DWR SWP Read File ArchiveDec. 2012

NCDENR
North_ Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P. E.
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
12/10/2012
Mr. Joe Hall,Registered Agent
Black Bear Development Inc.
608 Marina Drive
Nebo,NC 28761-9202
Subject: Notice of Violation and Recommendation for Enforcement
Project: Black Bear Development Dam Failure
NOV 2012-PC-0189
Incident Closure
McDowell County
Dear Mr. Hall:
The Division of Water Quality(DWQ) has received the cleanup status from C1earWater
Environmental Consultants, related to the Notice of Violation and Recommendation for
Enforcement NOV-2012-PC-0189.
DWQ has reviewed the information provided. The written response and sediment clean up
performed has satisfactorily resolved the violations noted in the subject Notice of Violation and
Recommendation for Enforcement.
I appreciate your attention in this matter. Should you have any questions regarding these matters,
please contact Tim Fox at(828) 296-4664 or [e-mail].
Sincere ,
T'3rf"Fox
Environmental Specialist
Surface Water Protection Section
cc: Karen Higgins—WBSCP Unit
Clement Riddle—ClearWater Environmental Consultants,Inc.
ARO File Copy
S:\SWP\McDowell\Complaints\Lake James Black Bear Development\CLO.Black Bear Development.l2-10-2012.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Nr
Phone:[phone] FAX:[phone]
Internet: wvvw,ncwatergLiality.org
An Equal Opportunity 1 Affirmative Action Employer

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P. E.
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
12/10/2012
Clay E. Heck
125 Watch Knob Lane
Swannanoa,NC 28778
Subject: Notice of Violation and Recommendation for Enforcement
Project: Will Campbell Road PIN (968728795900000)
NOV-2012-PC-0276
Incident Closure
Buncombe County
Dear Mr. Heck:
The Division of Water Quality(DWQ)has reviewed and inspected stabilization work related to the
Notice of Violation and Recommendation for Enforcement NOV-2012-PC-0276.
The stabilization work performed has satisfactorily resolved the violations noted in the subject
Notice of Violation and Recommendation for Enforcement.
` I appreciate your attention in this matter. Should you have any questions regarding these matters,
please contact Tim Fox at(828) 296-4664 or [e-mail].
Sincerely,
Tim
Environmental Specialist
Surface Water Protection Section
cc: Karen Higgins—WBSCP Unit
ARO File Copy
SASWP\l3uncombe\Complaints\will campbell road\CLO.Will Campbell Road.12-10-2012.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna
Phone:[phone]M FAX:[phone]
Internet: www.ncwaterquality.org �gtlfrR��l,J
An Equal Opportunity\Affirmative Action Employer

APIA
WDEN"M
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 11, 2012
Robert M. Sams
Town of Mars Hill
PO Box 368
Mars Hill NC 287540368
SUBJECT: Compliance Evaluation Inspection
Mars Hill WTP
Permit No: NCO083712
Madison County
Dear Mr. Sams:
On November 28, 2012, 1 conducted a Compliance Evaluation Inspection at the
Mars Hill Water Treatment Plant (WTP). The facility was found to be in compliance with
permit NC0083712. Mr. Ray McCall with the Public Water Supply Section was present
during the inspection.
Enclosed is the inspection report containing important information for your review.
If you or your staff has any questions, please call me at 828-296-4500.
Sincerely,
Linda Wiggs
Environmental Senior Specialist
Surface Water Protection
Enclosure
cc: Central Files
Asheville Files
S:\SWP\Madison\Wastewater\Municipal\Mars Hill WTP 83712\CEI.83712.Nov2012.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarohna
Phone:[phone]\FAX:[phone] �R.tu1,Q//�
Internet:www.ncwaterguality.org t[

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United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 INI 2 15I 31 NCO083712 111 121 12/11/28 117 18I S I 19I S I 201 I
Remarks
2111111111111111 II I III 1111 1111 11111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CA ---------------------------Reserved----------------------
67I 169 70131 711 I 72I N I 73) I ' 74 751 I I I I I Li 80
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
Mars Hill WTP 09:30 AM 12/11/28 11/07/01
NCSR 1505 Exit Time/Date Permit Expiration Date
Mars Hill NC 28754 11:30 AM 12/11/28 15/09/30
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
///
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Robert M Sams,PO Box 368 Mars Hill NC 287540368//704-689-2301/ Yes
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Flow Measurement Operations&Maintenance Records/Reports
Self-Monitoring Program Sludge Handling Disposal Facility Site Review .Effluent/Receiving Waters
Laboratory Other
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Linda S Wiggs ARO WQ//828-296-4500 Ext.4653/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type 1
3I NC0083712 I11 12, 12/11/28 17 18I S
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Overall the facility appeared well maintained and operated.
It is preferred that the facility contact DWQ this summer when the lagoon is being worked on for solids
removal, especially regarding the chemical use.
See questions for further evaluations.
Page# 2

Permit: NCO083712 Owner-Facility: Mars Hill WTP
Inspection Date: 11/28/2012 Inspection Type: Compliance Sampling
Other Yes No NA NE
Comment: Inspector has asked the facility to sample Aluminum (Al)upstream and
downstream when sampling effluent for Al. This is not a requirement,just a request to
see if the stream is assimilating the Al. They were told they could do the upstream and
downstream at their lab since it is not to be used for compliance. The quarterly AI
effluent sampling is still to be performed by a certified lab. But if they could sample the
effuent, upstream and downstream at their convenience for informational purposes it
would be appreciated.
Operations &Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n n n
Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids,pH, DO,Sludge ■ n n n
Judge, and other that are applicable?
Comment: Lab onsite is certified for field parameters.
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n
Is the facility as described in the permit? ■ n n ❑
#Are there any special conditions for the permit? ■ n n n
Is access to the plant site restricted to the general public? ■ n n n
Is the inspector granted access to all areas for inspection? ■ n n n
Comment: Toxicity was added to WTP permits. Sampling is required but there is no
limit.
Record Keeping Yes No NA NE
Are records kept and maintained as required by the permit? ■ n n n
Is all required information readily available,complete and current? ■ n n 0
Are all records maintained for 3 years(lab. reg. required 5 years)? n n n ■
Are analytical results consistent with data reported on DMRs? ■ Cl n n
Is the chain-of-custody complete? n n n ■
Dates,times and location of sampling n
Name of individual performing the sampling n
Results of analysis and calibration n
Dates of analysis n
Name of person performing analyses n
-- Transported COCs n
Page# 3

Permit: NCO083712 Owner-Facility: Mars Hill WTP
Inspection Date: 11/28/2012 Inspection Type: Compliance Sampling
Record Keeping Yes No NA NE
Are DMRs complete:do they include all permit parameters? ■ Q n n
Has the facility submitted its annual compliance report to users and DWQ? n n ❑ ■
(If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? 0 n n n
Is the ORC visitation log available and current? n ❑ n ■
Is the ORC certified at grade equal to or higher than the facility classification? n ❑ n ■
Is the backup operator certified at one grade less or greater than the facility classification? Cl n ❑ ■
Is a copy of the current NPDES permit available on site? ■ n n n
Facility has copy of previous year's Annual Report on file for review? n ❑ ❑ ■
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ ❑ n n
Are the receiving water free of foam other than trace amounts and other debris? ■ n ❑ n
If effluent (diffuser pipes are required) are they operating properly? n n ■ n
Comment: Stream looked good. No impacts noted. See above regarding informational
sampling request.
Flow Measurement-Effluent Yes No NA NE
#Is flow meter used for reporting? n n ■ n
Is flow meter calibrated annually? (_'I n ■ n
Is the flow meter operational? n n ■ n
(If units are separated)Does the chart recorder match the flow meter? n n ■ n
Comment: Instantaneous readings reported 2/mnth.
Drying Beds Yes No NA NE
Is there adequate drying bed space? n n ■ n
Is the sludge distribution on drying beds appropriate? n n ■ n
Are the drying beds free of vegetation? n n ■ Cl
#Is the site free of dry sludge remaining in beds? ❑ n ■
Is the site free of stockpiled sludge? n n ■ n
Is the filtrate from sludge drying beds returned to the front of the plant? ❑ fl ■ n
#Is the sludge disposed of through county landfill? n n ■ n
i
#Is the sludge land applied? n n ■ n
Page# 4

Permit: NCO083712 Owner-Facility: Mars Hill WTP
Inspection Date: 11/28/2012 Inspection Type: Compliance Sampling
Drying Beds Yes No NA NE
(Vacuum filters) Is polymer mixing adequate? n ❑ ■ Q
Comment: This facility uses a Geotube for solid removal from lagoon. The geotube
gathers the solids, once the geotube is full of solids it is disposed of at landfill.
Solids Handling Equipment Yes No NA NE
Is the equipment operational? n n n ■
Is the chemical feed equipment operational? ❑ fl 0 ■
Is storage adequate? Cl ❑ n ■
Is the site free of high level of solids in filtrate from filter presses or vacuum filters? n n ■
Is the site free of sludge buildup on belts and/or rollers of filter press? ❑ ❑ ■ n
Is the site free of excessive moisture in belt filter press sludge cake? ❑ n ■ Q
The facility has an approved sludge management plan? ❑ ❑ ❑ ■
Comment: How the solids are handled was discussed. A Geotube is used to gather
solids. Aproximately every 4-5 years the facility has to remove solids from the lagoon.
They are planning on removing solids the summer of 2013. They expect to hire a
company to assist them. The removal process was described as a flexible tube placed
in the lagoon.and moved around where or when needed which will bring the solids
slurry to the Geotube. Chemicals may be added to assist with Geotube settling. The
chemical to be used is unknown, it may be dependent on company assisting. The
inspector informed staff that the chemical used has to be a DWQ approved chemical.
And it is also crucial that the chemical be used correctly, otherwise it could be illegally
discharged to the stream.
Chemical Feed Yes No NA NE
Is containment adequate? n ❑ n ■
Is storage adequate? n Q ❑ ■
Are backup pumps available? n 0 ■
Is the site free of excessive leaking? 00 ■ fl
Comment: Most chemicals onsite are regulated by the Water Supply Section.
However, the use of chemicals during solids removal was discussed.
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? 11000
Is storage appropriate for cylinders? n ❑ ❑ ■
#Is de-chlorination substance stored away from chlorine containers? ❑ n n ■
Page# 5

Permit: NC0083712 Owner-Facility: Mars Hill WTP
Inspection Date: 11/28/2012 Inspection Type: Compliance Sampling
De-chlorination Yes No NA NE
Comment:
Are the tablets the proper size and type? ■ D D Cl
Are tablet de-chlorinators operational? ■ D D D
Number of tubes in use? 2
Comment: The dechlorinator device was loose. Facility should keep an eye to make
sure it does not dislodge.
Standby Power Yes No NA NE
Is automatically activated standby power available? D D D ■
Is the generator tested by interrupting primary power source? D D D ■
Is the generator tested under load? D D D ■
Was generator tested&operational during the inspection? ❑ ❑ D ■
Do the generator(s)have adequate capacity to operate the entire wastewater site? D D D ■
Is there an emergency agreement with a fuel vendor for extended run on back-up power? D D D ■
Is the generator fuel level monitored? D D D ■
Comment: Backup power is onsite and is required by the Public Water Supply
Section, so not evaluated by DWQ.
Lagoons Yes No NA NE
Type of lagoons? Facultative
#Number of lagoons in operation at time of visit? 1
Are lagoons operated in?
#Is a re-circulation line present? D D ■ D
Is lagoon free of excessive floating materials? ■ D D D
#Are baffles between ponds or effluent baffles adjustable? D D ■ D
Are dike slopes clear of woody vegetation? ■ D D D
Are weeds controlled around the edge of the lagoon? ■ D D Cl
Are dikes free of seepage? ■ D D D
Are dikes free of erosion? ■ Cl D D
Are dikes free of burrowing animals? ■ D D D
#Has the sludge blanket in the lagoon(s)been measured periodically in multiple locations? D ■ D D
#If excessive algae is present,has barley straw been used to help control the growth? D D ■ D
Page# 6

Permit: NCO083712 Owner-Facility: Mars Hill WTP
Inspection Date: 11/28/2012 Inspection Type: Compliance Sampling
Lagoons Yes No NA NE
Is the lagoon surface free of weeds? ■ ❑ n Q
Is the lagoon free of short circuiting? ■ fl n 01
Comment: There was a small amount of vegetation along the edge of the lagoon, but
not enough to be concerned about. The facility is aware of maintenance requirements
for weeds.
There appeared to be some short circuiting in the lagoon but the effluent did not confirm
this. The pipe delivering backwash water to the lagoon is located close to the outfall
from the lagoon. The pipe is angled to direct water around the lagoon but there was
some suspended material near the outfall. However, during the inspection the effluent
into the stream did not indicate any visible solids.
The sludge blanket had not been measured. Personnel indicated it is difficult given the
slope of the lagoon. Safety concerns also.
Laboratory Yes No NA NE
Are field parameters performed by certified personnel or laboratory? ■ 0
Are all other parameters(excluding field parameters)performed by a certified lab? ■ n 0 n
#Is the facility using a contract lab? ■ Cl n n
#Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? fl Cl n ■
Incubator(Fecal Coliform)set to 44.5 degrees Celsius+/-0.2 degrees? ❑ fl ❑ ■
Incubator(BOD)set to 20.0 degrees Celsius+/-1.0 degrees? ❑ n n ■
Comment: Onsite lab is field certified for wastewater analysis (TRC, Cond., D.O., pH,
Temp.). Other parameters analyzed for compliance purposes go to commercial lab.
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ❑ ❑ ■ n
Are the tablets the proper size and type? n n ■ n
Number of tubes in use?
Is the level of chlorine residual acceptable? n n ■ D
Is the contact chamber free of growth,or sludge buildup? n 11 n
Is there chlorine residual prior to de-chlorination? ❑ ❑ ■ fl
Comment:
Effluent Sampling Yes No NA NE
Is composite sampling flow proportional? n n ■
Is sample collected below all treatment units? ■ ❑ fl
Page# 7

Permit: NCO083712 Owner-Facility: Mars Hill WTP
Inspection Date: 11/28/2012 Inspection Type: Compliance Sampling
Effluent Sampling Yes No NA NE
Is proper volume collected? I_l fl N fl
Is the tubing clean? ❑ fl 0 fl
#Is proper temperature set for sample storage(kept at less than or equal to 8.0 degrees Celsius)? ❑ ❑ ■ ❑
Is the facility sampling performed as required by the permit(frequency,sampling type representative)? 0011 n
Comment: Facility has a good compliance history.
Upstream 7 Downstream Sampling Yes No NA NE
Is the facility sampling performed as required by the permit(frequency,sampling type,and sampling location)? ■ fl n n
Comment: Additional informational upstream and downstream (U/D)analysis for
Aluminum is not required, but has been requested by inspector as mentioned previously
and may be performed by staff.
In conversation since the inspection with Mr. Sams the facility has already performed a
U/D sample for Al. The instream numbers were U-0 ug/I and D-30 ug/I.
1
Page# 8

A'
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 11,2012
Transylvania County
DWQ Project 20121077
TIP Project No.5010
US Highway 64
Approval of 401 Water Quality Certification with Additional Conditions
Dr. Gregory J.Thorpe,Ph.D., Manager
North Carolina Department of Transportation
Project Development and Environmental Analysis
1598 Mail Service Center
Raleigh,North Carolina, 27699
Dear Dr. Thorpe:
You have our approval, in accordance with the conditions listed below,for the following impacts in Rock Creek for the
purpose of replacing Bridge No.27 with a single-barrel 90-foot long, 10-foot by 8-foot,reinforced concrete box culvert,
197 feet of temporary impacts that includes a temporary culvert and dewatering for an on-site detour and the temporary
fill of 0.07 acres of a private pond, on US Highway 64 in Transylvania County:
Stream Impacts in the Savannah River Basin
Site Temporary Fill Stream Bank Permanent Temporary Total Stream
In Intermittent Stabilization Fill in Impacts in Stream Impacts
Stream (linear ft) Perennial Perennial Impact Requiring
(linear ft) Stream Stream (linear ft) Mitigation
(linear ft) (linear ft) (linear ft)
Site 1 0 0 90 0 90 0
Site 2 0 50 0 0 50 0
Site 3 0 0 0 197 197 0
Total 0 50 90 197 337 0
Total Permanent Stream Impacts for Project: 140 lin. ft. Total Temporary Stream Impacts for Project: 197 linear ft.
O en Water(Pond)Impacts in the Savannah River Basin
Site Permanent Fill in Temporary Fill in Total Fill in Open Waters
Open Waters (ac) Open Waters (ac) (ac)
Site 1 0.0 0.07 0.07
Total 0.0 0.07 0.07
Total Open Water Impact for Project: 0.07 acres.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarolina
Phone: [phone] FAX:[phone] Customer Service:1-877 623-6748 N����
Internet:: www.ncwaterquality.org L
An Equal Opportunity t Affirmative Action Employer A�tu

Dr. Gregory J.Thorpe,Ph.D.
December 11,2012
Page Two
The project should be constructed in accordance with your application dated November 15, 2012 (received November 27,
2012), including the environmental commitments made in the application letter. After reviewing your application, we
have decided that these impacts are covered by General Water Quality Certification No. 3886, corresponding to the U.S.
Army Corps of Engineers Regional General Permit Number 31. In addition,you should acquire any other federal, state or
local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-
Discharge and Water Supply Watershed regulations.
This approval is valid solely for the purpose and design described in your application (unless modified below). Should
your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must
be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If
total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the
future)exceed 150 linear feet,compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h)(6)and
(7). For this approval to he valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below.
Condition(s)of Certification:
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 thi
Certification.
3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to protect surface waters
standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects; including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
4. The permittee shall use /Design Standards in Sensitive Watersheds/ [15A NCAC 4B.0124 (a)-(e)] in areas
draining to ORW and trout waters. However, due to the size of the project,NCDOT shall not be required to
meet 15A NCAC 4B .0124(a)regarding the maximum amount of uncovered acres. Temporary cover(wheat,
millet, or similar annual grain) or permanent herbaceous cover shall be planted on all bare soil within 15
business days of ground disturbing activities to provide erosion control.
Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian -.
areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in
conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed
steep slopes with the following exception. Erosion control matting is not necessary if the area is contained

Dr. Gregory J. Thorpe,Ph.D.
December 11, 2012
Page Three
by perimeter erosion control devices such as silt fence, temporary sediment ditches, basins, etc. Matting
should be secured in place with staples, stakes,or wherever possible, live stakes of native trees. Erosion
control matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge and entrap
small animals. For the establishment of temporary groundcover within riparian areas,hydroseeding along
with wood or cellulose based hydro mulch applied from a fertilizer-and limestone-free tank is allowable at the
appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood
cellulose mulch into surface waters is prohibited. Riparian areas are defined as a distance 25 feet landward
from top of stream bank.
5. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr),
High Quality Waters (HQW), or Water Supply I or 11(WSI, WSH) stormwater shall be directed to vegetated
buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pretreating storm
water runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly
discouraged.
6. In-stream work and land disturbance within the 25-foot buffer zone are prohibited during the trout-spawning
season of October 15 through April 15 to protect the egg and fry stages of trout.
7. NCDOT is providing off-site mitigation of 90 linear feet through the North Carolina Ecosystem Enhancement
Program by letter dated September 25, 2012.
8. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and
Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification.
9. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and
streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter
greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48
inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other
structures including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested
in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features
encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine
whether or not a permit modification will be required.
10. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream
channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water
velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage.
11. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the
most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion structures shall be used to prevent excavation in flowing water.
12. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent
practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for
maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be
temporary and be revegetated with native riparian species.
13. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
14. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and
red maple) must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
15. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
16. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic
life passage. Bioengineering boulders or structures should be properly designed, sized and installed.

Dr. Gregory J.Thorpe,Ph.D.
December 11, 2012
Page Four
17. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
18. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants,hydraulic fluids, or other toxic materials.
19. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
21. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life and fish kills.
22. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
23. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on-site project manager.
24. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
25. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
26. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization
shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the
fencing are prohibited unless otherwise authorized by this certification.
27. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other
appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being
met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that
further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification.
28. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules,
regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
29. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
30. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all
work included in the §401 Certification has been completed.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404
or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60)
days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter
150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service
Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an
adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the
Certification. Unless such demands are made,this Certification shall be final and binding.

Dr. Gregory J.Thorpe,Ph.D.
December 11, 2012
Page Five
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
q �
harles Wakild,P.E., Director
Division of Water Quality
Attachments
cc: Lori Beckwith,USACE,Asheville Field Office
Mark Davis,Division 14,DEO
Ben DeWit,Roadside Environmental
Marla Chambers,NCWRC
Transportation Permitting Unit
Asheville Regional Office
20121077(Thorpe)Bridge 27 US Highway 64 TIP No.5010

.......+. cam.
GR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 11, 2012
Mr. Elbert H Dampier
13 Foxhorn Ct
Hendersonville NC 28791
SUBJECT: Compliance Evaluation Inspection
Dampier Elbert-Residence
Permit No: NCG550227
Henderson County
Dear Mr. Dampier:
Enclosed please find a copy of the Compliance Evaluation Inspection form from
the inspection conducted on November 30, 2012. The facility was found to be in
compliance with permit NCG550227.
Please refer to the enclosed inspection report for additional observations and
comments. If you have any questions, please call me at: 828-296-4500
Sin erely
Katherine H. Jimiso
Chemistry Technician III
Enclosure
cc: NPDES Unit
Central Files
Asheville Files
J..;.._v,._.,£, -r" aE 9'v:_. 55,.a> -3' 2� 2' 'C F. 2.c.+:3?':
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE,44/
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One
Phone:[phone]\FAX:[phone] NorthCarolina//
Internet:www.ncwaterguality.org naturally

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United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460
OMB No.2040-0057
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 [NJ 2 1 51 31 NCG550227 111 121 12/11/30 117 181 C I 191 S I 20 1
Remarks
211 I I 1 1 I I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 16
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved----------------------
671 169 701 1 711_1 721 N I 73 LJJ 74 751 I I 1 I I I 180
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
11:50 AM 12/11/30 07/08/01
13 Foxhorn Court
13 Foxhorn Ct Exit Time/Date Permit Expiration Date
Hendersonville NC 28791 12:10 PM 12/11/30 12/07/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
///
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Elbert H Dampier,13 Foxhorn Ct Hendersonville NC 28791H828-891-2101/ No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Facility Site Review
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
Kathy Jimison ARO WQ//828-296-4500/
_.,. ...... j6 /
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
3 NCG550227 111 12, 12/11/30 17 18I d
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
The facility appears to be operating properly. There is no chlorination. Overall appearance of the receiving
stream is good. No evidence of foaming or excess solids
1
Page# 2

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NCENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 11, 2012
Robert Jason Stanley
141 Whisperwood Ln
Hendersonville NC 28739
SUBJECT: Compliance Evaluation Inspection
141 Whisperwood Lane
Permit No: NCG550154
Henderson County
Dear Mr. Stanley:
Enclosed please find a copy of the Compliance Evaluation Inspection form from
the inspection, which was conducted on your subsurface sand filter on November 30,
2012. The facility was found to be in compliance with permit NCG550154.
Please refer to the enclosed inspection report for additional observations and
comments. If you have any questions, please call me at 828-296-4500
Sincerely,
Katherine H. Jimison
Chemistry Technician III
Enclosures
cc: Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE' ` One
Location:2090 U.S.Highway 70,Swannanoa, NC 28778 NorthCarollna
Phone:[phone]\FAX:[phone] //
Internet:www.ncwaterguality.org Natura!!rl

� i
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'� ,

United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
Water G. mpimanrp Inspertion 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 N I 2 15I 31 NCG550154 111 121 12/11/30 117 181 C I 19I S I 201
Remarks
211III IIIIII1I IIII IIII III1I111 11111III III111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved----------------------
67 I 169 701 I 71 I_I 721 N I 73 Ljj 74 751 I I I I I I ( 80
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
141 Whisperwood Lane
12:40 PM 12/11/30 02/08/01
141 Whisperwood Ln Exit Time/Date Permit Expiration Date
Hendersonville NC 28739 12:55 PM 12/11/30 07/07/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Robert Jason Stanley,141 Whisperwood Ln Hendersonville NC 28739//828-891-4019/ No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
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
Kathy Jimison, - ARO WQH828-296-4500/
....... 44 J_ee--e�41— 7-10
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
3) NCG550154 I11 12I 12/11/30 117 18I CI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
The receiving stream is very small. There appeared to be evidence of iron bacteria upstream of discharge
location. The actual discharge pipe was not located due to heavy over growth of vegetation. It is
recommended that the area around the effluent pipe be cleared of vegetation.
i
Page# 2

Ia�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 11,2012
Swain County
DWQ Project 20121097
Bridge No. 252
NCSR 1389(Herron Branch Road)
Approval of 401 Water Quality Certification with Additional Conditions
Mr.J.B. Setzer,P.E.
Division 14 Engineer
North Carolina Department of Transportation
253 Webster Road
Sylva,North Carolina,28779
Dear Mr. Setzer:
You have our approval,in accordance with the conditions listed below,for the following impacts in the East Fork Dicks
Creek for the purpose of replacing the existing Bridge No. 252 on NCSR 1389 (Herron Branch Road)in Swain County:
Stream Impacts in the Little Tennessee River Basin
Site Permanent Fill Streambank Permanent Temporary Total Stream
in Intermittent Stabilization Fill in Impacts in Stream Impacts
Stream (linear and Perennial Perennial Impact Requiring
ft) Bank Stream Stream (linear ft) Mitigation
Shaping (linear ft) (linear ft) (linear ft)
(linear ft)
Site 1 0 65 0 90 155 0
Total 0 65 1 0 1 90 1 155 1 0
Total Permanent Stream Impacts for Project: 65 lin.ft.Total Temporary Stream Impacts for Project: 90 linear ft.
The project should be constructed in accordance with your application dated November 29, 2012 (received December 5,
2012), including the environmental commitments made in the application letter. After reviewing your application, we
have decided that these impacts are covered by General Water Quality Certification No. 3883, corresponding to the U.S.
Army Corps of Engineers Nationwide Permit Number 3. In addition, you should acquire any other federal, state or local
permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge
and Water Supply Watershed regulations.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna
Phone:[phone] FAX:[phone] �atul"allt�
Internet: www.ncwaterquality.org
An Equal Opportunity i Affirmative Action Employer

Mr.J.B. Setzer,P.E.
December 11,2012
Page Two
This approval is valid solely for the purpose and design described in your application (unless modified below). Should
your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must
be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If
total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the
future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and
(7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below.
Condition(s)of Certification:
1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit
without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located
in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction
activities.
2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,they shall
be removed and the natural grade restored upon completion of the project.
3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to protect surface waters
standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, ani '
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. This project has the potential to impact trout waters or other aquatic species of concern. No construction activities
shall begin until the NCWRC makes adetermination regarding moratoria. Should the NCWRC determine that a
moratorium is applicable,then the requirements of any moratorium shall be a condition of this 401 Certification. If
NCDOT does not wish to honor the moratorium,then a written modification shall be requested.
5. 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.
6. The stream channel shall be excavated no deeper than the natural bed material of the stream,to the maximum extent
practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for
maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be
temporary and be revegetated with native riparian species.
7. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction
contours and elevations. The impacted areas shall be revegetated with appropriate native species.
8. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and �-
Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification.

Mr. J. B. Setzer,P.E.
December 11,2012
Page Three
9. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and
pre-treated through site-appropriate means(grassed swales,pre-formed scour holes,vegetated buffers,etc.)before
entering the stream. Please refer to the most current version of Stormwater Best Management Practices.
10. 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.
11. 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.
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 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.
14. 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.
15. 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.
16. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
17. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic
life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
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.
20. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
21. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
22. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life and fish kills.
23. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
24. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on-site project manager.
25. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
26. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
27. The outside buffer,wetland or water boundary located within the construction corridor approved by this authorization
shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the
fencing are prohibited unless otherwise authorized by this certification.

Mr.J. B. Setzer,P.E.
December 11,2012
Page Four
28. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other
appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being
met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that
further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification.
29. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules,
regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements,etc.
30. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
31. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all
work included in the §401 Certification has been completed.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404
or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60)
days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter
150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service
Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an
adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the
Certification. Unless such demands are made,this Certification shall be final and binding. -- -
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
harles Wakild,P.E.,Director
Division of Water Quality
Attachments
cc: Lori Beckwith,USACE,Asheville Field Office
Mark Davis,Division 14,DEO
Ben Dewit,Roadside Environmental
Marla Chambers,NCWRC
Transportation Permitting Unit
Asheville Regional Office
12-1097(Setter)Bridge No.252 NCSR 1389

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 11, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2100
Mr. Radford L. Thomas, Director, Public Utilities
City of Lenoir
PO Box 958
Lenoir,NC 28645-0958
SUBJECT: Special Order by Consent
NPDES Permit NCO023736
City of Lenoir
Gunpowder Creek WWTP
Caldwell County
Dear Mr. Thomas:
In the last two years,the Gunpowder Creek Wastewater Treatment Plant has been experiencing significant
NPDES permit non-compliance issues and has received numerous Notices of Violation(NOV), as well as Civil
Penalty Assessments (CPA). The violations appear to have been triggered by high rainfall events resulting in
high flows entering the wastewater treatment plant or other mechanical issues. The EPA does not recognize
NOVs or CPAs as adequate corrective action. Therefore, the numerous permit violations have led to the facility
being included on the Environmental Protection Agency's (EPA) Watch List. The agency only recognizes an
enforceable agreement such as a Special Order by Consent(SOC) as adequate action.
The Division is appreciative of the efforts the City has made to address the needs of the plant by undertaking the
required engineering studies and analysis. The recent approval of the Gunpowder- Creek Wastewater Treatment
Plant Improvements document by the Infrastructure Finance Section,which includes construction,
modifications and upgrades of the plant,provides an opportune time to enter into an agreement that incorporates
said improvements,particularly considering the timeframe for construction to begin—January 2014. Entering
an SOC would likely remove the facility from the Watch List and forestall any federal actions.
An SOC, as prescribed by North Carolina General Statues 143-215.2 and 143-215.67, is a voluntary legal
document by which the permittee is directed by the Environmental Management Commission to take actions in
order to eliminate future violations. Included in the proposed SOC for the City of Lenoir would be a schedule of
dates outlining work to be performed,which are already partially spelled out in the above project document. In
turn,the City may receive modified or relaxed permit effluent limits during the life of the agreement. The
Division proposes the City enter into an SOC until construction is complete and full NPDES permit compliance
is achieved.
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One
2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] NoTthCarohna
Internet: www.ncwaterquative Action
;irtf/r►allY
An Equal Opportunity i Affirmative Action Employer �t K �/

Radford Thomas
December 11,2012
Page 2 of 2
Detailed information on SOC's can be found on the web at the following address:
http://poital.nedenr.org/web/wq/sw / s�/npdes/comp-enf#SOC '
Failure to enter into an agreement along with continued permit noncompliance may result in escalating civil
penalties and possible additional actions being taken by the EPA.
Please respond to this letter in writing within fifteen (15) days of receipt.
Thank you for your consideration in this matter. It is hoped we can work quickly to establish an agreement that
meets the needs of all parties involved. If you have any questions,please contact me or Jeff Menzel at 828-296
4500.
Sincerely,
Chuck Cranford, Regional Office Supervisor
Surface Water Protection
cc: City of Lenoir Mayor, Joe Gibbons
Central Files
John Hennessey-PSB
RO file
�^J
S:\SWP\Caldwell\Wastewater\Municipal\Gunpowder Creek 23736\Gunpowder proposed SOC 2012.CC.docx

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 12,2012
Mr.J.B. Setzer,P.E.
Division 14 Engineer
N.C.Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection
NCSR 1783 Upward Road
DWQ Project 08-1327
TIP No. R-4430
Henderson County
Dear Mr. Setzer:
On December 6,2012,I inspected the construction work on Upward Road between US Highway 176 and
Howard Gap Road in Henderson County. Construction work is continuing all along Upward Road between
Howard Gap Road and US Highway 176 with the main focus on grading,culvert installation and bridge
construction.
Please ensure that all sediment and erosion control structures are being maintained as required and that seeding
and mulching are being performed as needed,to protect State surface waters.
Please refer to the attached copy of the inspection report for additional comments regarding the inspection.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc:Aaron Powell
Mark Davis,Division 14,DEO
Ben DeWit,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
Upward Road R-4430 Inspection Letter December 2012
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Internet:www.ncwaterquality.org NorthCar olina
An Equal Opportunity Affirmative Action Employer
,?11atu affil

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Wetland Inspection Report
Project Num: 20081327 Version: 1 Status: Issued
Project Name: NCDOT-SR 1783(R-4430) Project Type: Road/Highway Widening
County: Henderson Region: Asheville
Location: NCDOT-SR 1783(R-4430)
Latitude: +35'17-51" Longitude: 82°24'25"
SW Plan Location:
Site Owner Name: NC DOT PDEA
Inspection Date: 12/06/2012
Reason for Inspection: Routine
Inspection Type:Site Inspection(DOT)
Inspection Contact Person: Title: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
Reviewed project with NCDOT staff.
Repair silt fence at bridge construction site at Bat Fork Creek and remove any concrete debris
left from the bridge demolition operation.
Correct areas around drop inlets_
Seed and mulch all disturbed areas.
Continue to maintain sediment and erosion control devices.
Page: 1

Project Num: 20081327 Owner: NC DOT PDEA
Inspection Date: 12/06/2012 Inspection Type: Site Inspection(DOT) Reason for Visit: Routine
Permit 401 WQC Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ n n n
Are the culverts and/or filled areas installed properly? ■ n n n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ■ n n n
Comment:
Page: 2

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 12,2012
Mr.J.B. Setzer,P.E.
Division 14 Engineer
N.C.Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection
NCSR 1006 Howard Gap Road
DWQ Project 2011-1101
TIP No.R-5207B
Henderson County
Dear Mr. Setzer:
On December 6,2012,I inspected the construction work on Howard Gap Road in Henderson County.
Construction work has started with clearing, grubbing and installation of sediment and erosion control
measures. There was no work taking place at the time of inspection.
Please ensure that all sediment and erosion control structures are being maintained as required and that seeding
and mulching are being performed as needed,to protect State surface waters. Refer to the attached copy of the
inspection report for additional comments regarding the inspection.
If you have questions,please call me at 828-296-4500.
Sincerely,
-; /�0-P.4.�
Michael R.Parker
Environmental Senior Specialist
Attachment
cc:Aaron Powell
Mark Davis,Division 14,DEO
Ben DeWit,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
Howard Gap Road R-5207 Inspection Letter December 2012
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Internet:www.nnity\Affirmative
Action
NMthCarOhna
An Equal Opportunity 1 Affirmative Action Employer
Naturalltl

f^
`�i
�;;�
_,

Wetland Inspection Report
Project Num: 20111101 Version: 1 Status: Issued
Project Name: NCDOT-SR 1006(R-5207B) Project Type: Road/Highway Widening
County: Henderson Region: Asheville
Location: NCDOT-SR 1006(R-5207B)
Latitude: +35°23'44" Longitude: -82°29'16"
SW Plan location:
Site Owner Name: NC DOT Division 14-Sylva
Inspection Date: 12/06/2012
Reason for Inspection: Routine
Inspection Type:Site Inspection(DOT)
Inspection Contact Person: Title: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: N Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
Inspected project with NCDOT staff.
Clearing and grubbing have been performed over most of the projet.
Sediment and erosion control structures have been installed.
Continue to maintain sediment and erosion control devices as required.
Seed and mulch all bare areas as required.
No construction activity was taking place at the time of inspection.
Page: 1

Project Num: 20111101 Owner: NC DOT Division 14-Sylva
Inspection Date: 12/06/2012 Inspection Type: Site Inspection(DOT) Reason for Visit: Routine
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? 0
Are the culverts and/or filled areas installed properly? n ❑ n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? 0 0 0
Comment:
_J
Page: 2

AL
NCD
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 12, 2012
Cara Robinette
8400 SW 180th Street
Miami, Florida 33157
Subject: 401 Water Quality Certification -Approval
Robinette Shoreline Stabilization
DWQ Project#20121048
Caldwell County
CTB32/Catawba River(Lake Hickory)/ l l-(53)/Class WS-V; B; CA
Dear Ms. Robinette:
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 141 linear feet 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 3898. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including (but not limited to)Erosion and Sediment
Control and Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Waters L141 (linear feet) Plan Sketch
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] 1�TOne
Internet:www.ncwaterquality.org NorthCarolina
An Equal Opportunity 1 Affirmative Action Employer
ahhrli4

Cara Robinette
December 12,2012
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at
[phone].
Sincerely, f
for Charles Wakild, P.E.,Director
CWlkhb
Enc: GC3898
Certificate of Completion
cc: Caldwell County Planner ,
USACE Asheville Regulatory Field Office
WBSCP Unit—Central Office
File Copy
S:\S WP\Burke\401 s\Non-DOT\Robinette.LakeJames\Robinette.12-1048.Apv1.12-12-2012.doc

+L
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakiid, P.E. Dee Freeman
Governor Director Secretary
December 12,2012
Mr.Michael Pettyjohn,P.E.
Division 11 Engineer
N.C.Department of Transportation
Post Office Box 250
North Wilkesboro,North Carolina 28659
Subject: Inspection
US Highway 321A
TIP No.U-2211B
DWQ Project No.2011-0844
Caldwell County
Dear Mr. Pettyjohn:
On November 28, 2012,I inspected the new construction project on US Highway 321A to NCSR 1712
(Starcross Road),TIP No. U-2211B, in Caldwell County. Construction activities include heavy grading and
culvert and bridge construction.
Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are
performed as required to protect State surface waters. Also,please refer to the attached inspection report for
any specific items noted during the inspections.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: David Poindexter,PE
Heath Slaughter,Division 11,DEO
Neal Trivette,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
TIP No.U-22I I November 2012 Inspection Letter
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Internet:www.ncwatemualt *7o fthCarohnd
An Equal Opportunity 1 Affirmative ive Action Employer j�

Wetland Inspection Report
Project Num: 20110844 Version: 1 Status: Issued
Project Name: NCDOT-SR 1001 Connelly Springs Road (U-2211 B) Project Type: Road maintenance/repair/improvements
County: Caldwell Region: Winston-Salem
Location: NCDOT-SR 1001 Connelly Springs Road (U-2211 B)
Latitude: +35°53'26" Longitude: -81°31'11"
SW Plan Location:
Site Owner Name: NC DOT PDEA
Inspection Date: 11/28/2012
Reason for Inspection: Routine
Inspection Type:Site Inspection(DOT)
Inspection Contact Person: Title: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: E Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
0 Permit(401 WQC)
Inspection Summary:
Met with NCDOT inspector and reviewed project.
Heavy grading,culvert construction and bridge construction was underway.
Sediment and erosion control measures appeared to be operating properly.
Continue to maintain sediment and erosion control structures and seed and mulch bare areas as requied.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? 0 ❑ n Cl
Are the culverts and/or filled areas installed properly? E Q 0 n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ❑ n 0
Comment:
Page: 1

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklid, P.E. Dee Freeman
Governor Director Secretary
December 12,2012
Mr.Michael Pettyjohn,P.E.
Division 11 Engineer
N.C.Department of Transportation
Post Office Box 250
North Wilkesboro,North Carolina 28659
Subject: Inspection
NCSR 1764(New Farm Road)
TIP No.U-5204
Caldwell County
Dear Mr.Pettyjohn:
On November 28,2012,I inspected the new construction project on NCSR 1764(New Farm Road),TIP No.
U-5204,in Caldwell County. Construction activities include heavy grading and bridge construction activities.
Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are
performed as required to protect State surface waters. Also,please refer to the attached inspection report for
any specific items noted during the inspections.
If you have questions,please call me at 828-296-4500.
Sincerely,
E
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: David Poindexter,PE
Heath Slaughter,Division 11,DEO
Neal Trivette,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
TIP No.U-5204 November 2012 Inspection Letter
SURFACE WATER PROTECTION SECTION-Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
www.ncwaterpualii North+Carohna
An Equal Opportunity t Affirmativeve Action Employer 1V
Nflt Ir,71C1,1

Site Inspection Report
Site Number: WT000423
Site Name: NCSR 1764 U-5204
Site Address:
County: Caldwell Region: Asheville
Directions:
Latitude: Longitude:
Site Owner Name: NCDOT Division 11
Inspection Date: 11/28/12
Reason for Inspection: Routine
Inspection Type: Site Inspection(DOT)
Inspection Contact Person: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: N Compliant ❑ Not Compliant
Program Area: 401 (includes isolated/non-404)
�
Question Areas:
Permit(401 WQC)
Inspection Summary:
Inspected stream crossings and sediment and erosion control structures.
No sediment was observed downstream of the project.
Heavy grading and bridge construction was underway on the project.
Continue to maintain sediment and erosion control measures.
Seed and mulch bare areas as required.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n n n
Are the culverts and/or filled areas installed properly? ■ n Cl n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n ❑ n
Comment:
Page: 1

i.A...—C.i� �
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E.
Governor Dee Freeman
Director Secretary
December 12,2012
Earl and Jacqualyn Walker
2728 East Paradise Harbor Drive
Connelly Springs, North Carolina 28612
Subject: 401 Water Quality.Certification Approval
Walker Shoreline Stabilization—Lot 202
DWQ Project#20121080
Burke County
CTB30/Catawba River (Lake James)/ 11-(23)/Class WS-V; B
Dear Mr. and Mrs. Walker:
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 295 linear feet 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 3898. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including(but not limited to) Erosion and Sediment
Control and Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Waters 295 (linear feet) Plan Sketch
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]M FAX:[phone] 7tTOne 1 Internet:www.ncwaterquality.org NorthL/�y��rol/ina
An Equal Opportunity 1 Affirmative Action Employer 1 tlil

Earl and Jacqualyn Walker
December 12,2012
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at
[phone].
Sincerely,
t'
for Charles Wakild,P.E., Director
CWlkhb
Eric: GC3898
Certificate of Completion
cc: Peter Minter, Burke County
USACE Asheville Regulatory Field Office i
WBSCP Unit—Central Office
File Copy
S:\SWP\Burke\401 s\Non-DOT\Walker.LakeJames\Walker.12-1080.Apv1.12-12-2012.doc

NCQ���
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 14, 2012
Mr. James A. Lemming and Ms. Sandra E. Lemming
210 Park Laureate Drive
Houston, TX 77024
Subject: 401 Water Quality Certification -Approval
Lemming Lot 108 (Trillium)
DWQ Project# 12-0947
Jackson County
LTN02/Glenville Lake (Thorpe Lake)/2-79-23-(1)/WS-III, HQW, B
Dear Mr. Lemming and Ms. Lemming:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above. After a site visit conducted November 13,2012 and the
additional information submitted by Mr. Carruth, December 6, 2012, approval has been granted for your
projected.
You are authorized to place fill within or otherwise impact approximately 0.02 acres of open waters
[approximately 147 linear feet of shoreline, dry stack wall w/rip-rap] for the purpose of shoreline stabilization at
the subject property. This approval requires you to follow the conditions listed in the attached Certification
and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USAGE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including (but not limited to)Jackson County Erosion and
Sediment Control regulations and Duke Energy Lake Services guidelines.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]M FAX:[phone] 1�TQne
Internet:www.ncwaterquality.org NorthCarollna
An Fmml nnnnrtunity 1 AffrmativP Actinn Fmnlnvor - ��

Mr.Lemming and Ms.Lemming
December 14,2012
Page 2 of 2
Amount Approved(Units) Plan Location or Reference
Waters Appx. 0.02 (acres below Boulder wall and rip-rap,
full pool) as specified in application
[appx. 147 linear feet dry
stack w/rip rap]
*Refer to Duke Energy
guidelines for boulder
wall design
If working from the shoreline (rather than a barge), vegetation must be replaced in accordance with Nantahala
Area Vegetation Management Requirements [ref. to Exhibit 1, Part 5.b. of Duke Power Nantahala Area
Shoreline Management Guidelines].
Impervious surfaces (excluding access pathways) should be kept 30 feet back from surface waters [ref. 15A
NCAC 2B .0215].
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- J
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Susan A.Wilson in the Asheville Regional Office
at 828-296-4665.
Sincerely,
Charles)A akdld, P.E., Director
CW/saw
Enc: GC3898
Certificate of Completion
cc: Karen Higgins—WBSCP Unit
Steve Beasley, Jackson County Planning
Lisa Leatherman,Duke Energy Lake Services
Mark L. Carruth—P.O. Box 971, Woodstock, GA 30188
ARO File Copy
S:\SWP\Jackson\401s\Non-DOT\Lemming Tri11ium\APRVL.Lemming Lot 108.12 2012.doc

AL
WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 14, 2012
Mr. Glen W. Parker
388 Hidden Gap Lane
Pisgah Forest,NC 28768
Subject: 401 Water Quality Certification-Approval
Parker Property—Wolf Lake
DWQ Project# 12-0908
Jackson County
LTN02/Wolf Creek Lake/2-79-9-(1)/WS-III, B, Tr,HQW
Dear Mr. Parker:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above. After the site visit conducted November 13, 2012, and the
additional information you submitted December 4, 2012, approval has been granted for your project.
`-_'You are authorized to place fill within or otherwise impact approximately 0.01 acres of open waters
(approximately 130 linear feet) for the purpose of shoreline stabilization at the subject property. This approval
requires you to follow the conditions listed in the attached Certification and any additional conditions
listed below.
Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including (but not limited to)Erosion and Sediment
Control and Trout buffer regulations. Wolf Creek Lake has a Trout supplemental classification; please consult
with Jackson County Erosion Control regarding disturbance restrictions within the Trout buffer.
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]M FAX:[phone] �TOne
Internet:www.ncwaterquality.org Not thCarohna
An Eaual Onnortunity 1 Affirmativa Action Fmnlrrier Natural"`"/

Mr.Parker
December 12,2012
Page 2 of 2
Amount Approved(Units) Plan Location or Reference
Waters Appx. 0.01 (acres); Application/sketch
Appx. 130 linear feet;
Rip-rap/boulder wall
*Refer to Duke Energy
guidelines for dry stack
boulder wall design
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If working from the shoreline (rather than a barge),vegetation must be replaced in accordance with Nantahala
Area Vegetation Management Requirements [ref. to Exhibit 1, Part 5.b. of Duke Power Nantahala Area
Shoreline Management Guidelines].
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 Wilson in the Asheville Regional Office at
[phone].
Sincerely, ,!
Charles V akild, P.E., Director
CWlsaw
Eric: GC3898
Certificate of Completion
cc: WBSCPU—Karen Higgins
Steve Beasley, Jackson County Planning
Lisa Leatherman, Duke Energy—Lake Services
ARO File Copy
S:\SWP\Jackson\401Mon-DOT\Parker Wolf Lake\APRVL.Parker.12 2012.doc

NCQENR
North Carolina Department of Environment and. Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P,E. Dee Freeman
Governor Director Secretary
December 14, 2012
Mr. Robert Fairbrother
c/o Mr. Seth Fairbrother
P.O. Box 388
Cashiers,NC 28717
Subject: Request for More Information
401 Water Quality Certification
Guise Lane Lot 40—Shoreline Stabilization
DWQ Project# 12-1021
Jackson County
Response deadline: January 14, 2013
Dear Mr. Fairbrother:
-'The Division of Water Quality(DWQ)has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced property. Additional information will be required in order to
complete the review process.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. The DWQ, along with Duke Energy Lake Services,require that you evaluate the feasibility of a)
bioengineered techniques (i.e., native plantings to alleviate soil erosion in lieu of or in
combination with hard structures),b)rip-rap only, and c)the combination of dry stack wall and
rip-rap.
As discussed with Mr. Seth Fairbrother at the time of inspection(December 11, 2012)—it
appears that a combination of rip-rap (only) stabilization and boulder wall (w/rip-rap)may be the
most feasible option along the portion of shoreline requested. Please provide an updated sketch
diagram with estimated dimensions in response to this request.
If work is not conducted from a barge,Duke Energy Lake Services will require replacement in accordance with
Exhibit 1; Part 5.b. of Duke Power Nantahala Area Shoreline Management Guidelines.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Bile
Phone:[phone] FAX:[phone] IOr�hCa10111a
Internet:www.nrwaterquality.org i/ ,ry
An Equal Opportunity,Affirmative Action Employer ah rallaff

Mr.Fairbrother
December 14,2012
Page 2 of 2
Permanent impervious surfaces (excluding access pathways)must be kept 30 feet back from surface waters [ref.
15A NCAC 2B .0215].
Please provide your response in writing to the addresses below prior to January 14, 2013. Four copies of the
required information should be provided to:
Ms. Karen Higgins
WBSCP Unit
1650 Mail Service Center
Raleigh,NC 27699-1650
and a single copy to the Asheville Regional Office at:
Susan A. Wilson
Surface Water Protection Section
2090 US HWY 70
Swannanoa,NC 28778
If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and
we will consider the project withdrawn.
This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application are not
authorized(at this time)by the DWQ. Please call Susan A. Wilson at 828-296-4665 or
susan.a.wilson cincdenr. ov , if you have any questions.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Karen Higgins—WBSCP Unit
Lisa Leatherman, Duke Energy Lake Services
Steve Beasley—Jackson County Planning
ARO File copy
S:\SWP\.lackson\401s\Non-DOT\Fairbrother-bank stabilization Glenville\2012 Project Frbrthr\Addlnfo.Fairbrother Prop.12 2012.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P. E.
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
December 14, 2012
Vance Houston
548 Powder Mill
Newland,NC 28657
Subject: Notice of Violation and Recommendation for Enforcement
Project: R. Vance Houston Site
NOV-2011-PC-0004
Incident Closure
Mitchell County
Dear Mr. Houston:
The Division of Water Quality(DWQ) conducted a site evaluation on December 10, 2012,related
to the Notice of Violation and Recommendation for Enforcement NOV-2011-PC-0004.
DWQ has evaluated the sediment clean up and bank stabilization work to the tributary to Jakes
Creek. The sediment removal work performed has satisfactorily resolved the violations noted in the
subject Notice of Violation and Recommendation for Enforcement.
I appreciate your attention in this matter. Should you have any questions regarding these matters,
please contact Tim Fox at(828)296-4664 or [e-mail].
Sincere y,
Tim Fox
Environmental Specialist
Surface Water Protection Section
cc: Karen Higgins—WBSCP Unit
Tom Freeman—Freeman Environmental Consulting, LLC
ARO File Copy
CLO.Vance Houston Site.12-10-1S:\SWP\Mitchell\Complaints\HoustonTrucking\CLO.Vance Houston Site.12-10-14.doc2.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOfthCarohna
Phone:[phone] FAX:[phone] Internet: www.ncwaterquality.org Nahmally
An Equal Opportunity!Affirmative Action Employer

"^�,
/�
�.^;z"n

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 18, 2012
Asheville Phoenix Properties, Property Manager
Brookside Village Condo Association
P.O Box 5423
Asheville, North Carolina 28813
Subject: NOTICE OF VIOLATION
NOV-2012-MV-0123
Permit No. NCO083313
Brookside Village WWTP
Henderson County
Dear Sir/Madam:
A review of Brookside Village WWTP's monitoring report for August 2012 showed the following
violation:
Parameter Date Measuring Violation
Frequency
Chlorine, Total Residual Week ending Twice Weekly Failure to Monitor
08/04/2012
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell or me at 828/296-4500.
Sincerely, 07
F=
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
M. DWQ Asheville Files
DWQ Central Files
James & James Environmental/ORC
One
S:1SWP\Henderson\'nastewatertMinors\Brookside Village 83313NOV-2012-MV-0123.doc No Carolina
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North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.ncwaterguality.orn FAX [phone]

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
- Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 18, 2012
Mr. Robert Gilbert
Polk County Board of Education
P.O. Box 638
Columbus, North Carolina 28722-0638
Subject: NOTICE OF VIOLATION
NOV-2012-LV-0618
Permit No. NCO033553
Polk Central School WWTP
Polk County
Dear Mr.Gilbert:
A review of Polk Central School's WWTP monitoring report for August 2012 showed the following
violation:
Parameter Date Limit Value Reported Value Limit Type
BOD, 5-Day (20 Deg. C) - 08/28/2012 45 mg/I 48 mg/I Daily Maximum
Concentration Exceeded
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell or me at 828/296-4500.
Sincerely,
A
t
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Deborah Bradley/ORC
S:1,SWP1Polk\Wastewater'1Minors\Polk Central School 335531NOV-2012-MV-0618.doc NorthCarolina
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North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.newaterguality.org FAX [phone]

— -
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 18, 2012
Mr. Bob Schwebke
RCS Properties
4501 Tynecastle Highway
Banner Elk, North Carolina 28604
Subject: NOTICE OF VIOLATION
NOV-2012-MV-0126
Permit No. NCO062961
Tynecastle WWTP
Avery County
Dear Mr. Schwebke:
A review of Tynecastle WWTP's monitoring report for August 2012 showed the following violations:
Parameter Date Measuring Violation
Frequency
DO, Oxygen, Dissolved Week ending Weekly Failure to Monitor
08/04/2012
pH Week ending Weekly Failure to Monitor
08/04/2012
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameters were left off inadvertently, please send an amended DMR within 10 business days of
receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to
this office.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell or me at 828/296-4600.
Sincerely,
"1/177
Chuck Cranff'ord, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
WQ Lab & Operations/ORC
One
S:\SV1IPVAvery\WastewaterlN:-iinorslTynecastle 629611NOV-2012-MV-0126.doc N0 Carolina
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North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.ncwaterguality.org FAX [phone]

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 18, 2012
Mr. Steve Sheets, CEO
Linville Ridge Country Club
P.O. Box 704
Linville, North Carolina 28646
Subject: NOTICE OF VIOLATION
NOV-2012-LV-0620
Permit No. NCO062413
Linville Ridge Country Club WWTP
Avery County
Dear Mr. Sheets:
A review of Linville Ridge Country Club WWTP's monitoring report for September 2012 showed
the following violation:
Parameter Date Limit Value Reported Value Limit Type
Solids, Total Suspended - 09/04/2012 45 mg/1 53.2 mg/I Daily Maximum
Concentration Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted.
The Division of Water Quality may pursue enforcement action for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at
828/296-4500.
Sincerely, t
�.
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James &James Environmental/ORC
One
S:',SV4'P\Avery\Wastewater,Mino,s';Linville Ridge County Club 62413;N0V-2012-LV-0620.doc NofthCarolina
Natkralll,/
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.ncwaterguality.org FAX [phone]

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1' CDENR
North Carolina Department of Environment and Natural Resources.
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 18, 2012
Mr. Mike Molling
USDI National Park Service
199 Hemphill Knob Road
Asheville, North Carolina 28803
Subject: NOTICE OF VIOLATION
NOV-2012-LV-0623
Permit No. NCO072729
Mount Pisgah Lodge & Recreation Area WWTP
Haywood County
Dear Mr. Molling:
A review of Mount Pisgah Lodge & Recreation Area WWTP's monitoring report for August 2012
showed the following violation:
Parameter Date Limit Value Reported Value Limit Type
Solids, Total Suspended 08/28/2012 45 mg/l 49 mg/I Daily Maximum
Concentration Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell or me at 828/296-4500.
Sincerely, _
fF
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
S:\SWP\Haywood\Wastewater\MinorsWt.Pisgah Lodge&Rec Area 72729\NOV-2012-LV-0623.doc Noi[hCarolina
cNlltuid I,'
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.ncwateraualitv.orn FAX [phone]

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 18, 2012
Dr. Andy Price, LFMC POA President
Linville Falls Club Property Association Inc.
326 Blue Ridge Drive North
Marion, North Carolina 28647
Subject: NOTICE OF VIOLATION
NOV-2012-LV-0624
Permit No. NCO080098
Linville Falls Mountain Club and Preserve
WWTP
McDowell County
Dear Dr. Price:
A review of Linville Falls Mountain Club and Preserve's monitoring report for August 2012 showed
the following violation:
Parameter Date Limit Value Reported Value Limit Type
pH 08/07/2012 9 su 17 su Daily Maximum
Exceeded
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant" with an explanation for the non-compliance. Since the
above parameter was incorrectly marked, please send an amended DMR within 10 business days of
receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to
this office.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell or me at 828/296-4500.
Sincerely, ,
Chuck Cranford,Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ORC
S:,SWP1McDowell\Wastewater\MinorslBlue Ridge Country Club 800981,NOV-2012-LV-0624.doc NoAhCarolina
AvOl ly
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.ncwaterguality.org FAX [phone]

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 18, 2012
Mr. Bobby and Ms. Anne Setzer
P.O. Box 1257
Cullowhee,NC 28723
Subject: 401 Water Quality Certification-Approval
Setzer Lot—Bear Lake Shoreline Stabilization
DWQ Project# 12-1022
Jackson County
LTN02 /Bear Creek Lake/2-79-(5.5)/WS-III, B, Trout
Dear Mr. Setzer and Ms. Setzer:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact approximately 0.005 acres open waters, 47
linear feet of total stabilization of open waters [approximately 25 linear feet of shoreline dry stack wall w/rip-
W rap; approximately 22 linear feet shoreline, rip-rap only] for the purpose of shoreline stabilization at the
subject property. This approval requires you to follow the conditions listed in the attached Certification
and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including(but not limited to)Jackson County Erosion and
Sediment Control regulations and Duke Energy Lake Services guidelines.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]M FAX:[phone] One
Internet:wm.ncwaterquality.org NofthCarohna
An Equal Opportunity 1 Affirmative Action Emnlnver ;Vaturdi&

Mr.Setzer and Ms.Setzer
December 18,2012
Page 2 of 2
Amount Approved(Units) Plan Location or Reference
Waters Appx. 0.005 acres As specified in application -
[appx. 25 linear feet dry and e-mail submitted
stack w/rip rap; appx. 22 12/15/2012
linear feet rip-rap]
*Refer to Duke Energy
guidelines for boulder
wall design
If working from the shoreline (rather than a barge),vegetation must be replaced in accordance with Nantahala
Area Vegetation Management Requirements [ref. to Exhibit 1, Part 5.b. of Duke Power Nantahala Area
Shoreline Management Guidelines].
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Susan A.Wilson in the Asheville Regional Office
at 828-296-4665.
Sincerely,
Charles Wakild, P.E., Director
CW/saw
Enc: GC3898
Certificate of Completion
cc: Karen Higgins—WBSCP Unit
Steve Beasley, Jackson County Planning
Lisa Leatherman, Duke Energy Lake Services
File Copy
S:\SWP\Jackson\401s\Non-DOT\Setzer Bear Lake 2012\APRVL.Setzer.12 2012.doc

4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 18,2012
Transylvania County
DWQ Project 20120911V.2
NCSR 1344(Cashiers Valley Road)
Approval of 401 Water Quality Certification with Additional Conditions-Modification
Mr. J.B. Setzer,P.E.
Division 14 Engineer
North Carolina Department of Transportation
253 Webster Road
Sylva,North Carolina,28779
Dear Mr. Setzer:
You have our approval, in accordance with the conditions listed below, for the following impacts in Brackens Creek,an
unnamed tributary of Brackens Creek,Graham Creek, six(6)unnamed tributaries of Graham Creek and Nicholson Creek,
for the purpose of widening and making improvements to NCSR 1344(Cashiers Valley Road), in Transylvania County:
Stream Impacts in the French Broad River Basin
Site Permanent Fill Temporary Permanent Temporary Total Stream
in Intermittent Impacts in Fill in Impacts in Stream Impacts
Stream Intermittent Perennial Perennial Impact Requiring
(linear ft) Stream Stream Stream (linear ft) Mitigation
linear ft linear ft linear ft linear ft
Site 1 0 0 0 70 70 0
Site 2 0 0 0 70 70 0
Site 3 0 0 10 105 115 0
Site 4 0 0 30 85 115 0
Site 5 0 0 0 80 80 0
Site 6 0 0 10 85 95 0
Site 7 0 0 20 85 105 0
Site 8 0 0 10 65 75 0
Site 9 0 0 10 80 90 0
Site 10 0 0 10 80 90 0
Total 0 0 100 805 905 0
Total Permanent Stream Impacts for Project: 1001in.ft.Total Temporary Stream Impacts for Project: 805 linear ft.
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE one
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna
Phone:[phone]\gAX�828-299-7043 Naturallff
Internet: www,ncwater uali org
An Equal Opportunity t Affirmative Action Employer

Mr. J.B. Setzer,P.E.
December 18, 2012
Page Two
The project should be constructed in accordance with your application dated December 4, 2012 (received December 14,
2012), including the environmental commitments made in the application letter. After reviewing your application, we
have decided that these impacts are covered by General Water Quality Certification No. 3820, corresponding to the U.S.
Army Corps of Engineers Nationwide Permit Number 14. In addition,you should acquire any other federal, state or local
permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge
and Water Supply Watershed regulations.
This approval is valid solely for the purpose and design described in your application (unless modified below). Should
your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must
be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If
total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the
future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h)(6) and
(7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below.
Condition(s)of Certification:
1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit
without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located
in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction
activities.
2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. 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. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and
streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter
greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48
inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other
structures including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested
in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features

Mr. J.B. Setzer, P.E.
December 18,2012
Page Three
encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine
whether or not permit modification will be required.
5. This project has the potential to impact trout waters or other aquatic species of concern. No construction activities
shall begin until the NCWRC makes a determination regarding moratoria. Should the NCWRC determine that a
moratorium is applicable,then the requirements of any moratorium shall be a condition of this 401 Certification. If
NCDOT does not wish to honor the moratorium,then a written modification shall be requested.
6. For projects impacting waters classified by the NC Environmental Management Commission as Trout Jr),High
Quality Waters(HQW),or Water Supply I or II(WSI, WSII)stormwater shall be directed to vegetated buffer areas,
grass-lined ditches or other means appropriate to the site for the purpose of pre-treating storm water runoff prior to
discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged.
7. The permittee shall use/Design Standards in Sensitive Watersheds/[15A NCAC 413.0124(a)-(e)] in areas draining to
(WS-11, HQW and Trout)waters. However,due to the size of the project,NC DOT shall not be required to meet 15A
NCAC 4B .0124(a)regarding the maximum amount of uncovered acres. Temporary cover(wheat,millet,or similar
annual grain) or permanent herbaceous cover shall be planted on all bare soil within 15 business days of ground
disturbing activities to provide erosion control.
Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas. For
the establishment of permanent herbaceous cover, erosion control matting shall be used in conjunction with an
appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the
following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control
devices such as silt fence,temporary sediment ditches,basins, etc. Matting should be secured in place with staples,
stakes, or wherever possible, live stakes of native trees. Erosion control matting placed in riparian areas shall not
contain a nylon mesh grid,which can impinge and entrap small animals. For the establishment of temporary
groundcover within riparian areas,hydroseeding along with wood or cellulose based hydro mulch applied from a
fertilizer-and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control
measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface
8. If multiple pipes or barrels are required,they shall be designed to mimic natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream
channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water
velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage.
9. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BUT measures from the
most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion structures shall be used to prevent excavation in flowing water.
10. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent
practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for
,maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be
temporary and be revegetated with native riparian species.
11. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
12. Native riparian vegetation (e.g. rhododendron,dog hobble, willows, alders, sycamores, dogwoods, black walnut and
red maple) must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
13. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
14. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic
life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
15. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
16. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels,lubricants,hydraulic fluids, or other toxic materials.

Mr.J.B. Setzer,P.E.
December 18,2012
Page Four
17. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
19. If concrete is used during construction, a dry work area shall be maintained to.prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life and fish kills.
20. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
21. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on-site project manager.
22. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
23. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
24. The outside buffer,wetland or water boundary located within the construction corridor approved by this authorization
shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the
fencing are prohibited unless otherwise authorized by this certification.
25.. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other
appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not bein!
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.
26. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules,
regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
27. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
28. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all
work included in the §401 Certification has been completed.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404
or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60)
days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter
150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service
Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an
adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the
Certification. Unless such demands are made,this Certification shall be final and binding.

Mr. J. B. Setzer,P.E.
December 18, 2012
Page Five
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
Charles Wakild,P.E., irector
Division of Water Quality
Attachments
cc: Lori Beckwith, USACE,Asheville Field Office
Mark Davis,Division 14,DEO
Ben DeWit,Roadside Environmental
Marla Chambers,NCWRC
Transportation Permitting Unit
Asheville Regional Office
i
i
12-0911V.2(Setter)NCSR 1344 Cashiers Valley Road

NCQENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild Dee Freeman
Governor Director Secretary
December 19,2012
Mr.J.B. Setzer,P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection-NC Highway 28
DWQ Project 09-0451
TIP No.R-2408B
Macon County
Dear Mr. Setzer:
On December 13,2012,I inspected the construction work on NC Highway 28 in Macon County. Construction
continues along the southern half of the project with grading,culvert and pipe installation and paving.
Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are
performed as needed to protect downstream waters. A copy of the inspection report is attached to this letter.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R.Parker
Environmental Senior Specialist
Attachment
cc. W.Trent Anderson
Mark Davis,Division 14,DEO
Ben DeWit,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
(Setzer)NC Highway 28 Inspection Letter December 2012
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Internet:wwwmwaterouality.ora N01 �1CaT011lla
An Equal Opportunity k Affirmative Action Employer

Wetland Inspection Report
Project Num: 20090451 Version: 1 Status: Issued
Project Name: NCDOT-NC 28 on SR 1323 (R-2408) Project Type: Road/Highway Widening
County: Macon Region: Central
Location: NCDOT-NC 28 on SR 1323 (R-2408)
Latitude: +35'13'26" Longitude: -83'23'54"
SW Plan Location:
Site Owner Name: NC DOT PDEA
Inspection Date: 12/13/2012
Reason for Inspection: Routine
Inspection Type:Site Inspection(DOT)
Inspection Contact Person: Title: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: Compliant 0 Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
Contractor is working on the southern end of the project.
Recent paving had been completed and work was underway on grading embankments and shoulders.
Work is needed on the completed ditch across from the stream restoration site. Check dams need to be cleaned.
Sediment and erosion control structures appear to be working properly.
Continue to maintain sediment and erosion control measures and seed and mulch as required.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit?
■ nnn
Are the culverts and/or filled areas installed properly? ■ n 0 n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ■ 0 0
Comment:
Page: 1

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 19,2012
Mr.J.J. Swain,Jr.,P.E.
Division 13 Engineer
N.C.Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Stonnwater Inspection
TIP No.B-5113C
Bridge No. 140
NC Highway 197
Mitchell County
Dear Mr. Swain:
On December 12,2012,I inspected the construction work on TIP Project No.B-5113C,Bridge No. 140, over
Big Rock Creek,on NC Highway 197, in Mitchell County. The inspection included a review of the
construction and compliance with the 401 Water Quality Certification.
-- Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are
performed as required to protect State surface waters. Also,please refer to the attached inspection report for
any specific items noted during the inspection.
If you have questions,please call me at 828-296-4500.
Sincerely, �-
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: Cole Hood,PE
Roger Bryan,Division 13,DEO
Ben DeWit, Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
B-5113C Bridge No.140 December 2012 Inspection Letter
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] Y FAX:[phone]
One Internet:www.ncwaterquality.orq NorthCaxQhna
An Equal Opportunity\Affirmative Action Employer ;Wm ally

Site Inspection Report
Site Number: WT000492
Site Name: B-5113C Bridge No. 140
Site Address:
County: Mitchell Region: Asheville
Directions:
Latitude: Longitude:
Site Owner Name: NCDOT Division 13
Inspection Date: 12/12/12
Reason for Inspection: Routine
Inspection Type: Site Inspection(DOT)
Inspection Contact Person: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: 0 Compliant n Not Compliant �\I
Program Area: Construction SW(NCG010000)
Question Areas:
NCG010000 Permit
Inspection Summary:
Contractor was working on micropiles for end bents.
Records and reports appeared to be neat,orderly and in compliance with the Stormwater Permit.
Sediment and erosion control measures appeared to be working properly.
Continue to maintain sediment and erosion control devices.
Seed and mulch bare areas as required.
Page: 1

NCDENR
Noah Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 19,2012
Mr. J.J. Swain,Jr.,P.E.
Division 13 Engineer
N.C. Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspection
TIP No.B-5113C
Bridge No. 146
NCSR 2173
Buncombe County
Dear Mr. Swain:
On December 12,2012,I inspected the construction work on TIP Project No. B-5113C,Bridge No. 146, over
Stony Fork Creek, on NCSR 2173, in Buncombe County. The inspection included a review of the construction
and compliance with the 401 Water Quality Certification.
Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are
performed as required to protect State surface waters. Also,please refer to the attached inspection report for
any specific items noted during the inspection.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: Cole Hood,PE
Roger Bryan,Division 13,DEO
Ben DeWit,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
B-5113C Bridge No.146 November 2012 Inspection Letter
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Internet:www.ncwateroualitY.orq No thCarOhna.
An Equal Opportunity t Affirmative Action Employer ;Vat rill y

Site Inspection Report
Site Number: WT000635
Site Name: BD-5113C Bridge No. 146
Site Address: PO Box 3279
County: Buncombe Region: Asheville
Directions:
Latitude: Longitude:
Site Owner Name: NCDOT Division 13
Inspection Date: 12/12/12
Reason for Inspection: Routine
Inspection Type: Site Inspection(DOT)
Inspection Contact Person: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: E Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
Half of the new bridge has been completed and contractor was working on approaches.
Care should be taken when removing the old bridge.
Sediment and erosion control measures appeared to be working properly.
Continue to maintain sediment and erosion control measures.
Seed and mulch bare areas as required.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? Q Q n
Are the culverts and/or filled areas installed properly? ❑ 0 0
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n
0 Cl
Comment:
Page: 1

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 19,2012
Mr. J. J. Swain,Jr.,P.E.
Division 13 Engineer
N.C.Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspection-US Highway 221
DWQ Project 08-1809
Individual Certification No. 3784
TIP Nos.R-2233AA and AB Sections
Rutherford County
Dear Mr. Swain:
On December 10,2012,I inspected the construction work on the US Highway 221 Project,R-2233AA and AB
Sections, in Rutherford County. Construction continues along most of the project with heavy grading,bridge
construction, culvert construction„pipe installation,roadbed preparation and paving.
Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are
performed as required to protect State surface waters. Also,please refer to the attached inspection reports for
any specific items noted during the inspection.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Brian C. Skeens,PE
Roger Bryan,Division 13,DEO
Ben DeWit,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
US Highway 221December 2012 Inspection Letter
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone]
Internet:www.nmaterguality.org One
NofihCaroyliyna
An Equal Opportunity\Affirmative Action Employer ;Val riall y

Wetland Inspection Report
Project Num: 20081809 Version: 1 Status: issued
Project Name: NCDOT-US 221 (R-2233a) Project Type: Road/Highway Widening
County: Rutherford Region: Central
Location: NCDOT-US 221 (R-2233a)
Latitude: +35'12-21" Longitude: -81°50'18"
SW Plan Location:
Site Owner Name: NC DOT PDEA
Inspection Date: 12/10/2012
Reason for Inspection: Routine
Inspection Type:Site Inspection(DOT)
Inspection Contact Person: Title: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: N Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
0 Permit(401 WQC)
Inspection Summary:
Inspected both AA and AB Sections from NC-SC State Line to end of project.
Provide sediment controls for drainage pipes on northern side of Floyds Creek Bridge.
Ensure that proper controls are in place to protect Floyds Creek during bridge removal and new bridge construction.
Continue to maintain sediment and erosion control structures.
Seed and mulch all bare areas as required.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? 0
Are the culverts and/or filled areas installed properly? n ❑ n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ❑ ❑ 0
Comment:
Page 1

A14
WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklid, P.E. Dee Freeman
Governor Director Secretary
December 19,2012
Mr. J. J. Swain,Jr.,P.E.
Division 13 Engineer
N.C.Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspection-US Highway 19
DWQ Project 07-1134
Individual Certification No. 3706
TIP Nos. R-2519A
Yancey County
Dear Mr. Swain:
On December 12,2012,I inspected the construction project on the US Highway 19 Project in Yancey County.
Construction continues along most of the project with heavy grading,utility construction and culvert
installation.
i
<_ It's important that all sediment and erosion control structures are maintained and seeding and mulching are
performed as required to protect State surface waters. Also,please refer to the attached inspection report for
any specific items noted during the inspections.
If you have questions,please call me at 828-296-4500.
Sincerely,
X-fgf_e�
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: Randy McKinney, PE
Roger Bryan,Division 13,DEO
Ben DeWit,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
US 19 R-2519A December 2012 Inspection Letter
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] �11�
Internet:www.ncwater Affirmative
Action
NO1thiCarohna
An Equal Opportunity 1 Affirmative Action Employer 1V
��rrfilrr//err

Wetland Inspection Report
Project Num: 20071134 Version: 6 Status: Issued
Project Name: NCDOT-US 19/US 19E R-2518 A, R-2518 B& Project Type: Road/Highway Widening
R-2519A
County: Madison Region: Asheville
Location: NCDOT-US 19/US 19E R-2518 A, R-2518 B&R-2519A
Latitude: Longitude:
SW Plan Location:
Site Owner Name: NC DOT PDEA
Inspection Date: 1 2/1 212 0 1 2
Reason for Inspection: Routine
Inspection Type:Site Inspection(DOT)
Inspection Contact Person: Title: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: 0 Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
E Permit(401 WQC)
Inspection Summary:
Inspected R-2519A from Jacks Creek Road to the end of project.
Heavy constructton continues throughout most of the project with pipe and culvert construction.
Remove sediment from energy dissipator basin at Station 257+40.
Continue to maintain sediment and erosion control measures.
Seed and mulch areas as required.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? 0 n Q n
Are the culverts and/or filled areas installed properly? 0 n
11
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n ❑ n
Comment:
Page: 1

NCDGNR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 19, 2012
Mr.J.B. Setzer,P.E.
Division 14 Engineer
N.C.Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection
NCSR 1660(Siler Road)
TIP No.R-4748
Macon County
Dear Mr. Setzer:
On December 13,2012,I inspected the construction work for the Siler Road project(NCSR 1660)in Macon
County. Most of the project has been completed except for minor finish work.
Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are
performed as needed to protect State surface waters. A copy of the inspection report is attached to this letter.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: Mitchell Bishop,PE
Mark Davis,Division 14,DEO
Ben DeWit,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
(Setzer)NCSR 1660(Siler Road)Inspection Letter December 2012
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone]
One
Internet:wwwmwatermuality.org NoffhCar©hna
An Equal Opportunity 1 Affirmative Action Employer NdA0411911Y

Site Inspection Report
Site Number: WT000186
Site Name: R-4748 Siler Road NCSR 1660
Site Address:
County: Macon Region: Asheville
Directions:
Latitude: +35°27'49" Longitude: -82°53'59"
Site Owner Name: NCDOT-Division 14
Inspection Date: 12/13/12
Reason for Inspection: Routine
Inspection Type: Site Inspection(DOT)
Inspection Contact Person: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: Compliant n Not Compliant (� �
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
Most of the project has been completed. Minor finish work such as stabilizing the waste area and cleanup is all that is lacking.
Sediment and erosion control measures appeared to be working properly.
Continue to maintain sedeiment and erosion control measures until area is stabilized.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? 0 n ❑ n
Are the culverts and/or filled areas installed properly? ❑ n C1
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? 0 0 n
Comment:
Page: 1

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 19,2012
Mr.J. B. Setzer,P.E.
Division 14 Engineer
N.C.Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection R-3622-AB
NC Highway 294
DWQ Project 08-0762V.2
Cherokee County
Dear Mr. Setzer:
On December 13, 2012, I inspected the construction work on NC Highway 294 in Cherokee County.
Construction work appears to have been completed on the project.
Please ensure that all sediment and erosion control structures are maintained until the project is stabilized.
Please refer to the attached inspection report for items noted during the inspection that need attention.
If you have questions,please call me at 828-296-4500.
Sincerely,
s
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: Trent Anderson,P.E.
Mark Davis,Division 14,DEO
Ben DeWit,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
(Setzer)R-3622-AB NC Highway 294 Inspection Letter December 2012
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Internet:www.ncwaterguality.org NOrthCar011na
An Equal Opportunity k Affirmative Action Employer

Wetland Inspection Report
Project Num: 20080762 Version: 2 Status: Issued
Project Name: NCDOT-Bridge No.50 on NC 294(R-3622AA) Project Type: Road maintenance/repair/improvements
County: Cherokee Region: Asheville
Location: NCDOT-Bridge No.50 on NC 294(R-3622AA)
Latitude: Longitude:
SW Plan Location:
Site Owner Name: NC DOT Division 14-Sylva
Inspection Date: 12/13/2012
Reason for Inspection: Routine
Inspection Type:Site Inspection(DOT)
Inspection Contact Person: Title: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
i
Facility compliance Status: Compliant Q Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
Work has apparently been completed on project.
Inspected entire project including waste areas. The following items were noted:
1.At the northern end of the project sediment had ponded around the drop inlet on the right at the private drive. Clean up and
seeding needs to be performed.
2.Going north on NC 294 just past the waste area at the old road bed the left embankment is sloughing and should be repaird.
3.At the beginning of the project on right side of NC 294 the embankment is sloughinga below the doublewide trailer.
4. Repair matting along both sides of the roadway from one end to the other. It has been blown by wind or traffic has moved the
matting.
Continue to maintain sediment and erosion control measures until area is stabilized.
Page: 1

Project Num: 20080762 Owner: NC DOT Division 14-Sylva
Inspection Date: 12/13/2012 Inspection Type: Site Inspection(DOT) Reason for Visit: Routine
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n n n
Are the culverts and/or filled areas installed properly? n n n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n n n
Comment:
Page:2

r&ENR
*K4 iPA
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman
Governor Director Secretary
December 19, 2012
Scott Austin, Manager
P.O. BOX 975
Greensboro, NC, 27455
Subject: Permit No. WQ0036289
808 West LLC
808 West
Wastewater Collection System Extension
Jackson County
Dear Mr. Austin:
In accordance with your application received December 6,2012, we are forwarding herewith
Permit No.WQ0036289, dated December 19, 2012, to 808 West LLC for the construction and operation
of the subject wastewater collection system extension. This permit shall be effective from the date of
issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. This
cover letter shall be considered a part of this permit and is therefore incorporated therein by reference.
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 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.
NarthCarolina
Natutrallm
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,,,NC.�28778
Phone:[phone] FAX:[phone]
Internet:www.ncwaterguality.org

808 West LLC December 19, 2012 Page 2
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to the PERMITTEE for the construction and operation of approximately 642 linear feet of 8-inch
gravity sewer and 80 linear feet of 6-inch gravity sewer to serve an 80 unit apartment development as
part of the 808 West project, and the discharge of 20,965 gallons per day of collected
domestic/commercial wastewater into the Tuckaseigee Water and Sewer Authority's existing sewerage
system, pursuant to the application received December 6, 2012 and in conformity with 15A NCAC 2T;
the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains
adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the
Department of Environment and Natural Resources and considered a part of this permit;
The sewage and wastewater collected by this system shall be treated in the Tuckaseigee Water
and Sewer Authority Wastewater Treatment Facility, Plant Number 1 (Permit No. NC0039578) prior to
being discharged into the receiving stream.
This permit shall become voidable unless the agreement between 808 West LLC and TWASA
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 Jeff Menzel at (828)
296-4500.
Sincerely,
for Ch?rl s Wakild, P.E., Director
Division of Water Quality
cc: Jackson County Health Department
Asheville Regional Office, Surface Water Protection (WWfF Permit No. NC0039578)
Barret A. Hagen, Hagen Engineering, PA
TWASA Plant#1 NC0039578
Water Quality Central Files
PERCS Files (efile)
S:ISWPWacksonlCollection SystemslTWASA#1 Collection System1WQ0036289.docx

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2T .0300; 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 .0300. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T
.0300:
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 W00036289 808 West LLC 808 West Sewer Extension Jackson County December 19, 2012
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 .0300; 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 .0300; 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:
f-�
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

PERMIT NO WQ0036289 808 West LLC 808 West Sewer Extension Jackson County December 11 2012
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
12. If, at any time, the additional wastewater flow volume made tributary to this sewer extension is
believed to exceed the value permitted herein, a modification shall be requested for this permit
from the Division of Water Quality to properly allocate the subject wastewater flow.
Permit issued this the 19th day of December, 2012
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Charles Mkild, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0036289
3

� 1

PERMIT NO WQ0036289 808 West LLC 808 West Sewer Extension Jackson County December 19 2012
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description: permission is hereby granted to the PERMITTEE for the construction and
operation of approximately 642 linear feet of 8-inch gravity sewer and 80 linear feet of 6-inch gravity
sewer to serve an 80 unit apartment development as part of the 808 West project, and the discharge of
20,965 gallons per day of collected domestic/commercial wastewater into the Tuckaseigee Water and
Sewer Authority'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
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 .0300; 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
CHUCK CRANFORD
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.

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4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 19, 2012
Joseph Moore, PE
City of Brevard
95 West Main Street
Brevard, NC 28712
Subject: Permit No. WQ0036288
City of Brevard
Morningside Drive Sewer Replacement
Wastewater Collection System Rehabilitation
Transylvania County
Dear Mr. Moore:
In accordance with your application received December 6, 2012, we are forwarding herewith
Permit No.WQ0036288, dated December 19, 2012, to the City of Brevard for the construction and
operation of the subject wastewater collection system extension. This permit shall be effective from the
date of issuance until rescinded and shall be subject to the conditions and limitations as specified
therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein
by reference.
Please 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 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.
No�rthCarolina
Natutralltf
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone] FAX:[phone]'
Internet:www.ncwateraualitv.or2

City of Brevard December 19, 2012 Page 2
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to the City of Brevard for the rehabilitation and operation of approximately 587 linear feet of 18-
inch gravity sewer as part of the Morningside Drive Sewer Replacement project, and the discharge of 0
gallons per day of collected domestic wastewater into the City of Brevard's existing sewerage system,
pursuant to the application received December 6, 2012 and in conformity with 15A NCAC 2T; the
Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains
adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the
Department of Environment and Natural Resources and considered a part of this permit;
The sewage and wastewater collected by this system shall be treated in the City of Brevard's
Wastewater Treatment Facility Permit NC0060534 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 Jeff Menzel at (828)
296-4500.
Sincerely,
for Charles Wakild, P.E., Director
Division of Water Quality
cc: Asheville Regional Office, Surface Water Protection
Michael R. Goforth, PE, High Country Engineering, PC
Water Quality Central Files
PERCS Files (efile)
S:1SWP1TransylvanialCollection SystemslBrevard Collection SystemlExtension Perm itslW00036288 '
Morningside Drive Sewer Rehab.docx �

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2T .0300; 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 .0300. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T
.0300:
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 WQ0036288 City of Brevard Morningside Drive Sewer Replacement Transylvania December 19 2012
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 .0300; 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 .0300; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 2B .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible,but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

PERMIT NO WQ0036288 City of Brevard Morningside Drive Sewer Replacement Transylvania December 19 2012
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 19t" day of December, 2012
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
y P /g
for Charles 1Nakild, P.E., Di�e�or�
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0036288
3

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PERMIT NO WQ0036288 City of Brevard, Morningside Drive Sewer Replacement, Transylvania December 19 2012
ENGINEERING CERTIFICATION — POST CONSTRUCTION
System Description:
permission.is hereby granted to the City of Brevard for the rehabilitation and operation of approximately
587 linear feet of 18-inch gravity sewer as part of the Morningside Drive Sewer Replacement project,
and the discharge of 0 gallons per day of collected domestic wastewater into the City of Brevard'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.
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 .0300; 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
CHUCK CRANFORD
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.

A41,ta
KDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 19,2012
Mr. Don Mason
Harrison Construction Company Division of APAC-Atlantic, Inc.
PO Box 449
Franklin,NC 28734
SUBJECT: NPDES Stormwater Permit Compliance Inspection
Dillsboro Quarry
Permit No: NCG020247
Jackson County
Dear Mr. Mason:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
November 29, 2012. The facility was found to be in compliance with permit NCG020247. Tim
Fox and I appreciated your assistance during the inspection.
Enclosed is a copy of the Compliance Inspection Report,which contains additional observations
and comments for your reference.
Please contact me at(828)296-4665 or Susan.A.Wilsonnncdenr.gov, if I can be of any further
assistance.
Sincerely,
i
'Susan A. Wilson,P.E.
Environmental Engineer
Surface Water Protection
Enclosure
cc: Central Files
Asheville Files
SASWP\Jackson\StornlWater\NCG02 Mining\NCG020247 Harrison APACTTR.CELHarrison Dills.12 2012.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Q 11 Oiinc
Internet:www.ncwaterquality.org Alharally
An Equal Opportunity t Affirmative Action Employer

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Compliance Inspection Report
Permit: NCG020247 Effective: 01/01/10 Expiration: 12/31/1.4 Owner: Harrison Construction Company Division of
Apac-Atlantic Inc
SOC: Effective: Expiration: Facility: Dillsboro Quarry
County: Jackson 627 Macktown Rd
Region: Asheville
Dillsboro NC 28725
Contact Person: Don Mason Title: Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 11/29/2012 Entry Time: 10:00 AM Exit Time: 02:00 PM
Primary Inspector: Susan A Wilson Phone: [phone]
Secondary Inspector(s):
Timothy R Fox Phone:
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Mining Activities Stormwater Discharge COC
Facility Status: ■ Compliant 1=1 Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1

Permit: NCG020247 Owner-Facility: Harrison Construction Company Division of
Apac-Atlantic Inc
Inspection Date: 11/29/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Susan Wilson and Tim Fox performed a site inspection on November 29, 2012. Don Mason (APAC-Harrison)assisted
with the inspection. The quarry is beginning its slower business time and doing various maintenance activities.
Much of the flow from the haul roads is now diverted to the old pit-with no discharge,which is beneficial (and 001 has
recently been eliminated and diverted to the pit).
Outfall 004 is from the basin near the entrance road and should be maintained(ditch lines should be maintained in this
area and diverted to this basin-and the basin should be cleaned out).
DWQ will allow APAC Harrison to eliminate monitoring from Outfall 002-near the VMA. APAC should ensure that the
contractor has appropriate spill kits and is aware of who to contact should a spill occur in that area.APAC should also
ensure that other activities take place within the covered building.Although monitoring can be eliminated-routine
inspection and maintenance on the basin should still be conducted and outlined in the SWPPP.
Road washing is a source of turbidity to Mack Town Branch and the Tuckaseegee River(and was observed the day of
inspection). DWQ is aware of the balance between dust control and keeping the road clean. The recommendation at this
point-to try and alleviate the turbidity impact-is to outline a schedule for routine road maintenance(post schedule-
make sure employees know when to conduct). The turbidity impact is not a chronic one-just a fairly acute one for a short
duration.
Periods of"No flow" have been reported during sampling periods. APAC may wish to re-evaluate the sampling protocol to
ensure that stormwater samples can be taken during discharge events; this may require that personnel at the plant site
grab samples during a discharge event(instead of Don having to come from a different location to grab a sample).
Page: 2

Permit: NCG020247 Owner-Facility: Harrison Construction Company Division of
Apac-Atlantic Inc
Inspection Date: 11/29/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Stormwater Pollution Prevention Plan Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan? ■ n ❑ n
#Does the Plan include a General Location(USGS)map? ■ n n n
#Does the Plan include a"Narrative Description of Practices"? ■ n n n
#Does the Plan include a detailed site map including outfall locations and drainage areas? ■ n n n
#Does the Plan include a list of significant spills occurring during the past 3 years? ■ n n n
#Has the facility evaluated feasible alternatives to current practices? ■ n n ❑
#Does the facility provide all necessary secondary containment? ■ n n n
#Does the Plan include a BMP summary? ■ n n n
#Does the Plan include a Spill Prevention and Response Plan(SPRP)? ■ n ❑ n
#Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ n n n
#Does the facility provide and document Employee Training? f_I ■ n n
#Does the Plan include a list of Responsible Parly(s)? ■ n n n
#Is the Plan reviewed and updated annually? ■ n n n
#Does the Plan include a Stormwater Facility Inspection Program? ■ n n n
Has the Stormwater Pollution Prevention Plan been implemented? ■ n n n
Comment: The SWPPP is well put together and includes all major elements. A better
site plan with drainage areas (and what outfall they go to)would be beneficial
Good housekeeping practices (especially with regard to the roadways)should likely be
more specifically outlined (and posted). Annual training should be documented and
included in the plan.
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ 0 n
Comment:
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? ■ n n 0
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ■ ❑ n n
Comment: Periods of"no flow" have been reported.
Permit and Outfalls Yes No NA NE
#Is a copy of the Permit and the Certificate of Coverage available at the site? ■ n n n
#Were all outfalls observed during the inspection? ■ n n n
#If the facility has representative outfall status;is it properly documented by the Division? rl rl ■ n
Page: 3

Permit: NCG020247 Owner-Facility• Harrison Construction Company Division of
Apac-Atlantic Inc
Inspection Date: 11/29/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine
#Has the facility evaluated all illicit(non stormwater)discharges? ■ n n
Comment: All outfalls were observed. Outfall 001 - has just been eliminated (by
enlarging/rerouting flow). Outfall 003 was eliminated (used to be pit dewatering).
Outfall 002 -this is an outlet from a trap near the vehicle maintenance area (VMA).
However-all changing of oil is contracted out (and they remove all fluids). Any other
work is conducted inside a covered building. DWQ will allow this outfall to be eliminated
(but maintained - cleaned out as needed).
Outfall 004 -from basin at the main entrance road. The ditchline and basin for this
outfall need maintenance -with flow directed to this basin.
Page: 4

I WaYWA
14CbAW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 19, 2012
Don Mason
Harrison Division-APAC Atlantic, Inc.
PO Box 449
Franklin,NC 28734
SUBJECT: NPDES Stormwater Permit Compliance Inspection
Dillsboro Asphalt Plant
Permit No: NCG160031
Jackson County
Dear Mr. Mason:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
November 29, 2012. The facility was found to be in compliance with permit NCG160031. Tim
Fox and I appreciated your(and Mr. Maney's) assistance during the inspection.
Enclosed is a copy of the Compliance Inspection Report,which contains additional observations
and comments for your reference.
Please contact me at(828) 296-4665 or Susan.A.Wilsonnncdenr..ov, if I can be of any further
assistance.
Sincerely,
,r
'`Susan A. Wilson, P.E.
Environmental Engineer
Surface Water Protection
Enclosure
cc: Central Files
Asheville Files
SASWP\Jackson\StormwateI\NCGl6 Asphalt Paving Mixtures\LTR.CEI.Harrison Dills Ashphalt.12 2012.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] NorthCarOlina
Internet:www.ncwaterquality.org AR't
UraC
An Equal Opportunity\Affirmative Action Employer aJ

Compliance Inspection Report
Permit: NCG160031 Effective: 10/01/09 Expiration: 09/30/14 Owner: Harrison Division-Apac Tennesse Inc
SOC: Effective: Expiration: Facility: Dillsboro Asphalt Plant
County: Jackson 627 Macktown Rd
Region: Asheville
Dillsboro NC 28725
Contact Person: Don Mason Title: Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 11/29/2012 Entry Time: 02:00 PM Exit Time: 03:20 PM
Primary Inspector: Susan A Wilson Phone: [phone]
Secondary Inspector(s):
Timothy R Fox Phone:
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Asphalt Paving Mixture Stormwater Discharge COC
Facility Status ■ Compliant 0 Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1

Permit: NCG160031 Owner-Facility: Harrison Division-Apac Tennesse Inc
Inspection Date: 11/29/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Susan Wilson and Tim Fox performed a site inspection at APAC Harrison-Dillsboro Asphalt Plant. Don Mason (APAC
Harrison)and Rex Marley assisted during the inspection.
The plant is fairly old and located along a hillside across from the quarry. All drainage is eventually routed to the basin at
the entrance,which is Outfall 001 (and then goes to Mack Town Creek).
Routine maintenance needs to be performed at the facility(this is taking place now). Routine cleaning and maintenance
of the plant and secondary containment areas may need to be conducted more frequently than 1/year. The basin at 001
likely needs to be cleaned out with some frequency, as the capacity appears limited. The ditch lines at the entrance road
appear to need maintenance to ensure that stormwater enters basin 001
DWQ recommends that the upper area be walked to determine where it is draining and re-route as necessary. It does not
appear to drain to the upper basin now(as it was intended).
Page: 2

Permit: NCG160031 Owner-Facility: Harrison Division-Apac Tennesse Inc
Inspection Date: 11/29/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Stormwater Pollution Prevention Plan Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan? 0 0 ❑ ■
#Does the Plan include a General Location(USGS)map? 0 0 0 ■
#Does the Plan include a"Narrative Description of Practices"? Cl ❑ ❑ ■
#Does the Plan include a detailed site map including outfall locations and drainage areas? 0 0 Cl ■
#Does the Plan include a list of significant spills occurring during the past 3 years? ❑ n n ■
#Has the facility evaluated feasible alternatives to current practices? ❑ 0 0 ■
#Does the facility provide all necessary secondary containment? ❑ ❑ Cl ■
#Does the Plan include a BMP summary? 0 ❑ ❑ ■
#Does the Plan include a Spill Prevention and Response Plan(SPRP)? ❑ ❑ 0 ■
#Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ❑ ❑ ❑ ■
#Does the facility provide and document Employee Training? ❑ ❑ 0 ■
#Does the Plan include a list of Responsible Party(s)? 0 Q n ■
#Is the Plan reviewed and updated annually? ❑ ❑ ❑ ■
#Does the Plan include a Stormwater Facility Inspection Program? ❑ ❑ ❑ ■
Has the Stormwater Pollution Prevention Plan been implemented? n Q ❑ ■
Comment: The SWPPP was not located at the time of the inspection -so this portion
was not evaluated. Per Don Mason, 12/11/12, an updated plan is now in place. This
will be reviewed during the next quarter.
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ■ n ❑ D
Comment:
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? ■ ❑ 0 Q
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ ❑
Comment:
Permit and Outfalls Yes No NA NE
#Is a copy of the Permit and the Certificate of Coverage available at the site? ❑ ❑ n ■
#Were all outfalls observed during the inspection? ■ n Q n
#If the facility has representative outfall status,is it properly documented by the Division? ❑ n ■ n
#Has the facility evaluated all illicit(non stormwater)discharges? D n Q ■
Page: 3

Permit: NCG160031 Owner-Facility: Harrison Division-Apac Tennesse Inc
Inspection Date: 11/29/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Comment: The site and other outfalls drain to one basin (Outfall 001), then is piped
across Mack Town Road and discharges to Mack Town Creek.
Page: 4

A"J�
' )A
CDN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 20,2012
Dr.Gregory J.Thorpe,Ph.D.
Environmental Management Director,PDEA
North Carolina Department of Transportation
Project Development and Environmental Analysis
1598 Mail Service Center
Raleigh,NC 27699-1598
Subject: Permit No. SW1121202
TIP No.B-4182 NCSR 1503
Bridge No.246
State Stormwater Permit
N C Department of Transportation
Madison County
Dear Dr.Thorpe:
The Asheville Regional Office received a completed Stormwater Application for the subject project on December 12, 2012.
Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater
Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW1121202 dated December 20,2012 to
the NC Department of Transportation for the proposed replacement of Bridge No.246 on NCSR 1503 over Big Laurel Creek
in Madison County.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as
specified therein.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an
adjudicatory hearing upon written request within thirty(30)days following receipt of this permit. This request must be in the
form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made this permit
shall be finial and binding.
If you have any questions, or need additional information concerning this matter,please contact Mr. Mike Parker at (828)
296-4500.
Sincerely,
Chuck"ao_rd,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna
Phone: [phone] FAX:[phone] Customer Service:1 877 623 6748
Internet:: www.ncwaterquality.org
An Equal Opportunity t Affirmative Action Employer AMWAY

Dr. Gregory Thorpe,Ph.D.
December 20,2012
Page Two
cc: Stephen Morgan,P.E.,DOT Hydraulics Unit
Ed Green,Division 13 Maintenance Engineer
Roger Bryan,Division 13 DEO
DWQ Transportation Permitting Unit
Mike Parker,Asheville Regional Office

State Stormwater Management Systems
Permit No. SW 1121202
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVH2ONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
STORMWATER PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other
applicable Laws,Rules,and Regulations
PERMISSION IS HEREBY GRANTED TO
NC Department of Transportation
Madison County
FOR THE
Construction of a public road/bridge in compliance with the provisions of 15A NCAC 21-1.1000 (hereafter referred to as the
"stormwater rules')and the approved stormwater management plans and specifications and other supporting data as attached
and on file with and approved by the Division of Water Quality and considered a part of this permit for replacement of Bridge
No.246 over Big Laurel Creek on NCSR 1503 in Madison County.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified
conditions and limitations:
I. DESIGN STANDARDS
1. The amount of impervious surface has been minimized as much as possible.
2. The runoff from the impervious areas has been diverted away from surface waters as much as possible.
3. Best management Practices are employed which minimizes water quality impacts.
4. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the
permit.
5. Vegetated roadside ditches will be 3:1 slopes or flatter except for roadway ditch north of the existing bridge along the
east side of the roadway.

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

Permit issued this the 20th day of December 2012.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Charles Wakild, ?,1J.Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW1121202
DOT Bridge Replacement NCSR 1503 TIP No.4182
SW1121202

A4
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 21,2012
Dr. Gregory J.Thorpe,Ph.D.
Environmental Management Director,PDEA
North Carolina Department of Transportation
Project Development and Environmental Analysis
1598 Mail Service Center
Raleigh,NC 27699-1598
Subject: In-Field Minor Water Quality Certification
TIP No.U-2211,NCSR 1001 at US 321A
DWQ Project No.20110844V.2
NC Department of Transportation
Caldwell County
Dear Dr.Thorpe:
Please find attached a copy of the in-field modification for 40 linear feet of temporary impacts in UT1 to Gunpowder Creek.
requested in your letter of November 30,2012.
If you have any questions,or need additional information concerning this matter,please call me at(828)296-4500.
Sincerely,
_ee /Z =
�L_
Michael R.Parker,
Environmental Senior Specialist
Surface Water Protection Section
Asheville Regional Office
cc: Erin Cheely,PEDA
Heath Slaughter,Division 11 DEO
DWQ Transportation Permitting Unit
Mike Parker,Asheville Regional Office
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOI thCarohna.
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 -V /�
Internet: www.ncwaterquality.org K
An Equal Opportunity',Affirmative Action Employer �t'/ral`

,�d Modification
.age 2 of 3
This in-field modification is required for the following reason(s):
The information contained in the application or presented in support thereof is incorrect in the
following manner:
®` Conditions under which the original certification was issued have changed in the following
manner:
This in-field modification is valid only if issued by an authorized agent of the NC Division of Water Quality,
Transportation Permitting Unit'.
This inp-field modification authorizes thePNCDOT to
J�3 PJLS.� d. uet_ �Ad€, art 'f;.� ed.V Bo -JZr.(�/ 4A, > -6V
H 4 440AVeA& fie' L0.f2 A9,0�
in rs Uw e./I County. The project shall be constructed as described in the Modification Description and
Sketch on Page 1 of this document dated,>� 4-#A_ ,, .7-0/4- to improve/construct the section of
S I that extends from ,zit,, &�I--/ to t DZI,d ,°� The approved
design is that described in the Modification Description and Modification Sketch on Page 1 of this document dated
Z. Any further changes to the original Water Quality Certification dated Ja 0. 7412. may require a
formal written modification request.
=� The description of the proposed action provides adequate assurance that the proposed action in the CA4.4 s.4 A
_ River Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore,the State of North Carolina certifies that this activity will not
violate the applicable portions of Sections 301,302,303,306,307 of PL 92-500 and PL 95-217 if conducted in
accordance with the application and conditions hereinafter set forth. Should your project change,you are required
to 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 the conditions. For this
approval to remain valid,you are required to comply with all the conditions listed below. In addition,you should
obtain all other federal,state or local permits before proceeding with your project including(but not limited to)
Sediment and Erosion control,Coastal Stormwater,Non-discharge and Water Supply watershed regulations. This
Modification Approval shall expire on the same day as the expiration date of the corresponding Corps of Engineers
Permit.
Condition(s)of Modification Approval:
1. As-built drawings of the proposed action shall be submitted to the NC DWQ Transportation Permitting
Unit within 30-days of the completion of the action.
2. All the authorized activities and conditions of the certification associated with the original Water Quality
Certification dated / ev't 2dfZand all other corresponding modifications still apply except where
superceded by this certification.

In-Field Modification
Page 3 of 3
3. Additional Conditions:
Failure to construct the proposed action as described in the Modification Description and Sketch on Page 1 of this
document and/or violations of any condition herein set forth may result in revocation of this modification approval
and may result in criminal and/or civil penalties. This modification approval shall become null and void unless the
above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. If the
Corps of Engineers requires a formal written modification to the 404 permit for the proposed action,then NC DWQ
must require a formal written modification to the 401 WQC,and therefore,this in-field modification is invalid. If
additional(wetland,stream,buffer)impacts for this project(now or in the future)exceed(one acre,150 linear
feet,or one-third of an acre/150 linear feet,respectively),or if mitigation is required above and beyond the
current mitigation requirements for this project,this in-field modification is invalid and a formal written
modification is required.
This in-field modification is effective upon the date the last party signs this document. This in-field modification is
made upon mutual agreement between DOT and DWQ as indicated by the signatures below and is,therefore,not
subject to appeal by either party.Appeals by third parties must be made within sixty(60)days of notification J
pursuant to the contested case provisions of the Administrative Procedure Act,N.C. Gen.Stat. § 150B-23 et seg.
DWQ Staff Signature: —�
Date:` eems- c<?, WIZ-
DOT Staff Signature:
Date:
Staff Signature:
Date:
I —An authorized agent of the Transportation Permitting Unit is defined as DWQ staff that are DOT-funded and review and
issue 401 Water Quality Certifications for DOT projects. These staff include Central Office and-Regional Office personnel.

a f'
H N
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director
Secretary
North Carolina Division of Water Quality
Transportation Permitting Unit
In-Field Minor 401 Water Quality Certification,Buffer Certification and Isolated Waters Permit
Modification
Project Name/M Project No.: ,cS;C /00/ ,e z�f/ Date:De c,, �I
DOT Division: County:CA /d W e, DWQ Project No./Permit Type: -2011 d 49 S4�4 T P A .
DOT Staff. DWQ Staff Ra'c,A,4 c-1 9 • PA tile-
ex—
ACE Staff: DWQ Regional Office:
Modification Description:
/V C-D 1 is fLeq&-e'w "", '6'V A G i"irve,¢�fe-4 Cf P
;A`�1
Modification Sketch:
6 r.la
Transportation and Permitting Unit
1650 Mail Service Center,Raleigh,North Carolina 27699-1650 One
Location:2321 Crabtree Blvd.,Raleigh,North Carolina 27604 NoikflCar'o1 lla
Phone:[phone] FAX:[phone]
Internet http:llh2o.enrstate.nc.ustncwetlandsl
An Equal Opportunity 1 Affirmative Action Employer

A
NCQEN[t
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 31, 2012
Superior Properties Co.
Attn: Scott E. Shealy
Box 2805
Asheville,NC 28802
Subject: Request for More Information
401 Water Quality Certification
Project: Dunkin Citi Stop (Tunnel Road)
DWQ Project# 12-1090
Buncombe County
Response deadline: January 28, 2013
Dear Mr. Shealy:
� ,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. Provide corrections regarding the Agent Authorization Form. (Agent signature is Charles
Johnston and the Agent Authorization Form authorizes Clay Mooney of Design Associates to act
on behalf of Superior Properties, Inc).
2. Evaluate the design criteria at the outfall of the box culverts that will consider and address the
adverse effects of widening the channel downstream. (Such as alternating sills or structures to
improve sinuosity and prevent over widening of the downstream channel).
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] One
Internet:www.ncwaterquality.org NorthCarollna
An Equal Opportunity i Affirmative Action Employer AU164
i4

Superior Properties Co.
December 31,2012
Page 2 of 2
Please provide your response in writing to the addresses below prior to January 28, 2013. Four copies of the
required information should be provided to the Wetlands, Buffers, Stolmwater Compliance and Permitting Unit
at:
Ms. Karen Higgins
WBSCP Unit
1650 Mail Service Center
Raleigh,NC 27699-1650
and a single copy to the Asheville Regional Office at:
Tim Fox
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 Tim Fox(828) 296-4664, if you have any questions.
Sincerely,
`i
Chuck Cranford, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Tasha McCormick-US Army Corps of Engineers Asheville Field Office
Charles Johnston—Environmental Services, Inc.
David McHenry-North Carolina Wildlife Resources Commission
Karen Higgins - WBSCP Unit
McCray Coates—City of Asheville Storm Water Services
ARO File copy
SS:\SWP\Buncombe\401s\Non-DOT\Dunkin Citi Sop Tunnel Rd\AddInfo.401 Dunkin Citi Stop 12-31-12.doc

RC NR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 31, 2012
Mr. Robert Fairbrother
c/o Mr. Bret Fairbrother
P.O. Box 388
Cashiers,NC 28717
Subject: 401 Water Quality Certification -Approval
Fairbrother Lot 40 Guise Lane
DWQ Project# 12-1021
Jackson County
LTN02/Glenville Lake (Thorpe Lake)/2-79-23-(1)/WS-II1, HQW, B
Dear Mr. Fairbrother:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above. After a site visit conducted December 11, 2012 and the revised
information submitted by December 18, 2012, approval has been granted for your projected.
-'You are authorized to place fill within or otherwise impact approximately 0.02 acres of open waters
[approximately 200 linear feet of shoreline: 65 linear feet rip-rap; 135 linear feet dry stack wall w/rip-rap] for
the purpose of shoreline stabilization at the subject property. This approval requires you to follow the
conditions listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including (but not limited to)Jackson County Erosion and
Sediment Control regulations and Duke Energy Lake Services guidelines.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]M FAX:[phone] 1�TOne
Internet:www.ncvvaterquality.org 1V OI'thl/r�.`arolina
An Equal Opportunity\Affirmative Action Employer Aghlr'" l&

Mr.Fairbrother
December 31,2012
Page 2 of 2
Amount Approved(Units) Plan Location or Reference
Waters Appx. 0.02 (acres below As specified in revised
full pool) sketch/information dated
[appx. 200 linear feet: 65 12/18/2012
feet rip-rap; 135 feet dry
stack w/rip rap]
*Refer to Duke Energy
guidelines for boulder
wall design
If working from the shoreline(rather than a barge), vegetation must be replaced in accordance with Nantahala
Area Vegetation Management Requirements [ref. to Exhibit 1, Part 5.b. of Duke Power Nantahala Area
Shoreline Management Guidelines].
Impervious surfaces (excluding access pathways) should be kept 30 feet back from surface waters [ref. 15A
NCAC 2B .0215].
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Susan A.Wilson in the Asheville Regional Office
at 828-296-4665.
Sincerely,
Charles Wakild, P.E., Director
CW/saw
Enc: GC3898
Certificate of Completion
cc: Karen Higgins—WBSCP Unit
Steve Beasley, Jackson County Planning
Lisa Leatherman, Duke Energy Lake Services
ARO File Copy
S:\SWP\Jackson\401s\Non-DOT\Fairbrother-bank stabilization Glenville\2012 Project Frbrthr\APRVL.Fairbrother.l2 2012.doc`..

WW
ronirr� ��,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 3, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9964
Mr. Steve Sheets, CEO
Linville Ridge Country Club
P.O. Box 704
Linville,North Carolina 28646
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 NCO062413
Linville Ridge Country Club
Linville Ridge Country Club WWTP
Case No.LV-2012-0210
Avery County
Dear Mr. Sheets:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$487.00
($350.00 civil penalty+ $137.00 enforcement costs) against Linville Ridge Country Club.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by Linville Ridge Country Club for the month of July 2012.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0062413. The violations which occurred in
July 2012 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Linville Ridge Country Club
violated the terms, conditions or requirements of NPDES Permit NCO062413 and G.S. 143-
215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums
established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who
violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
Linville Ridge Country Club:
NortliCarolina
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICEIV
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone:[phone]\FAX:[phone]
Internet:www.ncwaterguality.om

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0062413, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 N00062413, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 N00062413, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N- Conc.
$350.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$487.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 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 o£
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request: `^
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty

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

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone[phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter)on the petition.
-F-ai-bure to exercise- one of the option-s -ah-ove v.4-th-in thirty(30) days of reGeipt of this lefter, 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
Chucktranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: Regional Supervisor w/attachments
DWQ Central Files w/attachments ��
NPDES Point Source w/attachments
James& James Environmental/ORC w/attachments
SWP',veri CotirtN C]Lib 6)41_]-V-2012-0210.doe

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0210 County: Avery
Assessed Party: Linville Ridge Country Club
Permit No.: NC0062413 Amount Assessed: $487.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMEN 1
AND NATURAL RESOURCES
COUNTY OF AVERY
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
LINVILLE RIDGE COUNTRY CLUB / )
LINVILLE RIDGE COUNTRY CLUB WWTP )
PERMIT NO.NCO062413 ) FILE NO. LV-2012-0210
Having been assessed civil penalties totaling $487.00 for violation(s)as set forth in the
assessment document of the Division of Water Quality dated December 3, 2012, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30)days of.
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of 920
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SIGNATURE
ADDRESS
TELEPHONE

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 3, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9957
Mr. Jeffery V. Morse
Town of Valdese
P.O. Box 339
Valdese,North Carolina 28690
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 NCO041696
Town of Valdese
Lake Rhodiss WWTP
Case No. LV-2012-0207
Burke County
Dear Mr. Morse:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$637.00
($500.00 civil penalty+ $137.00 enforcement costs) against the Town of Valdese.
s assessment is based upon e o owing acts: a review as been conducted condiieted of the discharge
monitoring report (DMR) submitted by the Town of Valdese for the month of June 2012. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0041696. The violations which occurred in
June 2012 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Valdese violated the
terms, conditions or requirements of NPDES Permit NCO041696 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
the Town of Valdese:
None
rthCarolina
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE^'
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]
Internet:www.ncwaterguality.org

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$500.00 NC0041696, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS - Conc.
$500.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$637.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice,you must do one of the following:
1. Submit payment of the penalty:
i
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved,the following factors shall be
considered:

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

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed -provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter)on the petition.
Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as
evidetteed by att ittterna:l dafeAime reeeived stamp (not a post—LUff1k),will irestilt in this mattef being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely, ,
Y<. X
Chuck C' ord, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Regional Supervisor w/attachments
DWQ Central Files w/attachments r
NPDES Point Source w/attachments
Municipa]`, aldese.WA`I"11416 6 ll,,'='Q11--C20—i.d(ic

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0207 County: Burke
Assessed Party: Town of Valdese/Lake Rhodhiss WWTP
Permit No.: NC0041696 Amount Assessed: $637.00
Please use this form when requesting remission of this civil penalty. You must also complete the
°Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 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);
td; -penalties f„r �T„rA� ms violatiens;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BURKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TOWN OF VALDESE/ LAKE RHODHISS )
WWTP )
PERMIT NO. NCO041696 ) FILE NO. LV-2012-0207
Having been assessed civil penalties totaling $637.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated December 3, 2012,the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of ,20
SIGNATURE
ADDRESS
TELEPHONE

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ACURR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 3,2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9940
Mr. Jeffery V. Morse
Town of Valdese
P.O. Box 339
Valdese,North Carolina 28690
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 NCO041696
Town of Valdese
Lake Rhodiss WWTP
Case No. LV-2012-0208
Burke County
Dear Mr. Morse:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$2,137.00 ($2,000.00 civil penalty+$137.00 enforcement costs) against the Town of Valdese.
Ttfls assessment is based upon the following acts: a review has been conducted of the discharge
monitoring report(DMR) submitted by the Town of Valdese for the month of July 2012. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0041696. The violations which occurred in
July 2012 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Valdese violated the
terms, conditions or requirements of NPDES Permit NCO041696 and G.S. 143-215.1(a)(6)in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
the Town of Valdese:
NorthCarolina
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Y
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]
Internet:www.ncwaterguality.org

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$500.00 NC0041696, 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 NC0041696, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Conc.
$2,000.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$2,137.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
2 82.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice,you must do one of the following:
1. Submit payment of the penalty:
IT
Payment should be made directly to the ordur i he Department Of EnVir01H11C11L URU INULarm
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 r
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please

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

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed -provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/tillic fr, eived stanip (not a postmark), vvif!iesudt in this inatter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck anford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Regional Supervisor w/attachments
DWQ Central Files w/attachments
NPDES Point Source w/attachments
WWI['41696`.Lv 20I2-0208.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0208 County: Burke
Assessed Party: Town of Valdese/ Lake Rhodhiss WWTP
Permit No. : NC0041696 Amount Assessed: $2,137.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors inN.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
d) the violator bad not been assz PS_dl c for=an� yi )IIS violation�;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BURKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TOWN OF VALDESE/ LAKE RHODHISS )
WWTP )
PERMIT NO.NCO041696 ) FILE NO. LV-2012-0208
Having been assessed civil penalties totaling$2,137.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated December 3, 2012,the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30)days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 3, 2012
Mr. Bernard M. Kelly
Davidson River Village LLC
P.O. Box 880
Pisgah Forest, North Carolina 28768
Subject: NOTICE OF VIOLATION
NOV-2012-LV-0605
Permit No. NC0000078
Former Ecusta Mill WWTP
Transylvania County
Dear Mr. Kelly:
A review of Former Ecusta Mill's WWTP monitoring report for August 2012 showed the following
violation:
Parameter Date Limit Value Reported Value Limit Type
2,3,7,8 tetrachlorodibenzo- 08/28/2012 0.104 pg/I 1.16 pg/I Daily Maximum
p-dioxin Exceeded
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant" with an explanation for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell or me at 8281296-4500.
Sincerely,
- 7
rr
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
CC' DWQ Asheville Files
DWQ Central Files
S:\SWPtTransylvania,VV@stewaterllndustrial,Formerly Ecusta 00078\NOV-2012-LV-0605.doc one
NoAhCarolina
IvQEllr'allY
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa, N.C. 28778 Phone[phone]
Internet: www.ncwaterguality.ora FAX [phone]

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NCD� �
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 3, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9971
Ms. Cathy Childrey
Mizpah Healthcare Inc.
P.O. Box 1029
Marion,North Carolina 28752-1029
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO071897
Mizpah Healthcare Inc.
Henderson's Assisted Living WWTP
Case No. LV-2012-0211
- Henderson County
Dear Ms. Childrey:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$887.00
($750.00 civil penalty+ $137.00 enforcement costs) against Mizpah Healthcare Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by Mizpah Healthcare Inc. for the month of July 2012. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0071897. The violations which occurred in
July 2012 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Mizpah Healthcare Inc. violated the
terms, conditions or requirements of NPDES Permit NCO071897 and G.S. 143-215.1(a)(6)in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
Mizpah Healthcare Inc.:
None
rthCarolina
Natura!!rf
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE'
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone: [phone]\FAX:[phone]
Internet:www.ncwaterouality.org

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0071897, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for NH3-N- Conc.
1 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$125.00 NC0071897, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD -Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$312.50 NC0071897, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD-Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$312.50 NC0071897,by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N- Conc..
$750.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$887.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
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 r

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

Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions,please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: Regional Supervisor w/attachments
DWQ Central Files w/attachments
NPDES Point Source w/attachments
James & James Environmental/ORC w/attachments
S.SWP'1 1lenderN,on',l astew,i er...Minor,:I{endersoii s.Assisted Living 7189T:.1 V-2012-0211.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0211 County: Henderson
Assessed Party: Mizpah Healthcare Inc. / Henderson's Assisted Living WWTP
Permit No.: NCO071897 Amount Assessed: $887.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:
i

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
MIZPAH HEALTHCARE INC. / )
HENDERSON'S ASSISTED LIVING WWTP )
PERMIT NO. NCO071897 ) FILE NO. LV-2012-0211
Having been assessed civil penalties totaling $887.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated December 3, 2012,the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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RCbENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 3, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9933
Mr. Steve Sheets, CEO
Linville Ridge Country Club
P.O. Box 704
Linville,North Carolina 28646
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 NCO062413
Linville Ridge Country Club
Linville Ridge Country Club WWTP
Case No. LV-2012-0209
Avery County
Dear Mr. Sheets:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$487.00
($350.00 civil penalty+$137.00 enforcement costs) against Linville Ridge Country Club.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by Linville Ridge Country Club for the month of June 2012.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0062413. The violations which occurred in
June 2012 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Linville Ridge Country Club
violated the terms, conditions or requirements of NPDES Permit NCO062413 and G.S. 143-
215.1(a)(6)in the manner and extent shown in Attachment A. In accordance with the maximums
established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who
violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
Linville Ridge Country Club:
�. One
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE-17—
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]
Internet:www.ncwaterguality.org

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0062413, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for NH3-N- Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0062413, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N- Conc.
$350.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$487.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(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
16TTMail Service Center
Raleigh,North Carolina 27699-1617

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
--- - -----Fallurete-e-xerc-ise-one-of the-options-above v-ithin thirty(3-0)-days-of-receipt--ofthis-letter,-as -
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck C.r4r ford,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: Regional Supervisor w/attachments
DWQ Central Files w/attachments j
NPDES Point Source w/attachments
James &James Environmental/ORC w/attachments
SWP�.Aver �at�a�teav:�ter d6nors�:L,inville R.id�c C'otnity Club 0241 ..LN-2012-0-109.doe

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0209 County: Avery
Assessed Party: Linville Ridge Country Club
Permit No.: NC0062413 Amount Assessed: $487.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
-' violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
----------
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF AVERY
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
LINVILLE RIDGE COUNTRY CLUB/ )
LINVILLE RIDGE COUNTRY CLUB WWTP )
PERMIT NO.NCO062413 ) FILE NO. LV-2012-0209
Having been assessed civil penalties totaling $487.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated December 3, 2012, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE
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INCDEINR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakiid, P.E. Dee Freeman
Governor Director Secretary
December 3, 2012
Mr. Bentley Parlier
Linville Resorts Inc.
11 Linville Avenue
Linville, North Carolina 28646
Subject: NOTICE OF VIOLATION
NOV-2012-MV-0121
Permit No. NCO039446
Linville Resorts WWTP
Avery County
Dear Mr. Parlier:
A review of Linville Resorts WWTP's monitoring report for August 2012 showed the following
violation:
Parameter Date Measuring Violation
Frequency
Chlorine, Total Residual Week ending 2 X week Failure to Monitor
08/18/2012
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell or me at 828/296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Scott Vasgaard/ORC
S:1SA11PtAveryluVastewater\MinorsiLinville Resorts 394461N0\J-2012-rV1\/-0121.doo ore
NoAhCarolina
,Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.nmateraualitv.org FAX [phone]

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RUMw.a�s
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakiid, P.E. Dee Freeman
Governor Director Secretary
December 4, 2012
Lauren Stull
United States Forest Service
123 Woodland Drive
Murphy,North Carolina 28906
Preston Royster, P.E.
North Carolina Wildlife Resources Commission
1718 North Carolina Highway 56 West
Creedmore,North Carolina 27522
Subject: 401 Water Quality Certification -Approval
Avey Branch Boat Access Area
DWQ Project# 20121053
Graham County
LTN04/Cheoah River(Lake Santeelah)/2-190-(5)/Class B; Tr
Dear Ms. Stull and Mr. Royster:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 0.084 acres of open waters for the purpose of
boater 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 3898. This Certification allows
you to use Regional General 30 when issued by the US Army Corps of Engineers (USAGE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including(but not limited to)Erosion and Sediment Control and Trout
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 maybe required to submit a new application.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]M FAX:[phone] One
Internet:www.ncwaterquality.org NorthCarolna
AMllrall "'
An Eaual Onoortunity 1 Affirmative Action Emolover

United States Forest Service and NC Wildlife Resources Commission
December 4,2012
Page 2 of 2
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts: -
Amount Approved(Units) Plan Location or Reference
Waters 0.084 (acres) Application Item C. 4. 01
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
[phone].
Sincerely,
for Charles Wakild,P.E., Director
CWlkhb
Enc: GC3898
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
WBSCP Unit—Central Office
File Copy
S:\S WP\Graham\40ls\Non-DOT\AveyBranchBAA\121053.12-4-2012.apvl.doc

R�
CDEN T
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman
Governor Director Secretary
December 4, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 0007
Mr. Steve Sheets, CEO
Linville Ridge Country Club
Linville Ridge Country Club WWTP
P.O. Box 704
Linville,North Carolina 28646
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2012-LV-0607
Linville Ridge Country Club WWTP
NPDES Permit No.NCO062413
Avery County
Dear Mr. Sheets:
A review of the August 2012 self-monitoring report for the subject facility revealed violations of the
following parameters:
Date Outfall Parameter Reported Value Permit Limit
08/21/2012 001 BOD 79.1 mg/1 45 mg/1
08/28/2012 001 BOD 92.3 mg/1 45 mg/1
08/29/2012 001 BOD 82.3 mg/1 45 mg/1
08/30/2012 001 BOD 71.2 mg/1 45 mg/1
08/31/2012 001 BOD 69.2 mg/1 45 mg/1
08/31/2012 001 BOD 64.6 mg/1 30 mg/1
08/14/2012 001 Ammonia Nitrogen 16.2 mg/1 15 mg/1
08/21/2012 001 Ammonia Nitrogen 17.9 mg/1 15 mg/1
08/28/2012 001 Ammonia Nitrogen 19.3 mg/1 15 mg/1
08/31/2012 001 Ammonia Nitrogen 15.9 mg/1 15 mg/1
08/21/2012 001 TSS 64.4 mg/1 45 mg/l
08/28J2012 001 TSS 48.7mg/1 45 mg/1
08/31/2012 001 TSS 36.7 mg/1 30 mg/1
A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the
noted violations of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0062413.
Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be
SURFACE WATER PROTEc'rION SECTION ASHE:VII L6 REGIONAL OFFICE
Location:2090 U.S.Highway 70.Swannanoa.North Carolina 28778 Out
Phone:[phone]�00\Fax:[phone] NorthCarol na
Internet:hUy:l/portal.ncdenr.org/weblwq Natural&
An Equal Opportunity''.Affirmative Action Employer--0%Recycled%10'N Post Consumer paper

Mr. Steve Sheets
December 4, 2012
Page Two
assessed against any person who violates or fails to act in accordance with the terms, conditions, or
requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information
regarding the noted violation, request technical assistance, or discuss overall compliance please respond in
-- writing within ten(10) days after receipt of this Notice. A review of your response will be considered along -
with any information provided on the August 2012 Discharge Monitoring Report. You will then be notified of
any civil penalties that may be assessed regarding the violations. If no response is received in this Office
within the 10-day period, a civil penalty assessment may be prepared.
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a
continuing nature,not related to operation and/or maintenance problems,and you anticipate remedial
construction activities,then you may wish to consider applying for a Special Order by Consent. You may
contact this Office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely,
F
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office J'
cc: DWQ Asheville Files
DWQ Central Files
DWQ Point Source Unit
S:\SWP Aver- Waste atee.Minors,i.:invilie Midge County Club 62413,NO NR -201?-],V-0607.doc

ARt �
NCDEMR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 4, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2513
Mr.Freddie Boan, General Manager/Community Association
Trillium Links&Village LLC
Trillium Links&Village W_ WTP
One Trillium Center
Cashiers,North Carolina 28717
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2012-LV-0606
Trillium Links &Village WWTP
NPDES Permit No. NCO059200
Jackson County
Dear Mr. Boan:
A review of the August 2012 self-monitoring report for the subject facility revealed violations of the
following parameters:
Date Outfall Parameter Reported Value Permit Limit
08/21/2012 001 BOD 14 mg/1 7.5 mg/1
08/31/2012 001 BOD 5.85 mg/1 5 mg/1
08/14/2012 001 TSS 40 mg/1 30 mg/1
A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE)is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0059200.
Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars($25,000.00)may be
assessed against any person who violates or fails to act in accordance with the terms, conditions, or
requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information
regarding the noted violation,request technical assistance, or discuss overall compliance please respond in
writing within ten(10) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the August 2012 Discharge Monitoring Report. You will then be notified of
any civil penalties that may be assessed regarding the violations. If no response is received in this Office
within the 10-day period, a civil penalty assessment may be prepared.
SURF:,kC'E WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFTICE -Afl
Location:2090 U.S.Highway 70,Swaimatuoa,North Carolina 28778 One
Phone:[phone]�00\Fax [phone] NorthCarol na
hrtemet:http://portal.nodenr.org/web/wq �?aturattll
An Equal Opportunity`•.Affirmative Action Employer--5T1,;Recycled/10%Post Consumer paper v

Mr. Freddie Boan
December 4, 2012
Page Two
Remedial actions, if not already implemented, should betaken to correct any problems. The Division of,
Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a
continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial
construction activities,then you may wish to consider applying for a Special Order by Consent. You may
contact this Office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
it
Sincerely,
Oil .f
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
DWQ Point Source Unit \
'.Stk P Jacl son'Wastewater'..;Minors l-rillium Links&Whig,:59'.00 NO4 NR 't i2-1...V-0606,.dt:>c

�ir�IT
wa���
ya,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, RE. Dee Freeman
Governor Director Secretary
December 4, 2012
Jesse and Wanda Anderson
2045 Waterford Way
Morganton,North Carolina 28655
Subject: 401 Water Quality Certification-Approval
Anderson Shoreline Stabilization—Lot 41
DWQ Project#20121045
Burke County
CTB30/Catawba River(Lake James)/ l l-(23)/Class WS-V; B
Dear Mr. and Mrs. Anderson:
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 110 linear feet 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 3898. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including (but not limited to)Erosion and Sediment
Control and Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Waters 110 (linear feet) Plan Sketch
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 brie
Phone:[phone] FAX:[phone] Internet:www.ncwaterquality.org NorthCarolzna
iMwtally
An Equal Opportunity i Affirmative Action Employer

Jesse and Wanda Anderson
December 4,2012
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at
[phone].
Sincerely,
r
for Charles Wakild, P.E.,Director
CW/khb
Enc: GC3898
Certificate of Completion
cc: Peter Minter,Burke County
USACE Asheville Regulatory Field Office
WBSCP Unit—Central Office
File Copy
S:\S WP\Burke\401 s\Non-DOT\Anderson.LakeJames\Anderson.121045.12-4-2012.Apv1.doc

WA
4 ka,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director
Secretary
December 4, 2012
Donna Griggs
389 Kathleen Street
Ponchatoula, Louisana 70454
Subject: 401 Water Quality Certification -Approval
Griggs Shoreline Stabilization, Lot 6
DWQ Project#2012-1056
Macon County
LTN03 /Nantahala River(Nantahala Lake)/2-57-(22.5) /B; Tr
Dear Mrs. Griggs:
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 350 linear feet of shoreline for the purpose of
stabilization at the subject property. This approval requires you to follow the conditions listed in the
attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including(but not limited to)Erosion and Sediment
Control and trout buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Waters 350 (linear feet) Plan Sketch
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]M FAX:[phone] 1�TOne
Internet:www.ncwaterquality.org NorthCar011na
An Equal Opportunity 1 Affirmative Action Employer
�tl�lll'l �tl,f

Donna Griggs
December 4,2012
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at
[phone].
Sincerely,
f-
for Charles W akild, P.E., Director
CWlkhb
Enc: GC3898
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
WBSCP Unit—Central Office ='
File Copy
S:\S WP\Macon\401 s\Non-DOT\Smith.Nantahala\Smith.120993.12-4-2012.apvl.doc

a,
All
NCD �
North Carolina Department of Environment and Natural Resources
Division of Water Quality.
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 4,2012
Michael R. Smith
5710 Central Avenue North
Tampa, Florida 33604
Subject: 401 Water Quality Certification -Approval
Smith Shoreline Stabilization, Lot 8
DWQ Project# 2012-0993
Macon County
LTN03 /Nantahala River(Nantahala Lake)/2-57-(22.5)/B; Tr
Dear Mr. Smith:
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 90 linear feet of shoreline for the purpose of
stabilization at the subject property. This approval requires you to follow the conditions listed in the
attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state
or,local permits before you proceed with your project including(but not limited to)Erosion and Sediment
Control and trout buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Waters 90 (linear feet) Plan Sketch
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]\FAX:[phone] One
Internet:www.ncwaterquality.org NorthCarohna
An Eaual G000rtunitv'k Affirmative Action EmoloVpr b

Michael R.Smith
December 4,2012
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts),you may ask for-an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at
[phone].
Sincerely,
�✓f f
for Charles Wakild, P.E.,Director
CW/khb
Enc: GC3898
Certificate of Completion
cc: USACE Asheville Regulatory Field Office '1
WBSCP Unit—Central Office
File Copy
S:\SWP\Macon\401 s\Non-DOT\Smith.Nantahala\Smith.120993.12-4-2012.apvl.doc

NCD►ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 4,2012
Kenyon W. Murphy
Post Office Box 190
Franklin,North Carolina 28774
Subject: 401 Water Quality Certification-Approval
Murphy Shoreline Stabilization, Lot 20
DWQ Project#2012-0994
Macon County
LTN03 /Nantahala River(Nantahala Lake)/2-57-(22.5)/B; Tr
Dear Mr. Murphy:
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 300 linear feet of shoreline for the purpose of
stabilization at the subject property. This approval requires you to follow the conditions listed in the
attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including(but not limited to) Erosion and Sediment
Control and trout buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Waters 300 (linear feet) Plan Sketch
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]M FAX:[phone] One
� 1
Internet:www.ncwaterquality.org 1�o thCarohna
An Eoual O000rtunity 1.Affirmative Action Emolover V aturall

Kenyon W.Murphy
December 4,2012
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream -
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at
[phone].
Sincerely, ! {
for Charles Wakild, P.E.,Director
CWlkhb
Enc: GC3898
Certificate of Completion
cc: USACE Asheville Regulatory Field Office ;
WBSCP Unit—Central Office -
File Copy
S:\SWP\A4acon\401 s\Non-DOT\Murphy.Nantahala\Murphy.120994.12-4-2012.apvl.doc

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director
Secretary
December 4, 2012
Danny Kentch
Post Office Box 999
Nebo,North Carolina 28761
Subject: 401 Water Quality Certification-Approval
Kentch Shoreline Stabilization—Lot 115
DWQ Project#20121044
Burke County
CT1330/Catawba River(Lake James)/ 11-(23)/Class WS-V; B
Dear Mr. Kentch:
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 297 linear feet 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 3898. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including(but not limited to) Erosion and Sediment
Control and Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Waters 297 (linear feet) Plan Sketch
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]M FAX:[phone] 1�TOne 1
Internet:www.ncwaterquality.org NorthCaTolina
a, lltall
An Fniml Onnnrhmity i Affirmativa Artinn FmnlnVPf

Danny Kentch
December 4,2012
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing,send a written petition,which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at
[phone].
Sincerely,
for Charles akild, P.E., Director
CWlkhb
Enc: GC3898
Certificate of Completion
cc: Peter Minter, Burke County
USACE Asheville Regulatory Field Office
WBSCP Unit—Central Office
File Copy
S:\S WP\Burke\401s\Non-DOT\Kentch.LakeJames\Kentch.121044.12-4-2012.Apvl.doc

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman
Governor Director Secretary
December 4, 2012
Richard Canipe
Town of Spruce Pine
PO Box 189
Spruce Pine NC 28777
SUBJECT: Compliance Evaluation Inspection
Spruce Pine WTP
Permit No: NCO082767
Mitchell County
Dear Mr. Canipe:
On November 28, 2012, 1 conducted a Compliance Evaluation Inspection at the
Spruce Pine Water Treatment Plant (WTP). The facility was found to be in compliance
with permit NC0082767. Mr. Ray McCall with the Public Water Supply Section and Mr.
Russell Lankford were present during the inspection.
Enclosed is the inspection report containing important information for your review.
If you or your staff has any questions, please call me at 828-296-4500.
Sincerely,
Linda Wiggs
Environmental Senior Specialist
Enclosure
cc: Central Files
Asheville Files
S:\SWP\Mitchell\Wastewater\Municipal\82767 Spruce Pine WTP\SpruceWTP.CEI.LTR.Nov2012.doc
i
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One
NorthCaro/l
Phone:[phone]\FAX:[phone]cw NgturQ[l/ina
�Internet:www.naterguality.om

�i

United States Environmental Protection Agency
EPA/� Washington,D.C.20460 Form Approved.
OMB No.2040-0057
Water ompluanr Inspection Rpport 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 N I 2 1 51 31 NCO082767 111 121 12/11/28 117 18I C I 191 S I 20IU
Remarks
211111 11111111 11111111 1111111111111 II I I I I I I I I III6
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved----------------------
67 I 169 70131 71 I_I 72I N I 73 J_Iu'74 751 I I I I ( 1-1 80
Section B: Facility Data t
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)
Spruce Pine WTP 10:00 AM 12/11/28 11/07/01
200 Clearwater Rd Exit Time/Date Permit Expiration Date
Spruce Pine NC 28777 11:30 AM 12/11/28 16/02/29
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Official/Title/Phone and Fax Number
_ Richard Canipe,PO Box 189 Spruce Pine NC 28777//828-765-3000/8287653014 ContactedNo
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Operations&Maintenance E Records/Reports Self-Monitoring Program
Sludge Handling Disposal Facility Site Review 0 Pretreatment Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Linda S Wiggs 1/Vo" ARO WQH828-296-4500 Ext.4653/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont.)
3 NCO082767 111 12I 12/11/28 117 18I CI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Site visit with Ray McCall (Public Water Supply). Russell Lankford (WTP Superintendent)was present for
inspection.
The Water Treatment Plant (WTP) maintains a wastewater permit in case a discharge to the stream is
needed. Regardless, the WTP plans to continue to discharge their wastewater to the Town's Wastewater
Treatment Plant (WWTP).
The WTP will be adding a raking system this year for sludge/solids management. This will allow them to
deliver more consistent and controlled amounts of solids to the WWTP.
An attempt to visually locate the effluent pipe at the stream was made to no avail. Inspector suggested they
schedule a discharge event with dye in order to locate the pipe at the stream.
Page# 2

Permit: NCO082767 Owner-Facility: Spruce Pine WTP
Inspection Date: 11/28/2012 Inspection Type: Compliance Evaluation
Operations &Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ D D D
Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids,pH, DO,Sludge D D D ■
Judge, and other that are applicable?
Comment: The facility maintains the NCO082767 permit in case future or emergency
discharges are necessary. The facility currently discharges to the Town's WWTP. A
DWQ letter dated July 31, 2006 waives DMR submittal; if or when any discharge to
stream resumes, the discharge would need to be monitored according to the NPDES
permit.
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? D D ■ D
Is the facility as described in the permit? ■ D 11 D
#Are there any special conditions for the permit? ■ D 0 D
Is access to the plant site restricted to the general public? ■ D D D
Is the inspector granted access to all areas for inspection? ■ D D D
Comment: See above comment on waiver.
Effluent Sampling Yes No NA NE
Is composite sampling flow proportional? D D ■ Cl
Is sample collected below all treatment units? D D ■ D
Is proper volume collected? I_'I n ■ D
Is the tubing clean? D ❑ ■ D
#Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? D D ■ D
Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ❑ D ■ D
Comment: If or when any discharge to stream resumes, the discharge will need to be
monitored according to the NPDES permit. See comments above.
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? D ■ D D
Are the receiving water free of foam other than trace amounts and other debris? ■ D D D
If effluent (diffuser pipes are required) are they operating properly? D D ■ D
Comment: The effluent pipe was not located. Facility will attempt to locate effluent
pipe. It was suggested to locate pipe by using dye. Contact DWQ when dye is used in
anticipation of concerned citizen phone calls.
Page# 3

'' ,
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_,�

NCDE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 4,2012
Steven M. Witte
19 Split Rail Place
Woodlands, Texas 77382
Subject: 401 Water Quality Certification -Approval
Witte Shoreline Stabilization—Lot I I I
DWQ Project#20121046
Burke County
CT1330/Catawba River(Lake James)/ 11-(23)I Class WS-V; B
Dear Mr. Witte:
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 25O linear feet 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 3898. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including(but not limited to)Erosion and Sediment
Control and Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Waters 250 (linear feet) Plan Sketch
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] 1��One
Internet:www.ncwaterquality.org NOrthCwrofina
An Equal Opportunity 1 Affirmative Action Employer ��

Steven M.Witte
December 4,2012
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at
[phone].
Sincerely, '
�fZZ
U'
for Charles Wakild, P.E.,Director
CW/khb
Enc: GC3898
Certificate of Completion
cc: Peter Minter,Burke County
USACE Asheville Regulatory Field Office
WBSCP Unit—Central Office
File Copy
S:\SWP\Burke\401s\Non-DOT\Witte.LakeJames\Witte.121046.124-2012.Apvl.doc

Ai. •+'f
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 5,2012
Mr.J.J. Swain,Jr.,P.E.
Division 13 Engineer
N.C.Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspection
TIP No. B-5113C
Bridges 352 and 353
Burke County
Dear Mr. Swain:
On November 21,2012,I inspected the construction work on TIP Project No. B-5113C,NCSR 1874, in Burke
County. The inspection included a review of the construction and compliance with the 401 Water Quality
Certification.
Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are
performed as required to protect State surface waters. Also,please refer to the attached inspection 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
Attaclunent
cc: Cole Hood, PE
Roger Bryan,Division 13,DEO
Ben DeWitt,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
B-5113C NCSR 1874 November 2012 Inspection Letter
SURFACE WATER PROTECTION SECTION-Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone]\FAX:[phone] One
Internet:www.ncwaterauality.orq NorthCarohna
An Equal Opportunity!Affirmative Action Employer Awtr ally

Site Inspection Report
Site Number: WT000490
Site Name: B-5113C
Site Address: Po Boox 3279
County: Burke Region: Asheville
Directions:
Latitude: Longitude:
Site Owner Name: NCDOT Division 13
Inspection Date: 11/21/12
Reason for Inspection: Routine
Inspection Type: Site Inspection(DOT)
Inspection Contact Person: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: E Compliant n Not Compliant )
Program Area: 401 (includes isolated/non-404)
Question Areas:
E Permit(401 WQC)
Inspection Summary:
Construction was complete on the first bridge except for some minor work.
Sediment and erosion control measures appear to be working properly.
Continue to maintain sediment and erosion control devices.
Seed and mulch all bare areas as required.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n n n
Are the culverts and/or filled areas installed properly? n n n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n n n
Comment:
Page: 1

AMAW
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 5, 2012
Mr.J.J. Swain,Jr.,P.E.
Division 13 Engineer
N.C.Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspection
DWQ Project 10-1017
TIP No.U-2550B
NC Highway 18 @ I-40
Burke County
Dear Mr. Swain:
On November 21,2012,I inspected the construction work on TIP Project No.U-2550B,NC Highway 18 at
Interstate 40 in Burke County. The inspection included a review of sediment and erosion control measures and
compliance with the 401 Water Quality Certification.
Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are
performed as required to protect State surface waters. Also,please refer to the attached inspection 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: Brian C. Skeens,PE
Roger Bryan,Division 13,DEO
Ben DeWitt,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
R-2550B NC Highway 18 @ I-40 November 2012 Inspection Letter
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
www,ncwatemuality.org NorthCarollna
An Equal Opportunity t Affirmative Action Employer vIdUM4

Wetland Inspection Report
Project Num: 20101017 Version: 1 Status: Issued
Project Name: NCDOT-NC 18(U-2550B) Project Type: Road maintenance/repair/improvements
County: Burke Region: Asheville
Location: NCDOT-NC 18(U-2550B)
Latitude: Longitude:
SW Plan Location:
Site Owner Name: NC DOT PDEA
Inspection Date: 11/21/2012
Reason for Inspection: Routine
Inspection Type:Site Inspection (DOT)
Inspection Contact Person: Title: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: E Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
Looked at all construction activities on project.
Sediment and erosion control structures appear to be working properly.
Continue to maintain sediment and erosion control measures.
Seed and mulch all bare areas as required.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n n n
Are the culverts and/or filled areas installed properly? n n n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n n n
Comment:
Page: 1

�1
A
1�I"A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 5, 2012
Mr. J.J. Swain,Jr.,P.E.
Division 13 Engineer
N.C. Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspection
TIP No.B-4046
Bridge No.38
NCSR 1901 Wards Gap Road
Burke County
Dear Mr. Swain:
On November 21,2012,I inspected the construction work on TIP Project No.B-4046, on NCSR 1901 (Wards
Gap Road). The inspection included a review of the construction project and compliance with the 401 Water
Quality Certification.
Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are
performed as required to protect State surface waters. Also,please refer to the attached inspection 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: Brian Skeens,PE
Roger Bryan, Division 13,DEO
Ben Dewitt,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
B-4046 NCSR 1901 November 20121nspection Letter
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] �R�
Internet:www.ncwatemuality.om NorthCarohna
An Equal Opportunity!Affirmative Action Employer ltW11 M>�"�,�1�

Site Inspection Report
Site Number: WT000489
Site Name: B-4046
Site Address:
County: Burke Region: Asheville
Directions:
Latitude: Longitude:
Site Owner Name: NCDOT-Pdea
Inspection Date: 11/21/12
Reason for Inspection: Routine
Inspection Type: Site Inspection(DOT)
Inspection Contact Person: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
Bridge project is almost complete.
Sediment and erosion control measures appear to be working properly.
Continue to maintain sediment and erosion control measures.
Seed and mulch as required.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ❑ 0 Cl
Are the culverts and/or filled areas installed properly? ❑ ❑
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ❑ n 0
Comment:
Page: 1

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 5,2012
Mr.J. B. Setzer,P.E.
Division 14 Engineer
N.C.Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection
NC Highway 107
TIP No.B-3480
Jackson County
Dear Mr. Setzer:
On December 4,2012,I inspected the construction work for the new bridge over the Tuckasegee River on
NCSR NC Highway 107 in Jackson County. The contractor is continuing to work on new bridge piers and
bents. Sediment and erosion control structures appear to be maintained and working properly.
Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are
performed as needed to protect State surface waters. A copy of the inspection report is attached to this letter.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: Mitchell Bishop,PE
Mark Davis,Division 14,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
(Setzer)NC Highway 107 B-34801nspection Letter December 2012
`l SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa.NC 28778-8211
Phone:[phone] FAX:[phone] One
www.ncwatemuality.ora NOrthCarohna
An Equal Opportunity i Affirmative Action Employer NjrAy 11Y

Site Inspection Report
Site Number: WT000784
Site Name: B-3480
Site Address:
County: Jackson Region: Asheville
Directions: NC Highway 107 approximatelly three miles south of Culowhee
Latitude: Longitude:
Site Owner Name: NCDOT
Inspection Date: 12/04/12
Reason for Inspection: Routine
Inspection Type: Site Inspection(DOT)
Inspection Contact Person: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
Reviewed project site with NCDOT Inspector.
The two bents near the river appear to be complete and contractor was working on the end bents.
Sediment and erosion control measures appear to be working properly.
Seed and mulch all bare soil areas as required.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? 0 n n
Are the culverts and/or filled areas installed properly? n n n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n n
Comment:
Page: 1

OO
Z4A jYA
,L,)r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 5,2012
Mr.J.B. Setzer,P.E.
Division 14 Engineer
N.C.Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection-NCSR 1533
TIP No.B-4291
Transylvania County
Dear Mr. Setzer:
On December 4,2012,I inspected the construction work for the new bridge over the Davidson River on NCSR
1533 in Transylvania County. Work is continuing on the new bridge and approaches. Sediment and erosion
control structures appear to be maintained and working properly.
Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are
performed as needed to protect State surface waters. A copy of the inspection report is attached to this letter.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Aaron Powell,PE
Mark Davis,Division 14,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
(Setter)NCSR 1533 B-4291 Inspection Letter December 2012
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] t FAX:[phone] One
www.ncwateraualitv.org North C rollna
An Equal Opportunity!Affirmative Action Employer Natu alloff

Site Inspection Report
Site Number: WT000782
Site Name: B-4291
Site Address:
County: Transylvania Region: Asheville
Directions:
Latitude: Longitude:
Site Owner Name: Thorpe,Gregory J.
Inspection Date: 12/04/12
Reason for Inspection: Routine
Inspection Type: Site Inspection(DOT)
Inspection Contact Person: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
New bridge has been constructed and contractor is grading site and working on bridge approaches.
Seeding and mulching are scheduled for second week in December.
Sediment and erosion control measures appear to be working properly.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n n n
Are the culverts and/or filled areas installed properly? n n n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? fl n n
Comment:
f�
J
Page: 1

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 5,2012
Mr.J. B. Setzer,P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection-NCSR 1112
Chambers Farm Road
TIP No.B-3187
Haywood County
Dear Mr. Setzer:
On November 26,2012,I inspected the construction work for the new bridge over the West Fork Pigeon River
on NCSR 1112(Chambers Farm Road)in Haywood County. Most of the work on the new bridge has been
completed except for minor construction items. Sediment and erosion control structures appear to be
maintained and working properly.
Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are
performed as needed to protect State surface waters. A copy of the inspection report is attached to this letter.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Mitchell Bishop,PE
Mark Davis,Division 14,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
(Setter)NCSR 1112(Chambers Farm Road)Inspection Letter November 2012
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Internet:www.ncwaterauality.ora NorthCarohna
An Equal Opportunity!Affirmative Action Employer Alt1/yt lly

Site Inspection Report
Site Number: WT000188
Site Name: B-3187 NCSR 1112 Chambers Farm Road
Site Address:
County: Haywood Region: Asheville
Directions:
Latitude: Longitude:
Site Owner Name: NCDOT-Division 14
Inspection Date: 11/26/12
Reason for Inspection: Routine
Inspection Type: Site Inspection(DOT)
Inspection Contact Person: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
0 Permit(401 WQC)
Inspection Summary:
Work has almost been completed on new bridge.
Construction crews were working on completing minor items at the bridge.
The stormwater drainage system must be constructed so that there is not a direct discharge to surface waters.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ❑ 0
Are the culverts and/or filled areas installed properly? ■ 0 0 0
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ❑ 0
Comment:
Page: 1

44
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 5,2012
Mr.J. B. Setzer,P.E.
Division 14 Engineer
N.C.Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection
NCSR 1100
Crawford Creek Road
TIP No. B-3657
Haywood County
Dear Mr. Setzer:
On November 26,2012, I inspected the construction work for the new bridge over Crawford Creek on NCSR
1100(Crawford Creek Road)in Haywood County. It appears that the construction work on the new bridge has
been completed. Sediment and erosion control structures appear to be maintained and working properly.
Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are
performed as needed to protect State surface waters. A copy of the inspection report is attached to this letter.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: Mitchell Bishop, PE
Mark Davis,Division 14,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
(Setzer)NCSR 1100(Crawford Creek Road)Inspection Letter November 2012
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] � �
Internet:www.ncwaterouality.org N01 fiCarohna
An Equal Opportunity!Affirmative Action Employer Nate ria f

Site Inspection Report
Site Number: WT000524
Site Name: B-3657 NCSR 1100
Site Address:
County: Haywood Region: Asheville
Directions:
Latitude: Longitude:
Site Owner Name: NCDOT Division 14
Inspection Date: 11/26/12
Reason for Inspection: Routine
Inspection Type: Site Inspection(DOT)
Inspection Contact Person: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: E Compliant n Not Compliant )
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
Project appears to be complete.
Recommend matting small slope on right side of roadway adjecent to bridge to prevent slope from eroding.
Area has been seeded and mulched.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n n n
Are the culverts and/or filled areas installed properly? n n n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n n n
Comment:
Page: 1

=�A�Lj
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
- Charles Wakild, P. E.
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
December 5, 2012
Michael and Marci Ciochina
44 Camille Lane
Leicester,NC 28748
Subject: Notice of Violation and Recommendation for Enforcement
NOV-201 1-CV-0005
Incident Closure
Buncombe County
Dear Mr. and Mrs. Ciochina:
The Division of Water Quality(DWQ)performed a site visit on December 4,2012 along with
Tasha McCormick of the US Army Corps of Engineers,related to the Notice of Violation and
Recommendation for Enforcement NOV-2011-CV-0005.
DWQ has reviewed the impoundment reconstruction work performed which has satisfactorily
resolved the violations noted in the subject Notice of Violation and Recommendation for
Enforcement. No further work should be performed on the impoundment nor the surrounding
waters,without prior contacting both this office and the US Army Corps of Engineers.
I appreciate your attention in this matter. Should you have any questions regarding these matters,
please contact Kevin Barnett at(828)296-4657 or kevin..barnettkncdenr. ov .
Sincerely
0�
Kevin Barnett
Environmental Specialist
Surface Water Protection Section
cc: Karen Higgins—WBSCP Unit
Buncombe Planning
ARO File Copy
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOIt11CaTO11Ila
Phone: 29 FAX:[phone] �aturQ���
Internet:: www.ncwancwa#erquality.org
An Equal Opportunity;Affirmative Action Employer

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P. E.
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
December 5, 2012
Patricia A. Dekret
PNC Bank,N.A.
Two PNC Plaza
620 Liberty Avenue
Mailstop: P2-PTPP-18-4
Pittsburgh, PA 15222
Subject: Notice of Violation and Recommendation for Enforcement
Hesselbirg Property at 397 Sunny Lane, Franklin
NOV-2011-SS-0025
Incident Closure
Macon County
Dear Ms. Dekret:
The Division of Water Quality(DWQ)performed a site visit on November 20, 2012 related to the
Notice of Violation and Recommendation for Enforcement NOV-201 1-SS-0025.
DWQ has reviewed the site stabilization work performed which has satisfactorily resolved the
violations noted in the subject Notice of Violation and Recommendation for Enforcement.
I appreciate your attention in this matter. Should you have any questions regarding these matters,
please contact Kevin Barnett at(828) 296-4657 or kevin.barnett(c)ncdenr.gov ..
Sincerely,
r
Kevin Barnett
Environmental Specialist
Surface Water Protection Section
cc: Karen Higgins—WBSCP Unit
Macon County Planning
ARO File Copy
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna
Phone: 6-45001 FAX:82&299-7043 Naturallb"
Internet:: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

/��1

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 6,2012
Robert E. Dugan
Sherwood Forest Homeowners Association, Inc.
One Rankin Avenue
Asheville,North Carolina 28801
Augustus Napier, Chair
626 Oriole Road
Brevard,North Carolina 28712
Subject: 401 Water Quality Certification-Approval
Trout Lake Excavation
DWQ Project#20121065
Transylvania County
FRBO 1 /Little River(Cascade Lake)/6-3 8-(1)/ Class C; Tr
Dear Messrs. Dugan and Napier:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 0.275 acres of open waters for the purpose of
sediment removal at the subject property. This approval requires you to follow the conditions listed in the
attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3883. This Certification allows
you to use Nationwide Permit 3 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including(but not limited to) Erosion and Sediment Control and Trout Buffer
regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] One
Internet:www.ncwaterquality.org NorthCarohna
An Equal Opportunity!affirmative Action Employer
Naturll4

Sherwood Forest Homeowners Association,hie.
December 6,2012
Page 2 of 2
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Waters 0.275 (acres) temporary
Additional conditions
1. Turbidity Standard
The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15
A NCAC 213. .0200. Appropriate sediment and erosion control practices must be used to meet this standard.
2. Notification of Construction
72 hours prior to beginning construction, Kevin Barnett shall be notified at 828-296-4657.
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
[phone].
Sincerely,
X
for Charles Wakild,P.E.,Director
CW/khb
Enc: GC3883
Certificate of Completion
cc: Transylvania County Planning
Grey Hauser,NCDEMLR
David McHenry,NC Wildlife Resources Commission
USACE Asheville Regulatory Field Office
WBSCP Unit—Central Office
File Copy
S:\S WP\Transylvania\401 s\Non-DOT\SherwoodForestHOA.TroutLake\SherwoodForestHOA.TroutLake.Appvl.121065.12-5-2012.doc

A��
RcQERR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman
Governor Director Secretary
December 7,2012
MEMORANDUM
TO: Josh Deyton,Division 14 Bridge Manager,NCDOT
FROM: Michael R. Parker,NCDWQ,Asheville Regional Office All
SUBJECT: Division 14 2012 Bridge Replacement Program Scoping Review Comments
In reply to your request,the NCDWQ offers the following comments for the projects listed below:
Proiect Specific Comments
740029 Bridge No.29 over the South Branch of Little Whiteoak Creek,NCSR 1528,Polk County
1. The South Branch of Little Whiteoak Creek is classified as C waters.
2. NCDWQ has no specific comments for this project.
370114 Bridge No. 114 over Stecoah Creek,NCSR 1237,Graham County
l. Stecoah Creek is classified as C-trout waters. 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 04B .0124]throughout design and
construction of the project.
General Comments Retarding 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.
SURFACE WATER PROTECTION SECTION-Asheville Regional Office One
2090 U.S.Highway 70,Swannanoa,North Carolina 28778-8211 NOrthCarohna
Phone:er 8-296-4500 Service:
FAX:[phone] ll `rlrR�jl�J
Customer Service:l-877-623-(i748 l
Internet:www.ncwaterquality.org
An Equal Opportunity i Affirmative Action Employer

3. Any Bridge considered a Low Impact Bridge Project 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.
6. . Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge
Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water
Quality Certification.
7. 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.
r' 1
(2)

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
Mark Davis,NCDOT,Division 14 Environmental Officer
Marla Chambers,NCWRC
Transportation Permitting Unit
NCOT 2012 Bridge Replacement Program Scoping Comments Division 14
(3)

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