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HomeMy WebLinkAboutBu. Co. Mosswood-Weiss SewerF WATF t, �, �=R Michael F. Easley, Governor Q William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director > a Division of Water Quality "j Asheville Regional Office SURFACE WATER PROTECTION'°-` December 12, 2006 i CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 1820 0002 9207 4076 7005 1820 0002 9207 4168 Mr. Parks Banks Henry C. & Lee C. Fisher Trust Post Office Box 387 120 Adams Hill Road Barnardsville, North Carolina 28709 Asheville, North Carolina 28806 7005 1820 0002 9207 4083 Mr. & Mrs. Bobby Hunnicutt 459 Emma Road Asheville, North Carolina 28806 7005 -1 2 002-92'07-4090! Ms. Eleanor Lytle 96 Hazelwood Road Asheville, North Carolina 28806 7005 1820 0002 9207 4106 Mr. & Mrs. Frank Silvers 14 Oakmoss Lane Asheville, North Carolina 28806 7005 1820 0002 9207 4113 Mr. Carl K. Winkler 20A Heather Way Candler, North Carolina 28715 7005 1820 0002 9207 4120 Ms. Melissa R. Wright Post Office Box 271 Black Mountain, North Carolina 28711 Dear Sirs and Madams: 7005 1820 0002 9207 4175 Ms. Evelyn Frances Lunsford 459 Emma Road Asheville, North Carolina 28806 7005 1820 0002 9207 4137 Moss Enterprises, Inc. 599 North Louisiana Avenue Asheville, North Carolina 28806 7005 1820 0002 9207 4144 T.J. Investment Group, LLC Post Office Box 15031 Asheville, North Carolina 28813 7005-1820 0002 9207 4151 Wright Action Real Estate Buyers Post Office Box 271 Black Mountain, North Carolina 28711 SUBJECT: SEWER MORATORIUM Mosswood-Weiss Sewer Buncombe County A review of the web sites for Buncombe County and the Metropolitan Sewerage District (MSD) of Buncombe County leads us to conclude that a private sewer, running from a point near the intersection of Emma Road and Shadowbrook Road to a point near the intersection of Adams Hill Road and North Louisiana Avenue, crosses your property. NorthCarolina Nat611'l71111 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 Mosswood-Weiss Sewer December 12. 2006 Paae 2 This sewer belongs to each person whose property it crosses, including you. For convenience, I will refer to this sewer as the Mosswood-Weiss sewer. The Mosswood-Weiss sewer has a history of overflows. The most recent such overflow occurred on December 6 & 7, 2006. No one is assuming responsibility for the routine maintenance and operation of the sewer which contributes to the frequency of overflows. Therefore, we have to view this sewer as being inadequate. The sewer should not be used by new sources of sewage until the issue of proper operation and maintenance is resolved. I am informing you as owner of a segment of the Mosswood-Weiss sewer that the Division of Water Quality, in accordance with the provisions of North Carolina General Statute 143-215.67( c ), plans to place the Mosswood-Weiss sewer on moratorium forty- five (45) days following receipt of this Notice,. This means that we will formally request MSD, Buncombe County, and the City of Asheville to withhold issuance of any authorizations for new use of the Mosswood-Weiss Sewer. Such authorizations would include among others "sewer approvals" or "placement permits". Any illegal discharges of sewage are subject to civil penalties of up to $25,000 per day for each violation. In anticipation of another blockage, each of you should make contact with a plumbing contractor having the necessary equipment to open a blockage in an 8-inch diameter sewer. Removing a blockage from a 8-inch sewer will probably to require special equipment such as a "vacuum truck" or "jetter". In our March 1, 2004 correspondence to the owners of this sewer we recommended that they follow those steps necessary to turning the sewer over to MSD. That remains our recommendation. MSD has the ability to do an excellent job of operating and maintaining the line and has a policy relating to taking over ownership of privately owned sewers. Rather than dealing with each individual property owner, MSD would rather you designate someone to represent all of you before that agency. Should you take exception with any of the factual information presented in this notice do not hesitate to call Roy Davis at 828-296-4500. Likewise please contact Mr. Davis should you have questions or need to discuss this matter. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Xc: Mike Butler, MSD Herman Shelton, MSD Deborah Gore Buncombe Co/MSD Collection System/Mosswood-Weiss Sewer/Moratorium Letter.06 !n4GMV1U a 41 T 1 S TE OF NORTH CAROLINA r T6 AUG 20 AN 1 :03 WATER QUALITY SECTION • ASHEVILLE REGIONAL OFFICE -Y COUNTY OF BUNCOMBE A G R E E M E N T SEWER LINE RIGHT-OF-WAY This Agreement made this o-#-4 day of August, 1986, by and between MOSS AUTO SALES, INC., (hereinafter referred to as "MOSS"), WEISS DEVELOPMENT COMPANY, (hereinafter referred to as "WEISS"), and HENRY C. FISHER, Jr., (herein- after referred to as "FISHER"): W I T N E S S E T H: WHEREAS, MOSS is the owner of a certain parcel of land located in Hazel Township on North Louisiana Avenue, said property being referred to in Deed Book 1314, Page 443, and WHEREAS, MOSS has constructed an 8-inch sewer line on its property that extends over the property of MOSS and others as it runs under Emma Road and the railroad tracks along the golf course located on the Great Smokey Hilton property until it intersects the City of Asheville sewer line, and WEREAS, WEISS is the owner of an adjacent 38 acre parcel of land described in Plat Book 50, Page 91, and WHEREAS, WEISS has constructed, an 8-inch sewer line on its property that extends over the property of WEISS until it intersects the property of MOSS, and WHEREAS, FISHER is the owner of adjacent properties referred to in Deed Book 1028, Page 179; Deed Book 1060, Page 646; Deed Book 1070, Page 400; and Deed Book 1182, Page 85, and WHEREAS, FISHER desires to connect onto said 8-inch sewer line extending over WEISS'S property so that said sewer line will extend over and across the property presently owned by FISHER, and RETU RN TO: truU I �. WHEREAS, MOSS and WEISS desire to grant to FISHER the right to use said 8-inch sewer line as it runs over the property of MOSS and WEISS and others to the City of Ashe- ville sewer line. NOW THEREFORE, in consideration of the above recitals and other good and valuable consideration paid by FISHER to MOSS and WEISS, the parties agree as follows: 1. MOSS and WEISS, for themselves, their successors, and assigns, grant and convey unto FISHER, his successors, and assigns an easement to use the existing 8-inch sewer line as it now runs over and across the property MOSS and WEISS and others to the City of Asheville sewer line. Said easement is for the sole purpose of allowing FISHER to utilize the existing sewer line for sewage disposal as permitted by this Agreement. 2. FISHER may utilize the MOSS and WEISS 8-inch' sewer line from a sewer line to be installed by FISHER along his property which will connect with the WEISS sewer line at the common boundary between the WEISS and FISHER PROPERTIES. 3. FISHER will be.responsible for the connection onto the WEISS sewer line and will be further responsible for any damages and repairs necessitated to the WEISS line and real property in connection with connecting onto said line. 4. MOSS or WEISS will in no way be responsible now or in the future for extending, expanding, or changing said sewer line as it now runs across the property of MOSS or WEISS and others to the City of Asheville sewer line. 5. The FISHER portion of the sower line may not be used for high -volume industrial waste without the express written consent of MOSS and WEISS. 6. MOSS and WEISS shall have the right to enter upon the property of FISHER to observe any and all taps made by FISHER onto his main sewer line which will be connected onto the WEISS sewer line. MOSS and WEISS shall have the right to order the disconnection of any tap onto the FISHER line that is not from a user who resides upon the FISHER properties recited above. 7. MOSS and WEISS shall have the right to place additional taps upon the 8-inch sewer line as it crosses their property and others to the City of Asheville sewer line, excluding high -volume industrial use. 2 8. FISHER agrees to pay $30,000.00 plus $3,600.00 interest to MOSS and WEISS for this sewer line easement which sum shall be paid at the time of the signing of this Agreement. 9. MOSS agrees to be responsible for the repair of the sewer e as it runs across its property and others to the City of Asheville sewer line. WEISS agrees to be responsible for the repair of the sewer line as it runs across its property to the connection with the MOSS line. FISHER agrees to be responsible for the repair of the sewer line as it runs across his property to the connection with the WEISS line. 10. MOSS, WEISS and FISHER shall negotiate the terms for additional taps onto the FISHER line, with one vote to each and the majority vote shall prevail. All tap on fees under this paragraph shall be divided one-third to MOSS, one-third to WEISS, and one-third to FISHER. Additional taps shall be permitted so long as capacity exists within the private sewer line. TO HAVE AND TO HOLD, said easement unto HENRY C. FISHER, Jr., his successors, and assigns forever. MOSS and WEISS warrant to FISHER. that they have the right to convey this grant of an easement, that there is to the best of their knowledge present capacity in the 8-inch sewer line to service the Fisher property, that the title to the easement is free and clear of all encumbrances, and that MOSS and WEISS will warrant and defend the title to the easement against the lawful claims of all persons. IN WITNESS WHEREOF, the parties have hereunto duly executed this Agreement. 4 1'r iretary �t k gg HENRY C. FISHER, Jr. MOSS AUTO SALES, INC. By : �� (President) WEISS DEVELOPMENT COMPANY By: e GUa_� (Owner) 3 m 31 13 / 28aa1 �alo��a� � �a,�, m�_ - -- �_�-- m �� �5� �� f `t0' � ��%z5�'48/ l�� - �---e� - E j j 0 11 11 4- (20 CC) i I- I c 5 RJ C rI�i 4 I O P') ) q- 0--L� P6-16A 6°2•jr 3 r7 � `7 d' �-------- _ __ - - -- �' - _ __- __ - - -!i ��- -�I _ ��- - � � ��1 � �3 9 �o ��� - ��PA ��� �' i - i I'I II "d9°Y/✓ �"'��%� �J� fie_ _ - _ _.. i -1+0 N 0 - 19 � 6 �? I -tea w O t� 9 Y)--� 4p �� \� 1' ._ .� �. ��: �� � �i �, , L: � ��; l �; it ilk Lill � / // � I: I� 1 14�I ill f,- ---- 9-09-9lo !II 10 sS!-c� Ii FC9 _ 1 l Ili ' 11 j� 4� ��0 l qg3 a--a�u _ f,j j j`�99c I Y I �vc r( Z�- `ate 4 ( \j I, ' i� i �I'I '. I I� � I, c I !I � i i � I b/ I'll I )J i j I LE COPY NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Governor March 5, 2009 Mr. Mike Butler, Planning and Development Coordinator Engineering Division Metropolitan Sewerage District of Buncombe County 2028 Riverside Drive Asheville, North Carolina 28804 Mr. Mark Case, Interim Director Building Safety Department City of Asheville Post Office Box 7148 Asheville, North Carolina 28802 Mr. Matt Stone Permits and Inspections Buncombe County 30 Valley Street Asheville, North Carolina 28801 Subject: Moratorium Withdrawal Mosswood-Weiss Sewer Buncombe County Dear Sirs: Dee Freeman Secretary The West Asheville area from approximately the intersection of Emma Road and Shadowbrook Road north to approximately the intersection of North Louisiana Avenue and Adams Hill Road is served by a sewer which I will refer to as the Mosswood-Weiss sewer. This sewer was at one time privately owned in its entirety. The sewer was owned, in segments, by each person whose property it crosses. The owners were not properly maintaining the sewer and it had on several occasions overflowed. The lack of proper maintenance and operation led me to conclude that the Mosswood- Weiss sewer line was inadequate. As a result of the above this office placed the Mosswood-Weiss sewer on moratorium on February 2, 2007. SURFACE WATER PROTECTION SECTION -ASHEVILLE REGIONAL OFFICE �TOne Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 l�l ortlL h Cwrolina Phone: 828-296-45001 FAX: 828-299-70431 Customer Service: 1.877-623-6748 Internet: wvvw.ncwaterqu/Jtr�/�ality.org 6� atuaa" An Equal Opportunity 1 Affirmative Action Employer The downstream segment of the sewer has since been turned over to the Metropolitan Sewerage District of Buncombe County (MSD). It is my plan to approach maintenance and operation of the remaining privately owned segments of this sewer using the regulatory requirements contained in 15A North Carolina Administrative Code 02T .403. 1 am therefore lifting the moratorium against new sewer connections to the remaining privately owned segments of the Mosswood-Weiss sewer. I am hereby informing the MSD, the City of Asheville and Buncombe County that we have no objection to the issuance of "sewer approvals" or "placement permits" for any project which would propose to utilize the remaining privately owned segment of the Mosswood-Weiss sewer. I very much appreciate your past help in this matter. Should you need to discuss this matter, I encourage you to call me at 828-296-4659. Sincerely, R - Y� Roy M. Davis Environmental Engineer G:\WPDATA\DEMWQ\Buncombe\MSD Collection System\Mosswood-Weiss\Moratorium Withdrawal.doc A NCNB North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 6, 2009 Mr. Keith R. Henry, Registered Agent Z) oN P.-0tv G-- 5�,� gC"�",- `�w�� Fields Forever LLC ©L ,, 56 Central Avenue, Suite 202 t p (�> 0-yc Its 3 Asheville, North Carolina 28801 Subject: 15A NCAC 02T .0403 Maintenance of Private Sewers Buncombe County Dear Mr. Henry: The North Carolina Environmental Management Commission in 15A North Carolina Administrative Code 02T .0403 (15A NCAC 02T .0403) established the operational and maintenance requirements applicable to sewer systems which have not been issued individual Collection System Permits. The sewage collection system on Fields Forever property along North Louisiana Avenue is such a system. I am attaching a copy of 15A NCAC 02T .0403 for your reference. This regulation requires that you effectively maintain and operate the collection system at all times, have a map of the system, have an operational and maintenance plan for the system, inspect high -priority lines every six months, conduct a general observation of the entire system once each year, report overflows in accordance with the regulations and conduct a grease control program. The regulations require that all of the above - described activities be documented. I refer you to the attached copy of the full regulation for a more complete discussion of the requirements. Inspection are conducted to determine compliance with these collection system operational and maintenance requirements. Should you need to discuss this matter please do not hesitate to call me at 828(296-4500). Rncerely, Roy M. bavis Environmental Engineer Xc: Surface Water Protection Section Central Files G:\WPDATA\DEMWQ\Buncombe\MSD Collection System\Mosswood-Weiss\Deemed Permited Letter Fields Forever.09.doc SURFACE WATER PROTECTION SECTION - ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70. Swannanoa, North Carolina 28778 NorthCarolina Phone: 828-296-4500\ FAX: 828-299-70431 Customer Service: 1-877-623-6748 1���// Internet: www.ncwaterquNaturally `K ``y An Equal Opportunity l Affirmative Action Employer (,� l� II L , North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 6, 2009 Mr. Parks Banks Post Office Box 387 Barnardsville, North Carolina 28709 Subject: 15A NCAC 02T .0403 Maintenance of Private Sewers Buncombe County Dear Mr. Banks: The North Carolina Environmental Management Commission in 15A North Carolina Administrative Code 02T ..0403 (15A NCAC 02T .0403) established the operational and maintenance requirements applicable to sewer systems which have not been issued individual Collection System Permits. The collection system on your property and serving your Brownwood Mobile Home Park is such a system. I am attaching a copy of 15A NCAC 02T .0403 for your reference. This regulation requires that you effectively maintain and operate the collection system at all times, have a map of the system, have an operational and maintenance plan for the system, inspect high -priority lines every six months, conduct a general observation of the entire system once each year, report overflows in accordance with the regulations and conduct a grease control program. The regulations require that all of the above - described activities be documented. I refer you to the attached copy of the full regulation for a more complete discussion of the requirements. Inspection are conducted to determine compliance with these collection system operational and maintenance requirements. Should you need to discuss this matter please do not hesitate to call me at 828(296-4500). Sincerely, Roy M. avis Environmental Engineer Xc: Surface Water Protection Section Central Files G:\WPDATA\DEMWQ\Buncombe\MSD Collection SystennWosswood-Weiss\Deemed Permited Letter.09.doc SURFACE WATER PROTECTION SECTION — ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 NorthCarollna Phone: 828-296-4500\ FAX: 828-299-7043 \ Customer Service: 1-877-623-6748 � ���'/N� l//� Internet: www.ncwaterquality.org � J�/ t An Equal Opportunity'•, Affirmalive Action Employer ,2o�A NC®EN North Carolina Department of Environment and Division of !Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Governor March 6, 2009 Mr. Henry Fisher: Nik-Pik Market 678 North Louisiana Avenue Asheville, North Carolina 28806 Dear Mr. Fisher: Natural Resources Dee Freeman Secretary Subject: 15A NCAC 02T .0403 Maintenance of Private Sewers Buncombe County The North Carolina Environmental Management Commission in 15A North Carolina Administrative Code 02T .0403 (15A NCAC 02T .0403) established the operational and maintenance requirements.,applicable to sewer systems which have not been issued individual Collection System Permits. The collection system on your parent's property and serving their Altamont Mobile Home Park is such a system. I am attaching a copy of 15A NCAC 02T .0403 for your reference. This regulation requires that you effectively maintain and operate the collection system at all times, have a map of the system, have an operational and maintenance plan for the system; inspect high -priority lines every six months, conduct a general observation of the entire system once each year, inspect pump stations not connected to telemetry daily, report overflows in accordance with the regulations and conduct a grease control program. The regulations require that all of the above -described activities be documented. I refer you to the attached copy of the full regulation for a more complete discussion of the requirements. Inspection are conducted to determine compliance with these collection system operational and maintenance requirements. Should you need to discuss this matter please do not hesitate to call me at 828(296-4500). Sincerely, Roy M. Davis Environmental Engineer Xc: Surface Water Protection Section Central Files G:\WPDATA\DEMWQ\Buncombe\MSD Collection SystemWosswood-Weiss\Deemed Permited Letter- Fisher.09.doc SURFACE WATER PROTECTION SECTION — ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 NorthCarolina Phone: 828-296-45M FAX: 828-299-70431 Customer Service: 1-877-623-6748 J� ���K'/N� //� Internet: www.ncvvaterquality.org � �/ ! L` An Equal Opportunity, Affirmative Action Employer Yy NCD NR North Carolina Department of Environment and Natura Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Governor March 6, 2009 Mr. & Mrs. Frank Silvers 14 Oakmoss Lane, Asheville, North Carolina 28806 Dear Mr. & Mrs. Silvers: 7 1� ' d 'I tl L: L� Resources Dee Freeman Secretary Subject: 15A NCAC 02T .0403 Maintenance of Private Sewers Buncombe County The North Carolina Environmental Management Commission in 15A North Carolina Administrative Code 02T .0403 (15A NCAC 02T .0403) established the operational and maintenance requirements applicable to sewer systems which have not been issued individual Collection System Permits. The sewage collection system on your Fields Forever property is such a system. I am attaching a copy of 15A NCAC 02T .0403 for your reference. This regulation requires that you effectively maintain and operate the collection system at all times, have a map of the system, have an operational and maintenance plan for the system, inspect high -priority lines every six months, conduct a general observation of the entire system once each year, report overflows in accordance with the regulations and conduct a grease control program. The regulations require that all of the above - described activities be documented. I refer you to the attached copy of the full regulation for a more complete discussion of the requirements. Inspection are conducted to determine compliance with these collection system operational and maintenance requirements. Should you need to discuss this matter please do not hesitate to call me at 828(296-4500). Sincerely, Roy M. D vis Environmental Engineer Xc: Surface Water Protection Section Central Files G:\WPDATA\DEMWQ\Buncombe\MSD Collection System\Mosswood-Weiss\Deemed Permited Letter- Silvers.09.doc SURFACE WATER PROTECTION SECTION - ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 NorthCarollna Phone: 828-296-4500` FAX: 828-299-7043 \ Customer Service: 1-877-623-6748 Nataally Internet: www.ncwaterquality.org An Equal Opportunity t AHirmalive Action Employer _ _ 1 6 • i -����a�u�y�-�( laela.-Y 0 �- ,�), !P, S.- Z� e�-5 �- 'a l s - / c) �:f) W Alp Michael F. Easley, Governor �OF William G. Ross Jr., Secretary rNorth Carolina Department of Environment and Natural Resources O Coleen H. Sullins, Director Division of Water Quality November xx, 2008 Mr. Tom Hogg Interim Town Manager Town of Spindale Post Office Box 186 Spindale, North Carolina 28160 Subje t: Oak Street Pump Station Force Main Town of Spindale ermit Number WQ0032292 utherford County Dear Mr. Hogg: I am writing this letter in support of the proje t which would replace the remaining 3,100 feet of the Oak Street Pump Station ductile iro force main. The first part of the force main was recently replaced by construction of approxl ately 8,722 linear feet of 12-inch diameter force main. The original plan was to utilize the emaining 3,100 linear feet of force as a gravity line. I recommended that the gravity portion f the line be equipped with conventionally spaced manholes to allow access in event f blockage. When the deteriorated condition of the line was detected, concern dev loped about whether it would withstand the setting of manholes. It is now proposed to replace the remaining force main wit approximately 3,100 linear feet of 15-inch diameter gravity line. This project would have tile added benefit of allowing the abandonment of the old 10-inch diameter gravity line se ' g Stonecutter Mills. I fully support such a project and wish you success in securing fundIng. Time is of the essence. Given the fragile condition of the old force main, the absenof manholes in the 3,100 feet of line being used as a gravity line and the fact that the line carr s a substantial volume of the Town's wastewater, the Town of Spindale would be faced,with a very serious situation should an obstruction develop. As always, please do not hesitate to call me at (828)296-4659 if I may be of service. Sincerely; Roy M. Davis Environmental Engineer Xc: Davis Arrowood, Town of Spindale Vernon Atkinson, Summit Engineering Group, Inc. G:\WPDATA\DEMWQ\Rutherford\Spindale Collection System\Oak Street PS Force Main-2.08.doc No°rtralina �Vatu&ra!!y North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828) 299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper �"`if�',� �1 �r��� a ��' N. C. DEPARTMENT OF ENVIRONMENT AND OF WATER NATURAL RESOURCES �"' PG r DIVISION OF WATER QUALITYD L NR SURFACE WATER PROTECTION ASHEVILLE REGIONAL OFFICE 2090 U.S. HIGHWAY 70.�� 9 SW,ANNANOA, NORTH CAROLINA 28778 PHONE:8281206-4500 FAX:828/299.7043 TO: FAX N0: FROM: DATE: NUMBER OF PAGES INCLUDING, COVER: MESSAGE: If questions, please call 8281296-4500 141S NorthCarohna Naturally Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources SURFACE WATER PROTECTION February 2, 2007 Mr. Mike Butler, Planning and Development Coordinator Engineering Division Metropolitan Sewerage District of Buncombe County 2028 Riverside Drive Asheville, North Carolina 28804 Mr. Robert Griffin, Director Building Safety Department City of Asheville 161 South Charlotte Street Asheville, North Carolina 28801 Mr. Matt Stone Permits and Inspections Buncombe County 30 Valley Street Asheville, North Carolina 28801 Subject: MORATORIUM Mosswood-Weiss Sewer Buncombe County Dear Sirs: Alan W. Klimek, P.E. Director Division of Water Quality Asheville Regional Office The West Asheville area from approximately the intersection of Emma Road and Shadowbrook Road north to approximately the intersection of North Louisiana Avenue and Adams Hill Road is served by a privately owned sewer that I will refer to as the Mosswood-Weiss sewer. The sewer is owned, in segments, by each person whose property it crosses. The owners are not maintaining the sewer and it has overflowed on several occasions. The most recent such overflow was on December 6 & 7, 2006. The lack of proper maintenance and operation leads me to conclude that the Mosswood-Weiss sewer line is inadequate. Because the Mosswood-Weiss sewer line is receiving no maintenance and operational attention and has a history of overflows, the Division of Water Quality hereby places the Mosswood-Weiss sewer on moratorium. I am requesting that the Metropolitan Sewerage District of Buncombe County (MSD), the City of Asheville and Buncombe County refrain from issuing any further 2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/2.96-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 NorthCarolina Moratorium. February 2, 2007 Page 2 "sewer approvals" or "placement permits" to any project which would propose to utilize the Mosswood-Weiss sewer for sewer service until the Mosswood-Weiss sewer is properly operated and maintained. When the Division of Water Quality is satisfied with the operations and maintenance of the Mosswood-Weiss sewer this moratorium will be withdrawn. I am asking Mike Butler to send both Robert Griffin and Mat Stone a map showing the route of the sewer and the PIN number of the properties which might be served by the Mosswood-Weiss Sewer. Developments and mobile home parks which may be using this sewer are Mosswood, Hazelwood, Crownpointe, Fields Forever, Brownwood and Altamont. In accordance with the requirements of North Carolina General Statute 143-215.67(c), the owners,of the property crossed by the Mosswood-Weiss sewer were notified, by letter dated December 12, 2006, of our intention to place the sewer under moratorium I very much appreciate your help in resolving this serious issue. Should you need to discuss this matter, I encourage you to call Roy Davis with the Asheville Regional Office at 828-296-4659. Sincerely, Roger C. Edwards, Regional Supervisor Surface water Protection cc: Jeff Poupart Roy Davis Buncombe County MSD Collection System Mosswood-Weiss Sewer North Louisiana Letter.06 Moratorium . February 2, 2007 Page 2 "sewer approvals" or "placement permits" to any project which would propose to utilize the Mosswood-Weiss sewer for sewer service until the Mosswood-Weiss sewer is properly operated and maintained. When the Division of Water Quality is satisfied with the operations and maintenance of the Mosswood-Weiss sewer this moratorium will be withdrawn. I am asking Mike Butler to send both Robert Griffin and Mat Stone a map showing the route of the sewer and the PIN number of the properties which might be served by the Mosswood-Weiss Sewer. Developments and mobile home parks which may be using this sewer are Mosswood, Hazelwood, Crownpointe, Fields Forever, Brownwood and Altamont. In accordance with the requirements of North Carolina General Statute 143-215.67(c), the owners of the property crossed by the Mosswood-Weiss sewer were notified, by letter dated December 12, 2006, of our intention to place the sewer under moratorium I very:much-appreciate your help in resolving this serious issue. Should you need to discuss this matter, I enco:urage.you to call Roy Davis with the Asheville Regional Office at 828-296-4659. Sincerely, Roger C. Edwards, Regional Supervisor Surface water Protection Buncombe County MSD Collection System Mosswood-Weiss Sewer North Louisiana Letter.06 WATF Michael F. Easley, Governor 9QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources \O�C Alan W. Klimek, P.E. Director i Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION September 5, 2007 Mr. Mike Butler, Planning and Development Coordinator Engineering Division Metropolitan Sewerage District of Buncombe County 2028 Riverside Drive Asheville, North Carolina 28804 Mr. Robert Griffin, Director Building Safety Department City of Asheville 161 South Charlotte Street Asheville, North Carolina 28801 Mr. Matt Stone Permits and Inspections Buncombe County 30 Valley Street Asheville, North Carolina 28801 Subject: Moratorium Modification . Mosswood-Weiss Sewer Buncombe County Dear Sirs: The West Asheville area from approximately the intersection of Emma Road and Shadowbrook Road north to approximately the intersection of North Louisiana Avenue and Adams Hill Road is served by a privately owned sewer that I will refer to as the Mosswood-Weiss sewer. The sewer is owned, in segments, by each person whose property it crosses. The owners are not maintaining the sewer and it has overflowed on several occasions. The most recent such overflow was on December 6 & 7, 2006. The lack of proper maintenance and operation leads me to conclude that the Mosswood-Weiss sewer line is inadequate. As a result of the above this office placed the Mosswood-Weiss sewer on moratorium on February 2, 2007. Mr. Alan Moss who owns the most downstream segment of the sewer is currently working with the Metropolitan Sewerage District of Buncombe County (MSD) with the intent of turning his segment of the Mosswood-Weiss sewer over to the MSD. In consideration of Mr. Moss' 2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 NorthCarolina cooperation in this matter I am informing the MSD;;the City of Asheville and Buncombe County that we have no opposition to the issuance of"seW.er approvals" or "placement permits" to any project which would propose to utilize the segment of the Mosswood-Weiss sewer owned by Mr. Alan Moss. We would ask that the MSD, the City of Asheville and Buncombe County refrain from issuing "sewer approvals" or "placement permits" to any project which would propose to utilize the Mosswood-Weiss sewer above the Alan Moss property, until the sewer is properly operated and maintained. I very much appreciate your help in resolving this serious issue. Should you need to discuss this matter, I encourage you to call me at 828-296-4659. Sincerely, ERoM.Liavis Y Environmental Engineer cc: Jeff Poupart Alan Moss Buncombe County MSD Collection System Mosswood-Weiss Sewer North Louisiana Letter2.07 W,ql� -, _ ,y Michael F. Easley, Governor �OyQ 1.�. ., - William G. Ross Jr., Secretary p G :a. North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director n3l > (a Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION September 5, 2007 Mr. Mike Butler, Planning and Development Coordinator Engineering Division Metropolitan Sewerage District of Buncombe County 2028 Riverside Drive Asheville, North Carolina 28804 Mr. Robert Griffin, Director Building Safety Department City of Asheville 161 South Charlotte Street Asheville, North Carolina 28801 Mr. Matt Stone Permits and Inspections Buncombe County 30 Valley Street Asheville, North Carolina 28801 Subject: Moratorium Modification Mosswood-Weiss Sewer Buncombe County Dear Sirs: The West Asheville area from approximately the intersection of Emma Road and Shadowbrook Road north to approximately the intersection of North Louisiana Avenue and Adams Hill Road is served by a privately owned sewer that I will refer to as the Mosswood-Weiss sewer. The sewer is owned, in segments, by each person whose property it crosses. The owners are not maintaining the sewer and it has overflowed on several occasions. The most recent such overflow was on December 6 & 7, 2006. The lack of proper maintenance and operation leads me to conclude that the Mosswood-Weiss sewer line is inadequate. As a result of the above this office placed the Mosswood-Weiss sewer on moratorium on February 2, 2007. Mr. Alan Moss who owns the most downstream segment of the sewer is currently working with the Metropolitan Sewerage District of Buncombe County (MSD) with the intent of turning his segment of the Mosswood-Weiss sewer over to the MSD. In consideration of Mr. Moss' 2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 NorthCarolina ♦ q 4 y eJY y s L Yy I$ YARD CT aBRICKYARD CT ' `Ill 520 BRICKYARD CT — -524, �" ' ," •t4`� F �660,N,�LO•VISIANA AVENUE'EXT 660, 5WN LOUISIAIVA AVENUE;EXT r .; j - - — —, 660 '36 NNLOUISIANA AVENUE EXaT ` RICKYA605 U SIAIV 6 ,` !' N� L'O / AIAVENUEFJ['' _ 7T , _ + 525 BRICKYARD CT f r S15 BRIC%fYARD _ 660 47 N CDUISIANA 4VENUE 660 49 Nl�LOUISI NA AVENUE—JtXT' - x ' _ $ •,.� 660 39 N/•ILOUISIAIVA AVENUE EXaT ZO BR►CK:YARD CT .. 69 1' w X r �HAZELWOOD ST � � �.. � �..0 • +e • °�� . i ` R i �w 4. 0 69983 - g', i 25 'BRICKZYARD PL 4 ' " ;•tom �'. � 's "� �`� � - �w i Jo __.`•�� 69980 , 97'BRICKYARD PP, . 646• N'LOUISIANA -AVENUE EXT, a660g'69 W�,"COUISIANA AVENUEbEXT '; 4660 7.1, N- L'OUISIANA AVENUE EXT 77 HAZELWOOD"RD ra a z + N 660§75 N LOUISI' NA AVENUE EXT 73 HAZELWOOD RD ,ti 72 HAZELWOAD,,RD 099 I p .�a . pwq". 2'®:�D�MS e�ILL RD 14394� xv,214.JN' EW0OD CIR 4404 14 D5 120 ADAMS DILL RD 214 V1NEw®®D CIRo o �-� 44312� �, `� (53,161 % S_ ° iPr �g38gj V117eAD;MSrHlL<LRD:N BRIOG�-a�sin - 44. 104 ADAMS HILL RD:55 ADAMS HILL RD 0 0 175 BINGHAM RD 0 70 ADAMS I�1/ L RD 189 BRICKYARD RD 60 ADAMS HILL RD '4j� 128 BINGHAM RD 4X' e. 0 14440� 185 BRICKYARD RD 143800 14334�► ®. ALrAM®�,4r RIDGE DR® �� 138.3 52 BRICKYARD Cr 3.0 ADAMS 1/1®IL�L RDo 143�J1 o, 699�4, RIDCsE DR r� 0 ._-. as� ski (699�100 �; 00000 0 s 7 118 i MJRD �14466' __(14467 lA_ o ti ' a ; 0�, 000000 00 000 ` ® ,psi 00 �. 8 9bat \� 0 9 14456 l 69982� 11® BINGHAMRD 1 DRAGON LN h, 1\4\' �9 BING/•IAM RD off ® ® � 14, Q„ 77 IIAZELWOOD-RD w 096 7 BING►•IAM RD 96 'BINGHAM RD & � dl'00 �0`P 69°HAZELWOOD•RD � � o o ® d,' a�Pa 6078! '2 PALM Cr 80 ®o. 61�HAZEL.WO-6 ;RD ®� 0 ®000p0 0 , � 0� ® 1 ( °po0q,�o o ®0 01442900� ®�® 00 15INEISS.cCT -Ob vfj0$427 B)11AZI21WOO® R® ' 5 pIVALLEWDR ®`9 00 69976 - 1�9sWAL'LEN DR 55 BReCewARD RD o ® 71 BRICKYARD RD (6J975 - 0 A o o II ®© `® 00 0 417 i EMMA RD 7 BRICKYARD RD 1'43 V'. 1437 i5 0 , / 92932; 0 00 0 ,,,�a 'SsVAMISON Sr ' 76 BRICKYARD RD 0 •• �` C1 A 373' �� 0`� ®"" ® 345 EMMA RDJ V 0 35 SPRINKLE Sr o �o 0 000\t'�f ` �., 1�43748 asi 0 ®9 u 4, o ® o ° 0 0 0 9 �J �® EMe�1A RD ® C 0 0 00 ° �� ®v f 0 462 Z 6°19oEMMA RD �. �� a. y45567 r�' 0581 EMMrA®37V 0 O0 _ '►� 5 66J' 4556li -{ 4577'0�-- _:. a 0 158' 3145. 4569y a - _ �51�� 499 EMMA RD � � =� A", 4457481 3 4'5�7�44 T 1 HAZEL MILL RI® I1�� j 14349 4 ® j ' s 0111 HANSEL AVE 456 61P�LO<IISIANA AVL: 26�ED@IL/ARDS ST ,� S -�" 0 l = 91EDWARDS Sr 44 0 0 . -- 38 019 PRE VL�A 0��. f �� Buncombe County, North Carolina This map has been developed for use by the tax assessment process, and is not of survey quality. This property map is not a survey and should NOT be used as a survey. Grid is based on the North Carolina State Plane Coordinate System North 1927 North American datum 10/1 /2008 8:59 am { 778 �rP�s��� ge,,s QAKMQSS t 16f7`7 s ram' itro k-nk + 52 E oaf g* s,1; e 0569 r s r m� r. s i o . 560 MR r 24324 N North 28$' Buncombe County, North Carolina This map has been developed for use by the tax assessment process, and is not of survey quality. This property neap is not a survey and should NOT be used as a survey. Grid is based on the North Carolina State Plane Coordinate System 1927 North American datum 10/1 /2008 9:00 am a 585 '.26 4 n s s' V AMO FAIT SIT 1 tX( C Nr RraGE a� E t 1 � a.: �4946��)# ' #NOMAb r !,J I • r� � � 7$,'~'� �n tl p -� 1� �, �� , �, ' Q�1KI1,j pS� S '� N ��"• ii; mb Ag alp S i" n" 0628 ' 1677 3629 - 3$ °� � '� ice-" �-,„. �.'i a _ � .,x' { g� r � r . ' c✓�� 4''�� g : t s c�i � t .�, "v 52 0569 ' a 90 $ r ' } 560 t ' 4$ t ` o .w��"I �� � 1ti '' 12 ���� �'ss � �%�wg��ax�.�s •",�'1�Lban ��� �, ' � 8 If Y } y 009 �uV� Agenda for SSO Conference Call / November 20, 2007 1. Report from each Region: a. Number of NOVs generated for violations in October. b. Number that would result in penalty after December 1. c. Discussion of causes or any unusual cases. 2. "Sewer Collection Issues" letter. a. Any response/questions from Permittees. b. Satellite system responsibility. 3. Permitting smaller systems. a. When is an individual CS permit required? 4. Doug Mundrick/EPA comments on SSO enforcement. 5. Update on BIMS request to so that SSO incidents manually entered into BIMS will automatically generate a NOV. Next call December 10, 1:00 — 4:00 pm Michael F. Easley, Governor William G. Ross Jr., Secretary 4 North Carolina Department of Environment and Natural Resources SURFACE WATER PROTECTION December 12, 2006 " CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 1820 0002 9207 4076 Mr. Parks Banks Post Office Box 387 Barnardsville, North Carolina 28709 7005 1820 0002 9207 4083 Mr. & Mrs. Bobby Hunnicutt 459 Emma Road Asheville, North Carolina 28806 7005 1820 0002 9207 4090 Ms. Eleanor Lytle 96 Hazelwood Road Asheville, North Carolina 28806 7005 1820 0002 9207 4106 Mr. & Mrs. Frank Silvers 14 Oakmoss Lane Asheville, North Carolina 28806 7005 1820 0002 9207 4113 Mr. Carl K. Winkler 20A Heather Way Candler, North Carolina 28715 7�Od0�5�1�8'2'0�00�-2�92047-��120�_U � �k� Ms. Melissa R. Wright Post Office Box 271 Black Mountain, North Carolina 28711 Dear Sirs and Madams: Alan W. Klimek, P.E. Director Division of Water Quality 7005 1820 0002 9207 4168 Henry C. & Lee C. Fisher Trust 120 Adams Hill Road Asheville, North Carolina 28806 7005 1820 0002 9207 4175 Ms. Evelyn Frances Lunsford 459 Emma Road Asheville, North Carolina 28806 7005 1820 0002 9207 4137 Moss Enterprises, Inc. 599 North Louisiana Avenue - rf Asheville, North Carolina 28806 7005 1820 0002 9207 4144 T.J. Investment Group, LLC Post Office Box 15031 Asheville, North Carolina 28813 7005-1820 0002 9207 4151 Wright Action Real Estate Buyers Post Office Box 271 Black Mountain, North Carolina 28711 SUBJECT: SEWER MORATORIUM Mosswood-Weiss Sewer Buncombe County A review of the web sites for Buncombe County and the Metropolitan Sewerage District (MSD) of Buncombe County leads us to conclude that a private sewer, running from a point near the intersection of Emma Road and Shadowbrook Road to a point near the intersection of Adams Hill Road and North Louisiana Avenue, crosses your property. No tliCarolina ,Vatiaally 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 Mosswood-Weiss Sewer December _12, 2006 Page 2 ' ' ' This sewer belongs to each person whose property it crosses, including you. For convenience, I will refer to this sewer as the Mosswood-Weiss sewer. The Mosswood-Weiss sewer has a history of overflows. The most recent such overflow occurred on December 6 & 7, 2006. No one is assuming responsibility for the routine maintenance and operation of the sewer which contributes to the frequency of overflows. Therefore, we have to view this sewer as being inadequate. The sewer should not be used by new sources of sewage until the issue of proper operation and maintenance is resolved. I am informing you as owner of a segment of the Mosswood-Weiss sewer that the Division of Water Quality, in accordance with the provisions of North Carolina General Statute 143-215.67( c ), plans to place the Mosswood-Weiss sewer on moratorium forty- five (45) days following receipt of this Notice,. This means that we will formally request MSD, Buncombe County, and the City of Asheville to withhold issuance of any authorizations for new use of the Mosswood-Weiss Sewer. Such authorizations would include among others "sewer approvals" or "placement permits". Any illegal discharges of sewage are subject to civil penalties of up to $25,000 per day for each violation. In anticipation of another blockage, each of you should make contact with a plumbing contractor having the necessary equipment to open a blockage in an 8-inch diameter sewer. Removing a blockage from a 8-inch sewer will probably to require special equipment such as a "vacuum truck" or `letter". In our March 1, 2004 correspondence to the owners of this sewer we recommended that they follow those steps necessary to turning the sewer over to MSD. That remains our recommendation. MSD has the ability to do an excellent job of operating and maintaining the line and has a policy relating to taking over ownership of privately owned sewers. Rather than dealing with each individual property owner, MSD would rather you designate someone to represent all of you before that agency. Should you take exception with any of the factual information presented in this notice do not hesitate to call Roy Davis at 828-296-4500. Likewise please contact Mr. Davis should you have questions or need to discuss this matter. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Xc: Mike Butler, MSD Herman Shelton, MSD Deborah Gore Buncombe Co/MSD Collection System/Mosswood-Weiss Sewer/Moratorium Letter.06 G997.�"a w { 47 N LOUISIANA AVENUE EXT 583 3 N LOUISIANA AVE EXT 599 104 N LOUISIANA AVENUE EXT ~ • • ` 599 10 N LOUISIANA AVENUE EXT 583 5 N LOUISIANAAVE EXT • 599 106 N LOUISIANA AVENUE EXT'49 TREXLER DR 83 6 N LOUISIANA AVE EXT •583 N LOUISIANA AVENUE EXT 6 583 8 N LOUISIANAAVE EXT ® •583 9 N LOUISIANAAVE EXT • 583 ION LOUISIANAAVE EXT e N LOUISIANA AVENUE EXT583 26 N LOUISIANA AVE EXT�459 162932 583 12 N LOUISIANA AVE EXT 459 N LOUISIANA AVENUE EXT 0 • V5555 6 N LOUISIANAAVE EXT i583 13 N LOUISIANAAVE EXT G OUISIANAAVE EXT 583 14 N LOUISIANAAVE EXT �� • u C •f Co.- 555 8 N LOUISIANAAVE EXT 583 15 N LOUISIANA AVE E(XT / • �� Ak 1 1e _9 N LOUISIANAAVE EXT 583 16 N LOUISIANAAVE EXT ION LOUISIANAAVE EXT 906E 555 • � 8312{n1 1 .s 583 21 N LOUISIANA AVE EXT P", V 1 I w 583 20 N LOUISIANAAVE EXT 555 11 N LOUISIANAAVE EXTD .+ #583 18 N LOUISIANA AV •10 MULBERRY HILL DR • ",%. 82933 83 19 N LOUISIANA AVE EXT • 16 MULBERRY HILL DR • © ® JJJ 12 MULBERRY HILL DR318 MULBERRY HILL DR • 30 MULBERRY HILL DR 2 MOSSY LOG LN �32 MULBERRY HILL DR •� • 4 MOSSY LOG LN • • •2 MISTY CT •34 MULBERRY HILL DR'� 0 5 MISTY DAY CT MISTY DAY CT 36 MULBERRY HILL DR 7 MISTY DAY CT 38 MULBERRY HILL DR 6 MISTY DAY CT • �, (�R d • 40 MULBERRY HILL DR $"EEC • , ` 8 9 MISTY DAY :8 MISTY DAY CT • jj 42 MULBERRY HILL DR E29' 0 12 MOSSY LOG LN / / •10 MISTY DAY CT e MULBERRY HILL DR 14 MOSSY LOG LN 21ARBOR ST OARBOR ST—AU ��46�3E ARD IIARBOR ST V 465 EMMA RD 477 EMMA RD t . '9 a90E3 7 CREEKWOOD DR n 467 EMMA RD • 0 ' A EMMA RD 499 EMMA RD 495 EMMA RDu f OIL a•1 EE 20 CRKWOOD DR • N4358 498 EMMA RD �.e•nfnv � �u�wm�`ns� 7 UZ 34 EDWARDS ST • 1 EDWARDS IST r39 EDWARDS ST 55 EDWARDS ST ti c f I 49 EDWARDS ST k29 JAMISON ST ® 417 16 EMMA RD M 417 15 EMMA RD fj'�1®1 417 14 EMMA RD � 41 41 7 13 EMMA RD 15 JAMISON ST ® 0 617 12 EMMA RD 417 11 EMMA RD 417 l0 RD RZ16:1 ® ® 6 53"155EMMA ® ® r4lj79'EMMA RD 17 8 EMMA RD ®® •4 DELTA LOOP rA 6 DELTA LOOP �\ �421 EMMA RD 539"57 4 JAMISON ST 423 EMMA RD 41199 EMMA R_D_ 1 C9EMMARD :06 EMMA RD, I� \ 7N E v Cs c 76 STARMOUNT DR /� �72 STAII UNT DR y 0 c0ye agdA�� L Gp �c�UNT Y, NOPS February 15, 2007 Metropolitan Sewerage District OF BUNCOMBE COUNTY, NORTH CAROLINA r r L r .) rn Kr. _ f !r!1�'ir Nic — Pic Market / Henry Fisher j N Louisiana Avenue ------ J Asheville, NC 28806 Re: Sewer transfer to MSD Dear Mr. Fisher: A map is enclosed showing the line in question as we discussed. The following items will have to be completed before MSD will assume ownership of this sewer system. • The entire system will have to be video taped and cleaned at your expense. The videos will be given to MSD for evaluation. A punch list of any items needing repair will be forwarded to you. Upon completion of the repairs, MSD will do a final inspection of the system. • 'All easements will be transferred to MSD per current standards. Questions concerning these requirements should be directed to Susan Presley at this office. If additional information is needed, do no hesitate to contact me. Sincerely, Mike Butler MSD Planning and Development Cc: Roy Davis Susan Presley Protecting Our Natural Resources- 2028 RIVERSIDE DRIVE, ASHEVILLE, NORTH CAROLINA 28804 TELEPHONE: (828)254-9646 . FAX:• (828)254-3299 WEBSITE: www.msdbc.org 0� WATF9 Michael F. Easley, Governor William G. Ross.Ir., Secretary North Carolina Department of Environment and Natural Resources �?t G �a P Alan W. Klimek, P.E. Director Division of Water Quality �=m Asheville Regional Office ai s SURFACE WATER PROTECTION February 2, 2007 Mr. Mike Butler, Planning and Development Coordinator Engineering Division Metropolitan Sewerage District of Buncombe County 2028 Riverside Drive Asheville, North Carolina 28804 Mr. Robert Griffin, Director Building Safety Department City of Asheville 161 South Charlotte Street Asheville, North Carolina 28801 Mr. Matt Stone Permits and Inspections Buncombe County 30 Valley Street Asheville, North Carolina 28801 Subject: MORATORIUM Mosswood-Weiss Sewer Buncombe County Dear Sirs: The West Asheville area from approximately the intersection of Emma Road and Shadowbrook Road north to approximately the intersection of North Louisiana Avenue and Adams Hill Road is served by a privately owned sewer that I will refer to as the Mosswood-Weiss sewer. The sewer is owned, in segments, by each person whose property it crosses. The owners are not maintaining the sewer and it has overflowed on several occasions. The most recent such overflow was on December 6 & 7, 2006. The lack of proper maintenance and operation leads me to conclude that the Mosswood-Weiss sewer line is inadequate. Because the Mosswood-Weiss sewer line is receiving no maintenance and operational attention and has a history of overflows, the Division of Water Quality hereby places the Mosswood-Weiss sewer on moratorium. I am requesting that the Metropolitan Sewerage District of Buncombe County (MSD), the City of Asheville and Buncombe County refrain from issuing any further 2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 4- rthCarolina Moratorium February 2, 2007 Page 2 "sewer approvals" or "placement permits" to any project which would propose to utilize the Mosswood-Weiss sewer for sewer service until the Mosswood-Weiss sewer is properly operated and maintained. When the Division of Water Quality is satisfied with the operations and maintenance of the Mosswood-Weiss sewer this moratorium will be withdrawn. I am asking Mike Butler to send both Robert Griffin and Mat Stone a map showing the route of the sewer and the PIN number of the properties which might be served by the Mosswood-Weiss Sewer. Developments and mobile home parks which may be using this sewer are Mosswood, Hazelwood, Crownpointe, Fields Forever, Brownwood and Altamont. In accordance with the requirements of North Carolina General Statute 143-215.67(c), the owners of the property crossed by the Mosswood-Weiss sewer were notified, by letter dated December 12, 2006, of our intention to place the sewer under moratorium I very much appreciate your help in resolving this serious issue. Should you need to discuss this matter, I encourage you to call Roy Davis with the Asheville Regional Office at 828-296-4659. Sincerely, Roger C. Edwards, Regional Supervisor Surface water .Protection cc: Jeff Poupart Buncombe County MSD Collection System Mosswood-Weiss Sewer North Louisiana Letter.06 \NA" Michael F. Easley, Governor �� 9Q William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director } Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION December 8, 2006 Mr. Mike Butler, Planning and Development Coordinator Engineering Division Metropolitan Sewerage District of Buncombe County 2028 Riverside Drive Asheville, North Carolina 28804690 Dear Mr. Butler: 0 Subject: Mosswood-Weiss Sewer Buncombe County The West Asheville area from approximately the intersection of Emma Road and Shadowbrook Road north to approximately the intersection of North Louisiana Avenue and Adams Hill Road is served by a privately owned sewer that I will refer to as the Mosswood-Weiss sewer. The sewer is owned, in segments, by each person whose property it crosses. The owners not are maintaining the sewer and it has overflowed on several occasions. The most recent such overflow was on December 6 & 7, 2006. The lack of proper maintenance and operation leads me to conclude that the Mosswood-Weiss sewer line is inadequate. Because the Mosswood-Weiss sewer line is receiving no maintenance and operational attention and its history of overflows, I am requesting that the Metropolitan Sewerage District of Buncombe County (MSD) refrain from issuing any further "sewer approvals" or "placement permits" to any project which would propose to utilize the Mosswood-Weiss sewer for sewer service until the Mosswood-Weiss Sewer is properly operated and maintained. When we are satisfied with the operations and maintenance of the Mosswood-Weiss sewer this request will be withdrawn. For the Same reason, I am requesting that Buncombe County Permits and Inspections and the City of Asheville Building Safety Department withhold issuance of "mobile home placement permits" for any mobile home which would utilize the Mosswood-Weiss sewer for sewer service until such time that the sewer is properly operated and maintained. In my view the logical way to insure proper operation and maintenance of the subject sewer is for the individual owner of the sewer to petition the MSD concerning the transfer of the sewer line to that agency. The owners of the sewer should agree upon one person to represent the entire group . That designated representative would deal directly with the MSD regarding transfer of ownership. 2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 NorthCarolina Vnfii. fl- Mr. Butler December 8, 2006 Please do not hesitate to call me at 828-296-4659 should you have need to discuss this matter very much appreciate the MSD's, Buncombe County's and the City of Asheville's help in resolving this serious issue. Sincerely, Roy M. Davis Environmental Engineer cc: Matt Stone, Buncombe County Robert Griffin, City of Asheville North Louisiana Letter.06 Sewer Line Subject: Sewer Line From: "Matt Stone" <Matt. Stone@buncombecounty. org> Date: Thu, 7 Dec 2006 12:28:32 -0500 To: <roy.davis@ncmai1.net> Roy, It just dawned on me that most of the properties in question will be within Asheville's extra territorial zoning jurisdiction meaning that they would issue the placement permits and any building permits; so I would also copy Robert Griffin on the letter. Robert Griffin, Director City of Asheville Building Safety Department PO Box 7148 Asheville, NC 28802 259-5726 Let me know if you need any more information. Matt Stone Buncombe County Permits & Inspections (828)250-5364 1 of 1 12/7/2606 1:23 PM 12/7/2006 PINNUM OWNER :1_LI:1"J_10rlf' 963913232517 BANKS PARKS 963913231677 BANKS PARKS 963913232466 BANKS PARKS 963914236888 BANKS PARKS 963913234946 BANKS PARKS 963913233326 BANKS PARKS FISHER HENRY C & LEE C TRUST 963914246515 FISHER HENRY C & LEE C TRUSTI HUNNICUTT BOBBY L & DORIS 963918323100 HUNNICUTT BOBBY L & DORIS LUNSFORD EVELYN FRANCES 963918313943 LUNSFORD EVELYN FRANCES LYTLE ELEANOR 963913138987 LYTLE ELEANOR MOSS ENTERPRISES INC 963918320141 MOSS ENTERPRISES INC 963914322868 MOSS ENTERPRISES INC SILVERS AGNES H & FRANK 963914236348 SILVERS AGNES H & FRANK TJ INVESTMENT GROUP LLC HSE STREET ADDR CITYNAME ZIP 12 DUCHESS PO BOX 387 BARNARDSVILLE 28709 8 DUCHESS PO BOX 387 BARNARDSVILLE 28709 14 DUCHESS PO BOX 387 BARNARDSVILLE 28709 19 OAKMOSS PO BOX 387 BARNARDSVILLE 28709 11 NOMAD PO BOX 387 BARNARDSVILLE 28709 ),999 WEISS PO BOX 387 BARNARDSVILLE 28709 70 ADAMS HILL 459 EMMA 459 EMMA ),999 HAZELWOOD 120 ADAMS HILL RD ASHEVILLE 28806 459 EMMA RD ASHEVILLE 28806 459 EMMA RD ASHEVILLE 28806 96 HAZELWOOD RD ASHEVILLE 28806 583 LOUISIANA AVENUE 599 N LOUISIANA AVE I ASHEVILLE 599 LOUISIANA 599 N LOUISIANA AVE I ASHEVILLE ),999 LOUISIANA 14 OAKMOSS LN ASHEVILLE 28806 28806 12/7/2006 PINNUM OWNER 963918315890 TJ INVESTMENT GROUP LLC 963918318279 TJ INVESTMENT GROUP LLC WINKLER CARL K 963918310561 WINKLER CARL K WRIGHT ACTION REAL ESTATE B 963914237203 WRIGHT ACTION REAL ESTATE B 963914238200 WRIGHT ACTION REAL ESTATE B WRIGHT MELISSA R 963913234324 WRIGHT MELISSA R HSE STREET 459 EMMA ),999 EMMA ADDR CITYNAME PO BOX 15031 ASHEVILLE PO BOX 15031 ASHEVILLE 14 MOSSY LOG 20A HEATHER WAY CANDLER 104 FIELDS FOREVER PO BOX 271 BLACK MOUNTAIN 102 FIELDS FOREVER PO BOX 271 BLACK MOUNTAIN 110 FIELDS FOREVER PO BOX 271 BLACK MOUNTAIN 2 ZIP 28813 28813 28715 28711 28711 28711 AA State of North Carolina -Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Kerr T. Stevens, Director March 7, 2001 MEMORANDUM TO: Water Quality Re ional Supervisors FROM: Coleen Sulli 1 � • MOM NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES SUBJECT: Imposing a statutory ile�Ger moratorium by NCGS 143-215.67 The purpose of this memorandum is to provide guidance for imposing a statutory sewer moratorium in accordance with NCGS 143-215.67. This is intended as a review of the proper implementation of the statute. NCGS 143-215.67 states in paragraph (a) that no person subject to the provisions of NCGS 143-215.1, 143-215.108 or 143-214.109 shall willfully cause or allow the discharge of wastes to a waste -disposal system in excess of the capacity of the disposal system nor shall wastes be discharged to the disposal system which the disposal system cannot adequately treat. Should these terms be violated, paragraph (c) states a moratorium may be imposed "on the addition of waste to a treatment works if the Commission determines that the treatment works is not capable of adequately treating additional waste". To implement a statutory moratorium, a notice of intent letter must give at least 45 days notice prior to the effective date of the moratorium. Regional supervisors will sign the notice of intent letters. Within 15 days of receiving- the notice of intent, the facility must publish one public notice in a newspaper having general circulation in the county in which they are located. The "form and content of the notice" must be included with the notice of intent letter. Notice of intent letters should request that an affidavit of publication and a copy of the notice as it was published be submitted 15 days from the publication deadline of the notice. A sample notice of intent letter and public notice are attached to this memorandum. Electronic copies of the attachments will be sent to the regional supervisors. A statutory moratorium may be lifted when it is determined that a facility is adequately treating its waste. The removal action is also done by an administrative letter signed by the regional supervisor. All of the above correspondence should be sent by certified mail with a return receipt requested. Copies of all letters must be provided to the DWQ Director, Water Quality Section Chief, the Point Source and Non -discharge Compliance/Enforcement Units, Pretreatment Unit, Non -discharge Permitting Unit, and Central Files. 1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone 919-733-5083 Fax 919-733-9612 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Decisions involving statutory moratorium will be made at the regional office level; however, prior notification of the central office is requested. Actions involving sewer moratorium using 15A NCAC 2H .0223 (the "80/90%" rule) are coordinated by the Point Source Compliance/Enforcement Unit with input from the regional offices. Since it is necessary to maintain a current list of all facilities under moratorium, the Point Source Compliance/Enforcement Unit is responsible for tracking of these facilities. A FileMaker Pro database has been created for this purpose. To access this database from the Main Menu, click on "Enforcement Tracking", then "Moratorium". A password is not needed to view records. Accurate tracking of facilities under moratorium can be promoted by communication, such as copying of correspondence and information, between the Regional Offices and the Central Office, If you have any questions regarding sewer moratorium, please contact Rob Lang of the Point Source Compliance/Enforcement Unit at 919-733-5083, ext. 361. Thank you for your cooperation in this matter. Attachment cc: Bill Reid Kim Colson Shannon Langley Tom Poe Jeff Poupart Rob Lang State of North Carolina Department of Environment and -Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Kerr T. Stevens, Director {Date} CERTIFIED MAIL RETURN RECEIPT REQUESTED {Certified Receipt} . (Permittee Contact) {Treatment System Name} (Address) { City }, ( State } (Zip Code} Subject: Notification of Sewer Moratorium {Treatment System Name} NPDES Permit Number { Permit } {County} County Dear { Title } ( Last Name) : A LTw7 Wy 1 0 • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES The Division of Water Quality has determined that {Treatment System Name} is unable to adequately collect and treat waste tributary to its wastewater treatment facility with regard to {summarize reason for moratorium). North Carolina General Statute 143-215.67(a) states in part, that no person subject to the provision of NCGS 143-215.1, 143-215.108 or 143-214.109 shall cause or allow the discharge of any wastes to a waste -disposal system in excess of the capacity of the disposal system or of any wastes which the disposal system cannot adequately treat. Should these terms be violated, 143- 215.67 (c) states a moratorium may be imposed "on the addition of waste to a treatment works" if the treatment works is not capable of adequately treating additional waste. (Provide a brief history of pertinent events that are the basis for imposing this moratorium). Therefore, {Treatment System Name} is hereby placed on a sewer moratorium at its wastewater treatment plant effective {Date — at least 45 days after the date of this letter}. This moratorium will remain in effect until {Treatment System Name} has sufficiently demonstrated that it can adequately treat its waste {-or state more specific objectives if applicable) and has obtained written permission from the Division of Water Quality suspending the moratorium. {Regional Office Address} {Telephone:} {Fax:) An Equal Opportunity Affirmative Action Employer 50 % recycled/10% post -consumer papei As required by NCGS 143-215.67(d), {Treatment System Name} shall give public notice that a moratorium will be placed on the discharge of additional waste to {Treatment System Name}'s treatment works within 15 days of receipt of this letter. {Treatment System Name} shall give public notice of the moratorium by publication of the notice one time in a newspaper having general circulation in the county in which the treatment works is located. The notice shall be as provided in the attached public notice. I Treatment System Name} shall provide an affidavit of publication and a copy of the public notice to this office on or by {Date -15 days from the publication deadline of the notice}. Failure to place the public notice as directed may subject {Treatment System Name} to enforcement actions and in no way absolves f Treatment System Name} from past or future violation of North Carolina General Statutes. Correspondence pertaining to this moratorium should be sent to the letterhead address. If you have any questions about this letter, please contact (Regional Water Quality Supervisor} at {Phone#}. Sincerely, ( Name ) f Regional Water Quality Supervisor) Attachment cc: f DWQ Director} I Water Quality Section Chief} f Regional Office } Point Source Compliance/Enforcement Unit Non -discharge Compliance/Enforcement Unit Non -discharge Permitting Unit Pretreatment Unit Central Files PUBLIC NOTICE SEWER MORATORIUM {Treatment System Name} (Treatment System Name) in (County) County cannot accept the discharge of additional waste to the {Treatment Facility) effective {Date) due to {summarize reason for moratorium}. Therefore, {Treatment System Name) is hereby placed on a sewer moratorium at its wastewater treatment plant effective { Date } . On the basis of thorough staff review and application of Article 21 of Chapter 143, General Statutes of North Carolina, Public Law 92-500 and other lawful standards and regulations, the North Carolina Environmental Management Commission has determined that {Treatment System Name} is unable to adequately collect and treat waste tributary to its wastewater treatment facility. North Carolina General Statute 143-215.67(a) directs that no person subject to the provision of NCGS 143-215.1, 143-215.108 or 143-214.109 shall cause or allow the discharge of any wastes to a disposal system in excess of the capacity which the disposal system cannot adequately treat. The moratorium on additional sewer connections will remain in effect until (Treatment System Name) has rectified the current noncompliant condition of the facility and has obtained written permission from the North Carolina Environmental Management Commission suspending the moratorium. The permit and other information may be inspected during normal office hours at the Division of Water Quality, Central Files, Archdale Building, 512 North Salisbury Street, Raleigh, North Carolina, telephone: (919) 733-7015. Copies of the information on file are available upon request and payment of the costs of reproduction. Questions regarding the status of the sewer moratorium should be directed to (Permittee Contact), {Treatment System Name) at (Telephone Number). Agreement to Convey Right -of -Way and Pay Fee PAGE 1 of 2 Metropolitan Sewerage District of Buncombe County 2028 Riverside Drive Asheville, N.C. 28804 Attention: Mike Butler Dear Sir: In consideration of the Metropolitan Sewerage District's (hereinafter "District") agreeing to take over and rehabilitate the collector sewer system serving my property located at , the undersigned hereby agrees to grant to the District, at no cost, an easement of sufficient width and appropriate location to rehabilitate the collector sewer system serving my property, to permanently locate a portion of the collector sewer on my property and to operate and maintain the rehabilitated collector sewer system. I understand that the width and location of the easement shall be determined in the sole discretion of the District, but that my input, as well as the input of other property owners who are a part of this project, will be considered in determining the location of the easement. I understand that the District, or its agent, shall have the right to enter upon my property for the purpose of selecting and surveying a route for the proposed easement and for surveying any monuments required to establish property lines accurately for easement acquisition. I understand that any District employee, or its agent, and equipment shall have the right to enter upon my property for the purpose of performing limited emergency repair or maintenance activities on the common portion of the existing system. I understand that the sewer system serving my property is private and will remain private until the District takes over the system following rehabilitation. Any malfunction of this private sewer system that results in any damage to my property is not the responsibility of the District. By my signature and the signature of others holding an interest in this property named above, I (We) hereby warrant and represent that we own this property in fee simple and hereby agree to execute any and all documents necessary to transfer the appropriate easements, as determined by the District, to the District for the rehabilitation of the collector sewer system and the location of a portion of the collector sewer system permanently on my property. FEBRUARY 2000 Agreement to Convey Right -of -Way and Pay Fee PAGE 2 of 2 The undersigned hereby understand and acknowledge that the District's obligation to rehabilitate the collector sewer system servicing this property is contingent upon the District obtaining satisfactory easements from other property owners whose property the proposed collector sewer crosses. In the event the District is unable to obtain satisfactory easements from other property owners, the District shall have no obligation to rehabilitate the collector sewer system and the property owners shall have no obligation to convey an easement to the District. In further consideration for the District taking over and rehabilitating this collector sewer system, the undersigned hereby agree to pay a fee of $600.00 for each residence on the aforementioned property that is to be re -connected to the collector sewer system. This fee is to help partially defray the cost of rehabilitating the collector sewer system, and will be collected at the time this document is executed for the project. If I refuse to pay the $600.00 fee the District will not proceed further with the project. I understand that if the project is cancelled for any reason, then the $600.00 fee(s) paid will be refunded to each property owner having paid the fee(s) and all maintenance activities (if any) will cease. DATE PROPERTY OWNER (SEAL) PROPERTY OWNER (SEAL) FORM: PSR001 FEBRUARY 2000 PRIVATE SEWER SYSTEMS A private sewer collection system is a system, which is NOT owned or maintained by the Metropolitan Sewerage District. Private collection systems are usually owned and maintained by individuals, firms, homeowner's associations, or other such private entities. Systems that were private at the time the District took over ownership of the local sewers are still considered private, as they were never taken over by the local township or city prior to this time. A sewer collection system is any sewer line, which has more than one connection to a common line. An unclaimed private system is a system, which has no structure in place to maintain the system - such as a homeowner's association. If an overflow or break occurs in this system, all structures connected to the system upstream of the overflow or break are responsible for the repair of the line. The North Carolina Department of Environment Natural Resources (NCDENR) is the authority governing these systems. The Metropolitan Sewerage District took over ownership of the public sewer systems within Buncombe County in 1990. The systems taken over include the ones previously owned and operated by Asheville, Buncombe County, Biltmore Forest, Black Mountain, Montreat, Weaverville, and the Woodfin Sanitary Water and Sewer District. The District only maintains the lines, which were previously owned and maintained by these municipalities as identified at the time of consolidation. The lines previously determined private and unclaimed prior to 1990 are currently private sewer collection systems. The District's boundary does not include all of Buncombe County. Some areas have sewer and are located outside of the District's boundary. The District maintains those areas, which were previously maintained by Buncombe County prior to consolidation in 1990. The District does not maintain the areas considered private by Buncombe County prior to 1990. Areas outside the District's boundary are NOT eligible for the Private Sewer Rehabilitation Program. Customers connected to sewers which are located outside the District's boundary and whose wastewater flows into lines within the District's boundary pay sewer charges to maintain the lines within the District and for treatment of the wastewater. The District is aware of many private and unclaimed systems. To address the situations that pose a direct threat to the public's health and welfare, the District has a Private Sewer Rehabilitation Program in place. The District budgets $200,000 per year to rehabilitate private, unclaimed systems. When requested by the municipality in which the private system is located, the project is placed on a waiting list and is prioritized according to the health hazard potential, money available, and other criteria. If you have been cited by NCDENR or have had multiple backups documented by MSD System Services, contact Stan Boyd at 254.9646 for additional information concerning the Private Sewer Rehabilitation Program. FORM: PSR002 B. Private Sewer Rehabilitation Program Upon receipt of a written request from the Political Subdivision in which a private sewer collection system is located, the Metropolitan Sewerage District (hereinafter "MSD" or "District") will consider the takeover and rehabilitation of said system if the MSD Board determines that the system represents a threat to the public health and welfare. Before MSD takes over and rehabilitates such a system, the following steps must be followed: I. The people served by the private system shall organize themselves into an informal homeowners' association and designate a spokesperson to work with MSD to: 1) Identify sewer mains making up the private collection system. 2) Identify all property owners served by the private collection system. 3) Have all property owners sign a commitment form to convey at no cost to MSD the rights - of -way and easements necessary to rehabilitate and maintain the collection system. The location of the proposed sewer line(s) and easements will be at the discretion of MSD. Also inclusive in the form is the commitment to pay the $600.00 fee to MSD, said fee being to help defray the cost of the rehabilitation. 11. Upon receipt of the commitment forms specified in Item 1-(3) above, and the $600 fee, MSD will begin the preliminary phase of the rehabilitation process. This will include placing the project on the waiting list, the performing of preliminary work and possible maintenance. This will include surveys, design, plan preparation, and easement acquisition. The project will then be advertised and bid for construction. Please note that the time from paying the fee to actual construction may be one to three years, depending on the complexity of the project as well as the other rehabilitation projects that are active. Upon completion of the rehabilitation, MSD will own the system. MSD budgets $200,000.00 per fiscal year for the takeover and rehabilitation of private sewer collection systems. Takeover and rehabilitation will be limited to systems located within the boundary of MSD. Projects will be prioritized to a basically "first come - first served" waiting list, with regard for those systems which pose the greatest public health risk. MSD, in its discretion, shall determine which private sewer collection systems pose the greatest threat to public health and welfare. In malting such a determination, MSD shall consider the number of houses or apartments affected, the time elapsed since the request was submitted to MSD, the estimated cost of rehabilitation, whether or not the system has been cited by the N.C. Department of Environment and Natural Resources for statutory violation(s), and MSD staff s field evaluation of the system. Projects not completed in a given fiscal year will be addressed as soon as possible depending on availability of funds. Projects will not be removed from MSD's list until rehabilitation is complete. FORM: PSR003 Information Regarding District Takeover & Rehabilitation of Private Sewer Systems Dear Property / Home Owner: The Metropolitan Sewerage District has established policies on the takeover and rehabilitation of Private Sewer Collection Systems. For definitions concerning Private Sewer Collection Systems, please see the sheet labeled "Private Sewer Systems". The owners of such private systems must meet several requirements before the District will take over and rehabilitate the systems. To be eligible for the Private Sewer Rehabilitation (PSR) Program the system must represent a demonstrated, repeated threat to the public's health and welfare. Typically, these systems have been cited by the N.C. Department of Environment and Natural Resources (NCDENR) for discharge of wastewater into the "Surface Waters of the State". Additionally, the system must also be "unclaimed", meaning that there is no formal ownership structure in place, such as a homeowner's association, for maintenance of the system. For takeover to occur, the District must receive a written request for the takeover directly from the appropriate governing official. For private sewer systems within corporate limits, this letter usually will come from the mayor, city manager, or appointee. For private systems within unincorporated areas inside District boundaries the letter comes from the Director of Buncombe County Planning and Development. The request for rehabilitation must be received before any significant work or planning is initiated. Additionally, all of the requirements listed on the attached sheet labeled "Steps to follow for the Takeover and Rehabilitation of Private Unclaimed Sewer Collection Systems" must be met. Once these requirements are met, the District will begin work to design and reconstruct the system to meet current District Standards. If the District rehabilitates a private collector sewer, the District will supply a new tap and sanitary cleanout for each home/structure included in the rehabilitation project. New cleanouts will be installed on the homeowner's property - at the edge of the District's Easement or at the edge of the public Right-of-way, whichever applies. If a tap & cleanout are not installed at a particular property, then no fee will be required from that homeowner. All services disconnected as a result of the sewer rehabilitation will be reconnected to the newly constructed sewer system. Any existing common service lines, if disconnected, will be reconnected to one of the cleanouts supplied by the District. The District will determine when common service lines should be replaced by a new District sewer collection system. Construction of sewer service lines located outside of public easements or Rights -of -Way is outside the scope of the District's policy on Takeover and Rehabilitation of Private Sewer Collection Systems. Each homeowner is responsible for connecting his/her building plumbing to the provided sewer service cleanout. Please note that District policies are subject to change. Contact the Metropolitan Sewerage District Engineering Division at 254-9646 for a copy of the current policies and practices for takeover and rehabilitation of private sewer collection systems. FORM: PSR004 Jan 18 07 08:38a Melissa Wright 828-669-4127 p.1 Fax To Mr Roy Davis From: Melissa Wright Fax: , Fax: Phone: Phone: Date: 1-17-06 Subject: concrete bottom Comments: Mr. Davis in regards to the concrete bottom with invert it has been put in on the North Lousianna Ave. prop ,rt , now known as Fields Forever Dr. Thank you for you help and guidance in this situation Hope you have a happy and prosperous Year. Sincerely, Melissa Wright r -7/- -)-,)-7 6, JAN 1 9 2007 WATER QUALITY SECTION I ASHEVILLE REGIONAL OFFICE Michael F. Easley, Governor William G. Ross Jr., Secretary • ^° North Carolina Department of Environment and Natural Resources SURFACE WATER PROTECTION December 12, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 1820 0002 9207 4212 Ms. Melissa R. Wright Post Office Box 271 Black Mountain, North Dear Ms. Wright: Carolina 28711 Alan W. Klimek, P.E. Director Division of Water Quality �,sttevili a+Regaon�l�Q#.i��W. SUBJECT: NOTICE OF VIOLATION NOV-2006-DV-0072 Incident Number 200604364 Illegal Discharge of Sewage Private Sewer Buncombe County You have -recently talked with Roy Davis of the Asheville Regional Office regarding your property on North Louisiana Avenue in West Asheville. A review of the web sites for Buncombe County and the Metropolitan Sewerage District of Buncombe County leads us to conclude that you own property on North Louisiana Avenue which contains a manhole (#69978) which is a part of a privately owned sewer line. On December 6, 2006 the private sewer line on your property experienced a Sewer System Overflow (SSO) from the manhole at the intersection of Fields Forever Drive and North Louisiana Drive. This illegal discharge of sewage entered an unnamed tributary to Smith Mill Creek. The manhole (# 69978) is a part of the private line which runs from Emma Road to a point near the intersection of North Louisiana and Adams Hill Road. This line crosses the property belonging to about a dozen people. At any particular point it belongs to the person whose property it crosses, including yours. No. one is assuming responsibility for the line. As a consequence, it becomes blocked from time to time and overflows sewage to a nearby stream. I am informing you as owner of manhole # 69978 which overflowed on December 6, 2006 that you are in violation of North Carolina General Statute 143-215.1(a) (1) in that you have discharged waste to the surface waters of the State without first obtaining a permit from the North Carolina Environmental Management Commission. Violations of this Statute are subject to Civil Penalties of up to $25,000 per day for each violation. None hCarolina ,1A1atutalt11 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 Melissa Wright December 12, 2006 Page 2 Investigation -on December 7, 2006 revealed -that manhole #69978 -has"no concrete bottom. You should immediately make arrangements for the installation of a proper concrete bottom with invert. Other manholes on your property should be checked for the same deficiency. It is reasonable to expect that the manhole will be rebuilt on or before January 31, 2007. Additionally, in anticipation of another blockage, you should make contact with a plumbing contractor having the necessary equipment to open a blockage in an 8-inch diameter sewer. Note that the most recent blockage in the line was caused by gravel. It is reasonable to assume that the gravel entered the line during the construction of the gravel road on your property. Should you take exception with any of the factual information presented in this notice do not hesitate to call Roy Davis at 828-296-4500. Otherwise we expect that manhole # 69978 shall have a proper concrete bottom installed on or before January 31, 2007. Please inform us in writing when repairs are complete. Sincerely, j 4, FeNA Roger C. Edwards, Regional Supervisor Surface Water Protection Xc: Mike Butler, MSD Herman Shelton, MSD Buncombe Co/MSD Collection System/Mosswood-Weiss Sewer Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality -p 'As heviIle, Regional"Office SURFACE WATER PROTECTION Y.`w' December 12, 2006 l.,''': CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 1820 0002 9207 4076 Mr. Parks Banks Post Office Box 387 Barnardsville, North Carolina 28709 7005 1820 0002 9207 4083 Mr. & Mrs. Bobby Hunnicutt 459 Emma Road Asheville, North Carolina 28806 7005 1820 0002 9207 4090 Ms.' Eleanor Lytle 96 Hazelwood Road Asheville, North Carolina 28806 7005 1820 0002 9207 4106 Mr. & Mrs. Frank Silvers 14 Oakmoss Lane Asheville, North Carolina 28806. 7005 1820 0002 9207 4113 Mr. Carl K. Winkler 20A Heather Way Candler, North Carolina 28715 7005 1820 0002 9207 4120 Ms. Melissa R. Wright Post Office Box 271 Black Mountain, North Carolina 28711 7005 1820 0002 9207 4168 Henry C. & Lee C. Fisher Trust 120 Adams Hill Road Asheville, North Carolina 28806 7005 1820 0002 9207 4175 Ms. Evelyn Frances Lunsford 459 Emma Road Asheville, North Carolina 28806 7005 1820 0002 9207 4137 Moss Enterprises, Inc. 599 North Louisiana Avenue Asheville, North Carolina 28806 7005 1820 0002 9207 4144 T.J. Investment Group, LLC Post Office Box 15031 Asheville, North Carolina 28813 7:Oy05 1.820_'Q®02.92'07.41:5.1�, ,;_�' Wright Action Real Estate Buyers Post Office Box 271 Black Mountain, North Carolina 28711 SUBJECT: SEWER MORATORIUM Mosswood-Weiss Sewer Buncombe County Dear Sirs and Madams: A review of the web sites for Buncombe County and the Metropolitan Sewerage District (MSD) of Buncombe County leads us to conclude that a private sewer, running from a point near the intersection of Emma Road and Shadowbrook Road to a point near the intersection of Adams Hill Road and North Louisiana Avenue, crosses your property. No e hCarolina 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 C a . r Mosswood-Weiss Sewer December 12, 2006 Page 2 This sewer belongs to each person whose property it crosses.. including you. For convenience, I will refer to this sewer as the Mosswood-Weiss sewer. The Mosswood-Weiss sewer has a history of overflows. The most recent such overflow occurred on December 6 & 7, 2006. No one is assuming responsibility for the routine maintenance and operation of the sewer which contributes to the frequency of overflows. Therefore, we have to view this sewer as being inadequate. The sewer should not be used by new sources of sewage until the issue of proper operation and maintenance is resolved. I am informing you as owner of a segment of the Mosswood-Weiss sewer that the Division of Water Quality, in accordance with the provisions of North Carolina General Statute 143-215.67( c ), plans to place the Mosswood-Weiss sewer on moratorium forty- five (45) days following receipt of this Notice,. This means that we will formally request MSD, Buncombe County, and the City of Asheville to withhold issuance of any authorizations for new use of the Mosswood-Weiss Sewer. Such authorizations would include among others "sewer approvals" or "placement permits". Any illegal discharges of sewage are subject to civil penalties of up to $25,000 per day for each violation. In anticipation of another blockage, each of you should make contact with a plumbing contractor having the necessary equipment to open a blockage in an 8-inch diameter sewer. Removing a blockage from a 8-inch sewer will probably to require special equipment such as a "vacuum truck" or "jetter". In our March 1, 2004 correspondence to the owners of this sewer we recommended that they follow those steps necessary to turning the sewer over to MSD. That remains our recommendation. MSD has the ability to do an excellent job of operating and maintaining the line and has a policy relating to taking over ownership of privately owned sewers. Rather than dealing with each individual property owner, MSD would rather you designate someone to represent all of you before that agency. Should you take exception with any of the factual information presented in this notice do not hesitate to call Roy Davis at 828-296-4500. Likewise please contact Mr. Davis should you have questions or need to discuss this matter. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Xc: Mike Butler, MSD Herman Shelton, MSD Deborah Gore Buncombe Co/MSD Collection System/Mosswood-Weiss Sewer/Moratorium Letter.06 F WATF Michael F. Easley, Governor William G. Ross Jr., Secretary cyl/ �` o G; North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director > Division of Water Quality N, Asheville Regional Office SURFACE WATER PR0TECT10N December 12, 2006 ri• CERTIFIED MAIL=:,:z.-au.,,: RETURN RECEIPT REQUESTE® �:ZQ05=1i82,060.002r-92:07 40�7�6 Mr. Parks Banks Post Office Box 387 Barnardsville, North Carolina 28709 7005 1820 0002 9207 4083 Mr. & Mrs. Bobby Hunnicutt 459 Emma Road Asheville, North Carolina 28806 7005 1820 0002 9207 4090 Ms. Eleanor Lytle 96 Hazelwood Road Asheville, North Carolina 28806 7005 1820 0002 9207 4106 Mr. & Mrs. Frank Silvers 14 Oakmoss Lane Asheville, North Carolina 28806 7005 1820 0002 9207 4113 Mr. Carl K. Winkler 20A Heather Way Candler, North Carolina 28715 7005 1820 0002 9207 4120 Ms. Melissa R. Wright Post Office Box 271 Black Mountain, North Carolina 28711 Dear Sirs and Madams: 7005 1820 0002 9207 4168 Henry C. & Lee C. Fisher Trust 120 Adams Hill Road Asheville, North Carolina 28806 7005 1820 0002 9207 4175 Ms. Evelyn Frances Lunsford 459 Emma Road Asheville, North Carolina 28806 7005 1820 0002 9207 4137 Moss Enterprises, Inc. 599 North Louisiana Avenue Asheville, North Carolina 28806 7005 1820 0002 9207 4144 T.J. Investment Group, LLC Post Office Box 15031 Asheville, North Carolina 28813 7005-1820 0002 9207 4151 Wright Action Real Estate Buyers Post Office Box 271 Black Mountain, North Carolina 28711 SUBJECT: SEWER MORATORIUM Mosswood-Weiss Sewer Buncombe County A review of the web sites for Buncombe County and the Metropolitan Sewerage District (MSD) of Buncombe County leads us to conclude that a private sewer, running from a point near the intersection of Emma Road and Shadowbrook Road to a point near the intersection of Adams Hill Road and North Louisiana Avenue, crosses your property. No e hCarolina 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 Mosswood-Weiss Sewer December 12, 2006 Page 2 This sewer belongs to each person whose property it crosses, including you. For convenience, I will refer to this sewer as the Mosswood-Weiss sewer. The Mosswood-Weiss.:sewer has a history of oyerflows. The most recent such overflow occurred on December 6 & 7, 2006. No one is assuming responsibility for the routine maintenance and operation of the sewer which contributes to the frequency of overflows. Therefore, we have to view this sewer as being inadequate. The sewer should not be used by new sources of sewage until the issue of proper operation and maintenance is resolved. I am informing you as owner of a segment of the Mosswood-Weiss sewer that the Division of Water Quality, in accordance with the provisions of North Carolina General Statute 143-215.67( c ), plans to place the Mosswood-Weiss sewer on moratorium forty- five (45) days following receipt of this Notice,. This means that we will formally request MSD, Buncombe County, and the City of Asheville to withhold issuance of any authorizations for new use of the Mosswood-Weiss Sewer. Such authorizations would include among others "sewer approvals" or "placement permits". Any illegal discharges of sewage are subject to civil penalties of up to $25,000 per day for each violation. In anticipation of another blockage, each of you should make contact with a plumbing contractor having the necessary equipment to open a blockage in an 8-inch diameter sewer. Removing a blockage from a 8-inch sewer will probably to require special equipment such as a "vacuum truck" or "jetter". In our March 1, 2004 correspondence to the owners of this sewer we recommended that they follow those steps necessary to turning the sewer over to MSD. That remains our recommendation. MSD has the ability to do an excellent job of operating and maintaining the line and has a policy relating to taking over ownership of privately owned sewers. Rather than dealing with each individual property owner, MSD would rather you designate someone to represent all of you before that agency. Should you take exception with any of the factual information presented in this notice do not hesitate to call Roy Davis at 828-296-4500. Likewise please contact Mr. Davis should you have questions or need to discuss this matter. Sincerely, 0 Roger C. Edwards, Regional Supervisor Surface Water Protection Xc: Mike Butler, MSD Herman Shelton, MSD Deborah Gore Buncombe Co/MSD Collection System/Mosswood-Weiss Sewer/Moratorium Letter.06 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Ash evil l e. Rea i o n a l Office SURFACE WATER PROTECTION::.; December 12, 2006 " CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 1820 0002 9207 4076 Mr. Parks Banks Post Office Box 387 Barnardsville, North Carolina.28709 7005 1820 0002 9207 4083 Mr. & Mrs. Bobby Hunnicutt 459 Emma Road Asheville, North Carolina 28806 7005 1820 0002 9207 4090 Ms. Eleanor Lytle 96 Hazelwood Road Asheville, North Carolina 28806 7005 1820 0002 9207 4106 Mr. & Mrs. Frank Silvers 14 Oakmoss Lane Asheville, North Carolina 28806 7005 1820 0002 9207 4113 Mr. Carl K. Winkler 20A Heather Way Candler, North Carolina 28715 7005 1820 0002 9207 4120 Ms. Melissa R. Wright Post Office Box 271 Black Mountain, North Carolina 28711 7005 1820 0002 9207 4168 Henry C. & Lee C. Fisher Trust 120 Adams Hill Road Asheville, North Carolina 28806 7005 1820 0002 9207 4175 Ms. Evelyn Frances Lunsford 459 Emma Road Asheville, North Carolina 28806 7005 1820 0002 9207 4137 Moss Enterprises, Inc. 599 North Louisiana Avenue Asheville, North Carolina 28806 70,05�1820�0:0:0�2�9207 4144 ������, T.J. Investment Group, LLC Post Office Box 15031 Asheville, North Carolina 28813 7005-1820 0002 9207 4151 Wright Action Real Estate Buyers Post Office Box 271 Black Mountain, North Carolina 28711 SUBJECT: SEWER MORATORIUM Mosswood-Weiss Sewer Buncombe County Dear Sirs and Madams: A review of the web sites for Buncombe County and the Metropolitan Sewerage District (MSD) of Buncombe County leads us to conclude that a private sewer, running from a point near the intersection of Emma Road and Shadowbrook Road to a point near the intersection of Adams Hill Road and North Louisiana Avenue, crosses your property. No thCarolina dlVatinally 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 Mosswood-Weiss Sewer December 12, 2006 Page 2 This sewer belongs to each person whose property it crosses, including you. For convenience, I will refer to this sewer as the Mosswood-Weiss sewer. The Mosswood-Weiss sewer has a history of overflows. The most recent such overflow occurred on December 6 & 7, 2006. No one is assuming responsibility for the routine maintenance and operation of the sewer which contributes to the frequency of overflows. Therefore, we have to view this sewer as being inadequate. The sewer should not be used by new sources of sewage until the issue of proper operation and maintenance is resolved. I am informing you as owner of a segment of the Mosswood-Weiss sewer that the Division of Water Quality, in accordance with the provisions of North Carolina General Statute 143-215.67( c ), plans to place the Mosswood-Weiss sewer on moratorium forty- five (45) days following receipt of this Notice,. This means that we will formally request MSD, Buncombe County, and the City of Asheville to withhold issuance of any authorizations for new use of the Mosswood-Weiss Sewer. Such authorizations would include among others "sewer approvals" or "placement permits". Any illegal discharges of sewage are subject to civil penalties of up to $25,000 per day for each violation. In anticipation of another blockage, each of you should make contact with a plumbing contractor having the necessary equipment to open a blockage in an 8-inch diameter sewer. Removing a blockage from a 8-inch sewer will probably to require special equipment such as a "vacuum truck" or "jetter". In our March 1, 2004 correspondence to the owners of this sewer we recommended that they follow those steps necessary to turning the sewer over to MSD. That remains our recommendation. MSD has the ability to do an excellent job of operating and maintaining the line and has a policy relating to taking over ownership of privately owned sewers. Rather than dealing with each individual property owner, MSD would rather you designate someone to represent all of you before that agency. Should you take exception with any of the factual information presented in this notice do not hesitate to call Roy Davis at 828-296-4500. Likewise please contact Mr. Davis should you have questions or need to discuss this matter. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Xc: Mike Butler, MSD Herman Shelton, MSD Deborah Gore Buncombe Co/MSD Collection System/Mosswood-Weiss Sewer/Moratorium Letter.06 AT"FRQ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources CERTIFIED MAI Alan W. Klimek, P.E. Director Division of Water Quality Asheville SURFACE WATER PROTECTION December 12, 2006 1 L Yz: RETURN RECEIPT REQUESTED 7005 1820 0002 9207 4076 Mr. Parks Banks Post Office Box 387 Barnardsville, North Carolina 28709 7005 1820 0002 9207 4083 Mr. & Mrs. Bobby Hunnicutt 459 Emma Road Asheville, North Carolina 28806 7005 1820 0002 9207 4090 Ms. Eleanor Lytle 96 Hazelwood Road Asheville, North Carolina 28806 7005 1820 0002 9207 4106 Mr. & Mrs. Frank Silvers 14 Oakmoss Lane Asheville, North Carolina 28806 7005 1820 0002 9207 4113 Mr. Carl K. Winkler 20A Heather Way Candler, North Carolina 28715 7005 1820 0002 9207 4120 Ms. Melissa R. Wright Post Office Box 271 Black Mountain, North Carolina 28711 00'5 2000"0292:Or7�41681; Henry C. & Lee C. Fisher Trust 120 Adams Hill Road Asheville, North Carolina 28806 7005 1820 0002 9207 4175 Ms. Evelyn Frances Lunsford 459 Emma Road Asheville, North Carolina 28806 7005 1820 0002 9207 4137 Moss Enterprises, Inc. 599 North Louisiana Avenue Asheville, North Carolina 28806 7005 1820 0002 9207 4144 T.J. Investment Group, LLC Post Office Box 15031 Asheville, North Carolina 28813 7005-1820 0002 9207 4151 Wright Action Real Estate Buyers Post Office Box 271 Black Mountain, North Carolina 28711 SUBJECT: SEWER MORATORIUM Mosswood-Weiss Sewer Buncombe County Dear Sirs and Madams: A review of the web sites for Buncombe County and the Metropolitan Sewerage District (MSD) of Buncombe County leads us to conclude that a private sewer, running from a point near the intersection of Emma Road and Shadowbrook Road to a point near the intersection of Adams Hill Road and North Louisiana Avenue, crosses your property. NorthCarolina lltlfl'll��f 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 Mosswood-Weiss Sewer December 12. 2006 Paae 2 This sewer belongs to each person whose property it crosses, including you. For convenience, I will refer to this sewer as the Mosswood-Weiss sewer. The Mosswood-Weiss sewer has a history of overflows. The most recent such overflow occurred on December 6 & 7, 2006. No one is assuming responsibility for the routine maintenance and operation of the sewer which contributes to the frequency of overflows. Therefore, we have to view this sewer as being inadequate. The sewer should not be used by new sources of sewage until the issue of proper operation and maintenance is resolved. I am informing you as owner of a segment of the Mosswood-Weiss sewer that the Division of Water Quality, in accordance with the provisions of North Carolina General Statute 143-215.67( c ), plans to place the Mosswood-Weiss sewer on moratorium forty- five (45) days following receipt of this Notice,. This means that we will formally request MSD, Buncombe County, and the City of Asheville to withhold issuance of any authorizations for new use of the Mosswood-Weiss Sewer. Such authorizations would include among others "sewer approvals" or "placement permits". Any illegal discharges of sewage are subject to civil penalties of up to $25,000 per day for each violation. In anticipation of another blockage, each of you should make contact with a plumbing contractor having the necessary equipment to open a blockage in an 8-inch diameter sewer. Removing a blockage from a 8-inch sewer will probably to require special equipment such as a "vacuum truck" or "jetter". In our March 1, 2004 correspondence to the owners of this sewer we recommended that they follow those steps necessary to turning the sewer over to MSD. That remains our recommendation. MSD has the ability to do an excellent job of operating and maintaining the line and has a policy relating to taking over ownership of privately owned sewers. Rather than dealing with each individual property owner, MSD would rather you designate someone to represent all of you before that agency. Should you take exception with any of the factual information presented in this notice do not hesitate to call Roy Davis at 828-296-4500. Likewise please contact Mr. Davis should you have questions or need to discuss this matter. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Xc: Mike Butler, MSD Herman Shelton, MSD Deborah Gore Buncombe Co/MSD Collection System/Mosswood-Weiss Sewer/Moratorium Letter.06 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION December 12 2006 �' v CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 1820 0002 9207 4076 Mr. Parks Banks Post Office Box 387 Barnardsville, North Carolina 28709 7005 1820 0002 9207 4083 Mr. & Mrs. Bobby Hunnicutt 459 Emma Road Asheville, North Carolina 28806 7005 1820 0002 9207 4090 Ms. Eleanor Lytle 96 Hazelwood Road Asheville, North Carolina 28806 7005 1820 0002 9207 4106 Mr. & Mrs. Frank Silvers 14 Oakmoss Lane Asheville, North Carolina 28806 7005 1820 0002 9207 4113 Mr. Carl K. Winkler 20A Heather Way Candler, North Carolina 28715 7005 1820 0002 9207 4120 Ms. Melissa R. Wright Post Office Box 271 Black Mountain, North Carolina 28711 Dear Sirs and Madams: 7005 1820 0002 9207 4168 Henry C. & Lee C. Fisher Trust 120 Adams Hill Road Asheville, North Carolina 28806 Z4-65 1'820-0002-9207-417:5 Ms. Evelyn Frances Lunsford 459 Emma Road Asheville, North Carolina 28806 7005 1820 0002 9207 4137 Moss Enterprises, Inc. 599 North Louisiana Avenue Asheville, North Carolina 28806 7005 1820 0002 9207 4144 T.J. Investment Group, LLC Post Office Box 15031 Asheville, North Carolina 28813 7005-1820 0002 9207 4151 Wright Action Real Estate Buyers Post Office Box 271 Black Mountain, North Carolina 28711 SUBJECT: SEWER MORATORIUM Mosswood-Weiss Sewer Buncombe County A review of the web sites for Buncombe County and the Metropolitan Sewerage District (MSD) of Buncombe County leads us to conclude that a private sewer, running from a point near the intersection of Emma Road and Shadowbrook Road to a point near the intersection of Adams Hill Road and North Louisiana Avenue, crosses your property. No e hCarolina Natlrrally 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 Mosswood-Weiss Sewer December 12, 2006 Pago 2 This sewer belongs to each person whose property it crosses, including you. For convenience, I will refer to this sewer as the Mosswood-Weiss sewer. The Mosswood-Weiss sewer has a history of oyerflows. The most recent such overflow occurred on December 6 & 7, 2006. No one is assuming responsibility for the routine maintenance and operation of the sewer which contributes to the frequency of overflows. Therefore, we have to view this sewer as being inadequate. The sewer should not be used by new sources of sewage until the issue of proper operation and maintenance is resolved. I am informing you as owner of a segment of the Mosswood-Weiss sewer that the Division of Water Quality, in accordance with the provisions of North' Carolina General Statute 143-215.67( c ), plans to place the Mosswood-Weiss sewer on moratorium forty- five (45) days following receipt of this Notice,. This means that we will formally request MSD, Buncombe County, and the City of Asheville to withhold issuance of any authorizations .for new use of the Mosswood-Weiss Sewer. Such authorizations would include among others "sewer approvals" or "placement permits". Any illegal discharges of sewage are subject to civil penalties of up to $25,000 per day for each violation. In anticipation of another blockage, each of you should make contact with a plumbing contractor having the necessary equipment to open a blockage in an 8-inch diameter sewer. Removing a blockage from a 8-inch sewer will probably to require special equipment such as a "vacuum truck" or' fetter". In our March 1, 2004 correspondence to the owners of this sewer we recommended that they follow those steps necessary to turning the sewer over to MSD. That remains our recommendation. MSD has the ability to do an excellent job of operating and maintaining the line and has a policy relating to taking over ownership of privately owned sewers. Rather than dealing with each individual property owner, MSD would rather you designate someone to represent all of you before that agency. Should you take exception with any of the factual information presented in this notice do not hesitate to call Roy Davis at 828-296-4500. Likewise please contact Mr. Davis should you have questions or need to discuss this matter. Sincerely, 0-Y Roger C. Edwards, Regional Supervisor Surface Water Protection Xc: Mike Butler, MSD Herman Shelton, MSD Deborah Gore Buncombe Co/MSD Collection System/Mosswood-Weiss Sewer/Moratorium Letter.06 OF- W A ,F-q Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality F"" FAsheaille Reaional.Office SURFACE WATER PROTECTION'`��_„t_L A December 12, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 1820 0002 9207 4076 Mr. Parks Banks Post Office Box 387 Barnardsville, North Carolina 28709 7005 1820 0002 9207 4083 Mr. & Mrs. Bobby Hunnicutt 459 Emma Road Asheville, North Carolina 28806 7005 1820 0002 9207 4090 Ms. Eleanor Lytle 96 Hazelwood Road Asheville, North Carolina 28806 7005 1820 0002 9207 4106 Mr. & Mrs. Frank Silvers 14 Oakmoss Lane Asheville, North Carolina 28806 7005 1820 0002 9207 4113 Mr. Carl K. Winkler 20A Heather Way Candler, North Carolina 28715 7005 1820 0002 9207 4120 Ms. Melissa R. Wright Post Office Box 271 Black Mountain, North Carolina 28711 Dear Sirs and Madams: 7005 1820 0002 9207 4168 Henry C. & Lee C. Fisher Trust 120 Adams Hill Road Asheville, North Carolina 28806 7005 1820 0002 9207 4175 Ms. Evelyn Frances Lunsford 459 Emma Road Asheville, North Carolina 28806 005L1sg2040=29207-41.37- Moss Enterprises, Inc. 599 North Louisiana Avenue Asheville, North Carolina 28806 70.05 1820 0002 9207 4144 T.J. Investment Group, LLC Post Office Box 15031 Asheville, North Carolina 28813 7005-1820 0002 9207 4151 Wright Action Real Estate Buyers Post Office Box 271 Black Mountain, North Carolina 28711 SUBJECT: SEWER MORATORIUM Mosswood-Weiss Sewer Buncombe County A review of the web sites for Buncombe County and the Metropolitan Sewerage District (MSD) of Buncombe County leads us to conclude that a private sewer, running from a point near the intersection of Emma Road and Shadowbrook Road to a point near the intersection of Adams Hill Road and North Louisiana Avenue, crosses your property. o e NhCarolina Naturally 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 Mosswood-Weiss Sewer December 12, 2006 Page 2 This sewer belongs to each person whose property it crosses, including you. For convenience, I will refer to this sewer as the Mosswood-Weiss sewer. The Mosswood-Weiss sewer has a history of overflows. The most recent such overflow occurred on December 6 & 7, 2006. No one is assuming responsibility for the routine maintenance and operation of the sewer which contributes to the frequency of overflows. Therefore, we have to view this sewer as being inadequate. The sewer should not be used by new sources of sewage until the issue of proper operation and maintenance is resolved. I am informing you as owner of a segment of the Mosswood-Weiss sewer that the Division of Water Quality, in accordance with the provisions of North Carolina General Statute 143-215.67( c ), plans to place the Mosswood-Weiss sewer on moratorium forty- five (45) days following receipt of this Notice,. This means that we will formally request MSD, Buncombe County, and the City of Asheville to withhold issuance of any authorizations for new use of the Mosswood-Weiss Sewer. Such authorizations would include among others "sewer approvals" or "placement permits". Any illegal discharges of sewage are subject to civil penalties of up to $25,000 per day for each violation. In anticipation of another blockage, each of you should make contact with a plumbing contractor having the necessary equipment to open a blockage in an 8-inch diameter sewer. Removing a blockage from a 8-inch sewer will probably to require special equipment such as a "vacuum truck" or "jetter". In our March 1, 2004 correspondence to the owners of this sewer we recommended that they follow those steps necessary to turning the sewer over to MSD. That remains our recommendation. MSD has the ability to do an excellent job of operating and maintaining the line and has a policy relating to taking over ownership of privately owned sewers. Rather than dealing with each individual property owner, MSD would rather you designate someone to represent all of you before that agency. Should you take exception with any of the factual information presented in this notice do not hesitate to call Roy Davis at 828-296-4500. Likewise please contact Mr. Davis should you have questions or need to discuss this matter. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Xc: Mike Butler, MSD Herman Shelton, MSD Deborah Gore Buncombe Co/MSD Collection System/Mosswood-Weiss Sewer/Moratorium Letter.06 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources SURFACE WATER PROTECTION December 12, 2006 ' CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 1820 0002 9207 4076 Mr. Parks Banks Post Office Box 387 Barnardsville, North Carolina 28709 7005 1820 0002 9207 4083 Mr. & Mrs. Bobby Hunnicutt 459 Emma Road Asheville, North Carolina 28806 7005 1820 0002 9207 4090 Ms. Eleanor Lytle 96 Hazelwood Road Asheville, North Carolina 28806 7005 1820 0002 9207 4106 Mr. & Mrs. Frank Silvers 14 Oakmoss Lane Asheville, North Carolina 28806 7OQ.'5a1 �20-00.02 9207 4113- Mr. Carl K. Winkler 20A Heather Way Candler, North Carolina 28715 7005 1820 0002 9207 4120 Ms. Melissa R. Wright Post Office Box 271 Black Mountain, North Carolina 28711 Alan W. Klimek, P.E. Director Division of Water Quality Asheville Regional Office 7005 1820 0002 9207 4168 Henry C. & Lee C. Fisher Trust 120 Adams Hill Road Asheville, North Carolina 28806 7005 1820 0002 9207 4175 Ms. Evelyn Frances Lunsford 459 Emma Road Asheville, North Carolina 28806 7005 1820 0002 9207 4137 Moss Enterprises, Inc. 599 North Louisiana Avenue Asheville, North Carolina 28806 7005 1820 0002 9207 4144 T.J. Investment Group, LLC Post Office Box 15031 Asheville, North Carolina 28813 7005-1820 0002 9207 4151 Wright Action Real Estate Buyers Post Office Box 271 Black Mountain, North Carolina 28711 SUBJECT: SEWER MORATORIUM Mosswood-Weiss Sewer Buncombe County Dear Sirs and Madams: A review of the web sites for Buncombe County and the Metropolitan Sewerage District (MSD) of Buncombe County leads us to conclude that a private sewer, running from a point near the intersection of Emma Road and Shadowbrook Road to a point near the intersection of Adams Hill Road and North Louisiana Avenue, crosses your property. No thCarolina Naturally 2090 U.S. Highway,70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 Mosswood-Weiss Sewer December 12, 2006 Page 2 This sewer belongs to each person whose property it crosses, including you. For convenience, I will refer to this sewer as the Mosswood-Weiss sewer. The Mosswood-Weiss sewer has a history of overflows. The most recent such overflow occurred on .December 6 & 7, 2006. No one is assuming responsibility for the routine maintenance and operation of the sewer which contributes to the frequency of overflows. Therefore, we have to view this sewer as being inadequate. The sewer should not be used by new sources of sewage until the issue of proper operation and maintenance is resolved. I am informing you as owner of a segment of the Mosswood-Weiss sewer that the Division of Water Quality, in accordance with the provisions of North Carolina General Statute 143-215.67( c ), plans to place the Mosswood-Weiss sewer on moratorium forty- five (45) days following receipt of this Notice,. This means that we will formally request MSD, Buncombe County, and the City of Asheville to withhold issuance of any authorizations for new use of the Mosswood-Weiss Sewer. Such authorizations would include among others "sewer approvals" or "placement permits". Any illegal discharges of sewage are subject to civil penalties of up to $25,000 per day for each violation. In anticipation of another blockage, each of you should make contact with a plumbing contractor having the necessary equipment to open a blockage in an 8-inch diameter sewer. Removing a blockage from a 8-inch sewer will probably to require special equipment such as a "vacuum truck" or "jetter". In our March 1, 2004 correspondence to the owners of this sewer we recommended that they follow those steps necessary to turning the sewer over to MSD. That remains our recommendation. MSD has the ability to do an excellent job of operating and maintaining the line and has a policy relating to taking over ownership of privately owned sewers. Rather than dealing with each individual property owner, MSD would rather you designate someone to represent all of you before that agency. Should you take exception with any of the factual information presented in this notice do not hesitate to call Roy Davis at 828-296-4500. Likewise please contact Mr. Davis should you have questions or need to discuss this matter. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Xc: Mike Butler, MSD Herman Shelton, MSD Deborah Gore Buncombe Co/MSD Collection System/Mosswood-Weiss Sewer/Moratorium Letter.06 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION December 12, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 1820 0002 9207 4076 Mr. Parks Banks Post Office Box 387 Barnardsville, North Carolina 28709 7005 1820 0002 9207 4083 Mr. & Mrs. Bobby Hunnicutt 459 Emma Road Asheville, North Carolina 28806 7005 1820 0002 9207 4090 Ms. Eleanor Lytle 96 Hazelwood Road Asheville, North Carolina 28806 7005-1820- 0002 9207 41-06; j` Mr. & Mrs. Frank Silvers 14 Oakmoss Lane Asheville, North Carolina 28806 7005 1820 0002 9207 4113 Mr. Carl K. Winkler 20A Heather Way Candler, North Carolina 28715 7005 1820 0002 9207 4120 Ms. Melissa R. Wright Post Office Box 271 Black Mountain, North Carolina 28711 Dear Sirs and Madams: 7005 1820 0002 9207 4168 Henry C. & Lee C. Fisher Trust 120 Adams Hill Road Asheville, North Carolina 28806 7005 1820 0002 9207 4175 Ms. Evelyn Frances Lunsford 459 Emma Road Asheville, North Carolina 28806 7005 1820 0002 9207 4137 Moss Enterprises, Inc. 599 North Louisiana Avenue Asheville, North Carolina 28806 7005 1820 0002 9207 4144 T.J. Investment Group, LLC Post Office Box 15031 Asheville, North Carolina 28813 7005-1820 0002 9207 4151 Wright Action Real Estate Buyers Post Office Box 271 Black Mountain, North Carolina 28711 SUBJECT: SEWER MORATORIUM Mosswood-Weiss Sewer Buncombe County A review of the web sites for Buncombe County and the Metropolitan Sewerage District (MSD) of Buncombe County leads us to conclude that a private sewer, running from a point near the intersection of Emma Road and Shadowbrook Road to a point near the intersection of Adams Hill Road and North Louisiana Avenue, crosses your property. NorthCarolina Natin,ally 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 Mosswood-Weiss Sewer December 12, 2006 Page 2 This sewer belongs to each person whose property it crosses, including you. For convenience, I will refer to this sewer as the Mosswood-Weiss sewer. The Mosswood-Weiss sewer has a history of overflows. The most recent such overflow occurred on December 6 & 7, 2006. No one is assuming responsibility for the routine maintenance and operation of the sewer which contributes to the frequency of overflows. Therefore, we have to view this sewer as being inadequate. The sewer should not be used by new sources of sewage until the issue of proper operation and maintenance is resolved. I am informing you as owner of a segment of the Mosswood-Weiss sewer that the Division of Water Quality, in accordance with the provisions of North Carolina General Statute 143-215.67( c ), plans to place the Mosswood-Weiss sewer on moratorium forty- five (45) days 'following receipt of this Notice,. This means that we will formally request MSD, Buncombe County, and the City of Asheville to withhold issuance of any authorizations for new use of the Mosswood-Weiss Sewer. Such authorizations would include among others "sewer approvals" or "placement permits". Any illegal discharges of sewage are subject to civil penalties of up to $25,000 per day for each violation. In anticipation of another blockage, each of you should make contact with a plumbing contractor having the necessary equipment to open a blockage in an 8-inch diameter sewer. Removing a blockage from a 8-inch sewer will probably to require special equipment such as a "vacuum truck" or "jetter". In our March 1, 2004 correspondence to the owners of this sewer we recommended that they follow those steps necessary to turning -the sewer over to MSD. That remains our recommendation. MSD has the ability to do an excellent job of operating .and maintaining the line and has a policy relating to taking over ownership of privately owned sewers. Rather than dealing with each individual property owner, MSD would rather you designate someone to represent all of you before that agency. Should you take exception with any of the factual information presented in this notice do not hesitate to call Roy Davis at 828-296-4500. Likewise please contact Mr. Davis should you have questions or need to discuss this matter. Sincerely, Ar_07_1_1�,Q `- r Gr--L/t/r� Roger C. Edwards, Regional Supervisor Surface Water Protection Xc: Mike Butler, MSD Herman Shelton, MSD Deborah Gore Buncombe Co/MSD Collection System/Mosswood-Weiss Sewer/Moratorium Letter.06 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION December 12, 2006 t CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 1820 0002 9207 4076 Mr. Parks Banks Post Office Box 387 Barnardsville, North Carolina 28709 Q,k7,j -5e_1820,0002_"9207: 4Q:9 Mr. & Mrs. Bobby Hunnicutt 459 Emma Road Asheville, North Carolina 28806 7005 1820 0002 9207 4090 Ms. Eleanor Lytle 96 Hazelwood Road Asheville, North Carolina 28806 7005 1820 0002 9207 4106 Mr. & Mrs. Frank Silvers 14 Oakmoss Lane Asheville, North Carolina 28806 7005 1820 0002 9207 4113 Mr. Carl K. Winkler 20A Heather Way Candler, North Carolina 28715 7005 1820 0002 9207 4120 Ms. Melissa R. Wright Post Office Box 271 Black Mountain, North Carolina 28711 Dear Sirs and Madams: 7005 1820 0002 9207 4168 Henry C. & Lee C. Fisher Trust 120 Adams Hill Road Asheville, North Carolina 28806 7005 1820 0002 9207 4175 Ms. Evelyn Frances Lunsford 459 Emma Road Asheville, North Carolina 28806 7005 1820 0002 9207 4137 Moss Enterprises, Inc. 599 North Louisiana Avenue Asheville, North Carolina 28806 7005 1820 0002 9207 4144 T.J. Investment Group, LLC Post Office Box 15031 Asheville, North Carolina 28813 7005-1820 0002 9207 4151 Wright Action Real Estate Buyers Post Office Box 271 Black Mountain, North Carolina 28711 SUBJECT: SEWER MORATORIUM Mosswood-Weiss Sewer Buncombe County A review of the web sites for Buncombe County and the Metropolitan Sewerage District (MSD) of Buncombe County leads us to conclude that a private sewer, running from a point near the intersection of Emma Road and Shadowbrook Road to a point near the intersection of Adams Hill Road and North Louisiana Avenue, crosses your property. N� hCarolina Ntaturally 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 Mosswood-Weiss Sewer December 12, 2006 Page 2 This sewer belongs to each person whose property it crosses, including you. For convenience, I will refer to this sewer as the Mosswood-Weiss sewer. The Mosswood-Weiss sewer has a history of overflows. The most recent such overflow occurred on December 6 & 7, 2006. No one is assuming responsibility for the routine maintenance and operation of the sewer which contributes to the frequency of overflows. Therefore, we have to view this sewer as being inadequate. The sewer should not be used by new sources of sewage until the issue of proper operation and maintenance is resolved. I am informing you as owner of a segment of the Mosswood-Weiss sewer that the Division of Water Quality, in accordance with the provisions of North Carolina General Statute 143-215.67( c ), plans to place the Mosswood-Weiss sewer on moratorium forty- five (45) days following receipt of this Notice,. This means that we will formally request MSD, Buncombe County, and the City of Asheville to withhold issuance of any authorizations for new use of the Mosswood-Weiss Sewer. Such authorizations would include among others "sewer approvals" or "placement permits". Any illegal discharges of sewage are subject to civil penalties of up to $25,000 per day for each violation. In anticipation of another blockage, each of you should make contact with a plumbing contractor having the necessary equipment to open a blockage in an 8-inch diameter sewer. Removing a blockage from a 8-inch sewer will probably to require special equipment such as a "vacuum truck" or "jetter". In our March 1, 2004 correspondence to the owners of this sewer we recommended that they follow those steps necessary to turning the sewer over to MSD. That remains our recommendation. MSD has the ability to do an excellent job of operating and maintaining the line and has a policy relating to taking over ownership of privately owned sewers. Rather than dealing with each individual property owner, MSD would rather you designate someone to represent all of you before that agency. Should you take exception with any of the factual information presented in this notice do not hesitate to call Roy Davis at 828-296-4500. Likewise please contact Mr. Davis should you have questions or need to discuss this matter. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Xc: Mike Butler, MSD Herman Shelton, MSD Deborah Gore Buncombe Co/MSD Collection System/Mosswood-Weiss Sewer/Moratorium Letter.06 lA State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street a Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary October 1, 1985 Director Mr. Walter Weiss, Partner W & M Investment Company 107 Merrimon Avenue Asheville, North Carolina 28801 SUBJECT: Permit No. 12232 W & M Investment Company Hazelwood Park Private Sewer Collection System Buncombe County Dear Mr. Weiss: In accordance with your application received July 25, 1985, we are forwarding herewith Permit No. 12232, dated October 1, 1985, to the W & M Investment Company for the construction and operation of the subject wastewater collection system extensions. - 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 to you, you have the right to an adjudicatory hearing before a hearing officer upon written demand to the Director within thirty (30) days following receipt of this permit, identifying the specific issues to be con- tended. Unless such demand is made, this permit shall be final and binding. One (1) set of approved plans and specifications is being forwarded to you. If you have any questions or need additional information concerning this matter, please contact Mr. Asaad Shamsi, telephone No. 919/733-5083, ext. 137. Sincerely yours, OrlgiAal Signed By ARTHUR MOUBERRY RFo�aul Wilms Director cc: Buncombe County Health Department Associated Land Technologies Mr. Dennis R. Ramsey - Asheville Regional Supervisor Pollution Prevention Pays RPW/imp P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 FEti 2 3 b00Z WAT �1�r1 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COj%MISSION DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT RALEIGH P E R M I T For the Discharge of Sewage, Industrial Wastes, or Other Wastes In accordance with the provisions of Statutes of North Carolina as Article 21 of Chapter 14 Regulations amended, and other a P 3> General applicable Laws, Rules and PERMISSION IS HEREBY GRANTED TO W & M Investment Company Buncombe County FOR THE construction and operation of approximately ischar ydl'629 lineal feet of wastewater into the County of , e 8-inch gravity sewers to serve Hazelwood Buncombe s existing g the collected domestic 14- g sewerage system, Pursuant to the application received Jul 2 project plans, specifications y 5' 1985, and in conformit w and approved by the Department a dNatur lsupporting data, subsequentl f l the ed and considered a part of this Resources and Community Development Permit • . This Permit Shall be effective from the date of issuance until and shall be subject to the following specified conditions a it rescinded, 1• This permit shall become voidable unless the facilities and limitations: accordance with the approved plans, specifications and other supporting ies are constructed in 2• This permit is effective only data. described in the a with respect to the nature and volume of wastes pplication and other supporting data. 3. The facilities shall be properly maintained and operated at all times. 4. This.Perm.it shall become voidable unless the agreement Investment Company and the Metropolitan Sewage District bof Bun o & M County for the collection and final treatment of domestic wastewater full force and Buncombe effect. stewater is in 5• The sewage in the Metropolitan an liasteatercollected b _ y this system shall be adequately iischar ed Sewagestrict Wastewater g into the receiving treated Treatment Plant prior to being 6• This g stream. yaeel,D � a a1i G�Z DEB 19 ASHAEVIRLLE RAEGIOSECTION1 State of irvortft Cam ina . Department of ivstice P,OY COOPER 42 North French Bzoad Avenue western Office Attomoy-Grneral Asheville, NC 28801 Phone: (828) 251-6083 Fax: (828) 251-6338 FACSIMILE TRANS ISSION COVER SHEET Note: The Information contained in this facsimile message Is confidential information Intended only for the use of the indlvld"I or entity named below. If the reader of this message is not the iratended chip recipient, ited. If you have hereby notified that any dissemination, distribution or copy of this telecopy Estrictly received this telecopy in error, please Immediately notify us by telephone and return the original message to us at the address above via United States Postal Service. Thank you. DATE: February 15, 2004 TO: Roy Davis Division of Water Quality Asheville Regional Office FAX NUMBER: 251-6452 FROM: Su anna P. Sumpter AsIstant Attorney General Attorrey General's Western Office i SUBJECT: Co0y of NCOS 143-215.67 NUMBER OF PAGES INCLUDING COVER SHEET: 3 COMMENTS: Hi � Attached is the copy of NCGS 215,67 you requested. I ha�oy. to get it off of Lexis, since we just moved last week and the books are all still packed upl This should be the most current edition anyway. (FYI, we are now located at 42 North French Broad Avenue - but same phone, fax and e-mail) Sueanna 10'd LS:6 h00Z 0l qaA 301AA0 M N10 11V Cret a Document - by Citation 1V.C. Cen. Stet. § 143-215.6'� Page 1 of 2 Service: Get by LEXSTATV TOC: General Statutes of North Qaro{inq > ! .. L > PART 7_ w P A AIR � ALITY EPO ING > § 449- 215.0. Acceptance of wastes to disposal systems and air -cleaning devices Citation. • no code 143-215.67 N.C. Gen. Stat. § 143-215.67 GENERAL STATUTES OF NORTH CAROLINA Copyright C 2004 by Matthew Bender & Company, Inc. a member of the LexisNexls Group. All rights reserved. ** STATUTES CURRENT THROUGH THE 2003 SECOND SPECIAL SESSION *'�* *** ANNOTATIONS CURRENT THROUGH DECEMBER 1, 2003 *** CHAPTER 143. STATE DEPARTMENTS, INSTITUTIONS► AND COMMISSIONS ARTICLE 21. WATER AND AIR RESOURCES PART 7. WATER AND AIR QUALITY REPORTING e 00 TO 017E ARCHIVE QXREC DICTION N.C. Gen. Stat. § 143-215.67 (2004) § 143 215.67. Acceptance'of wastes to disposal systems and air -cleaning devices (a) No person subject to the provisions of G.S. 143-215.1, 143-215,108, or 143-215..109 shall willfully cause or allow the discharge of any wastes or air contaminants to a waste - disposal system or air -cleaning device in excess of the capacity of the disposal system or cleaning device or any wastes or air contaminants which the disposal system or cleaning device cannot adequately treat, This subsection does not prohibit the discharge of waste to a treatment works operated by a public utility or unit of local government in excess of the capacity of the treatment works by any person who holds a valid building permit issued prior to the date on which the public utility or unit of local government receives the notice required by subsection (c) of this section if the Commission finds that the discharge of waste will not result In any significant degradation in the quality of the waters ultimately receiving the discharge as provided in subsection (b) of this section. (b) The Commission may authorize a unit of government subject to the provisions of subsection (a) of this section to accept additional wastes to its waste -disposal system upon a finding by the Commission (i) that the unit of government has secured a. grant or has otherwise secured financing for planning, design, or construction of a new or improved waste disposal system which will adequately treat the additional waste, and (ii) the additional waste will not result in any significant degradation in the quality of the waters ultimately receiving the discharge. The Commission may Impose such conditions on permits issued under G.S. 143-215.1 as it deems necessary to implement the provisions of this subsection, including conditions on the size, character, and number of additional dischargers: Nothing in this subsection shall be deemed to authorize a unit of government to violate water quality standards, effluent limitations or the terms of any order or permit issued under Part 1 of this Article nor does anything herein preclude the Commission from enforcing by appropriate means the provisions of Part 1 of this Article. (c) The Commission may impose a moratorium on the addition of waste to a treatment works if the Commission determines that the treatment works is not. capable of adequately treating additional waste. The Commission shall give notice of its intention to, impose a moratorium at least 45 days prior to the effective date of the moratorium to any person who holds a permit ZO'd 99:6 V00Z 81. qaA 8£09-L9Z-8Z8 e9 301990 A N19 IiV Get a Docent - by Citation -.N:C: Gen. Star. § 14315 =2:67 Page 2 of 2 for a treatment: works subject to the moratorium. Except to the extent that the provisions of subsection (b) of this section apply, the Commission shall not issue a permit for a sewer fine that will connect to a treatment works that the commission has determined to be incapable of treating additional waste from the date on which the Commission determines that the treatment works Is incapable of adequately treating additional waste until the moratorium on the addition of waste to the treatment works is lifted. (d) A public utility or unit of local government that operates a treatment works shall give notice of a moratorium on the discharge of additional waste to the treatment works Within 15 days of the date on which the public utility or unit of local government receives notice of the moratorium from the commission. The public utility or unit of local government shall give public notice of a moratorium by publication of the notice one time In a newspaper having general circulation in the county in which the treatment works is located, The Commission shall prescribe the form and content of the notice. HISTORY: 1971, c. 1167, s. 9; 1979, c. 566; 1987, c. 827, s. 154; 1989, c. 135, S. 6; 1995, c. 202, s. i. service: Get by LF-XSTAT® TOC: general stetutas of North Caroline > L.,,J > PA T 7 WATER AND ,AIR QUAH R .POf�TIN� > § 143- 216.67, Acceptance of Wastes to disposal systems and air -cleaning devices Ciliation: no code 143 215.61 View, Full DateMrme: Wednesday, February 18, 2004 - 9:37 AM EST bout LoxitiNaulgi I Terms and Condltio� Gn right. 0 2004 LexisNexls, a division of Reed Elsevler Inc, All rights reserved. 00'd 29:6 b00Z 81- qa3 9H9-15Z-9z9:Xe3 331330 M N33 11V Map Output Page 1 of 2 http://www.buncombegis.org/servleticom.esri.esrimap.Esriinap?ServiceName=sid3&Form=True&Encode=True 5/17/2004 State of North Carolina Department of Environment IVA and Natural Resources Asheville Regional Office Michael F. Easley, Governor William G. Ross, Jr., Secretary NCDENF1 Alan W. Klimek, P.E., Director NORTH CAROLINA DEPARTMENT OF ' Coleen H. Sullins, Deputy Director ENVIRONMENT AND NATURAL RESOURCES Division of Water Quality WATER QUALITY SECTION March 1, 2004 Mr. Evan Brice Mr. Carl Winkler 329 Emma Road 113 Bent Creek Ranch Road Asheville, North Carolina 28806 Asheville, North Carolina 28806 Ms. Evelyn F. Lunsford Mr. Alan Moss 459 Emma Road Moss Enterprises, Inc. Asheville, North Carolina 28806 599. North Louisiana Avenue Lot # 67 Asheville, North Carolina 28806 D. J. Trustee, Inc. Post Office Box 980 Weaverville, North Carolina 28787 Mr. & Mrs. Henry C. Fisher 120 Adams Hill Road Asheville, North Carolina 28806 Dear Property Owners: Mr. Parks Banks Post Office.Box 901206 Homestead, Florida 33090 Subject: North Louisiana Avenue Sewer Buncombe County This letter is to notify you that you :are one of several owners of a privately owned North Louisiana Avenue/Emma area sewer line, which is not being properly maintained. We arrived at this conclusion after reviewing Buncombe County property maps. A privately owned sewer serves a large part of the area from Adams Road down to Emma. Road. This sewer begins in the area of the Altamont Mobile Home Park and runs parallel to a small stream for approximately 4,200 feet down to a point near the intersection of Shadowbrook Road and Emma Road. To help you better locate the sewer in your mind, the sewer crosses under North Louisiana Avenue just above the Moss Wood. Mobile Home Park. This is a significant sewer, which was built over time by individual property owners to satisfy their own special needs and was never turned over to the Metropolitan Sewerage District of Buncombe County (MSD). 59 Woodfin Place, Asheville North Carolina 28801 Telephone 828-251-6208 FAX 828-251-6452 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper North Louisiana Avenue March 1, 2004 Page 2 I_ Today, unless someone has a recorded easement to cross your property with a section of the sewer, the sewer line on your property belongs you. Additionally, you are responsible for the maintenance and repair of that portion of line on your property. The Water Quality Section most recently became involved with the North Louisiana sewer line when it became blocked causing sewage to overflow a manhole to the small stream, nearby. We quickly discovered that the sewer was privately owned. An investigation followed to determine location of property lines and ownership. This is a difficult task since some property owners live out- of-state and many property owners are not aware that they own the sewer line. In summary, a.major sewer line in Buncombe County! is'owned by approximately seven (7) individual property owners and serves many additional customers. There is no organized means of maintaining this sewer line, as required by North Carolina General Statutes, when the need arises. The lack of a system to maintain the line makes the line inadequate. A satisfactory resolution of this matter would be for the owners of the sewer to jointly petition the MSD concerning transfer of sewer line ownership to that agency. To simplify the process, I suggest that the owners choose a single person to represent them in their contact with the MSD. The MSD's contact would be Mr. Stan Boyd who can be reached at (828) 225-8286. As time passes and we get better information, some people who we currently think are owners of the sewer will drop off the list and others I am sure will be added to the list. Let me urge you to attend to this matter in a timely manner. The lack of proper maintenance of the North Louisiana sewer is an important issue, which needs to be resolved. I hope that you will organize yourselves and choose a person to approach the MSD concerning this issue. I am sure you will have many questions regarding this. matter. I encourage you to call either Mr. Larry Frost or Mr. Roy Davis with the Water Quality Section's Asheville Regional Office at (828) 251-6208 for further discussion. Sincerely, orrest R. �Westall Regional Supervisor Water Quality Section xc: Larry Frost 6apDavis Stan Boyd 59 Woodfin Place, Asheville North Carolina 28801 Telephone 828-251-6208 FAX 828-251-6452 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper [Fwd: RE: Sewers that are not public in Emma area] Subject: [Fwd: RE: Sewers that are not public in Emma area] Date: Wed, 31 Mar 2004 07:43:17 -0500 From: Larry Frost <Larry.Frost@ncmail.net> Organization: NC DENR - Asheville Regional Office To: Roy Davis <Roy.Davis@ncmail.net> FYI -------- Original Message -------- Subject: RE: Sewers that are not public in Emma area Date: Wed, 31 Mar 2004 06:54:11 -0500 From: "Mike Butler" <mbutler@msd.buncombe.nc.us> Reply -To: <mbutler@msd.buncombe.nc.us> Organization: MSD of Buncombe County, NC To: <sboyd@msdbc.org>, "'BUTLER, MIKE \(SMTP\)'" <mbutler@msdbc.org> CC: "'Larry Frost'" <larry.frost@ncmail.net> Stan, I will forward the application to them. Do we have a mailing address? -----Original message ----- From: Stan Boyd [mailto:sboyd@msdbc.org] Sent: Tuesday, March 30, 2004 3:43 PM To: BUTLER, MIKE (SMTP) Cc: Larry Frost Subject: Sewers that are not public in Emma area Henry "Nick" Fisher has called me a couple of times. He says both he and Alan Moss are interested in getting out of the sewer business. I think the next step is to schedule an inspection of the existing system. SB 1 of 1 3/31/2004 8:02 AM Metropolitan Sewerage District of Buncombe County, North Carolina Information Packet for Private Sewer Rehabilitation Program -_- _ FEB we �^� PRIVATE SEWER SYSTEMS A private sewer collection system is a system which is NOT owned or maintained by the Metropolitan Sewerage District. Private collection systems are usually owned and maintained by individuals, firms, homeowner's associations, or other such private entities. Systems that were private at the time that the District took over ownership of the local sewers are still considered private, as they were never taken over by the local township or city prior to this time. A sewer collection system is any sewer line which has more than one connection to a common line. An unclaimed private system is a system which has no structure in place to maintain the system - such as a homeowner's association. If an overflow or break occurs in this system, all structures connected to the system upstream of the overflow or break are responsible for the repair of the line. The North Carolina Department of Environmental Natural Resources (NCDENR) is the authority governing these systems. The Metropolitan Sewerage District took over ownership of the public sewer systems within Buncombe County in 1990. The systems taken over include the ones previously owned and operated by Asheville, Buncombe County, Biltmore Forest, Black Mountain, Montreat, Weaverville, and the Woodfin Sanitary Water and Sewer District. The District only maintains the lines which were previously owned and maintained by these municipalities. The lines previously determined private and unclaimed prior to 1990 are currently private sewer collection systems. The District's boundary does not include all of Buncombe County. Some areas have sewer and are located outside of the District's boundary. The District maintains those areas which were previously maintained by Buncombe County prior to consolidation in 1990. The District does not maintain the areas considered private by Buncombe County prior to 1990. Areas outside the District's boundary are not eligible for the Private Sewer Rehabilitation Program. Customers connected to sewers which are located outside the District's boundary and whose wastewater flows into lines within the District's boundary pay sewer charges to maintain the lines within the District and for treatment of the wastewater. The District is aware of many private and unclaimed systems. To address the situations that pose a direct threat to the public's health and welfare, the District has a Private Sewer Rehabilitation Program in place. The District budgets $200,000 per year to rehabilitate private, unclaimed systems. When requested by the municipality in which the private system is located, the project is placed on a waiting list and is prioritized according to the health hazard potential, money available, and other criteria. Information concerning the details of this program can be obtained by contacting Stan Boyd, MSD Engineering Department, at 251-4781. February 2000 STEPS TO FOLLOW FOR THE TAKEOVER AND REHABILITATION OF PRIVATE UNCLAIMED SEWER COLLECTION SYSTEMS Upon receipt of a written request from the Political Subdivision in which a private sewer collection system is located, the Metropolitan Sewerage District (hereinafter "MSD" or "District") will consider the takeover and rehabilitation of said system if the MSD Board determines that the system represents a threat to the public health and welfare. Before MSD takes over and rehabilitates such a system, the following steps must be followed: The people served by the private system shall organize themselves into an informal homeowners' association and designate a spokesperson to work with MSD to: 1) Identify sewer mains making up the private collection system. 2) Identify all property owners served by the private collection system. 3) Have all property owners sign a commitment form to convey at no cost to MSD the rights -of -way and easements necessary to rehabilitate and maintain the collection system. The location of the proposed sewer line(s) and easements will be at the discretion of MSD. Also inclusive in the form is the commitment to pay the $350.00 fee to MSD, said fee being to help defray the cost of the rehabilitation. Upon receipt of the commitment forms specified in Item 1-(3) above, and the $350 fee, MSD will begin the preliminary phase of the rehabilitation process. This will include placing the project on the waiting list, the performing of preliminary work and possible maintenance. This will include surveys, design, plan preparation, and easement acquisition. The project will then be advertised and bid for construction. Please note that the time from paying the fee to actual construction may be one to three years, depending on the complexity of the project as well as the other rehabilitation projects that are active. Upon completion of the rehabilitation, MSD will own the system. MSD budgets $200,000.00 per fiscal year for the takeover and rehabilitation of private sewer collection systems. Takeover and rehabilitation will be limited to systems located within the boundary of MSD. Projects will be prioritized to a basically "first come - first served" waiting list, with regard for those systems which pose the greatest public health risk. MSD, in its discretion, shall determine which private sewer collection systems pose the greatest threat to public health and welfare. In making such a determination, MSD shall consider the number of houses or apartments affected, the time elapsed since the request was submitted to MSD, the estimated cost of rehabilitation, whether or not the system has been cited by the N.C. Departmentof Environment and Natural Resources for statutory violation(s), and MSD staff's field evaluation of the system. Projects not completed in a given fiscal year will be addressed as soon as possible depending on availability of funds. Projects will not be removed from MSD's list until rehabilitation is complete. February 2000 Information Regarding District Takeover & Rehabilitation of Private Sewer Systems Dear Property / Home Owner: The Metropolitan Sewerage District has established policies on the takeover and rehabilitation of Private Sewer Collection Systems. For definitions concerning Private Sewer Collection Systems, please see the sheet labeled "Private Sewer Systems". The owners of such private systems must meet several requirements before the District will take over and rehabilitate the systems. To be eligible for the Private Sewer Rehabilitation (PSR) Program the system must represent a demonstrated, repeated threat to the public's health and welfare. Typically, these systems have been cited by the N.C. Department of Environment and Natural Resources (NCDENR) for discharge of wastewater into the "Surface Waters of the State". Additionally, the system must also be "unclaimed", meaning that there is no formal ownership structure in place, such as a homeowner's association, for maintenance of the system. For takeover to occur, the District must receive a written request for the takeover directly from the appropriate governing official. For private sewer systems within corporate limits, this letter usually will come from the mayor, city manager, or appointee. For private systems within unincorporated areas inside District boundaries the letter comes from the Director of Buncombe County Planning and Development. The request for rehabilitation must be received before any significant work or planning is initiated. Additionally, all of the requirements listed on the attached sheet labeled "Steps to follow for the Takeover and Rehabilitation of Private Unclaimed Sewer Collection Systems" must be met. Once these requirements are met, the District will begin work to design and reconstruct the system to meet current District Standards. If the District rehabilitates a private collector sewer, the District will supply a new tap and sanitary cleanout for each home/structure included in the rehabilitation project. New cleanouts will be installed on the homeowner's property - at the edge of the District's Easement or at the edge of the public Right-of-way, whichever applies. If a tap & cleanout are not installed at a particular property, then no fee will be required from that homeowner. All services disconnected as a result of the sewer rehabilitation will be reconnected to the newly constructed sewer system. Any existing common service lines, if disconnected, will be reconnected to one of the cleanouts supplied by the District. The District will determine when common service lines should be replaced by a new District sewer collection system. Construction of sewer service lines located outside of public easements or Rights -of - Way is outside the scope of the District's policy on Takeover and Rehabilitation of Private Sewer Collection Systems. Each homeowner is responsible for connecting his/her building plumbing to the provided sewer service cleanout. Please note that District policies are subject to change. Contact the Metropolitan Sewerage District Engineering Division at 251-4781 for a copy of the current policies and practices for takeover and rehabilitation of private sewer collection systems. Agreement to Convey Right -of -Way and Pay Fee PAGE 1 of 2 General Manager Metropolitan Sewerage District of Buncombe County P.O. Box 8969 Asheville, N.C. 28814 Dear Sir: In consideration of the Metropolitan Sewerage District's (hereinafter "District") agreeing to take over and rehabilitate the collector sewer system serving my property located at , the undersigned hereby agrees to grant to the District, at no cost, an easement of sufficient width and appropriate location to rehabilitate the collector sewer system serving my property, to permanently locate a portion of the collector sewer on my property and to operate and maintain the rehabilitated collector sewer system. I understand that the width and location of the easement shall be determined in the sole discretion of the District, but that my input, as well as the input of other property owners who are a part of this project, will be considered in determining the location of the easement. I understand that the District, or its agent, shall have the right to enter upon my property for the purpose of selecting and surveying a route for the proposed easement and for surveying any monuments required to establish property lines accurately for easement acquisition. I understand that any District employee, or its agent, and equipment shall have the right to enter upon my property for the purpose of performing limited emergency repair or maintenance activities on the common portion of the existing system. I understand that the sewer system serving my property is private and will remain private until the District takes over the system following rehabilitation. Any malfunction of this private sewer system that results in any damage to my property is not the responsibility of the District. By my signature and the signature of others holding an interest in this property named above, I (We) hereby warrant and represent that we own this property in fee simple and hereby agree to execute any and all documents necessary to transfer the appropriate easements, as determined by the District, to the District for the rehabilitation of the collector sewer system and the location of a portion of the collector sewer system permanently on my property. FEBRUARY 2000 Agreement to Convey Right -of -Way and Pay Fee PAGE 2 of 2 The undersigned hereby understand and acknowledge that the District's obligation to rehabilitate the collector sewer system servicing this property is contingent upon the District obtaining satisfactory easements from other property owners whose property the proposed collector sewer crosses. In the event the District is unable to obtain satisfactory easements from other property owners, the District shall have no obligation to rehabilitate the collector sewer system and the property owners shall have no obligation to convey an easement to the District. In further consideration for the District taking over and rehabilitating this collector sewer system, the undersigned hereby agree to pay a fee of $350.00 for each residence on the aforementioned property that is to be re -connected to the collector sewer system. This fee is to help partially defray the cost � of rehabilitating the collector sewer system, and will be collected at the time this document is executed for the project. If I refuse to pay the $350.00 fee the District will not proceed further with the project. I understand that if the project is cancelled for any reason, then the $350.00 fee(s) paid will be refunded to each property owner having paid the fee(s) and all maintenance activities (if any) will cease. DATE PROPERTY OWNER (SEAL) PROPERTY OWNER (SEAL) FFBRUARY 2000 Metropolitan Sewerage District of Buncombe County, North Carolina Information Packet for Private Seger rehabilitation Program PRIVATE SEWER SYSTEMS A private sewer collection system is a system which is NOT owned or maintained by the Metropolitan Sewerage District. Private collection systems are usually owned and maintained by individuals, firms, homeowner's associations, or other such private entities. Systems that were private at the time that the District took over ownership of the local sewers are still considered private, as they were never taken over by the local township or city prior to this time. A sewer collection system is any sewer line which has more than one connection to a common line. An unclaimed private system is a system which has no structure in place to maintain the system - such as a homeowner's association. If an overflow or break occurs in this system, all structures connected to the system upstream of the overflow or break are responsible for the repair of the line. The North Carolina Department of Environmental Natural Resources (NCDENR) is the authority governing these systems. The Metropolitan Sewerage District took over ownership of the public sewer systems within Buncombe County in 1990. The systems taken over include the ones previously owned and operated by Asheville, Buncombe County, Biltmore Forest, Black Mountain, Montreat, Weaverville, and the Woodfin Sanitary Water and Sewer District. The District only maintains the lines which were previously owned and maintained by these municipalities. The lines previously determined private and unclaimed prior to 1990 are currently private sewer collection systems. The District's boundary does not include all of Buncombe County. Some areas have sewer and are located outside of the District's boundary. The District maintains those areas which were previously maintained by Buncombe County prior to consolidation in 1990. The District does not maintain the areas considered private by Buncombe County prior to 1990. Areas outside the District's boundary are not eligible for the Private Sewer Rehabilitation Program. Customers connected to sewers which are located outside the District's boundary and whose wastewater flows into lines within the District's boundary pay sewer charges to maintain the lines within the District and for treatment of the wastewater. The District is aware of many private and unclaimed systems. To address the situations that pose a direct threat to the public's health and welfare, the District has a Private Sewer Rehabilitation Program in place. The District budgets $200,000 per year to rehabilitate private, unclaimed systems. When requested by the municipality in which the private system is located, the project is placed on a waiting list and is prioritized according to the health hazard potential, money available, and other criteria. Information concerning the details of this program can be obtained by contacting Stan Boyd, MSD Engineering Department, at 251-4781. February 2000 STEPS TO FOLLOW FOR THE TAKEOVER AND REHABILITATION OF PRIVATE UNCLAIMED SEWER COLLECTION SYSTEMS Upon receipt of a written request from the Political Subdivision in which a private sewer collection system is located, the Metropolitan Sewerage District (hereinafter '"MSD" or "District") will consider the takeover and rehabilitation of said system if the MSD Board determines that the system represents a threat to the public health and welfare. Before MSD takes over and rehabilitates such a system, the following steps must be followed: The people served by the private system shall organize themselves into an informal homeowners' association and designate a spokesperson to work with MSD to: 1) Identify sewer mains making up the private collection system. 2) Identify all property owners served by the private collection system. 3) Have all property owners sign a commitment form to convey at no cost to MSD the rights -of -way and easements necessary to rehabilitate and maintain the collection system. The location of the proposed sewer line(s) and easements will be at the discretion of MSD. Also inclusive in the form is the commitment to pay the $350.00 fee to MSD, said fee being to help defray the cost of the rehabilitation. II. Upon receipt of the commitment forms specified in Item 1-(3) above, and the $350 fee, MSD will begin the preliminary phase of the rehabilitation process. This will include placing the project on the waiting list, the performing of preliminary work and possible maintenance. This will include surveys, design, plan preparation, and easement acquisition. The project will then be advertised and bid for construction. Please note that the time from paying the fee to actual construction may be one to three years, depending on the complexity of the project as well as the other rehabilitation projects that are active. Upon completion of the rehabilitation, MSD will own the system. MSD budgets $200,000.00 per fiscal year for the takeover and rehabilitation of private sewer collection systems. Takeover and rehabilitation will be limited to systems located within the boundary of MSD. Projects will be prioritized to a basically "first come - first served" waiting list, with regard for those systems which pose the greatest public health risk. MSD, in its discretion, shall determine which private sewer collection systems pose the greatest threat to public health and welfare. In making such a determination, MSD shall consider the number of houses or apartments affected, the time elapsed since the request was submitted to MSD, the estimated cost of rehabilitation, whether or not the system has been cited by the N.C. Department of Environment and Natural Resources for statutory violation(s), and MSD staff's field evaluation of the system. Projects not completed in a given fiscal year will be - addressed as soon as possible depending on availability of funds. Projects will not be removed from MSD's list until rehabilitation is complete. February 2000 Information Regarding District Takeover & Rehabilitation of Private Sewer Systems Dear Property / Home Owner: The Metropolitan Sewerage District has established policies on the takeover and rehabilitation of Private Sewer Collection Systems. For definitions concerning Private Sewer Collection Systems, please see the sheet labeled "Private Sewer Systems". The owners of such private systems must meet several requirements before the District will take over and rehabilitate the systems. To be eligible for the Private Sewer Rehabilitation (PSR) Program the system must represent a demonstrated, repeated threat to the public's health and welfare. Typically, these systems have been cited by the N.C. Department of Environment and Natural Resources (NCDENR) for discharge of wastewater into the "Surface Waters of the State". Additionally, the system must also be "unclaimed", meaning that there is no formal ownership structure in place, such as a homeowner's association, for maintenance of the system. For takeover to occur, the District must receive a written request for the takeover directly from the appropriate governing official. For private sewer systems within corporate limits, this letter usually will come from the mayor, city manager, or appointee. For private systems within unincorporated areas inside District boundaries the letter comes from the Director of Buncombe County Planning and Development. The request for rehabilitation must be received before any significant work or planning is initiated. Additionally, all of the requirements listed on the attached sheet labeled "Steps to follow for the Takeover and Rehabilitation of Private Unclaimed Sewer Collection Systems" must be met. Once these requirements are met, the District will begin work to design and reconstruct the system to meet current District Standards. If the District rehabilitates a private collector sewer, the District will supply a new tap and sanitary cleanout for each home/structure included in the rehabilitation project. New cleanouts will be installed on the homeowner's property - at the edge of the District's. Easement or at the edge of the public Right-of-way, whichever applies. If a tap & cleanout are not installed at a particular property, then no fee will be required from that homeowner. All services disconnected as a result of the sewer rehabilitation will be reconnected to the newly constructed sewer system. Any existing common service lines, if disconnected, will be reconnected to one of the cleanouts supplied by the District. The District will determine when common service lines should be replaced by a new District sewer collection system. Construction of sewer service lines located outside of public easements or Rights -of - Way is outside the scope of the District's policy on Takeover and Rehabilitation of Private Sewer Collection Systems. Each homeowner is responsible for connecting his/her building plumbing to the provided sewer service cleanout. Please note that District policies are subject to change. Contact the Metropolitan Sewerage District Engineering Division at 251-4781 fora copy of the current policies .and practices for takeover and rehabilitation of private sewer collection systems. Agreement to Convey Right -of -Way and Pay Fee PAGE 1 of 2 General Manager Metropolitan Sewerage District of Buncombe County P.O. Box 8969 Asheville, N.C. 28814 Dear Sir: In consideration of' the Metropolitan Sewerage District's (hereinafter "District") agreeing to take over and rehabilitate the collector sewer system serving my property located at , the undersigned hereby agrees to grant to the District, at no cost, an easement of sufficient width and appropriate location to rehabilitate the collector sewer system serving my property, to permanently locate a portion of the collector sewer on my property and to operate and maintain the rehabilitated collector sewer system. understand that the width and location of the easement shall be determined in the sole discretion of the District, but that my input, as well as the input of other property owners who are a part of this project, will be considered in determining the location of the easement. understand that the District, or its agent, shall have the right to enter upon my property for the purpose of selecting and surveying a route for the proposed easement and for surveying any monuments required to establish property lines accurately for easement acquisition. I understand that any District employee, or its agent, and equipment shall have the right to enter upon my property for the purpose of performing limited emergency repair or maintenance activities on the common portion of the existing system. I understand that the sewer system serving`my property is private and will remain private until the District takes over the system following rehabilitation. Any malfunction of this private sewer system that results in any damage to my property is not the responsibility of the District. By my signature and the signature of others holding an interest in this property named above, I (We) hereby warrant and represent that we own this property in fee simple and hereby agree to execute any and all documents necessary to transfer the appropriate easements, as determined by the District, to the District for the rehabilitation of the collector sewer system and the location of a portion of the collector sewer system permanently on my property. FEBRUARY 2000 r Agreement to Convey Right -of -Way and Pay Fee PAGE 2of2 The undersigned hereby understand and acknowledge that the District's obligation to rehabilitate the collector sewer system servicing this property is contingent upon the District obtaining satisfactory easements from other property owners whose property the proposed collector sewer crosses. In the event the District is unable to obtain satisfactory easements from other property owners, the District shall have no obligation to rehabilitate the collector sewer system and the property owners shall have no obligation to convey an easement to the District. In further consideration for the District taking over and rehabilitating this collector sewer system, the undersigned hereby agree to pay a fee of $350.00 for each residence on the aforementioned property that is to be re -connected to the collector sewer system. This fee is to help partially defray the cost of rehabilitating the collector sewer system, and will be collected at the time this document is executed for the project. If I refuse to pay the $350.00 fee the District will not proceed further with the project. I understand that if the project is cancelled for any reason, then the $350.00 fee(s) paid will be refunded to each property owner having paid the fee(s) and all maintenance activities (if any) will cease. DATE PROPERTY OWNER (SEAL) PROPERTY OWNER (SEAL) FEBRUARY 2000 Corporations System Search Results http://www.secretary.state.ne.us/corporations/soskb/SearchResults.asp NC North Carolina ED'aine F Marshall Ir-- "')E rr --) PTA , R T M EEN TOF TVIE C7 kbTATE Secretary z,-,ECRETA.RY0 F PO Box 29622 Raleigh. NC 27626-0622 (919)8-07-2000 Search Type: Starting With Search Date: 2/25/2004 Entity Name D. J. Trustee Corporation Records Returned 1 to 1 See See For questions or comments about the North Cat For questions or comments concerning the Cori Click ho 1 of 1 2/25/2004 3:48 PM PHONE: �N. C.-DEPARTMENT OF ENVIRONMENT AND :NATURAL RESOURCES DIVISION OF WATER QUALITY WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE 59 WOODFIN PLACE ASHEVILLE, NORTH CAROLINA 28801 828/251--6208 FAX: 828/251-6452 TO.- O FAX FROM: O /� !/ S DATE: � I r( 1 1 b -14 # OF PAGES INCLUDING THIS COVER: MESSAGE If questions, please Call 828/251-6208. State of North Carolina w' Department of Environment and Natural Resources Asheville Regional Office Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director Coleen H. Sullins, Deputy Director Division of Water Quality WATER QUALITY SECTION xxxx, 2003 s A 'Z16 NCDENR NORTH CAROL-INA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: North Louisiana Avenue Sewer Buncombe County Dear . This letter is to notify you that possibly you are one of several owners of an Emma area sewer line which is not being properly maintained. A large part of the area from Adams Road down to Emma Road is served by a privately owned sewer. This sewer begins in the area of the Altamont Mobile Home Park and runs parallel to a small stream for approximately 4,200 feet down to the intersection of Shadowbrook Road and Emma Road. To help you better locate the sewer in your mind the sewer crosses under North Louisiana Avenue just above Moss Wood Mobile Home Park. This is a significant sewer which was built over time by individual property owners to satisfy their own special needs. This sewer was never relinquished to the Metropolitan Sewerage District of Buncombe County (MSD). Today, unless someone else has a recorded easement to cross your property with a section of the sewer, the sewer line on your property belongs you. Additionally, you are responsible for the maintenance and repair of that portion of line on your property. The Water Quality Section most recently became involved with the North Louisiana sewer line when it became blocked causing sewage to overflow a manhole to the small stream. We quickly discovered that the sewer was privately owned. An investigation followed to determine location of nroberty lines and ownership. This is a difficult task since 59 Woodfin Place, Asheville North Carolina 28801 Telephone 828-251-6208 FAX 828-251-6452 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper dome property owners live out-of-state and many property owners are not aware that they own the sewer line. In summary, a major sewer line in Buncombe County is owned by approximately eighteen (18) individual property owners and :serves many additional customers. There is no organized means of maintaining this sewer line when the need arises. The lack of a system to maintain the line makes the line inadequate. A satisfactory resolution of this matter would be for the owners of the sewer to jointly petition the MSD concerning transfer of sewer line ownership to that agency. The contact person with the MSD would be Stan Boyd who can be reached at 828-225-8286. For your assistance, I have attached a list of property owners who will be receiving this letter. I am sure there will be some discrepancies in this list which will need to be corrected. . Let me urge you to attend to this matter in a timely manner. The lack of proper maintenance of the North Louisiana sewer is an important issue which needs to be resolved. I hope that you will organize yourselves and jointly approach the MSD concerning this issue. I am sure you will have many questions regarding this matter. I encourage you to call either Larry Frost or Roy Davis with the Water Quality Section at 828-251-6208. Sincerely, Forrest R. Westall Water Quality Regional Engineer Xc: Larry Frost Roy Davis Stan Boyd n louisiana avenue2 59 Woodfin Place, Asheville North Carolina 28801 Telephone 828-251-6208 FAX 828-251-6452 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Moss_MHP_area 11221200'4 PROPERTY IDENTIFICATION NUMBER (PIN HOUSE NUMBER SUFFIX DIRECTION S REET TYPE OWNER IN CARE OF ADDRESS CITYNAME STATE ZIP CODE PIN 9639.13-23-4946 660 ®LOUISIANA JAVE BANKS PARKS PO BOX 901206 HOMESTEAD FL 33090 PIN 9639 .13 -13 - 9847 99999 HAZELWOOD IST PARRIS SHIRLEY J & DOUGLAS B 23 MCDONALD RD ARDEN NC IF 28704 PIN 9639 .13 -13 - 7831 25 BRICKYARD IRD JAMES PENNY CAROL 25 BRICKYARD PL ASHEVILLE NC 28806 PIN 9639 .13 -13 - 8821 89 HAZELWOOD IRD MCMAHAN IDA MAE PO BOX 17662 ASHEVILLE NC 28816 PIN 9639 .13 -13 - 9778 99999 HAZELWOOD IST BIDDIX BONNIE J & LISA TSUCHIDA 660 N LOUISIANA AVE LOT 69 ASHEVILLE NC 28806 Page Moss_M H P_area 1 /22/20G4 PROPERTY IDENTIFICATION NUMBER (PIN HOUSE NUMBER SUFFIX DIRECTION S REET TYPE OWNER IN CARE OF ADDRESS CITYNAME STATE ZIP CODE PIN 9639 .13 -13 - 6862 19 BRICKYARD JPL CAUBLE ELIZABETH 19 BRICKYARD PL ASHEVILLE NC 28806 PIN 9639 .14 - 23 - 6888 648 K] LOUISIANA JAVE BANKS PARKS PO BOX 901206 HOMESTEAD FFL7F 33090 PIN 9639 .13 - 23 - 4664 99999 LOUISIANA JAVE SILVERS AGNES H & FRANK 646 N LOUISIANA AVE ASHEVILLE INC 11 28806 PIN 9639 .13 -13 - 8649 85 HAZELWOOD IRD MCMAHAN IDA M & FREDDIE E TALLANT 85 HAZELWOOD RD ASHEVILLE INC 11 28806 PIN 9639 .14 - 23 - 6652 640 ND LOUISIANA JAVE SILVERS FRANK & AGNES H 640 N LOUISIANA AVE ASHEVILLE NC 28806 Page Moss_MHP_area 1 /22/2004 PROPERTY IDENTIFICATION NUMBER (PIN HOUSE NUMBER SUFFIX DIRECTION S REET TYPE OWNER 11►[gJ3;Iu919 ADDRESS CITYNAME STATE ZIP CODE PIN 9639 .13 - 23 - 0628 99999 HAZELWOOD ST BIDDIX BONNIE J & LISA TSUCHIDA 660 N LOUISIANA AVE LOT 69 ASHEVILLE NC 28806 PIN 9639 .13 - 23 - 3629 99999 LOUISIANA JAVE WALL ROY L 646 N LOUISIANA AVE ASHEVILLE FN7CF 28806 PIN 9639 .13 - 23 -1677 99999 WEISS IRD D J TRUSTEE INC PO BOX 980 WEAVERVILLE NC 28787 PIN 9639 .14 - 23 - 8638 99999 K] ILOUISIANA JAVE SILVERS AGNES H & FRANK 646 N LOUISIANA AVE ASHEVILLE NC7F 28806 PIN 9639 .14 - 23 - 7690 99999 F] ILOUISIANA JAVE LOCKLEAR GERALD W 634 N LOUISIANA AVE ASHEVILLE FN7CF 28806 Page Moss_MHP_area 1 /22/200'4 PROPERTY IDENTIFICATION NUMBER (PIN HOUSE NUMBER SUFFIX DIRECTION S REET TYPE OWNER IN CARE OF ADDRESS CITYNAME STATE ZIP CODE PIN 9639 .13 - 23 - 0569 99999 HAZELWOOD IST BIDDIX BONNIE J & LISA TSUCHIDA 660 N LOUISIANA AVE LOT 69 ASHEVILLE FNCF 28806 .r PIN 9639 .13 - 23 - 2517 99999 WEISS IRD D J TRUSTEE INC PO BOX 980 WEAVERVILLE -]-INC 28787 PIN 9639 .13 -13 - 8588 81 HAZELWOOD JkD HUGHES JAMES H & KAREN A PO BOX 16253 ASHEVILLE NC7F 28816 PIN 9639 .14 - 23 - 7560 634 N� LOUISIANA AVE LOCKLEAR GERALD W 634 N LOUISIANA AVE ASHEVILLE NC 28806 PIN 9639 .13 -13 - 8498 73 HAZELWOOD IRD BURTON AUDREY F 73 HAZELWOOD RD ASHEVILLE NC 28806 Page Moss_MHP_area 1 /22/2004 PROPERTY IDENTIFICATION NUMBER (PIN HOUSE NUMBER SUFFIX DIRECTION S REET TYPE OWNER IN CARE OF ADDRESS CITYNAME STATE ZIP CODE PIN 9639 .13 - 23 - 0590 72 HAZELWOOD ST WEBSTER ALEX C 72 HAZELWOOD RD ASHEVILLE ;; NC 28806 PIN 9639 .13 - 23 - 2466 99999 WEISS RD D J TRUSTEE INC PO BOX 980 WEAVERVILLE NC7F7 28787 PIN 9639 .14 - 23 - 6314 99999 ND LOUISIANA IAVE PHILLIPS ETHEL HENSLEY 923 FARNHAM ST ELMIRA . NY 11 14901 PIN 9639.14-23-6348 99999 ND LOUISIANA JAVE SILVERS AGNES H & FRANK 646 N LOUISIANA AVE ASHEVILLE INC 11 28806 PIN 9639 .13 - 23 - 3326 99999 WEISS RD D J TRUSTEE INC PO BOX 980 WEAVERVILLE NC 28787 Page Moss_M H P_area 1 /22/2004 PROPERTY IDENTIFICATION NUMBER (PIN HOUSE NUMBER SUFFIX DIRECTION S REET TYPE OWNER IN CARE OF ADDRESS CITYNAME STATE ZIP CODE PIN 9639 .13 - 23 -1461 138 WEISS IRD SHAW THOMAS JOSEPH 343 EMMA RD LOT 9 ASHEVILLE NC 28806 PIN 9639 .13 - 23 - 0461 68 HAZELWOOD IRD ELLZEY FRANCINE MEECE PO BOX 6693 ASHEVILLE FNC7F 28816 PIN 9639 .13 -13 - 9307 69 HAZELWOOD ST CHANDLER JIMMIE S & KAREN A 69 HAZELWOOD RD ASHEVILLE 1 NC 28806 PIN 9639 .13 - 23 - 2312 138 WEISS IRD SHAW THOMAS JOSEPH 343 EMMA RD LOT 9 ASHEVILLE INC 11 28806 PIN 9639 .13 - 23 - 4324 99999 1 1LOUISIANA JAVE D J TRUSTEE INC PO BOX 980 WEAVERVILLE NC 28787 Page Moss MHP_area 1 /22/2004 PROPERTY IDENTIFICATION NUMBER (PIN HOUSE NUMBER SUFFIX DIRECTION S REET TYPE OWNER IN CARE OF ADDRESS CITYNAME STATE ZIP CODE PIN 9639 .14 - 23 - 5219 9999 E] ILOUISIANA JAVE D J TRUSTEE INC PO BOX 980 WEAVERVILLE NC 28787 PIN 9639 .13 - 23 - 0285 44 HAZELWOOD IRD TATE BARBARA A PO BOX 6954 ASHEVILLE NC 28816 PIN 9639 .13 -13 - 9218 65 HAZELWOOD IRD TENER RICHARD L 65 HAZELWOOD RD ASHEVILLE FN 7CF 28806 PIN 9639.14-23-6215 99999 K] LOUISIANA JAVE D J TRUSTEE INC PO BOX 980 WEAVERVILLE FNCF 28787 PIN 9639 .13 - 23 - 2263 136 WEISS IRD WAITES SAMUEL M PO BOX 17296 ASHEVILLE NC IF 28816 Page Floss MHP_area 1/22/2004 PROPERTY IDENTIFICATION NUMBER (PIN HOUSE NUMBER SUFFIX DIRECTION SgREET TYPE OWNER IN CARE OF ADDRESS CITYNAME STATE ZIP CODE PIN 9639 .14 - 23 - 7203 99999 ®LOUISIANA JAVE D J TRUSTEE INC PO BOX 980 WEAVERVILLE NC 28787 PIN 9639.13-23-3251 132 WEISS IRD NASH MICHAEL D & TONIA 132 WEISS RD ASHEVILLE ---]-FN7C7 28806 PIN 9639 .14 - 23 - 8200 99999 ND LOUISIANA AVE D J TRUSTEE INC PO BOX 980 WEAVERVILLE 77771 NC 28787 PIN 9639.13-23-4158 128 WEISS IRD HAYNIE HARRY A 128 WEISS RD ASHEVILLE NC 28806 PIN 9639.14-23-5165 124 WEISS IRD HENDERSON HARLAN J & PAULETTE J 29 MADELINE AVE ASHEVILLE NC 28806 Page Moss_MHP_area 1 /22/2004 PROPERTY IDENTIFICATION NUMBER (PIN HOUSE NUMBER SUFFIX DIRECTION S REET TYPE OWNER IN CARE OF ADDRESS CITYNAME STATE ZIP CODE PIN 9639 .13 -13 - 9128 61 HAZELWOOD IRD JONES PATRICIA HARMON PO BOX 16762 ASHEVILLE NC 28816 PIN 9639 .13 - 23 - 2056 119 WEISS IRD LUNSFORD JAMES A & DEBRA S 119 WEISS RD ASHEVILLE NC 28806 PIN 9639 .14 - 23 - 6152 120 WEISS IRD CAIN ALAN 52 TIMBERWOOD DR ASHEVILLE FNCF 28806 PIN 9639.13-23-1115 40 HAZELWOOD IRD HIPPS JOSEPH D & CATHY O 40 HAZELWOOD RD ASHEVILLE NC 28806 PIN 9639 .14 - 23 - 8015 112 WEISS IRD DUNN ROBIN D 116 WEISS CT ASHEVILLE [NCF 28806 Page Moss_MHP_area 1 /22/2004 PROPERTY IDENTIFICATION NUMBER (PIN HOUSE NUMBER SUFFIX DIRECTION S REET TYPE OWNER IN CARE OF ADDRESS CITYNAME STATE ZIP CODE PIN 9639 .13 -13 - 9038 57 HAZELWOOD IRD LEDBETTER DAVID C & MARY 57 HAZELWOOD RD ASHEVILLE NC 28806 PIN 9639 .13 - 23 - 4022 115 WEISS IRD SCOTT GARY 115 WEISS RD ASHEVILLE - N 7CIF 28806 PIN 9639 .13 - 23 -1025 36 HAZELWOOD IRD PRESLEY JAMES R & MYRTLE E 36 HAZELWOOD RD ASHEVILLE NC 28806 PIN 9639 .14 - 22 - 5925 113 WEISS IRD MOORE ROGER 69 SHADOWLAWN DR ASHEVILLE NC 28806 PIN 9639 .14 - 22 - 6947 111 WEISS IRD HYATT JOHN R & NANCIE 61 DALE ST ASHEVILLE NC 28806 Page 10 Moss_MHP_area 1 /22/2004 PROPERTY IDENTIFICATION NUMBER (PIN HOUSE NUMBER SUFFIX DIRECTION S REET TYPE OWNER IN CARE OF ADDRESS CITYNAME STATE ZIP CODE PIN 9639 .13 -12 - 9958 53 HAZELWOOD RD LEDBETTER LONIE 53 HAZELWOOD RD ASHEVILLE NC 28806 PIN 9639 .13 - 22 - 2975 14 WEISS CT WILLIAMS THOMAS E 14 WEISS CT ASHEVILLE FN7CF 28806 PIN 9639 .13 - 22 -1945 32 HAZELWOOD RD HAMLIN BETTY JEAN 32 HAZELWOOD RD ASHEVILLE NC 28806 PIN 9639.13-22-4923 15 WEISS ICT MYERS SR THOMAS EDWARD 15 WEISS CT ASHEVILLE NC 28806 PIN 9639 .14 - 22 - 8910 108 WEISS IRD WARDLAW IRIS A & BONNY L 71 BALM GROVE AVE ASHEVILLE NC 28806 Page 11 Moss_MHP_area 1 /22/2004 PROPERTY IDENTIFICATION NUMBER (PIN) HOUSE NUMBER SUFFIX DIRECTION STREET TYPE OWNER IN CARE OF ADDRESS CITYNAME STATE ZIP CODE PIN 9639 .13 -12 - 9868 51 HAZELWOOD RD WILLIS THEODIS M & ADRIENNE T 2048 MISTLETOE CT TALLAHASSEE FL IF7323171 PIN 9639 ,14 - 22 - 6839 107 WEISS RD PEREZ JOSE L & AMELIA A LOZANO TE 107 WEISS RD ASHEVILLE NC 28806 PIN 9639.13-22-1845 28 HAZELWOOD RD BULLMAN ZULA T 28 HAZELWOOD RD ASHEVILLE NC 28806 PIN 9639 .13 - 22 - 2853 24 HAZELWOOD IRD WYATT JOHN R & PATRICIA A 24 HAZELWOOD RD ASHEVILLE I NC 288076 PIN 9639 .13 - 22 - 3851 70 HAZELWOOD IRD WEISS C WALTER ADDRESS UNKNOWN UNKNOWN UN 99999 Page 12 Moss_MHP_area 1/22/2004 PROPERTY IDENTIFICATION NUMBER (PIN HOUSE NUMBER SUFFIX DIRECTION S REET TYPE OWNER IN CARE OF ADDRESS CITYNAME STATE ZIP CODE PIN 9639 .13 - 22 - 4840 16 HAZELWOOD IRD RULE KAREN 16 HAZELWOOD RD ASHEVILLE ' FN7CF 28806 PIN 9639 .14 - 22 - 8802 ® HAZELWOOD IRD ALLISON KELLY C & MARGARET J 4 ROSEMARY RD ASHEVILLE FN 7CF 28806 PIN 9639 .14 - 22 - 5758 12 HAZELWOOD ST LOFTIN WILLIE & NANCY J 12 HAZELWOOD RD ASHEVILLE NC 28806 PIN 9639 .13 -12 - 9778 49 HAZELWOOD IRD WITT BAILEY Z PO BOX 279 CANDLER I NC 28715 PIN 9639 .14 - 22 - 6737 ® HAZELWOOD ST BARGER GARY L & MILDRED C 8 HAZELWOOD RD ASHEVILLE NC 28806 Page 13 M®ss_MHP_area 1 /22/2004 PROPERTY IDENTIFICATION NUMBER (PIN HOUSE NUMBER SUFFIX DIRECTION S REET TYPE OWNER IN CARE OF ADDRESS CITYNAME STATE ZIP CODE PIN 9639 .13 - 22 - 0609 41 HAZELWOOD RD HAMLIN JUDY 41 HAZELWOOD RD ASHEVILLE NC 28806 PIN 9639 .14 - 22 - 8609 0 HAZELWOOD ST BARNETT GEORGE A & WANDA K PO BOX1744 ENKA NC IF 28728 PIN 9639 .13 - 22 -1607 37 HAZELWOOD IRD STOCKDALE DONNA JEAN 37 HAZELWOOD RD ASHEVILLE NC 28806 PIN 9639 .13 - 22 - 2605 33 HAZELWOOD RD THORPE EARL & BEATRICE 33 HAZELWOOD RD ASHEVILLE NC 28806 PIN 9639 .13 - 22 - 3603 29 HAZELWOOD RD PRICE ISAAC L & VIOLET J 29 HAZELWOOD RD ASHEVILLE NC 28806 Page 14 Moss _M H P_area 1/22/2004 PROPERTY IDENTIFICATION NUMBER (PIN HOUSE NUMBER SUFFIX DIRECTION S REET TYPE OWNER IN CARE OF ADDRESS CITYNAME STATE ZIP CODE PIN 9639 .13 - 22 - 4602 25 HAZELWOOD JRD KING EFFIE CHRISTINE 25 HAZELWOOD RD ASHEVILLE NC 28806 PIN 9639 .13 - 22 - 4691 21 HAZELWOOD RD GRANDY MELODY A 21 HAZELWOOD RD ASHEVILLE NC7F 28806 PIN 9639 .14 - 22 - 7643 0 HAZELWOOD IST BARNETT GEORGE A & WANDA K PO BOX1744 ENKA FN CF 28728 PIN 9639 .14 - 22 - 6509 17 HAZELWOOD ST JONES DONALD W & JO ANN W 17 HAZELWOOD RD ASHEVILLE FNC7F 28806 PIN 9639 .14 - 22 - 6595 13 HAZELWOOD IRD SOUTHERN BELL TEL & TEL PO BOX 2211 ATLANTA GA 30301 Page 15 Moss_MHP_area 1 /22/2004 PROPERTY IDENTIFICATION NUMBER (PIN HOUSE NUMBER SUFFIX DIRECTION S REET TYPE OWNER IN CARE OF ADDRESS CITYNAME STATE ZIP CODE NUMBER OF PROPERTIES IN THIS REPORT 75 Report Prepared by Steven Briggs, GIS Technician II GIS Section MSD of Buncombe County, NC End of Report Page 16 ■ Complete items 1, 2, and 3. Also complete A. Signature s Agent item 4.•if Restricted Delivery is desired. XM WO❑ ■ Print your name and address on the reverse Q ❑Addressee Recei ed 6jrP nl ife-M- n;e) i _ C. Clate w of Delivery j so that we can return the card to you. ■ Attach this card to the back of the mailp �e9r871 or on the front if space permits. . . Is eliveryjad restis different from Rerai)l?F ❑Yes 1. Article Addressed to: ( G7 IfY S, enter -delivery add�ss bel O [. No c� .�.r z n (ZZ LU . boilI (�e;�Sewe�� `� ! z 0 j -1I,g CAI I' J U J D �� NiILISSARWRIGH'T 3. ice P� - , POST OFFICE BOX 271 28711 li BLACK MOUNTAIN NC - - — - — — - -- Certifi, ❑Express 8I� Retum ❑ egisred R �Ipt or Merohandfse ❑ Insured,M�it�v C O.D. Q 4. Restrictetl' eliVe'gfiE tm Fee) ❑ Yes 71105 1�80 0 0, 2!1 9`207 14120' r _..._ n n -4 - . —'^ A n__....:,_ —...., 0--- ...+ 1 n2695-02-M-i s4 UNITED STATES POSTAL SERVICE • Sender: Please print your name, address LL �L QD k_-0 CD "I -j MR. RO-VDAVIS c"I 17 NCDFNR-DX%1Q-SNP 2090 U.S. I UGHWAY 70 SWANNANO A WC 28778 RJLJI C—) (D lij LIJ >1 [Mil < L1.1 cr- I ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ® Print your name and address on the rev er so that we can return the card to yo d ■ Attach this card to the back of the �tcl ce, or on the front if space permits. A. Signature X L� Agent ❑ Addressee Rec ivedrprimed AlameMMate _ of Deliver s delivery YES, enter =c 8dct del �z }mom s-different-fro very address bel C7 m 17 vi Lj ❑ Yes ❑ No . 1. Article Addressed to: r�1a �a�o, na Av �� N. MELISSA R WRIGHT POST OFFICE BOX 271 B' ACK MOUNTAIN NC 28711 P�",d a S B�J��- 3. S ce Type w Zt3ifl�lDail ❑ Re en)� ❑ Insure0ail ry Tess Maii rttum Receipt for C.O.D... jrlUl� Merchandis( 4. Restrict4belivery? (EXtra Fee) ❑Yes 7005 1820 0002- 9'207 142-12 NO UNITED STATES POSTAL SERVICE • Sender: Please print your name, address, end nP > L P --q+ �Fm M.0 -D (-- Fri > MR. ROY DAVIS FD < IV NCT1ENR-DWQ-,',NNT i. > c/) sv 2090 U.S. IFIGfINVAY 70 SWANNANOA N('28778 M (ZD q F! - CT) -TI 0 F- IIA! 11 ! All IH Ill.'s Ili. liMi! Mi M All ■ Complete items 1, 2, and 3. Also complete - s t1 A. Signature item 4 if Restricted Delivery is desired: ' "" X - iU ■ Print your name and address on the �r rse d so that we can return the card to o D[efl e ' ■ Attach this card to the back offf�y Rec ived by or on the front if space permits.J 'A. __ delivery add d Brent from 1. Article Addressed to: a �'� f YES, enter de iver addro be ` WRIGHT ACTION REAL ESTATE BUYERS1 LL cv POST OFFICE BOX 271 BLACK DNtOUNTAIN NC 28711 3. Service T p l !J rtifl � �{I�'I �ress P A oS (� DD� ` 2 i SS SL W e— ❑ Regis ere —I Retum Ri �wj LI Agent ❑ Addressee f Deliven 0 Insu d- 4., Restrict L4�Ily&)?- Fee) Q 0 Yes - 700i5 '1,842O f'0'0'0211920 41511' .. 1 0o r,.. QQ-f -1 C.,ti....,.,, onnn D—.;.,r 1n9FOF119_M_1 Fd UNITED STATES POSTAL SERVICE j 4 rv, 0 Sender: Please print your name, add ALIZ: ROY,I)AViS NCt)ENRJ)WQ-%Wl- 2099 U.S. 111GRAVAY 70 SWANNANOA N('28778 iL Irl Ira 1:1. sill -First_Class Mail -PostQb-&-F669'P-ald- usps— ,Permit No: GA 0—__1- and ZIP+4 in-this�box.._O:- �-_, I- -- ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. . Article Addressed to: N\0�5 UJ �oq - � e •rs5 S��,e Z— . T.J: INVESTMENT GROUP LLC POST OFFICE BOX 15031 \ ASHEVILLE NC 28813 A. X \�/--i' Agent B. Re6eivec3�y (P n H ed Name) I C. Date of Deliver) IF,1f. D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. S ce Type Certified Mail ❑ rasa all ❑ istered etum Receipt for Merchandisf ❑ Insured Mail ❑ O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes � � �_ - � - i _• ! �i�: j f ]� �-� I : ?_i � �i�_•���. � 1 ! 3 � I j � i i F j 7005 11820 00-02 '920'7 4J44' 1MJFOS119AAAAA UNITED STATES POSTAL SERVICE • Sender: Please print your name, address, ik MR. RON DAVIS NC'U1;NT.-1)WQ-SWP 21190 l i.S. I I I O1MAY 70 S%Vt'LNN:WOA NC 27tT,3 I F:, a �ZM��tf is box w � U o U Ui p cV al -j Lh `t co F- �-- ¢ w (L U Gw QD W d O W LIJ n� t L— 3: = co =M ■ Complete items 1, 2, and 3. Also complete_ . item 4 if Restricted.Delive esired. ■ Print your name arid.iadd ss on t e verses so that we can return the mrd to you. ■ Attach this card to{fhe'baelrof4hQ Mailpsiec(� or on the front if s0ace - e7 m't . P` J, ~i 1. Article Addre sed tog O 1 m n � i PARKS B. o 0i POST OI 1, I. B0,',, 3—:AF ( J BARINAIV1L7[( 1(] 28709� f t LL' A. Signature h X ❑ Agent Addressei B. Received by (Printed Name C. Data • eliver ✓��� B Ai-)%G 4tJ `� D. Is delivery address differ fromite - [I Yes If YES, enter delivery a ess below: ❑ No fn F- j G .J ` OLQ �.; ra-; C= 7� x. j'rtetrv.,,epeMTyified ail al� gistered Retu e 4 fo rc disc ❑ Insured Mail O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7❑05 1;82L'0002 9.207 4076_ UNITED STATES POSTAL SERVICE • Sender: Please print your name, address, ROY DAVIS NCDENR-JJ%VQ-SWJ) 2090 U.S. 1! [(;I INIVAY 70 SIVANNNNOA NC 28778 Atge IF-e s-Paid ZIP+4 in this box 0 ■ Complete iteM'tr,g, and 3. Also complete3 item 4 if RestFl`cted Delivery is desired ■ Print your name anJ ddress on the reverse, so that we ca'hi e the card to you. ■ Attach this card`iohe baci< of the mailpiece, or on the front--i space permits. 1. nArtiiccle Addressed to" IU I �65 LZ00�` �LiSs SG UiC-z -A. Signature � ❑Agent X �'fjq, u L� ❑ Addressee B. Received by (Prfn a ,,Name) 1911 Date of Deliver) n 6l^/ Y MOViAl/ 017 D. Is delivery address different from Am 1? ❑ Yes If YES, enter delivery address below: ❑ No &IR& MRS BOBBY HUNNICUTT l I 459 EMMA ROAD "` L ASHLVILLE NC 28806 3. ice Type Certified Mail E>press Mall ❑ I we:d Retum Receipt for Merchandise ❑ Insured Mall C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes _700_5 1820 0002 9207 4083 4t2'i i tCc.Lir Ol1r1A I I n:' — ctln P.fn 11 c 1l t 102595-02-M-154 UNITED STATES POSTAL SERVICE (iI�I�I,I o`II+ I \ D —n /' LISPS _Postage. &Fees Paid Permit NO. G-10 • Sender: Please print your name, address; and-ZIP+4-,in:`this. b6-k _ LAIR. ROY DAVIS I I C NCDLNR-DNI1Q-SRT 1, m D 2090 U.S. }RL;I[NN'AY70 j SNVANNANOA NC 23773 ') I -< I •-_ ICI _- r fl; ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if ispace permits. 1. ArtMe Addressed o: M oss WOO W e. u)eR MR & MRS FRANK SILVERS 14 OAKIVIOSS LANE ASHEVILLE NC 28806 U-111 by ( ❑ Agent ❑ Addresse( ate of Deliver) Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. qephte Type Certified Mail ❑ Exnrew Mall ❑ Ptegistered Retum Receipt for Merchandise ❑ Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7005 1820 0002 9207 4106 1 00i i —L...— —A n.......s., o-- oe. 1-+ 1n7RQ5-09-M-154 UNITED STATES POSTAL SERVICE • Sender: Please print your name, add NIR. ROY DAMS NC1)CNR-DWQ-%%%T 2090 D.S. HIGHWAY 70 SW,kN, NANOA NC 2S778 First -Class Mail Postage & Fees Paid USPS Permit No. G-10 es anr1.ZIP_"+"4--1�i thi' box • -1 1T O a rrn 'm�I c7 n � J C71 O j o D cn CD r n O I C o L—PTO • Complete Items 1, 2, and 3. Also complete .item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mallplece, or on the front if space permits. 1. Article Addressed to: IA).e;--S Se-tde--tz- CARL K WINKLER 20A HEATHER WAY CANDLER NC 28715 E3 Agent 13 Addressee B. Rpeel ved by (Printed Name) G. Date of Deliver) D. Is delivery address different from litem 1? LJ Yes If YES, enter delivery address below: El No 3. Se Ice Type Certified Mail WS Mall Certified eturn Receipt for Merchandise ❑ Insured Mall- "-RE.D. 4. Restricted Delivery? (Extra Fee). 0 Yes 7005! 1'6210'; 0002'.9'207 i'l 3 UNITED STATES POSTAL SERVICE • Sender: Please print your name, address;-'n-ZIP+4rin4is--b'o)( (T z FF 1� r7-1 I C�5) In-i > < MR. ROY DAVIS > NCDENR-DXVQ-SWP r- rilirk 2090 U.S. 70 i 0 SIVANNANOA NC 28773 N -n i-. P C5 I-_ VIT.13 2 ■ Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse , so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the fr, pr if space permits. 1. Article Addressed to: �fl S5 W 00 �e-55 SQ LdefL MOSS ENTERPRISES INC � 599 NORTH LOUISIANA AVENUE � ASHEVILLE NC 28906 A. 1 (�/ ❑ Agent Q� El Addresses by (Printed Name) C. Date of Deliver D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Vice Type ifled Mall rasa Mall ❑ Registered alum Recelpt for Merchandise ❑ Insured Mail .D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7005 1820 0002 9207 4137 DC v— qQ1 i =-k,— onnA Rcnuin+ - invrar-no_M_1rd UNITED STATES POSTAL SERVICE a Sender: Please print your MR. ROY DAVIS NCDE,NfR-DWQ SWIl 20941 U.S. HIGHWAY 76 SWANNAINOA NC 2,3778 if -Eirst-Class Mail _P6-stage &-FeeFg-Paicl. .-Usps- __ ____ -Permit-No. G-10- > !17, > c c M > -,, z ■ Complete iterr item 4 if Restri 11111 Print your narr so that we car Mil -Attach this car or on the front id 3. Also compete,, very is desirgg_ _ _ dress on the , j'q ersis ie card to you., , pack of the rr?gt(Ipepe, permits. 1. Article Addressed to: �7 55WOA i EVE LYN-FRANCES LUNSFORD I 459 EMM A ROAD I l ASHEVILLE N^ 28806 _I A. Signature X �' �� ❑Agent (/(mot n ❑ Addre se( B. Received by(P`Pub d Name) Date of liver) �fi n � ;/ �htt i'C 111117� D.Ts delivery address different from item 1? Yes If YES, enter delivery address below: No 3CE Typeified Mall a(Isten3d ERMIFFlacelpt for Merchandise ❑ Insured MallO:D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7005 1820 0002 9207 4175 UNITED ■ Compfpte ltefis 1 ar cT�-�. Als`�C'or�i lete '' A. Signature item 4�?iUNW!6 Delivery Is sired /� �/ ❑ Agent ■ Print jlir nd address o verse X r 7/ ❑Addressee we,&arnr turn tcard �cQu ttt ke s Received by (P A ed Name) C. Date of Deliver ■ Attach this EhFd o the k of ilpiece, �A or orythe f�f space permits p� 1. Articlz3 Addri�—s� o: CO <V' D. Is Iv2ty address different from item 17 ❑ Yes a - If YE ter delivery address below: ❑ No 52006 r _? =1 ,_-- Cc)HFVRy `+ i 'IS HILL S5:11E\�L38 8 ='; 3. N!p4ceType rtifled Mail ❑ Express Mail ❑ Reg Bred ReturnReceipt for Merchandis( M, ❑Insured Mail C.O.D. p550 00 4. Restricted Delivery? (Extra Fee) ❑ Yes 70025 18;20;;p002 9207 4168 PC P= gR11 ennA n.,­+il co;,,.., D--- ;.,+. UNITED STATES POSTAL SERVICE V S IP_ -mi"il • Sender: Please print your -name, address, Di c: > co I ITI 210 Im NER. ROY DAVIS NCDENR-DWQ-SWP 2090 U.S. ITIGHWAY-0 SWANNALNOA NC 28778 C_ 'cl C11 11 in thl§- F__ C-3 rM co O IST S U90 U s c WATF N �MFNT �V gNNA N%Nc A P o � T � RFsoU REFS v v j),p 96 Hq'V OR L Y'-Q ASNEVELwopp Ro LLE NC 288 6D �4JP`Ca�/ SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete A. signature Item 4 if Restricted Delivery is desired. ❑ Agent INPrint your name and address on the reverse X ❑ Addressee so that we can return the card to you. B. Received by ( Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, I' or on the front if space permits. I I I I I EI•FANOR LYTLF 96 HAZF LWOOD ROAD I (I-_ASHFVTLL-ENC 288n6 D. Is delivery address different from item 17 ❑ Yes If YES, enter delivery address below: ❑ No I - — - - -- _-- 3.1y1lice Type ( -- - Certined Mao rasa Mall ❑ isten3d Retum ReCelpt for Merchandise ❑ Insured Mail O.D. .. . . 'ee) ❑ Yes 102595-02-M•1540 S,-s(,o-ems`( s1oi c:) Co ?