NC0020451_Permit (Modification)_19970305

NPDES DOCUWEMT SCANNIN& COVER SHEET
NPDES Permit:
NC0020451
West Jefferson WWTP
Document Type:
Permit Issuance
Wasteload Allocation
Authorization to Construct (AtC)
(
Permit Modification
Speculative Limits
Correspondence
Re:
Instream Assessment (67B)
Environmental Assessment (EA)
Permit
History
Document Date:
March 5, 1997
Tlzia do M=Ma] t 10 print --& on reXXse paper - ignore any
coriterst on tine revex-ma aside

4w State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. John Watson, Acting Town Manager
Town of West Jefferson
P.O. Box 490
West Jefferson, North Carolina 28694
Dear Mr. Watson:
A&
IDEHNR
March 5, 1997
Subject: NPDES Permit Modification
Permit No. NCO020451
Town of West Jefferson WWTP
Ashe County
The Division is in receipt of your request to modify NPDES Permit No. NCO020451 issued August 23,
1996. Specifically, Mr. Michael Dixon (former Town Manager) requested that the mercury limit placed in the
permit for the wastewater treatment plant permit be removed. As members of my staff had discussed with Mr.
Dixon, such a decision would be based on the results of effluent sampling data. Data collected during the
months of June and July of 1996 indicated that there exists a reasonable potential for mercury being discharged
from the Town of West Jefferson WWTP to cause a water quality standard violation in the receiving stream.
DATA SUMMARY
Date Effluent Concentration Comments
June 3, 1996 0.2 µg/l {Note that the limit for each of
July 12, 1996 0.27 µg/l these samples is 0.025 µg/l.. Also,
July 29, 1996 0.35 µg/l note that the laboratory detection
limit is 0.2 µg/l.)
As discussed with Mr. George Smith of the Winston-Salem Regional Office last week, mercury samples
can be contaminated if proper care is not excercised in sample collection and laboratory analysis. It is suggested
that the Town of West Jefferson adopt a policy of "confirming positives". That is, the town may want to work
with their commerical laboratory to arrange a contingency plan whereby the sample is run in duplicate and
triplicate after the initial sample analysis result indicates a mercury value above the laboratory detection limit.
The duplicate and triplicate samples should only be run after the laboratory equipment is fully re -calibrated. It is
also recommended that field and laboratory blanks be analyzed to ensure contamination of sample equipment is
not occurring. You should contact your laboratory regarding these procedures. Finally, it has come to the
attention of the Division that some NPDES permit holders have been using acid to preserve the samples collected
which is not certified acid -free. If this is the case in West Jefferson, this is another avenue to investigate.
As members of my staff have discussed with Mr. Dixon, the Division must treat all data as accurate until
a source of error is found. Therefore, the Town of West Jefferson has agreed to perform a public education
program to inform users of the importance of proper disposal of mercury -containing products. To date, the
Division has not been informed of the progress towards developing such a program. Please submit a progress
report to Mr. David Goodrich at the address below as soon as a program is developed. If you have any
questions regarding this permit, please contact Mr. Goodrich at (919)-733-5083, extension 517.
Sincerely,
Preston Howard, Jr., E.
cc: Central Files
Winston-Salem Regional Office,Water Quality Section/George Smith
Permits & Engineering Unit (Permit File)
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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COPY
STATE OF NORTH CAROLINA
COUNTY OF ASHE APR 30
1 51 Ph '56
TOWN OF WEST JEFFERSON, fir.
VS.
N. C. DEPARTMENT OF ENVIRONMENT,
HEALTH AND NATURAL RESOURCES,
DIVISION OF ENVIRONMENTAL MANAGE-
MENT,
Respondent
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
95-EHR-1455
CONSENT ORDER
THIS MATTER coming on to be heard before the undersigned and it appearing that, prior to the calling of
the case for hearing, the Court was advised that the parties have compromised and settled their disagreements.
according to a plan outlined in that certain letter, dated 22 April 1996, from A. Preston Howard, Jr., P. E., a copy of
which is hereto attached as Exhibit "A", providing in pail that continuing tests by the Petitioner remain satisfactory
through 30 June 1996; and that, if such results remain satisfactory and Petitioner begins a mercury education
program, targeting as many potential sources of the substance as possible, no further proceedings will be needed or
required to resolve this contested case. Counsel for the parties also agree that the heretofore ordered mediation need
not be conducted.
IT IS NOW, THEREFORE, ORDERED by and with the consent of the parties that this matter be removed
from the docket for hearing until and including the 31 st day of July, 1996. If said test results remain satisfactory
through said date, and the Respondent has modified the permit as envisioned in Exhibit "A", counsel for the
Petitioner will file a Notice of Withdrawal of Petition in this matter.
This 3t/A day of April, 1996.
� c
Fred G. Morrison, Jr.
Senior Administrative Law Judge
VANNOY & REEVES - ATTORNEYS AT LAW - P.O. DRAWER 67 - WEST JEFFERSON, NORTH CAROLINA 28694 - [phone]

PAGE TWO
CONSENTED TO:
VANNOY & REEV.
Jimmy D. Reeves
P. 0. Drawer 67
West Jefferson, NC 28694
[phone]
ATTORNEYS FOR PETITIONER
Anita L. Qui;less
Assistant Attorney General
ATTORNEY FOR RESPONDENT
VANNOY & RmEs - ATTORNEYS AT LAW - P.O. DRAWER 67 - WEsr JEFFERSON, NORTH CAROLINA 28694 - (910) 246-7I 72

L�lI I ram. 11! r.v VI 17 r-J.'F -L :x-I 1 Q - I f r./IIh
State. of North Carolina
Department of Environment,
Health and Natural Resources
Et Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
EXHIBIT "A"
April 22, 1996
Mr. Michael Dixon, Town Manager
Town of West Jefferson
P.O. Box 490
West Jefferson, North Carolina 28694
Dear Mr. Dixon:
Subject: Proposed Settlement to Adjudication
and Permit Modification
Town of West Jefferson YATP
NPDES Pcrtrut No. NCO020451
Ashe County
In response to the Petition for a Contested Case Hcaring (File No. 95 REA 1455) filed on
December 11, 1995, the following outlines the modifications the Division is wilting to make to the
above -referenced permit, based on discussions between yourself and Ms. Coleen Sullins of my staff.
As discussed with George Smith, David Goodrich, and Ms. Sullins at a March 29, 1996
meeting, the Division is willing to allow West Jefferson six.months to investigate sources of mercury in
the sewer collection system. During that time, West Jefferson will only need to monitor for mercury in
their effluent. The town will also begin a mercury education program, targeting as many potential
sources of the substance as possible. Please submit a copy of the educational program to Ms. Coleen
Sullins and Mr. George Smith when it is ready to be distributed to the public.
As discussed in the March meeting, the development of permit limits for toxic substances is
based on a determination of whether reasonable potential exists that the pollutant of concern may be
discharged in quantities which would result in a violation of the water quality standard in the receiving
water. Therefore, after six additional months of data collection, the need for a limit will be
reconsidered. However, as a result of the low allowable concentration of mercury, please note that any
positive value may result in imposition of a limit for the foreseeable future. If the data do not indicate
any mercury in the effluent, the Town of Jefferson may submit a written request for a minor
modification of this permit (along with a $100 fee) and the Division will remove the liar t from this
permit.
Please note the attached effluent sheet and cover sheet should be placed in your pemut and the
old ones discarded. All other terms and conditions contained in the original pennit remain unchanged
and in full effect. These modifications are issued pursuant to the requirements of North Carolina
General Statute ' 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S.
Environmental Protection Agency dated December 6, 1983.
If this proposed settlement is agreeable to you, please complete the attached withdrawal of
adjudication form and send it to the Office of Administrative Hearings at the following address:
P.Q. 13ox 29535, Raleigh, North Carolina 27625.0535 Telephone [phone] FAX [phone]
An Equal Opportunity Atiirmative Action Emplcyar 5o°4 recycled/ 10% post -consumer paper

Post Office Drawer 27447
Raleigh, North Carolina 27611-7447
If you have any questions or comments regarding this matter, please contact Ms. Coleen Sullins at
(919).733-5053, extension 550 or Mr. David Goodrich at extension 517.
Sincerely,
Preston oward, J7,P..
c�:: Central Files
George Smith, Winston-Salem Regional Office
Atxita Quigless, Attorney General's Office
NPDES Permit File
Coleen Sullins
Facility Assessment Unit
Aquatic Survey and Toxicology Group

State of North Carolina
Department of Environment,
Health and -Natural Resources
Water Pollution'Control System Operators
Certification Commission
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Steve W. Tedder, Chairman
July 16, 1996
Ar4i r�
rn
Gregrey M Taylor F
Town of West Jefferson —{_-
P O Box 490
West Jefferson, N C 28694
c�
Subject: Classification of Water Pollution Control Systems
Town of West Jefferson WWTP w
Permit No. NCO020451
Ashe County
Dear Mr. Taylor:
In accordance with North Carolina General Statute § 90A-37, the Water Pollution
Control System Operators Certification Commission is required to classify all water
pollution control systems. The Rating Scale for Classification of Wastewater Treatment
Facilities, found at 15A NCAC 8C .0002, was adopted by the Commission to classify
wastewater treatment facilities. The rating scale assigns points to each component of the
treatment process. The classification of a facility is determined by the total number of
points for all components of the treatment process.
The classification of the subject facility was reviewed at the request of the Winston
Salem Regional Office during the permit renewal process. A copy of the rating sheet is
attached. The Water Pollution Control System Operators Certification Commission hereby
classifies the subject facility as indicated below:
FACILITY NAME
Town of West Jefferson
PERMIT NUMBER
NCO020451
CLASSIFICATION
Class III
As required by 15A NCAC 8A .0202 and your permit, you are required to
designate an Operator in Responsible Charge (ORC) of the appropriate type and grade for
the subject facility. Your facility requires a Class III or higher Wastewater Treatment Plant
Operator. Our records indicate that Butch Howell Grade IV has been designated as ORC of
this facility. This operator is qualified to continue acting as the ORC of this facility. If our
records are not accurate, or a change in the ORC is required due to this reclassification,
please complete and return the enclosed form by August 20, 1996. Failure to designate a
properly certified operator and back-up operator by the above date constitutes a violation of
the permit issued for this facility.
P.Q. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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If you have any questions concerning this classification or the designation of an
ORC, please contact Barry Huneycutt or Dwight Lancaster at the number listed below.
Sincerely,
Ronald E. Ferrell, Supervisor
Technical Assistance and Certification Group
Enclosures
cc: 4Permits•and-Engineering)
Central Files
Winston Salem Regional Office

MICHAEL F. EASLEY
ATTORNEY GENERAL
ed f{ST/iA
Reply to:
State of North Carolina
Deparin-ierit of justice
R.Q. BOX 629
RALEIGH
27002-0EV9
151DILTALBIM, a nu 1
Anita LeVeaux Quigless
Environmental Division
Tel: [phone]
FAX: [phone]
TO: A. Preston Howard, Jr., P.E.
Coleen Sullins } ` ^
Dave Goodrich dg yt'-�—' pt�,� ,ram_ � w a5 l l s—kd(
Carolyn McCaskill
Larry Coble
FROM: Anita LeVeaux Quigless
Assistant Attorney General
DATE: February 26, 1996
RE: Permit No. NCO020451 issued to Town of West Jefferson
A petition for a contested case hearing was filed in the aforementioned matter and
accepted by the Office of Administrative hearing in December of 1995. This matter has been
scheduled for hearing on May 6, 1996. Senior Administrative Law Judge, Fred G. Morrison has
been designated to preside over this matter. Judge Morrison has asked that this case be mediated
and W. Thomas White has been designated to mediate this matter as per the attached document.
The Mediator will schedule a time and place for the conference. Please designate an
individual who will act as a representantive for the division in this matter and will attend the
negotiations. This individual should be authorized to negotiate a settlement as well as capably
responding to the allegation raised by the Town of West Jefferson that the mercury limitation is
unreasonable. Please have the representantive contact me as soon as possible. Thanks.
An Equal C7[)[�ortuniiy / Affirmative Action Employer Q�R

NORTH CAROLINA ��, �� BEFORE THE OFFICE OF
WAKE COUNTY (jws0 ADMINISTRATIVE HEARINGS µ
IN THE MATTER OF NPDES V5W06t} �������®
PERMIT NO. NC0020451, } �i
TOWN OF WEST JEFFERSON ) P E T I T I O N
WWTP ASHE COUNTY, ) DEC 18 1995.
N.C. MIUKNEY GENERAt-
Environmental Division
NOW COMES THE Town of West Jefferson, pursuant to the provisions
of Chapter 150B of the North Carolina General Statutes, and respectfully
shows unto the Office of Administrative Hearings the following:
-I-
On or about 28 September 1993, the Town of West Jefferson filed an
application'for discharge for its wastewater treatment plant with the Office
of the State of North Carolina Department of Environment, Health and
Natural Resources, Division of Environmental Management.
-2-
By a letter dated 15 November 1995, signed by David A. Goodrich for
A. Preston Howard, Jr., P. E. , the above -identified permit was sent to
the Town of West Jefferson.
-3-
Among the effluent limitations and monitoring requirements contained
within the permit is a maximum daily discharge limitation for mercury of
0.025 parts per billion.
-4-
Your petitioner is informed and believes, and thereupon avers, that
of the methods approved for the measuring of mercury by the
Environmental Protection Agency, none are presently available which will
record a measurement of below .0002 parts per million.
a�
!/ ' VANtioY & REEVES - ATTORNEYS AT LAW - P. O. DRAWER 67 - WEST JEFFERSON, NORTH CAROLINA 28694 - PH. 246-7172

PAGE TWO
-5-
Your petitioner is informed and believes, and thereupon avers, that
current laboratory procedures which attempt to detect a particular analyte
at its detection limit are capable of being influenced by many factors, e.g.
instrument measuring capability, power supply continuity and technician
experience, to the end that the reporting of a result greater than 0 with a
99% confidence, as required by 40 CFR 136.2(f), is extremely difficult,
and sometimes impossible, to do.
Your petitioner is informed and believes, and thereupon avers, that
the aforesaid extremely low discharge limitation for mercury will prevent
the Town from complying with said discharge permit, and that the Division
of Environmental Management has substantially prejudiced the petitioner's
rights in that, among other things:
(a)
It
has
exceeded its authority or jurisdiction;
(b)
It
has
acted erroneously;
(c)
It
has
failed to use proper procedure;
(d)
It
has
acted arbitrarily or capriciously; and
(e)
It
has
failed to act as required by law or rule.
WHEREFORE, your petitioner respectfully requests that the action of
the Division of Environmental Management be amended and that the effluent
limitation and monitoring requirements in the aforementioned permit be
changed to not less than .0002 parts per million for the mercury discharge
limitation, and for such other and further relief as to the Office of
Administrative Hearings may seem just and proper.
VANNOY & REEVES - ATTORNEYS AT LAW - P. O. DRAWER 67 - WEST,JEFFERSON, NORTH CAROLINA 28694 - PH. 246-7172

PAGE THREE
This 11th day of December, 1995.
VANNOY & REEVES
By:
/�--
�immy D . Reeves
P. O. Drawer 67
West Jefferson, N. C. 28694
[phone]
VANNOT & REEVES - ATTORNEYS AT LALV - P. O. DRAR'£R 67 - WEST,JEFFERSON, NORTH CAROLINA 28694 - PH, 246-7172

PAC.F. FOITR
NORTH CAROLINA
ASHE COUNTY
This day personally appeared before the undersigned Notary Public,
in and for said County and State, Michael Dixon, West Jefferson Town
Manager, who, first being duly sworn, says:
That he has read or heard read the foregoing Petition and the same
is true of his own knowledge, except as to those matters stated therein
upon information and belief, and as to these, he believes it to be true.
r
AFFIANTR'T—� / v
Subscribed and sworn to before me this llth day of December, 1995.
NOTARY PUBLIC -
My Commission Expires:,,
'S,�
VANNOY & REEVES - ATTORNEYS AT LAW - P. 0. DRAWER 67 - WEST JEFFERSON, NORTH CAROLINA 28694 - PH. 246-7172

PAGE FIVE
CERTIFICATE OF SERVICE
Undersigned certifies that the pleading or paper to which this
certificate is affixed was served upon the party(s) to this action
by hand delivery or by depositing a Copy of same, enclosed in a
first class, postpaid wrapper properly addressed to Jonathan B. Howes,
Secretary of the State of North Carolina Department of Environment,
Health and Natural Reseruces, Division of Environmental Management,
P. O. Box 29535, Raleigh, North Carolina 27626-0535, and A. Preston
Howard, Jr. , P. E. , State of North Carolina Department of Environment,
Health and Natural Resources, Division of Environmental Management,
P. O. Box 29535, Raleigh, North Carolina 27626-0535, in a post office or
official depository under the exclusive care and custody of the United
States Postal Service, is 12th day of December, 1995.
V A N N OY & BrEE�ES�
By: 4
_ I �.ero't�-rqon,
c
A orney for ToWest Jefferson
P. O. Drawer 67, West NC 28694 Tel.: [phone]
VANNOY & REEVES - ATTORNEYS AT LAW - P. O. DRAWER 67 - WEST,JEFFERSON, NORTH CAROLINA 28694 - PH. 246-7172

' .- .:Jz'•.r'+�•1t '. r .'.. ,pro .-.Ara-i •v—r, :'d"f.Lft pin'ir•
STATIr OF NORTH CAROLINA"_.F ":_ ` i ;�xl 1 z . _ �, : IN THE OFFICE OF'_:?; �t - r
"ADMINISTRATIVE HEARINGS
' COUNTY OF ' A -,h e FILE NO. 95 EHR 1455 -
- - -
TOWN OF= WEST 'JEFFERSON;
Petitioner, .R EC E V V ®: ) DESIGNATION =
} OF AIEDIATOR
V. :319
,BAN ) G.S.150B-23.1
N.0 - DEPARTMENT OF ENVIRONMEN.1 ,I�, 26 NCAC 03.0200
H E A L T H a n d N A T U R�.�, R EtS.�] UVb"E`S jr. `fJ S 10 Nj
OF ENVIR0NW ncf4&Nf§EF�;1 lri )
)
NE FOR COMPLETION OF MEDIATED SETTLEMENT CONFERENCE: ' / — + q — 7 6
NOTE TO ATMRNEYS: Petitioner's attorney should check and fill out only one of the three Sections.
[ ] SECTION 1 - SE TION OF CERTIFIED MEDIATOR BY AGREEMENT PURSUANT TO 26 NCAC 03.0202(a)
The above named come a§e was referred to a mediated settlement conference. The parties have selected the mediator named
below who has agreed to serve contested case and is certified pursuant to Rule 8 of the Supreme Court's Revised Rules of
Mediated Settlement Conferences (De ember I, 1993).
Name:
Address:
PD
Fc3 1 3 1u16
N.C. ATTORNEY GENERAL
Telephone No.: Cnvironmental Division
The parties and the mediator have agreed upon the mediator's rate of compensation as follow specify all terms of the
compensation agreement.)
[ ] SECTMIN, 2 - NOWNATION OF NON -CERTIFIED MEDIATOR PURSUANT TO 26 NCAC 03.0202(b)
The above n d case was referred to a mediated settlement conference. The parties nominate the non -certified mediator named
beiow to conduct med� lemeit conference. The mediator has agreed to serve and has agreed to mediate indigent cases
without pay.
Name:
Address:
Telephone No.:
The parties petition the presiding Administrative Law Judge to approve the nomination and
to mediate this case by virtue of the -following training, experience or other qualifications:
that the mediator is qualified
B-08 (02194)

p ^
- +•ram"
Y The parties snd�the htediatoi have agreed upon the mediator's rate of compensation as follows `. `~"`� `` ' •' ��"':.� �3=i:
r
of fire compensation agreement.)
IX I SECTION 3 - MOTION FOR APPOINTMENT OF CERTIFIED MEDIATOR PURSUANT TO 26 NCAC 03.0202(c)
The above named contested case was referred to a mediated settlement conference.
After a full and frank discussion, the parties have been unable to agree upon the selection of a mediator.
The parties move the Presiding Administrative Law Judge to appoint 'a certified mediator to conduct the mediated settlement
conference. Per telephone conference of 2/20/96.
This the�-21st day of—February
i�t Cti:,t . 44— 4 JLL�
Signature "' VV
Anita LeVeauX Quigiess
Please Print or Type Name
..N. C. DEPT.-OF JUSTICE
PO BOX 629, kLEIGH, NC 27602
Address
[phone]
Telephone
ORDER OF APPOINTMENT
[ j I . The selection of the certified mediator named in Section 1 of the Designation of Mediator form is acknowledged by the
presiding Administrative Law Judge and the mediator is authorized to conduct the settlement conference.
[ j 2. The nomination of the non --certified mediator named in Section 2 of the Designation of Mediator form is ( ) approved
-and the mediator is authorized to conduct the settlement; ( ) disapproved.
[ 3. The parties having reported their failure to agree upon the selection of a mediator, or the parties having failed to notify
,,,Oe presiding Administrative Law Judge of their selection or nomination of a mediator within 21 days after this contested
07tase was ordered to mediation, the presiding Administrative Law Judge appoints the following certified mediator to
conduct the mediated settlement coo}nference. y� � � j
�r u Name: W �Q Ii I/t� 7
q �Ijdress: ^ l'• t\ r! W _ �� 0�
Telephone No.:
-� a��o
The Mediator shall be responsible for reserving a place and making arrangements for the conference and giving timely notice to all attorneys
and unrepresented parties of the time and location of the conference. The mediated settlement conference shall be completed by the
completion deadline set forth above, and the mediator shall report the results of the conference to the presiding Administrative Law Judge
and to Chief Counsel John McArthur, PO Box 629, Raleigh, NC 27602-0629 pursuant to 26 NCAC 03.02")(4) within l D days after
the conference is completed.
This the d1 day of ,19
N.
Presiding Administrative Law Judge
EI—M (02l94)

i
A copy of the foregoing was mailed to:
Jimmy D. Reeves
Vannoy & Reeves
P.O. Drawer 67
West Jefferson, NC 28694
Attorney for Petitioner
Anita L. Quigless
Assistant Attorney General
N.C. Dept. of Justice
P.O. Box 629
Raleigh, NC 27602-0629
Attorney for Respondent
W. Thomas White, Esq.
P.O. Drawer 5129 -
Winston-Salem, NC.,27113
Mediator
This the �Jday of February, 1996.
Office of Administrative Hearings
Post Office Drawer 27447
Raleigh, North Carolina 27611-7447
919/733--2698

ICHAEL F. EASLEY
ATTORNEY GFINF tAL
f Reply to
State of North Carolina
D parimeni of Justic:c
P.O. BOX 629
RALEIGH
2 62-029
MEMORANDUM
TO: A. Preston Howard, Jr., P.E.
Coleen Sullins
Dave Goodrich
Carolyn McCaskill
Larry Coble
FROM: Anita LeVeaux QuigleW
Assistant Attorney General
DATE: March 15, 1996
RE: Permit No. NC0020451 issued to Town of West Jefferson
Anita LeVeaux Quigless
Environmental Division
Tel: [phone]
FAX: [phone]
This matter has been scheduled for hearing on May 6, 1996. Senior Administrative Law
Judge. Fred G. Morrison has been designated to preside over this matter. Judge Morrison has
asked that this case be mediated and W. Thomas White has been designated to mediate this
matter as per the attached document. W. Thomas White has scheduled this hearing for May 1,
1996, at 1:30 PM at his office, 380 Norwood Ave.. in Winston-Salem.
Please let me know who will act as a representative(s) for the division in this matter and
will attend the negotiations. This individual as I previously noted should be authorized to
negotiate a settlement as well as capably responding to the allegation raised by the Town of West
Jefferson that the mercury limitation is unreasonable. Please have the representative contact me
as soon as possible. As usual if you have any questions, please feel free to give me a call at- the
number set out above. Thanks.
Nn Equal opportunity / .\ffirn)a ive .-\ction Employer ��

RECEIVE®
ALLMAN SPRY LEGGETT & CRUMPLER, P. A. MAR , i 19%
ATTORNEYS AND COUNSELLORS AT LAW
N.C. ATTORNEY GENERAL~
380 KNOLLWOOD STREET, SUITE 700 Environmentai Division
WINSTON-SALEM, NORTH CAROLINA 27 1 03-41 52
TELEPHONE [phone]
FACSIMILE (910) 72 1-0414
MAILING ADDRESS;
PO DRAWER 5129
ZIP CODE 271 1 3-51 29
Our Tax I D. 't56-1529462
MEMORANDUM
TO: Jimmy D. Reeves, Esq. and Anita L Quialess, Esq.
FROM: W. Thomas White
DATE: February 29, 1996
RE: Mediation of Town of West Jefferson. Petitioner v. N. C. Department of
Environmental Health and Natural Resources Division of Environmental
N_1_ana2ement._Re_spondent;
Ashe Count, File No. 95 HER 1455
I have been designated as the mediator in the above case. Below you will find dates and times that i
am available to mediate this case. As these times mac be taken by other cases. I would appreciate your
contacting each other and then my secretary, Jill, to choose a time for mediation. If you can agree on two or
three dates, it would be helpful.
To assist you in preparation, i make the following suggestions:
1. Complete enough discovery so that you can properly evaluate your case before you come to
the mediation session.
?_ Discuss your evaluation thorouahly pith your client.
3. You may send to me in advance of the mediation a one -page summary of your contentions in
the case.
1. Prepare an estimate of your and your client's costs of proceeding to trial including attorney
fees, deposition costs, expert witness fees, etc.
5. If you feel it would be helpful to me in mediating your case, you may contact me ex pprte and
discuss ways I can assist you in resoiNin,= your case.
6. Brins a check for the payment of the mediator to the mediation session.
7. Make sure all damages documentation is provided to opposing counsel.
S. Make sure under -insured motorist insurance carriers are represented at the mediation.
fly office has excellent facilities in which to hold the conference.
I look forward to working with each of you and your clients in getting this matter resolved
SUGGESTED DATES: 3/11 P-M, 3/13 Ail, 3/14 AM, 3/15 Pi<I, 3/18 AM, 3/19 A.M. 3128 A.M.
4/IAM, 4/2 P_-M. 4/3 ANIMNI, 4/4ANi, 4/5, AkM/PNI, 4/8 ANVPNI, 4/15 A1, 1 PINI and 4/18 AM/PN1
DEADLINE FOR COMPLETION: April 19, 1996