewer to serve 6 lots at 360 gpd/lot as part of the Dennis Harris-Roberts
Lane project, and the discharge of 2,160 gallons per day of collected domestic wastewater into the City
of Lenoir's existing sewerage system, pursuant to the application received December 9, 2010
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s)or storage greater than longest past three year outage reliability option selected)for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit, regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEERS CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of
Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials.
North Carolina Professional Engineer's
seal, signature, and date:
.......................................................................................
SEND THIS FORM&SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
:.................................................................................................:
The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.

AN FA
-......r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 16, 2010
Shane Dale, Director of Public Works
Town of Burnsville
P.O. Box 97
Burnsville, N.C. 28714
Subject: Permit No. WQ0035149
Town of Burnsville
Highway 19, Utility Relocation
Wastewater Collection System Extension
Yancey County
Dear Mr. Dale:
In accordance with your application received December 13, 2010, we are forwarding herewith
Permit No. WQ0035149, dated December 16, 2010, to the Town of Burnsville 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%recycled110%o post-consumer paper

Town of Burnsville December 16, 2010 PG-
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 Burnsville for the construction and operation of approximately 3,641 linear feet
of 8-inch gravity sewer; as well as approximately 4,238 linear feet of 6-inch force main as replacement
of existing sewer as part of the Highway 19, Utility Relocation project, and the discharge of 0 gallons
per day of collected domestic wastewater into the Town of Burnsville's existing sewerage system,
pursuant to the application received December 13, 2010 and in conformity with 15A NCAC 2T; the
Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains
adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the
Department of Environment and Natural Resources and considered a part of this permit.
The sewage and wastewater collected by this system shall be treated in the Town of
Burnsville's Wastewater Treatment Facility (Permit No. NC0020290) prior to being discharged into the
receiving stream.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have
the right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Don Price at (828) 296-
4500.
Sincerely,
R UL
&_� A
for Coleen H. Sullins, Director
Division of Water Quality
cc: Yancey County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0020290)
Harry B. Buckner, P.E./McGill Associates, P.A.
Surface Water Protection Section Central Files
PERCS Files
SAMMYancevTollection SystemsTurnsville Collection System\W00035149 Highway 19,Utility Relocation 12 16 2010.doc

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

PERMIT NO.WQ0035149,Town of Burnsville, Hwy 19, Utility Relocation Project Yancey County December 16
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

NO.WQ0035149,Town of Burnsville, Hwy 19, Utility Relocation Project,Yancey County December 16 2010
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 16th day of December, 2010
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for of n H. Sul ins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
-�' Permit Number WQ0035149
3

PERMIT NO W00035149 Town of Burnsville Hwy 19 Utility Relocation Project Yancey County December 16,
ENGINEERING CERTIFICATION— POST CONSTRUCTION
System Description:
permission is hereby granted to the Town of Burnsville for the construction and operation of
approximately 3,641 linear feet of 8-inch gravity sewer; as well as approximately 4,238 linear feet of 6-
inch force main as replacement of existing sewer as part of the Highway 19, Utility Relocation project,
and the discharge of 0 gallons per day of collected domestic wastewater into the Town of Burnsville's
existing sewerage system,
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings(plan & profile views of sewer lines) of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s) or storage greater than longest past three year outage reliability option selected)for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final
as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑weekly, ❑ full time) the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of
Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials.
North Carolina Professional Engineer's
seal, signature, and date:
.....................:....................:........................................................
SEND THIS FORM &SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
..................................................................................................
The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow --
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.

A 4
..f..M.
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, 2010
Charles Abernathy, County Manager
McDowell County
60 East Court Street
Marion, N.C. 28752
Subject: Permit No. WQ0035151 Modification
McDowell County
Foothills Poultry Processing Plant
Wastewater Collection System Extension
McDowell County
Dear Mr. Abernathy:
In accordance with your application received December 10, 2010, we are forwarding herewith
Permit No. WQ0035151, dated December 16, 2010, to the City of Marion for the construction and
operation of the subject wastewater collection system extension. This permit shall be effective from the
date of issuance until rescinded, shall void Permit No. WQ0034767 issued May 26, 2010 (for
modifications) and shall be subject to the conditions and limitations as specified therein. This cover
letter shall be considered a part of this permit and is incorporated therein by reference. The modification
includes 275 linear feet of 2-inch force main addition. 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

McDowell County December 16, 2010 I .
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 McDowell County for the construction and operation of a 50—gallon per minute pump station
with duplex pumps, on-site audible and visual high water alarms, and on-site generator with automatic
transfer switch; as well as approximately 875 linear feet of 2-inch force main to serve the Foothills
Poultry Processing Pilot Plant as part of the Foothills Poultry Processing Plant project, and the
discharge of 8,950 gallons per day of collected industrial wastewater into the City of Marion's existing
sewerage system, pursuant to the application received December 10, 2010 and in conformity with 15A
NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and
Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and
approved by the Department of Environment and Natural Resources and considered a part of this
permit; AND,
The continued operation of a Pilot Poultry processing plant with 10 employees, processing
1,000 chickens per day.
The sewage and wastewater collected by this system shall be treated in the City of Marion's
Wastewater Treatment Facility (Permit No. NC0031879) prior to being discharged into the receiving
stream. This permit shall become voidable unless the agreement between McDowell County and the
City of Marion for the collection and final treatment of wastewater is in full force and effect.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Don Price at (828) 296-
4500.
Sincerely,
for Coleen H. Sullins, Director
Division of Water Quality
cc: McDowell County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0031879)
Randall D. Hintz, P.E./McGill Associates, P.A.
City of Marion WWTP
Surface Water Protection Section Central Files
PERCS Files
SASWP\McDowell\Collection Systems\Marion Collection System\W00035151 Foothills Poultry Processing Pilot 12 16 2010.doc

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

PERMIT NO.WQ0035151, McDowell County, Foothills Poultry Processing Project, McDowell County December 16,
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

NO.WQ0035151, McDowell County Foothills Poultry Processing Project McDowell County December 16 2010
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 16t" day of December, 2010
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for tol en H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0035151
3

PERMIT NO.W00035151, McDowell County, Foothills Poultry Processing Protect, McDowell County December 16,
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description:
permission is hereby granted to McDowell County for the construction and operation of a 50—gallon per minute pump station
with duplex pumps, on-site audible and visual high water alarms,and on-site generator with automatic transfer switch;as well
as approximately 875 linear feet of 2-inch force main to serve the Foothills Poultry Processing Pilot Plant as part of the
Foothills Poultry Processing Plant project,and the discharge of 8,950 gallons per day of collected industrial wastewater into
the City of Marion's existing sewerage system AND,
The continued operation of a Pilot Poultry processing plant with 10 employees, processing 1,000 chickens per day.
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 16, 2010
J. Robert Boyette, City Manager
City of Marion
P.O. Drawer 700
Marion, N.C. 28752
Subject: Permit No. WQ0035150 Modification
City of Marion
Sugar Hill Road Water& Sewer Extension
Wastewater Collection System Extension
McDowell County
Dear Mr. Boyette:
In accordance with your application received December 13, 2010, we are forwarding herewith
Permit No. WQ0035150, dated December 16, 2010, to the City of Marion for the construction and
operation of the subject wastewater collection system extension. This permit shall be effective from the
date of issuance until rescinded, shall void Permit No. WQ0033867 issued March 9, 2009 (for
modifications) and shall be subject to the conditions and limitations as specified therein. This cover
letter shall be considered a part of this permit and is incorporated therein by reference. The modification
includes 1 - 124 gpm pump station, 630 feet of 4-inch force main, 167—3 bedroom dwellings, 200,000
sq. ft. of retail space, and 75.9 acres of non-residential development . 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 Marion December 16, 2010 PG-
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to the City of Marion for the construction and operation of approximately 5,525 linear feet of 8-
inch gravity sewer; a 124—gallon per minute pump station with duplex pumps, on-site audible and visual
high water alarms, and a on-site generator with automatic transfer switch; as well as approximately 630
linear feet of 4-inch force main serve 211 3-bedroom residences, a shopping center with 400,000 sq. ft.
of retail space, and 75.9 acres of non-residential development as part of the Sugar Hill Road Water&
Sewer Extension project, and the discharge of 146,912 gallons per day of collected domestic
wastewater into the City of Marion's existing sewerage system, pursuant to the application received
December 13, 2010 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for
the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and
other supporting data subsequently filed and approved by the Department of Environment and Natural
Resources and considered a part of this permit; AND,
The continued operation of a 200-gallon per minute pump station with duplex pumps, on-site
audible and visual high water alarms, and a on-site generator with automatic transfer switch, a 306-
gallon per minute pump station with duplex pumps, on-site audible and visual high water alarms ,and a
on-site generator with automatic transfer switch as well as 4,490 linear feet of 6-inch force main.
The sewage and wastewater collected by this system shall be treated in .the City of Marion's
Wastewater Treatment Facility (Permit No. NC0031879) prior to being discharged into the receiving
stream.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Don Price at (828) 296-
4500.
Sincerely,
for Coleen H. Sullins, Director
Division of Water Quality
cc: McDowell County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0031879)
Randall D. Hintz,P.E./McGill Associates, P.A.
Surface Water Protection Section Central Files
PERCS Files
s\SWP\McDowell\Collection Systems\Marion Collection System\WQ0035150 Sugar Hill Road Water and Sewer Extension 12 16 2010.doc
j

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.WQ0035150,City of Marion,Sugar Hill Rd.Water&Sewer Extension Project,McDowell County December 1 u,
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 NCG01.0000, 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

NO.WQ0035150,City of Marion,Sugar Hill Rd.Water&Sewer Extension Project,McDowell County December 16,2010
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 16th day of December,2010
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for tol4en H. Su Iffins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0035150
3

PERMIT NO.WQ0035150,City of Marion,Sugar Hill Rd.Water&Sewer Extension Project,McDowell County December 1t,
ENGINEERING CERTIFICATION — POST CONSTRUCTION
System Description: permission is hereby granted to the City of Marion for the construction and operation of approximately 5,525
linear feet of 8-inch gravity sewer;a 124—gallon per minute pump station with duplex pumps,on-site audible and visual high water alarms,and
a on-site generator with automatic transfer switch;as well as approximately 630 linear feet of 4-inch force main serve 211 3-bedroom
residences,a shopping center with 400,000 sq.ft.of retail space,and 75.9 acres of non-residential development as part of the Sugar Hill
Road Water&Sewer Extension project,and the discharge of 146,912 gallons per day of collected domestic wastewater into the City of
Marion's existing sewerage system;AND,
The continued operation of a 200-gallon per minute pump station with duplex pumps,on-site audible and visual high water alarms,and a on-
site generator with automatic transfer switch, a 306-gallon per minute pump station with duplex pumps, on-site audible and visual high water
alarms,and a on-site generator with automatic transfer switch as well as 4,490 linear feet of 6-inch force main.
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines)of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s)or storage greater than longest past three year outage reliability option selected)for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit, regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEERS CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina, having -'
been authorized to observe (❑ periodically, ❑weekly, ❑ full time) the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of
Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials.
North Carolina Professional Engineer's
seal, signature, and date:
.....................................................................................
SEND THIS FORM &SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.

WYWA
R�.�
�rA -
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, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7009 1680 0000 7615 2106 7009 1680 0000 7615 2137
Mr. Ken Nelon Bell South
(3108 Memorial Drive) (109 Buddy Lane)
Post Office Box 162 1155 Peachtree Street NE
Lake Lure, North Carolina 28746 Atlanta, Georgia 30309
7009 1680 0000 7516 2113 7009 1680 0000 7515 2144
Mr. Robert Gurley Mr. William Nicholson
(114 Buddy Lane) (120 Buddy Lane)
2430 U.S. Highway 70 West 191 Quail Ridge Road
Goldsboro, North Carolina 27530 Fletcher, North Carolina 28732
7009 1680 0000 7515 2120 7009 1680 0000 7515 2151
Mr. Thurman Short Mr. Jim H. Cook
(127 Buddy Lane) (163 Sea Wish Way)
1430 Deal Road Post Office Box 734
Blacksburg, South Carolina 29702 Lake Lure, North Carolina 28746
Subject: NOTICE OF VIOLATION/NOTICE OF
INTENT TO ENFORCE
NOV-2010-DV-0425
Incident No. 201003337
Overflowing Sewer
109,114,120, & 127 Buddy Lane
Rutherford County
Dear Sirs and Madams:
It is the understanding of staff of the Asheville Regional Office that a privately owned
sewer line runs up and under the property at 3108 Memorial Drive and is overflowing on
the property. This same sewer line extends to serve that portion(s) of 109, 114,120,127
_ Buddy Lane, and 163 Sea Wish Way. Information also indicates that the persons
receiving this letter make use of one or the other of these lines.
All users of this line need to immediately make arrangements to repair the line.
North Carolina Division of Water Quality;Asheville Regional Office One
Location:2090 U.S.Hwy.70,Swannanoa,North Carolina 27107 NorhCarol n.a
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 t /i
Internet:www.ncwaterquality.org Noduralt 1/
An Equal Opportunity 1 Affirmative Action Employer �/

NOV-2010-DV-0425
Private Sewer Overflow,
Page 2 of 2
North Carolina General Statute 13A-335(a) says that a person owning a residence
shall provide an approved wastewater system. Continued dependence on an
overflowing sewer places at risk your ability to continue to live in your house. Those of
you using the overflowing sewer should get it repaired immediately.
It is presumed that the sewer line(s) do not occupy deeded right-of-way. Each
residence that is connected to this line(s) is responsible for proper operation and
maintenance of the sewer line(s). When an overflow occurs on this sewer line(s) ALL
residences connected are responsible for the repair of the sewer line(s). Failure to
repair a sewage overflow can result in assessment of civil penalties of up to $25,000
per day.
Please respond within fifteen days (16) of receipt of this letter regarding repair(s)to
the overflowing sewer. Please notify Mr. Don Price at 828-296-4500 when repairs are
complete.
Sincerely,
Roger C. Edwards,'Regional Supervisor
Surface Water Protection Section
cc: Chris Braund, Lake Lure Town Manager
Environmental Health Director, Rutherford County
Don Price, ARO
Deborah Gore, PERCS
SASWP\Rutherford\Collection Systems\Chimney Rock Collection System\NOV 2010 Dy 0425 Buddy Lane Lake Lure.doc

1;"
wra �..
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 21, 2010
Anna A Payne, Town Manager
Town of Murphy
PO Box 130
Murphy NC 28906-0130
Subject: Technical Assistance
Town of Murphy WWTP
NPDES Permit No. NCO020940
Cherokee County
Dear Ms. Payne:
A technical assistance visit of the Wastewater Treatment Plant (WWTP) that serves the Town of
Murphy was conducted on December 17, 2010 by Keith Haynes and me of the Asheville Regional
Office. The assistance and cooperation of Mr. Scott Helton, WWTP ORC (operator in Responsible
Charge), is greatly appreciated. The purpose of this Technical Assistance was to assist in making
determinitations and observations into the on-going NPDES permit non-compliance issues at the
subject facility. It was also the intent of the Technical Assistance visit to find ways of more efficient
WWTP and system operating techniques. By enhancing WWTP system operations, we help
eliminate permit violations and improve water quality. A report is attached for your records and
findings are summarized.
Site/System Review
The following system components were reviewed during the visit: Influent Screening, Sequencing
Batch Reactors, Post Flow Equalization, Digester and Solids processing, Chlorination and De-
Chlorination. Results of on-site analysis conducted for pH, Temperature, SBR solids accumulation
in mg/L, and alkalinity are included on the attached report.
Current staffing allows for only a minimum amount of system maintenance and inspection to be
conducted. The current staff does consists only of the ORC and a part-time back-up ORC. The
ORC does both system.operation and maintenance, and Industrial Pretreatment. In addition to
WWTP staffing, current Solids Management strategy's need to be evaluated. This should include
all digester capacities and sludge storage in addition to sludge press capabilities. It is suggested
that system staffing be reviewed as a part of any study the Town may conduct.
North Carolina Division of Water Quality,Asheville Regional Office
Location:2090 U.S.Hwy.70,Swannanoa,North Carolina 27107 brie
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 One
Internet:www.ncwaterquality.org �f�tlll"��Cl�j
An Equal Opportunity 1 Affirmative Action Employer it

Town of Murphy WWTP
Permit#NC0020940
TA,Page 2 of 2
Suggestions/Recommendations
The current WWTP shows signs of ineffective sludge management capabilities and lack of system
process control based on indications observed at the Time of the Technical Assistance. It is
suggested the Town of Murphy have NCRWA (North Carolina Rural Water) conduct a pump
station `draw-down' of ALL pump stations in the Town of Murphy system. This would allow for a
more direct effort to address what the ORC has described as `Slug Loads' entering the WWTP.
Also in addition to the pump station draw downs, a review of Cherokee County wide 'Septic/Port-a-
John ` haulers needs to be conducted with written notices sent out to determine `IF' they are the
cause of slug loads. When results are compiled, the Town of Murphy should look at entering into
an SOC (Special Order by Consent), to correct deficiencies that are identified at the WWTP.
If there are questions or additional information is needed regarding system operation, process
control, or an NPDES permit question, please let me know. Thank you for the opportunity to
conduct this Technical Assistance.
Sincerely,
/�-p�
Donald R. Price, CET
Waste Water Treatment Plant Consultant
Asheville Regional Office
Division of Water Quality
Attachments:
CC: ARO - SWP
TACU Unit— Raleigh
Scott Helton —Town of Murphy WWTP, ORC
Mike Warsac, P.E./ McGill Associates
S:1SWP\Cherokee\Wastewater\Municipal\Murphy WWTP 20940\Town of Murphy TA Ltr 12 17 2010.doc

United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
Water Compliance inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 N00020940 111 121 10/12/17 117 18I DI 19I SI 20IU
Remarks
29111111111IIIIIIIIIIIIIIIIIIIIIII Jill [ Ill IIIIIII6
Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ------------------------Reserved-----—-------------
67 I 1
69 70'2 I 71 I I 721 NJ 73 L ' 174 751 I I I I I ( 180
Section B: Facility Data W
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
Murphy WWTP
10:30 AM 10/12/17 07/10/01
Payne St Exit Time/Date Permit Expiration Date
Murphy NC 28906
P y 11:45 AM 10/12/17 12/08/31
Name(s)of Onsite Representative(s)/ritles(s)/Phone and Fax Number(s) Other Facility Data
Matthew Scott Helton/ORC/828-837-2510/
Name,Address of Responsible Official/Title/Phone and Fax Number
Anna A Payne,PO Sox 130 Murphy NC 289060130//828-837-2510/ Contacted
No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Operations&Maintenance 0 Sludge Handling Disposal 0 Facility Site Review
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Don Price �� �(,�,� ARO WQ//828-296-4500/ (Z—Zl -20ja
si
Keith Haynes ARO WQ//828-296-4500/ 3r
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Roger C Edwards ARO WQ//828-296-4500/
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont.)
3I NCO02O 40 I11 12I 10/12/17 I17 18IDI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
This Technical Assistance was conducted due to NPDES Permit NCO020940 (Town of Murphy) limits
violations that have been occurring during the past year. On-site analysis was conducted of Influent and
Effluent pH, Temp. and alkalinity. Results are as follows- Inf. pH-7.08 su, Temp. 12.9 degrees C., alkalinity
>/=120 mg/L; Eff. pH 7.09 su, Temp. 13.4 degrees C., alkalinity>/= 100 mg/L. SBR#1 was in operation
during the TA, MLSS determinations were made indicting a level of 2200-2270 mg/L. Discussions with
ORC Scott Helton indicated this is the current level that facility tries to operate. There are issues with
wasting due to current problems with slug loading and weather. It is suggested the facility review current
solids management strategy and wasting capacity. Facility needs more wasting capability and means to get
solids out of system.
Also, a Facility'Process Control' scheme needs to be developed that'tracks' solids removal, BOD removal,
TSS removal, Alkalinity, pH, and DO profile, for the entire SBR process. This'Process Control' plan should
be conducted "DAILY" until facility shows compliance with all limits and conditions of NPDES permit
NC0020940. The facility should review entering into an SOC (Special Order by Concent) in order to allow
facility time to get solids managemnet and Process Control strategy in place.
n
Page# 2
-- - ------ - - - --- 11- _I- ----

Permit: NCO020940 Owner-Facility: Murphy WWTP
Inspection Date: 12/17/2010 Inspection Type: Technical Assistance
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ 0 ❑ ❑
Does the facility analyze process control parameters,for ex: MLSS,MCRT,Settleable Solids,pH, DO,Sludge ❑ ■ ❑ 0
Judge,and other that are applicable?
Comment: Facility was currently under some construction at the time of the Technical
Assistance. Discussions with ORC, Scott Helton, indicate facility does 'periodic' MLSS
determination(s), with no set schedule. It is suggested that a 'Process Control'scheme
be established, taking MLSS, pH, DO profile, Alkalinity, on a DAILY basis, 5 days per
week. Data collected should then be charted and determine trends for BEST operational
strategy to implement.
Sequencing Batch Reactors Yes No NA NE
Type of operation: Duplex
Is the reactor effluent free of solids? ❑ ■ ❑ ❑
Does minimum fill time correspond to the peak hour flow rate of the facility? ® ❑ ❑ ❑
Is aeration and mixing cycled on and off during fill? ® ❑ n ❑
The operator understands and can explain the process? ® ❑ ❑ ❑
Comment: ORC, Scott Helton appears to understand the process, but does not collect
data sufficient enough to show the effectiveness of the process. A solids management
strategy needs to implemented to show wasting rates, sludge digestion rates,sludge
press rates, and overall solids removal from the process.
Aerobic Digester Yes No NA NE
Is the capacity adequate? ❑ ■ ❑ 0
Is the mixing adequate? I=1 ® ❑ 0
Is the site free of excessive foaming in the tank? ® ❑ 0 ❑
#Is the odor acceptable? 0000
#Is tankage available for properly waste sludge? ❑ ® ❑ ❑
Comment: Solids digester capacity and solids managemnet capabilities for this facility
are questionable. ORC has indicated he experiences periods of'slug loading(s)', which
appear to be caused by septic/port-a-john pumpers. It is suggested that a 'Slug Control'
program be established in addition to on-site process control that allows facility staff to
make best determination for managing solids during the slug periods. Survey(s) of
current area pumpers should be made and mailings sent out to all parties regarding the
slug loads. Also, suggest that advertisements in local newspapaer be taken to notify
public of sludge issues and need for information.
Page# 3

-A�34xft")74
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, 2010
Mr. Buddy Young
Lake Junaluska Assembly
P.O. Box 67
Lake Junaluska,NC 28745
Subject: Request for More Information
401 Water Quality Certification
Lake Junaluska—Sediment Disposal Site
DWQ Project# 10-0888
Haywood County
Response deadline: January 28, 2011
Dear Mr. Young:
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(you and Ms. Susan
Wilson discussed these items on December 14, 2010).
Additional Information Requested:
1. Regarding the proposed mitigation plan,please indicate on the plan sheet(and in writing) what
culverts are to be removed. It is unclear from the diagram in the package (the DWQ has a small
scale drawing in the back of the mitigation package, but it is unclear which culverts are to be
removed, where they are located, and the specific length of each culvert to be removed). Also
indicate the road that is to be removed and replanted.
2. With the removal of the culverts,please outline in writing how the work will be done to prevent
sediment deposition(i.e., temporary pump around or other). Depending on the length of the
culverts to be removed,please detail how the stream channel will be restored (if the lengths of
culvert to be removed are over 20 feet this detail may be necessary).
3. After discussion with Ms. Lori Beckwith, of the US Army Corp of Engineers (USACOE), all
mitigation and enhancement work must be completed prior to, or concurrently with, any impacts
(i.e.,the stream restoration work must be done concurrently or prior to the impact for the
disposal site).
Location:2090 U.S.Highway 70,$wannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 1�7One t� t
Internet:www.ncwaterquality.org iV Ol thiCf Ja'�rro lina
An Equal Opportunity 1 Affirmative Action Employer Na��'`r►111

Mr.Young
December 21,2010
Page 2 of 2
If Lake Junaluska Assembly wishes to perform the impacts concurrently with the mitigation, t_
USACOE and the DWQ must receive a signed letter from Haywood Soil and Water(as they are
to perform the work) stating definitive dates when the mitigation work will be performed and
completed. Only upon receipt of this letter would the USACOE and DWQ consider such a
request. At this time the USACOE 404 permit states that the mitigation work must be performed
prior to any impact(this permit would have to be modified if the Assembly does otherwise).
4. You stated that impacts of stormwater may be alleviated in the restoration and mitigation area
(especially around the maintenance building). Please state what Lake Junaluska will do with
regard to point source impacts from stormwater.
Please provide your response in writing to the addresses below by January 28, 2011. Four copies of the
required information should be provided to the 401 Permitting Unit at:
Mr. Ian McMillan
401 Permitting Unit
1650 Mail Service Center
Raleigh,NC 27699-1650
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 J
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 Ms.Wilson at 828-296-4665 or e-mail at
susan.a.wilsonkncdenr.gov , if you have any further questions.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Ms. Lori Beckwith-US Army Corps of Engineers Asheville Field Office
David McHenry-North Carolina Wildlife Resources Commission
Ian McMillan 401 Permitting Unit
Haywood County Planning
ARO File copy
S:\SWP\Haywood\401s\Non-DOT\Lake Junaluska Assembly Proj 12 2010\AddInfo.Lake Junaluska Assembly.12 2010.doc

Ak ';��
r
HCUR��i
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director
Secretary
December 22, 2010
Joe Henry
Tellico Enterprises Inc
4175 Tellico Rd
Franklin NC 28734
SUBJECT: Compliance Sampling Inspection
Tellico Enterprises, Inc
Permit No: NCG530071
Macon County
Dear Mr. Henry:
Enclosed please find a copy of the Compliance Sampling Inspection Report from
the inspection which I conducted at your facility on November 8, 2010. The facility was
found to be in Compliance with permit NCG530071 at the time of the inspection.
Please refer to the enclosed inspection report for additional observations and
comments. If you have any questions, please do not hesitate to contact me at 828-296-
4500.
Sincerely
Keith Hayneg
Environmental Sr. Specialist
Enclosure
cc: Central Files
Asheville Files
S:\SWP\Macon\Wastewater\General\NCG53 Trout Farms\Te11ico\CSI11.8.101et.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 NorthCarolina
Internet:www.ncwaterauality.org Naturalf

United States Environmental Protection Agency Form Approved.
Washington,D.C.20460
EPA OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 LI 2 I SI 3' NCG530071 111 121 10/11/08 117 IBIS 191 c1 20II
L!
Remarks �-!!
211IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII6
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA --------—---—-----------Reserved-----------------
67I 169 70I I 71II 721 NI 731 I 174 751 I I ( I ) I 180
Section B: Facility Data 1—LJ
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
10:20 AM 10/11/08 08/08/25
Tellico Enterprises, Inc
4175 Tellico Rd Exit Time/Date Permit Expiration Date
Franklin NC 28734 12:40 PM 10/11/08 12/07/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Joe Henry/Manager/828-349-9034 /
Name,Address of Responsible Officialrritle/Phone and Fax Number
Joe Henry,4175 Tellico Rd Franklin NC 28734//828-349-9034/ Contacted
No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Facility Site Review Effluent/Receiving Waters
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Keith Haynes � $ ARO WQ//828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Roger C Edwards`lk ARO WQ//828-296-4500/ ' xl Lq o
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type 1
3' NCG530071 '11 12I 10/11/08 I17 18101
Lfj
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Samples results for grab samples collected during the inspection were as follows:
BOD- 5.0 mg/I
TSS-6.2 mg/I
NH3 as N -0.68 mg/1
TKN as N- 1.1 mg/1
NO2+NO3 as N-0.06 mg/I
Total phosphorus-0.15 mg/1
Results indicate compliance with permit limits at the time of the inspection.
Please make sure that you are following your BMP for solids management,you complete your yearly
monitoring requirements and maintain the results on site for review during the next inspection.
Page# 2

Permit: NCG530071 Owner-Facility: Tellico Enterprises,Inc
Inspection Date: 11/08/2010 Inspection Type: Compliance Sampling
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑
Is the facility as described in the permit? ■ ❑ 0 ❑
#Are there any special conditions for the permit? ❑ (l ■ ❑
Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑
Is the inspector granted access to all areas for inspection? Cl ❑ 0
Comment: The new manager should make sure he is familiar with the conditions of
the permit.
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ ❑ ❑ 0
Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑
If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ ❑
Comment:
Page# 3

XAA
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 22, 2010
Jane Fuqua, Property Manager
IPM Corporation
2602 Hendersonville Road
Arden,NC 28704
Subject: Request for More Information
401 Water Quality Certification
UT to Cane Creek Restoration(Townes at Connor Creek Homeowners Association,Inc.)
DWQ Project# 10-0950
Henderson County
Response deadline: January 28, 2011
Dear Ms. Fuqua:
The Division of Water Quality(DWQ)has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced property. Additional information will be required in order to
complete the review process.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. There is a considerable amount of impervious surface area upstream and in the area of the project
(which likely causes a significant hydraulic load during storm events). The Townes at Connor
Creek Homeowners Association should be notified that the stream restoration/diversion may be
subject to erosion over time, which again may have to be repaired. Please state how the
Homeowners Association has been informed of this fact. Also explain if other means of
stabilization, such as enhancement, of the eroded area was considered (rather than 330 linear feet
of stream relocation and stabilization)?
2. The DWQ has confirmed that the former pond bottom is a jurisdictional wetland. You must
provide an amended PCN application which reflects the impacts proposed to the wetland. As
part of your PCN you must provide monitoring which will show wetland hydrology will not be
affected by the project.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 One
Internet:www.nGwaterquality.org NorthCa.rollna
An Equal Opportunity 1 Affirmative Action Employer �lltlll�gj�l,�

Ms.Fuqua
December 22,2010
Page 2 of 2
3. The DWQ concurs with the Wildlife Resources Commission's comments regarding the e.
rip rap for constructed riffles (it is larger than the parent material in the stream and could lea,
subsurface flow). DWQ recommends that native stone, appropriately sized, be used for the
project. Please note Condition 11 of the Water Quality General Certification 3689 (associated
with NWP 27), which states"rip-rap shall not be installed in the streambed except in specific
areas required for velocity control." Information must be submitted to justify the size of the rip-
rap stabilization if the Homeowner's Association wishes to keep it in place, including bedload
material distribution and shear stress analysis.
4. Mr. Andrew Bick is listed as the agent and has signed the application. No delegation of
signature authority was submitted with the application. DWQ must have the signature delegation
or you, as the Registered Agent, must sign the application.
Please provide your response in writing to the addresses below by January 28, 2011. Four copies of the
required information should be provided to the 401 Permitting Unit at:
Mr. Ian McMillan
401 Permitting Unit
1650 Mail Service Center
Raleigh,NC 27699-1650
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 Ms. Wilson at(828) 296-4500 or e-mail
[e-mail], if you have any questions.
Sincerely,
Cr rEdwards,Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Tyler Crumbley-US Army Corps of Engineers Asheville Field Office
David McHenry-North Carolina Wildlife Resources Commission
Ian McMillan- 401 Permitting Unit
Henderson County Planning
ARO File copy
Andrew Bick, Confluence Engineering, PC -
SASWP\Henderson\401s\Non-DOT\UT Cane Crk Stream Restor\ADDINFO.UT Cane Crk Restor.12 2010.doc

AI �w
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 28, 2010
Christopher J. Estes, RLA '
Estes Design, Inc.
P.O. Box 79133
Charlotte,NC 28271
Subject: Request for More Information
401 Water Quality Certification
South Sylva Retail Substation
DWQ Project# 10-0986
Jackson County
Response deadline: January 28, 2010
Dear Mr. Estes:
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:
1. Photo documentation of the existing stream and wetlands should be provided.
2. Please submit a revised plan sheet indicating how the stream banks will be stabilized (coir
matting of the stream banks is not currently specified in the plans). This should also be indicated
in the area where the existing culvert will be removed.
3. Please specify how the restored stream channel will simulate the existing stream channel (what is
the current bedload size, etc. and how will it be simulated in the restored channel).
4. Based on your conversation with Susan Wilson on December 22, 2010, the DWQ understands
that some impacts (the temporary construction access) may be reduced. Please modify the
application to reflect any reductions in impact.
Also as discussed with Ms. Wilson, most 401 certifications that have over 24% impervious surface area require
a stormwater management plan (for post construction stormwater measures). The certification for Utility Line
Activities (WQC # 3819) does not require this. However, Duke Energy may wish to consider some form of
post construction stormwater due to the projected amount of impervious surface area for this project.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 One
Internet www.ncwaterqual4.org North.Carohna
An Equal Opportunity i Affirmative Action Employer
;Vat trG llff

Mr.Estes
December 28,2010
Page 2 of 2
The DWQ will require an as-built survey of the project and will also require 3 years of monitoring to ensure
stability of the stream restoration/relocation(this will be a condition of the approval).
Please provide your response in writing to the addresses below by January 28, 2010. Four copies of the
required information should be provided to the 401 Permitting Unit at:
Mr. Ian McMillan
401 Permitting Unit
1650 Mail Service Center
Raleigh,NC 27699-1650
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 contact Ms. Wilson at 828-296-4500 or via e-mail at
susan.a.wilsongncdenr.gov , if you have any questions.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Kevin Johnson, Duke Energy, 400 S. Tryon St., Charlotte,NC 28202
Lori Beckwith-US Army Corps of Engineers Asheville Field Office
David McHenry -North Carolina Wildlife Resources Commission
Ian McMillan- 401 Permitting Unit
Jackson County Planning
ARO File copy
S:\SWP\Jackson\401s\Non-DOT\Duke Enegy-Sylva SubstationWdInfo.Sylva Substation.12 2010.doc

rj
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue Dee Freeman
Governor Secretary
December 29, 2010
Mr. Ken Nelon
(3100 Memorial Drive)
Post Office Box 162
Lake Lure,North Carolina 28746
SUBJECT: Notice of Violation/Notice of Intent to Enforce
NOV-2010—DV-0425
Incident No. 201003337
Overflowing Sewer
Rutherford County
Dear Mr.Nelon:
The enclosed Notice of Violation/Notice of Intent to Enforce (NOV/NOI) sent to you originally dated
December 21, 2010 indicated 3108 Memorial Drive as the property involved in a sewer line overflow. We
,have been informed that the property at 3108 Memorial Drive is an old building of which the sewer was
disconnected in the year 2000 and the actual property involved is located at 3100 Memorial Drive. Therefore,
please find enclosed the reissuance of the NOV/NOI reflecting the correct property address.
Sincerely,
. Roger Edward , Regional Supervisor
Surface Water Protection Section
Enclosure
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 UIlC
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NoPthCa1011lla
Internet: www.ncwaterquality.org
Naturall f
An Equal Opportunity 1 Affirmative Action Employer-50%Recycled!'10°!°Post Consumer Paper

Y I AF
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, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7009 1680 0000 7515 2175 7009 1680 0000 7515 2137
Mr. Ken Nelon Bell South
(3100 Memorial Drive) (109 Buddy Lane)
Post Office Box 162 1155 Peachtree Street NE
Lake Lure, North Carolina 28746 Atlanta, Georgia 30309
7009 1680 0000 7515 2113 7009 1680 0000 7515 2144
Mr. Robert Gurley Mr. William Nicholson
(114 Buddy Lane) (120 Buddy Lane)
2430 U.S. Highway 70 West 191 Quail Ridge Road
Goldsboro, North Carolina 27530 Fletcher, North Carolina 28732
7009 1680 0000 7515 2120 7009 1680 0000 7515 2151
Mr. Thurman Short Mr. Jim H. Cook
(127 Buddy Lane) (163 Sea Wish Way)
- 1430 Deal Road Post Office Box 734
Blacksburg, South Carolina 29702 Lake Lure, North Carolina 28746
Subject: NOTICE OF VIOLATION/NOTICE OF
INTENT TO ENFORCE
NOV-2010-DV-0426
Incident No. 201003337
Overflowing Sewer
109,114,120, & 127 Buddy Lane
Rutherford County
Dear Sirs and Madams:
It is the understanding of staff of the Asheville Regional Office that a privately owned
sewer line runs up and under the property at 3108 Memorial Drive and is overflowing on
the property. This same sewer line extends to serve that portion(s) of 109, 114,120,127
Buddy Lane, and 163 Sea Wish Way. Information also indicates that the persons
receiving this letter make use of one or the other of these lines.
All users of this line need to immediately make arrangements to repair the line.
North Carolina Division of Water Quality,Asheville Regional Office
Location:2090 U.S.Hwy.70,Swannanoa,North Carolina 27107 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCarollna
Internet:www,ncwaterquality.org ;Va�i/N�r!
An Equal Opportunity'11Affirmative Action Employer LLt tl;JJ/

NOV-2010-DV-0425
Private Sewer Overflow,
Page 2 of 2
North Carolina General Statute 13A-335(a) says that a person owning a residence
shall provide an approved wastewater system. Continued dependence on an
overflowing sewer places at risk your ability to continue to live in your house. Those of
you using'the overflowing sewer should get it repaired immediately.
It is presumed that the sewer line(s) do not occupy deeded right-of-way. Each
residence that is connected to this line(s) is responsible for proper operation and
maintenance of the sewer line(s). When an overflow occurs on this sewer line(s) ALL
residences connected are responsible for the repair of the sewer line(s). Failure to
repair a sewage overflow can result in assessment of civil penalties of up to $25,000
per day.
Please respond within fifteen days (15) of receipt of this letter regarding repair(s) to
the overflowing sewer. Please notify Mr. Don Price at 828-296-4500 when repairs are
complete.
Sincerel
^Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: Chris Braund, Lake Lure Town Manager
Environmental Health Director, Rutherford County
Don Price, ARO
Deborah Gore, PERCS
S\SWP\Rutherford\Collection Systems\Chimney Rock Collection System\NOV 2010 DV 0425 Buddy Lane Lake Lure.doc