NC0036641_Enforcement_20191114 (3)

Certified Mail # 7017 2620 0000 9759 2786
Return Receipt Requested

November 15, 2019
Gary P Carlson
Fletcher Academy Inc
185 Fletcher Academy Dr
Fletcher, NC 28732

SUBJECT: Department of Environmental Quality and Environmental Management Commission vs. Fletcher Academy
Special Order by Consent WQ S17006
Stipulated Penalties
SP-2019-0003
NPDES Permit Number NC0036641
Fletcher Academy Inc
Fletcher Academy WWTP
Henderson County

Dear Mr. Carlson:

Fletcher Academy entered into a Special Order by Consent (SOC) WQ S17006 with the North Carolina Environmental
Management Commission whereby operation of the Fletcher Academy Wastewater Treatment Plant (Fletcher Academy
WWTP) has been placed under interim effluent limitations and an enforceable schedule while the existing WWTP is being
upgraded.

Under section 3 of the SOC, Fletcher Academy was required to comply with the interim effluent limitations set forth. The
WWTP failed to comply with the interim effluent limitations for the month of May 2018 by violating one BOD daily limit and
one BOD monthly limit.

After review of this matter, I have not found grounds for sufficient justification to waive the stipulated penalties, therefore
stipulated penalties of $1000 for the BOD daily limit violation and $1000 for the BOD monthly limit violation are now due
for a total of $2000.

Payment by certified check payable to the Department of Environmental Quality must be submitted to the Department at the
address given below within thirty days from receipt of this demand:

Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

DocuSign Envelope ID: D6FF0A9C-81B2-48A9-94D9-ECDA323B7E2F

You are reminded that payment of said penalties in this letter will not foreclose further penalties for any future or continuing
violations or failure to meet deadline dates.

If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.

The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:

6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]

One (1) copy of the petition must also be served on DEQ as follows:

Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601

Please indicate the case number (as found on page one of this letter) on the petition.

Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.

If you have any questions, please contact Daniel Boss with the Division of Water Resources staff of the Asheville Regional
Office at [phone] or via email at [e-mail].

Sincerely,

G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

ATTACHMENTS

Ec: WQS ARO Server, Laserfiche
G:\WR\WQ\Henderson\Wastewater\Minors\Fletcher Academy 36641\DMR Enf\20191114_NC0036641_SP20190003.rtf
DocuSign Envelope ID: D6FF0A9C-81B2-48A9-94D9-ECDA323B7E2F

ATTACHMENT A Fletcher Academy Inc
CASE NUMBER: SP-2019-0003

PERMIT: NC0036641 REGION: Asheville
FACILITY: Fletcher Academy WWTP COUNTY: Henderson ___________________________________________________________________________________________________________________________________________________________________________________
LIMIT VIOLATION(S) ___________________________________________________________________________________________________________________________________________________________________________________

SAMPLE LOCATION: Outfall 001 - Effluent

Violation Report Unit of Limit Calculated % Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount ___________________________________________________________________________________________________________________________________________________________________________________
5/16/2018 5-2018 BOD, 5-Day (20 Deg. 2 X month mg/l 100 147 47.0 Daily $1,000.00
C) - Concentration Maximum
Exceeded ___________________________________________________________________________________________________________________________________________________________________________________
5/31/2018 5-2018 BOD, 5-Day (20 Deg. 2 X month mg/l 70 78.08 11.5 Monthly $1,000.00
C) - Concentration Average
Exceeded ___________________________________________________________________________________________________________________________________________________________________________________

DocuSign Envelope ID: D6FF0A9C-81B2-48A9-94D9-ECDA323B7E2F