NC0000108_Regional Office Physical File Scan Up To 9/22/2020

1379 Qld-Rosr.n6n Highway
Breyatd,, MC, 28712
April 4, 2014
N D, N�l � MI C D ..WQ.Rermitting, Section,,
1,617 Mail Service Center
Raleigh,,N6fth Carolina 276994617-
Subject:' Permit. Narrie70Wnership Change Form
NPDES,P6rmit No.: NC000010&
UtetsidrPackaging ,Group WVITP
Brevard,I_TmnsyNafiia County, North Carolina,
�c
C0 R --i G&--.ceased tdown,/, he faOity, Property, and
equipment w,_qLq- Ly ArA, n d:
Pirs
incorporated under the state of Wirtli-Catolina as New Excelsior".. Inc. All, operations, and the
wastewater ',discharge ` - havoxomaindd the same... The-fa'cilityis'.-'contin"uing,,io operate q dee the
parameters of the perMit without change and with the sanne.ORC; J,ames'and,James Environmental.
Enctosed.a.re iwo-copies-cif iho'Permlt Name/Ownership Change-lorm, as.wo[Las two-copiesof the
Articles ofincorporatimfor Now Excelsior;. Inc. Jim Kelley has temained­as'Gon6r.al Mainagbr and is
signing the form as responsible -official for. the. permit -under New Excelsior,: inc.
n.c.
As the perqfltftechnicat conitac't;'for th64kili,ty, pleat& call Me _at 828=885 2929 x i 6 if 'you should have,
additional questions regarding this letter or the Ownership.Change, Form.
Tha ,you,
o n
ri, M.Gaildway, SPHR.
'Human. Resources. anager4EHS.
New Excelsior, I,nc.. of SigMaPlastics loup
1379 Old' Rosman Hig hway-
areva,r 6& rd NC 287
- c,.
.,828.,885.2929 x16:
428.8.84.612110]x
algailoway@eY,celsiorpkv.com

Facility information
NPDES permit #:
NC0000108 - 003 Outfall Transylvania County
Facility name:
159 Babcock Co., LLC -
Excelsior Packaging Group WWTP
WWTP class:
II
WWTP type:
0.015 MGD extended aeration package plant with:
aeration basin with dual blowers providing
diffused air; clarifier with sludge return; tablet
chlorinator; chlorine contact chamber; and tablet
dechlorinator.
Note:
The comminutor is not used. Higher flows during
rainfall events are typical and indicate ground-
water infiltration into the collection system pipe
from the plant site to the WWTP. As a result, the
MLSS are nearly non-existent and generally
average - 5%.
WWTP location: Old US Hwy 64 East, northeast of Rosman
Responsible officials: Ron Shemesh, Chief Executive Officer
Jim Kelley, General Manager
Clifford Sprouse, Facility Maintenance Manager
and Safety Manager
Official's location: 1379 Old Rosman Highway; Brevard, NC 28712
Mailing address: 1379 Old Rosman Highway; Brevard, NC 28712
Phone numbers
828-885-2929
828-884-6121
828-506-5572 cell
828-884-9537
Operator information
Certified ORC & grade:
Back-up ORCs:
Jim Kelley
" - fax
Wesa ORC
" @ home: PO Box 778; Pisgah Forest, NC 28768
Wm. Wesley Royal - Grade III -
SI -
CollSysl-
Sheridan G. Byers - Grade I -
Jeffrey E. Lancaster - Grade I -
Cert # 13471
Cert # 990510
Cert # 25343
Cert # 992889
Cert # 992890
(A-VII-5ed 5`1
,� 0 aD /D - � )

Permit information
Date issued:
Expiration date:
Stream information
Stream & river basin:
Sub -basin:
Hydrologic Unit Code:
Quad:
Grid:
Stream classification:
Drainage area sq mi:
Instream Waste Conc.:
Average stream flow:
Summer 7Q10 cfs:
Winter 7Q10 cfs:
30Q2 cfs:
Other information
Directions:
5-26-06
9-30-10
Galloway Creek; French Broad River Basin
04-03-01
06010105
Rosman, NC
GME
C
0.69
3.7%
2.4 cfs
0.6
0.9
1.0
Take Old US Hwy 64 East or "Old Rosman
Highway", northeast of Rosman to 1379 Old
Rosman Highway. Excelsior is on the left. Turn
into the parking lot and follow the road to the left
that goes behind the plant. The WWTP is past the
end of that road on the right. The outfall pipe is
at the end of the field at the creek's edge.

l Y '
AILF-K?FA
74 io' a
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Mr. Jim Kelley
The Excelsior Packaging Group
1379 Old Rosman Hwy
Brevard, N.C. 28712
Dear Mr. Kelley:
Coleen H. Sullins
Director
September 7, 2010
Dee Freeman
Secretary
Subject: Issuance of NPDES Permi hIC QQO110
Excelsior Pa�kagang Group WT]P
Transy vania County
Division personnel have reviewed and approved your application for renewal of the subject permit.
Accordingly, we are forwarding.tho attached NPDES discharge, permit- This permit is issued pbr,uar;t•to
the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement be'v,.-en
North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently
amended).
This final permit includes no changes from the draft permit sent to you on July 7, 2010.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this letter. This request must be in the form of a written petition, conforming to
Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings
(6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this
decision shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division may
require modification or revocation and reissuance of the permit. This permit does not affect the legal
requirements to obtain other permits which may be required by the Division of Water Quality or permits
required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local
governmental permit that may be required. If you have any questions concerning this permit, please
contact Charles Weaver at telephone number [phone].
Sincerely
" Coleen H.
cc: Central Files__ _
Ache lle Regional Office/Surface Water P_r_otecti_on.
NPDES Unit w
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 North Salisbury Street, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / http://portal.ncdenr.org/web/wq
An Equal Opportunity/Affirmative Action Employer - 50%. Recycled/10% Post Consumer Paper
r (r(V FIE)
z•:
SEP - 9 2010
WATER QUA TY SECTION
' ASHEVILLE w,'�L FICE a

Permit NC0000108
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other
lawful standards and regulations promulgated and adopted by the North Carolina
Environmental Management Commission, and the Federal Water Pollution Control
Act, as amended, -
The Excelsior Packaging Group
is hereby authorized to discharge wastewater from a facility located at
Excelsior Packaging Group
1379 Old Rosman Highway, NE of Rosman
Transylvania County
to receiving waters designated as Galloway Creek in the French Broad River Basin in
accordance with effluent limitations, monitoring requirements, and other conditions
set forth in Parts I, II, III and IV hereof.
This permit shall become effective October 1, 2010.
This permit and authorization to discharge shall expire at midnight on September 30, 2015.
Signed this day September 7, 2010
of en H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission

Permit NC0000108
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked. As of this permit issuance, any previously. issued permit bearing this number. is no longer
effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the
permit conditions, requirements, terms, and provisions included herein.
The Excelsior Packaging group is hereby authorized to:
1. Continue to operate an existing 0.015 MGD extended aeration
acka c �'a�'i: WWLer treatment,plant with the followin corn one
' - 1� g P
• Aeration basin with dual blowers providing diffused air
• Clarifier with sludge return
• Tablet chlorinator with contact chamber
• Tablet dechlorination
This facility is located at The Excelsior Packaging Group, on Old
Rosman Highway northeast of Rosman in Transylvania County.
2. Discharge from said treatment works via outfall 003 at the location
specified on the attached map into Galloway Creek, currently
classified C waters in hydrologic unit 06010105 of the French Broad
River Basin.

NC0000108 - Excelsior Packaging Group
Latitude: 35010'00" Sub -Basin: 04-03-01
Longitude: 82048'30" Stream Class: C
USGS Quad: Rosman, NC
Receiving Stream: Galloway Creek ,
Hydrologic Unit Code: 06010105
` Facility
Location 0"
"4� �ySSj
Transylvania County
(Map not to scale)

Permit NCO000108
A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of this permit and lasting until permit
expiration, the Permittee is authorized to discharge from outfan 003: domestic wastewater.
Such discharges shall be limited and monitored by the Permittee as specified below:
PARAMETER
LIMITS
MONITORING REQUIREMENTS
[PCS'CODE]
Monthly Average
Daily Maximum
Measurement
Sample Type
Sample',
Frequency'.
Location -
Flow
0.015 MGD
Weekly
Instantaneous
Influent or
50050
Effluent
BOD5, 20oC
C0310
30.0 mg/L
45.0 mg/L
Weekly
Grab
Effluent
Total Suspended Solids
30.0 mg/L
45.0 mg/L
Weekly
Grab
Effluent
C0530
.NH3 as N [C0610]
(April i - October 31
21.0'mg/L
35.0 mg/L
Weekly
Grab
Effluent
NH3 as N [C0610]
Weekly
Grab
Effluent
November 1- March 31
Fecal Coliform [31616]
2001100 ml
400/100 ml
Weekly
Grab
Effluent
(geometric mean
Total Residual Chlorines
28 pg/L
2/Week
Grab
Effluent
50060
Temperature °C
Weekly
Grab
Effluent
00010
pH.>
00400
6.0 and < 9.0 standard units
- -
2/Month
Grab
Effluent
Footnotes:
1. The Permittee shall report all effluent TRC values reported by a NC -certified laboratory
[including field -certified]. Effluent values below 50 µg/L will be treated as zero for compliance
purposes.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
A. (2) DISC]HARGE RESTRICTIONS
There shall be NO wastewater discharge from outfalls 001 or 002 unless this permit is
modified pursuant to part A. (3).

Permit NC0000108
A. (3) CHANGE IN OWNERSHIP OR USE OF THE FACILITY
Prior to resuming production operations at this permitted facility, or in the event that the
facility changes ownership, the Permittee shall submit a request for permit modification
including the following documentation at least 180 days prior to the start of operations:
1. Description of manufacturing processes, products, and expected annual production.
2. Flow diagram indicating process and wastewater flow volumes.
3. Proposed treatment and characteristics of the wastewater to be discharged.
4. Description of any planned expansions or upgrades to the manufacturing or
treatment facilities.
5. Engineering Alternatives Analysis of wastewater disposal alternatives including the
connection to an existing municipal waste treatment facility and non -discharge
alternatives.
6. If the facility is sold a name ownership change form and required documentation shall
be submitted to the Division.
A. (4) BIOCIDE CONDITION
_There shall be no chromium, zinc or copper added to the treatment system except as
pre -approved additives to biocidal compounds.
The Permittee shall obtain approval from the Division's Aquatic Toxicology Unit prior to the use
of any biocide (not previously approved by the Division) in the effluent discharged under this
permit. Approval for use of any biocide not previously approved should be requested at least 90
days in advance of any planned usage. .
Contact the Aquatic Toxicology Unit for detailed instructions on requesting approval of biocides:
NC DENR / DWQ / Aquatic Toxicology Unit
1621 Mail Service Center
Raleigh, North Carolina 27699-1621

NPDES Permit Standard Conditions
Page 1 of 18
PART II
STANDARD CONDITIONS FOR NPDES PER1ViITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall
be representative of the wastewater discharged during the sample period.
3/Week
Samples are collected three times per week on three separate calendar days. These samples shall be representative of
the wastewater discharged during the sample period.
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et.
seq.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal
coliform, the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
B ass
The known diversion of waste streams from any portion of a treatment facility including the collection system, which
is not a designed or established or operating mode for the facility.
Calendar Day
The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods: January through March, April through June, July through September, and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time
interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically.
Composite samples may be obtained by the following methods:
(1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour
period of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection, or
(3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period
-with the tin-ce intervals between samples determined by a preset number of gallons passing the sampling
point. Flow measurement between sample intervals shall be determined by use of a flow recorder and
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totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the
expected total daily flow at the treatment system, or
(4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at
a constant time interval. Use of this method requires prior approval by the Director. This method
may only be used in situations where effluent flow rates vary less than 15 percent. The following
restrictions also apply:
➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
➢ Influent samples shall not be collected more than once per hour.
➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent
grab samples at intervals of no greater than 20 minutes apart during any 24-hour period.
➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect
effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour
sampling period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean
concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all
grab samples collected during that period. (40 CFR 122.2)
Daily Maximum
The highest "daily discharge" during the calendar month.
Dailmpling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations
prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that
requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWQ or "the Division"
The Division of Water Quality, Department of Environment and Natural Resources.
EMC
The North Carolina Environmental Management Commission.
EPA
The United States Environmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow
this permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N = the number of individual values. For purposes of
calculating the geometric mean, values of "0" (or "< [detection level]' shall be considered = 1.
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Grab Sample
Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream
samples).
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA.
Instantaneous flow measurement
A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total
discharge.
Monthly Average (concentration limit),
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal'
coliform, the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Quality.
Quarterly Average (concentration limit)
The average of all samples taken over a calendar quarter.
Severe property damage
Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable,
or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1) of the CWA.
U set
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by
operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
Weekly Average (concentration limitl
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal
coliform, the geometric mean of such discharges.
Section B. General Conditions
1. Duty to Comply
The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation
of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or
modification; or denial of a permit renewal application [40 CFR 122.41].
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions
or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate
the requirement.
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b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or
any permit condition or limitation implementing any such sections in a permit issued under section 402, or
any requirement imposed in a pretreatment program approved under sections 402 (a) (3) or 402 (b) (8) of the
Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319 (d) and 40
CFR 122.41 (a) (2)]
c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the
Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of
the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or
402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a
negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of
violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319 (c) (1) and 40 CFR 122.41 (a)
(2)]
d. Any person who knoningly violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In
the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both.
[33 USC 1319 (c) (2) and 40 CFR 122.41 (a) (2)]
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,
and who knows at that time that he thereby places another person in imminent danger of death or serious
bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not
more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment
violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than
30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction
of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined
up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)]
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North
Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such
sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are
not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the
violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1219
(g) (2) and 40 CFR 122.41 (a) (3)]
2. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122.41 (d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power
Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309
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iN MES Permit Standard Conditions
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of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as
fish kills, even though the responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee
from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-
215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property, or any
exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor
any infringement of Federal, State or local laws or regulations [40 CFR 122.41
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
7. Severability
The provisions of this permit are severable. If any provision of this permit, or the application of any provision of
this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the
remainder of this permit, shall not be affected thereby [NCGS 150B-23].
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the
Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)].
9. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the
Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)].
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and
fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date.
Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not
have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject
the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Sienatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified
[40 CFR 122.41 (k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in
charge of a principal business function, or any other person who performs similar policy or decision
making functions for the corporation, or (b) the manager of one or more manufacturing, production, or
operating facilities, provided, the manager is authorized to make management decisions which govern the
operation of the regulated facility including having the explicit or implicit duty of making major capital
investment recommendations, and initiating and directing other comprehensive measures to assure long
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term environmental compliance with environmental laws and regulations; the manager can ensure that
the necessary systems are established or actions taken to gather complete and accurate information for
permit application requirements; and where authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures .
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or
ranking elected official [40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
1. The authorization is made in writing by a person described above;
2. The authorization specified either an individual or a position having responsibility for the overall
operation of the regulated facility or activity, such as the position of plant manager, operator of a well or
well field, superintendent, a position of equivalent responsibility, or an individual or position having
overall responsibility for environmental matters for the company. (A duly authorized representative may
thus be either a named individual or any individual occupying a named position.); and
3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]
c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate
because a different individual or position has responsibility for the overall operation of the facility, a new
authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director
prior to or together with any reports, information, or applications to be signed by an authorized
representative [40 CFR 122.22]
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the
following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE
ACCEPTED:
"/ certify, under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate
the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations. "
12. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the
Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned
changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (0].
13. Permit Modification, Revocation and Reissuance. or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 2H.0100; and North Carolina General Statute 143-215.1 et. al.
14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2)
may cause this Division to initiate action to revoke the permit.
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Section C. Operation and Maintenance of Pollution Controls
1. Certified Operator
Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a
certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution
control treatment system. Such, operator must hold a certification of the grade equivalent to or greater than the
classification assigned to the water pollution control treatment system by the Certification Commission. The
Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the
type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade
of the system [15A NCAC 8G.0201].
The ORC of each Class I facility must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least weekly
➢ Comply with all other conditions of 15A NCAC 8G.0204.
The ORC of each Class II, III and IV facility must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least five days per week, excluding holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 8G.0204.
Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the
operator in responsible charge:
a. Within 60 calendar days prior to wastewater being introduced into a new system
b. Within 120 calendar days of:
➢ Receiving notification of a change in the classification of the system requiring the designation of a
new ORC and back-up ORC
➢ A'vacancy in the position of ORC or back-up ORC.
2. Proper Operation and Maintenance
The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing
facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to
achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install
and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the
permit [40 CFR 122.41 (e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and
maintenance of the facility, and all documentation required thereof, whether acting as a contract operator
[subcontractor] or a member of the Permittee's staff.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41
(c)]
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)]
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The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Paragraphs b. and c. of this section.
b. Notice [40 CFR 122.41 (m) (3)]
(1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior
notice, if possible at least ten days before the date of the bypass; including an evaluation of the
anticipated quality and effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part
II. E. 6. (24-hour notice).
Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system -wide collection system
permit associated with the treatment facility.
(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c.
(1) of this section.
5. U12sets
a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action
brought for noncompliance with such technology based permit effluent limitations if the requirements of
paragraph b. of this condition are met. No determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for noncompliance, is final administrative action
subject to judicial review.
b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the
affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or
other relevant evidence that:
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset;
(2) The Permittee facility was at the time being properly operated; and
(3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) of this permit.
(4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit.
c. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset
has the burden of proof in any enforcement proceeding.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States. The Permittee
shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of
40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be
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reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The
Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when
promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the
requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal practices.
7. Power Failures
The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124) to prevent
the discharge of untreated or inadequately treated wastes during electrical power failures either by means of
alternate power sources, standby generators or retention of inadequately treated effluent.
Section D. Monitoring and Records
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of
the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is
characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the
monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted
by any other wastestream, body of water, or substance. Monitoring points shall not be changed without
notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)].
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a
monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the
Director, postmarked no later than the last calendar day of the month following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new
facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of
these, and all other reports required herein, shall be submitted to the following address:
NC DENR / Division of Water Quality / Water Quality Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I
of this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's
Laboratory Certification Section (919 733-3908 or http://h2o.enr.state.nc.us/lab/cert.htm) for information
regarding laboratory certifications.
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Personnel conducting testing of field -certified parameters must hold the appropriate field parameter
certifications.
Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to
NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to
Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal,
approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been
specified in this permit [40 CFR 122.41].
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum
detection and reporting levels that are below the permit discharge requirements and all data generated must be
reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are
determined capable of achieving minimum detection and reporting levels below permit discharge requirements,
then the most sensitive (method with the lowest possible detection and reporting level) approved method must
be used.
5. Penalties for Tampering
The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring
device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of
not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both.
If a conviction of a person is for a violation committed after a first conviction of such person under this
paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more
than 4 years, or both [40 CFR 122.41].
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge
use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40
CFR 503), the Permittee shall retain records of all monitoring information, including:
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time [40 CFR
122.41].
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record
the following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
8. Inspection and Entey
The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting
as a representative of the Director), upon the presentation of credentials and other documents as may be required
by law, to;
a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where
records must be kept under the conditions of this permit;
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b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this
permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices,
or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the CWA, any substances or parameters at any location [40 CFR 122.41 (i)].
Section E Reporting Requirements
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge
of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall
constitute a violation of the permit.
2. Planned Changes
The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or
additions to the permitted facility [40 CFR 122.41 (1)]. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
122.29 (b); or
b. - The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR 122.42 (a) (1).
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices,
and such alteration, addition or change may justify the application of permit conditions that are different
from or absent in the existing permit, including notification of additional use or disposal sites not reported
during the permit application process or not reported pursuant to an approved land application plan. .
3. Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other
activities that might result in noncompliance with the permit [40 CFR 122.410) (2)].
4. Transfers
This permit is not transferable to any person without approval from the Director. The Director may require
modification or revocation and reissuance of the permit to document the change of ownership. Any such action
may incorporate other requirements as may be necessary under the CWA [40 CFR 122.41 (1) (3)].
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)].
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such
monitoring shall be included in the calculation and reporting of the data submitted on the DMR.
6. Twenty-four Hour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public health or the environment. Any information shall be provided orally within 24
hours from the time the Permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the Permittee becomes aware of the circumstances. The written
submission shall contain a description of the noncompliance, and its cause; the period of noncompliance,
including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance [40 CFR 122.41 (1) (6)].
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b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at [phone], [phone] or [phone].
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at
the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of
this permit [40 CFR 122.41 (1) (7)].
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or
submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit
such facts or information [40 CFR 122.41 (1) (8)].
9. Noncompliance Notification
The Permittee shall report by telephone to either the central office or the appropriate regional office of the
Division as soon as possible, but in no case more than 24 hours or on the next working day following the
occurrence or first knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge
digester; the known passage of a slug of hazardous substance through the facility; or any other unusual
circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of
all or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices
of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making
any false statement on any such report may result in the imposition of criminal penalties as provided for in
NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The CWA provides that any person who knowingly makes any false statement; representation, or certification in
any record or other document submitted or required to be maintained under this permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more
than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR
122.41].
12. Annual Performance Reports
Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual
report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C).
The report shall summarize the performance of the collection or treatment system, as well as the extent to which
the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality.
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The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon
which annual period is used for evaluation.
The report shall be sent to:
NC DENR / DWQ / Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617
PART III
OTHER REQUIREMENTS
Section A. Construction
The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment
capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an
Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for
the proposed construction have been submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitoring
The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to
determine the compliance of this NPDES permitted facility with the current groundwater standards.
Section C. Changes in Discharges of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42):
a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent
basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the
following "notification levels";
(1) One hundred micrograms per liter 000 µg/L);
(2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms
per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter
(1 mg/L) for antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application.
b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or
infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the
highest of the following "notification levels';
(1) Five hundred micrograms per liter (500 µg/L);
(2) One milligram per liter (1 mg/L) for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Evaluation of Wastewater Discharge Alternatives
The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound
alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms
and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in
such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of
notification by the Division.
Section E. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system
covered by this permit. The Division may require specific measures during deactivation of the system to prevent
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adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit
continue at the permitted facility.
PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b), (c) or (d) of the CWA. [40 CFR 403.3 (b) (i) and (j)]
Interference
Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which
causes or contributes to a violation of any requirement of the POTWs NPDES Permit or prevents sewage sludge use
or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC
2H.0903 (b) (13)]
Pass Through
A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with
discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of
the POTWs NPDES permit, or of an instream water quality standard. [15A NCAC 2H.0903 (b) (23)]
Publicly Owned Treatment Works (POTA)
A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. This
definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they
convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in
section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a
treatment works. [15A NCAC 2H.0903 (b) (27)]
"Significant Industrial User" or "SIU"
An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 2H.0903
(b) (34)]:
(a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding
sanitary, noncontact cooling and boiler blowdown wastewaters) or;
(b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of
the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern, or;
(c) is required to meet a national categorical pretreatment standard, or;
(d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or
the EPA to have a reasonable potential for adversely affecting the POTWs operation or for violating any
pretreatment standard or requirement or POTWs receiving stream standard, or to limit the POTWs sludge
disposal options.
Section B. Publicly Owned Treatment Works (POTWs)
All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the
operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the
treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.2]
All POTWs must provide adequate notice to the Director of the following (40 CFR 122.42 (b)]:
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1. Any new introduction of pollutants into the POTW from an indirect discharger, including pump and
hauled waste, which would be subject to section 301 or 306 of CWA if it were directly discharging those
pollutants; and
2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger
as influent to that POTW at the time of issuance of the permit.
3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of
effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the
quantity or quality of effluent to be discharged from the POTW.
Section C. Municipal Control of Pollutants from Industrial Users.
Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries
using the municipal system may be present in the Permittee's discharge. At such time as sufficient information
becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent
limitations for any or all of such other pollutants in accordance with best practicable technology or water
quality standards.
2. Prohibited Discharges
a. Under no circumstances shall the Permittee allow introduction of pollutants or discharges into the waste
treatment system or waste collection system which cause or contribute to Pass Through or Interference
as defined in 15A NCAC 2H.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)]
b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste
treatment or waste collection system [40 CFR 403.5 (b)]:
1. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60. degrees
Centigrade using the test methods specified in 40 CFR 261.21;
2. Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with
pH lower than 5.0, unless the works is specifically designed to accommodate such discharges;
3. Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting
in Interference;
4. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a
flow rate and/or pollutant concentration which will cause Interference with the POTW;
5. Heat in amounts which will may inhibit biological activity in the POTW resulting in Interference,
but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds
40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature
limits;
6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will
cause interference or pass through;
7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a
quantity that may cause acute worker health and safety problems;
8. Any trucked or hauled pollutants, except at discharge points designated by the POTW.
C. The Permittee shall investigate the source of all discharges into the WWTP, including slug loads and
other unusual discharges, which have the potential to adversely impact the permittee's Pretreatment
Program and/or the operation of the WWTP.
The Permittee shall report such discharges into the WWTP to the Director or the appropriate Regional
Office. Any information shall be provided orally within 24 hours from the time the Permittee became
aware of the circumstances. A written submission shall also be provided within 5 days of the time the
Permittee becomes aware of the circumstances. The written submission shall contain a description of
the discharge, the investigation into possible sources; the period of the discharge, including exact dates
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and times; and if the discharge has not ceased, the anticipated time it is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance,
3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to
supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance
by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary
regarding some or all of the industries discharging to the municipal system.
4. The Permittee shall require any industrial discharger sending its effluent to the permitted system to meet
Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act as amended (which
includes categorical standards and locally derived limits and narrative requirements). Prior to accepting
wastewater from any significant industrial user, the Permittee shall either develop and submit to the Division a
new Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required
under section D below as well as 15A NCAC 211.0907 (a) and (b). [40 CFR 122.44 0) (2)]
5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved
POTW Pretreatment Program or to include a compliance schedule for the development of a POTW
Pretreatment Program as required under Section 402 (b) (8) of the CWA and implementing regulations or by
the requirements of the approved State pretreatment program, as appropriate.
Section D. Pretreatment Programs
Under authority of sections 307 (b) and (c) and 402 (b) (8) of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H.0900, and in accordance
with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment
Program Submittal are an enforceable part of this permit. [40 CFR 122.44 0) (2)]
The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA,
40 CFR 403, 15A NCAC 2H.0900, and the legal authorities, policies, procedures, and financial provisions contained
in its pretreatment program submission and Division approved modifications thereof. Such operation shall include
but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II
or Part IV of this permit are as defined in 15A NCAC 214.0903 and 40 CFR 403.3.
1. Sewer Use Ordinance (SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A
NCAC 2H.0905 and .0906; 40 CFR 403.8 (f) (1) and 403.9 (1), (2)]
2. Industrial Waste Survey (IWS)
The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR
403.8 (f) (2) (i-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44 0) (1)], including identification of all industrial
users and the character and amount of pollutants contributed to the POTW by these industrial users and
identification of those industrial users meeting the definition of SIU. The Permittee shall submit a summary of
its IWS activities to the Division at least once every five years, and as required by the Division. The IWS
submission shall include a summary of any investigations conducted under paragraph B, 2, c, of this Part.
3. Monitoring Plan
The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data
to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific
pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II,
Section D, and Section E.5.). [15A NCAC 2H.0906 (b) (2) and .0905]
4. Headworks Analysis HWA and Local Limits
The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the
Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the
Version 712009

►ES Permit Standard Conditions
Page 17 of 18
Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an
updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in
accordance with 40 CFR 403.5 (c) and 15A NCAC 2H.0909, specific Local Limits to implement the
prohibitions listed in 40 CFR 403.5 (a) and (b) and 15A NCAC 214.0909.
Industrial User Pretreatment Permits (IUP) & Allocation Tables
In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for
operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall
contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions,
and compliance schedules as necessary for the installation of treatment and control technologies to assure that
their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee
shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from
all IUDs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA. [15A NCAC 2H.0909, .0916, and .0917; 40 CFR 403.5, 403.8 (f) (1) (iii); NCGS 143-
215.67 (a)]
6. Authorization to Construct (AQ
The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial
users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the
proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all
Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 2H.0906 (b) (6) and .0905; NCGS 143-
215.1 (a) (8)]
7. POTW Inspection & Monitoring of their IUs
The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division
approved pretreatment program in order to determine, independent of information supplied by industrial users,
compliance with applicable pretreatment standards. [15A NCAC 2H .0908(d); 40 CFR 403.8(f)(2)(v)]. The
Permittee must:
a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and
b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit -limited
pollutants, once during the period from January 1 through June 30 and once during the period from
July 1 through December 31, except for organic compounds which shall be sampled at least once per
calendar year; For the purposes of this paragraph, "organic compounds" means the types of
compounds listed in 40 CFR 136.3(a), Tables IC, ID, and IF, as amended.
8. IU Self Monitoring and Reporting
The Permittee shall require all industrial users to comply with the applicable monitoring and reporting
requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or
in 15A NCAC 2H .0908. [15A NCAC 2H .0906(b)(4) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR
122.440)(2)]
9. Enforcement Response Plan XRPI
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive
discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All
enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division.
[15A NCAC 2H .0906(b)(7) and .0905; 40 CFR 4038(f)(5)]
10. Pretreatment Annual Reports (PAR)
The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting
annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to
submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of
pretreatment requirements and other pretreatment implementation issues.
Version 712009

PDES Permit Standard Conditions
Page 18 of 18
For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual
Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the
following address:
NC DENR / DWQ / Pretreatment, Emergency Response, and Collection Systems Unit (PERCS)
1617 Mail Service Center
Raleigh, NC 27699-1617
These reports shall be submitted according to a schedule established by the Director and shall contain the
following:
a.) Narrative
A brief discussion of reasons for, status of, and 'actions taken for all Industrial Users (IUs) in Significant
Non -Compliance (SNC);
b.) Pretreatment Program SummaW (PPS)
A pretreatment program summary (PPS) on specific forms approved by the Division;
c.) Significant Non -Compliance Report (SNCR)
The nature of the violations and the actions taken or proposed to correct the violations on specific forms
approved by the Division;
d.) Industrial Data Summary Forms DSF)
Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU)
and any monitoring data for other Industrial Users (IUs) in SNC. These analytical results must be
reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division;
e.) Other Information
Copies of the POTW's allocation table, new or modified enforcement compliance schedules,, public
notice of IUs in SNC, and any other information, upon request, which in the opinion of the Director is
needed to determine compliance with the pretreatment implementation requirements of this permit;
11.' Public Notice
The Permittee shall publish annually a list of Industrial Users (IUs) that were in Significant Non -Compliance
(SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment
requirements and standards during the previous twelve month period. This list shall be published within four
months of the applicable twelve-month period. [15A NCAC 2H .0903(b)(35,..0908(b)(5) and .0905 and 40
CFR 403.8(0(2),(v Q
12. Record Keeping
The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with
support information including general records, water quality records, and records of industrial impact on the
POTW. [15A NCAC 2H .0908(f); 40 CFR 403.12(o)]
13. Funding and Financial Report
The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives.of its approved
pretreatment program. [15A NCAC 2H .0906(a) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)]
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications,
POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be
considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907.
Version 712009

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
May 26, 2006
Ron Shemesh
159 Babcock Co., LLC
Excelsior Packaging Group
1379 Old Rosman Hwy.
Brevard, NC . 28712
Subject: NPDES Permit Modification
Permit NC0000108
Excelsior Packaging Group
formerly Coats American, Inc. - Sylvan Plant
WWT'P
Transylvania County
Dear Mr. Shemesh:
Division personnel have reviewed and approved your request to transfer ownership of the subject permit,
received on May 22, 2006. This permit modification documents the change in ownership.
Please find enclosed the revised permit. All other terms and conditions contained in the original permit remain
unchanged and in full effect This permit modification is issued under the requirements of North Carolina General
Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental
Protection Agency.
If you have any questions concerning this permit modification, please contact the Point Source Branch at (919)
733-5083 extension 363.
cc: Central Files
Asheville Regional_Office, Surface Water Protection
NPDES Unit File
Sincerely,
/'C' 4 d&a '
N� Alan W. Klimek, P.E.
JUN - 8 2006
77
VIATER OUALIT(
ASHEViLLE REGIONAL OFFICC�_
No o ` Carolina
�tmally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us 512N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal Opportun4/Affirmative Action Employer— 50% Recyaled/10% Post Consumer Paper

Permit NC0000108
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other
lawful standards and regulations promulgated and adopted by the North Carolina
Environmental Management Commission, and the Federal Water Pollution Control Act,
as amended,
159 Babcock Co., LLC
is hereby authorized to discharge wastewater from a facility located at the
Excelsior Packaging Group
Old US Hwy 64 East
Northeast of Rosman
Transylvania County
to receiving waters designated as Galloway Creek in the French Broad River Basin
in accordance with effluent limitations, monitoring requirements, and other conditions
set forth in Parts I, II, III and IV hereof.
This permit shall become effective May 26, 2006.
This permit and authorization to discharge shall expire at midnight on September 30, 2010.
Signed this day May 26, 2006.
'e, 7� kd�'
iloa,- Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission

Permit NC0000108
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge
are hereby revoked. As of this permit issuance, any previously issued permit bearing
this number is no longer effective. Therefore, the exclusive authority, to operate and
discharge from this facility arises under the permit conditions, requirements, terms,
and provisions included herein.
159 Babcock Co., LLC is hereby authorized to:
1. Continue to operate an existing 0.015 MGD extended aeration package wastewater
treatment system with effluent disinfection to discharge at outfall 003, located, at
Excelsior Packaging Group, on Old US Highway 64 East, Transylvania County, and
2. Discharge from said treatment works at the location specified on the attached map
into Galloway Creek which is classified. C waters in the French Broad River Basin.

Permit NC0000108
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL
During the period beginning on the effective date of this permit and lasting until permit expiration, the Permittee is
authorized to discharge from outfall 003: domestic wastewater. Such discharges shall be limited and monitored
by the Permittee as specified below:
EFFLUENT
CHARACTERISTICS, .,
LIMITS
MONITORING REQUIREMENTS
Monthly
Avers a
;Daily ;
Maximum .
Measurement
, Frequenc
Sample Type
Sample Location
Flow
0.015 MGD
Weekly
Instantaneous
Influent or Effluent
BON, 200C
30.0 m A
45.0 m /l
Weekly
Grab
Effluent
Total Suspended Solids
30.0 m A
45.0 m A
Weekly
Grab
Effluent
NH3 as N'
21.0 m A
35.0 m A
Weekly
Grab .
Effluent
Fecal Coliform(geometric mean
2001100 ml
4001100 ml
Weekly
Grab
Effluent
Total Residual Chlorine2
28 ugA
2/Week
Grab
Effluent
Temperature, oC
Weekly
Grab
Effluent
pH3
2/Month
Grab
Effluent
Footnotes:
1. From November 1 through March 31, NH3-N shall not have a limit.
2. The TRC limit shall take effect on May 1; 2007. Until then, the permittee shall monitor TRC
(with no limit).
3. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

' Permit NC0000108'
A. (2.)EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -
FINAL
During the period beginning on the effective date of this permit and lasting until
permit expiration, the authorization to discharge from outfall 001 is suspended until
this permit is modified pursuant to Condition A. (4).
A. (3. )EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -
FINAL
During the period beginning on the effective date of this permit and lasting until
permit expiration, the authorization to discharge from outfall 002 is suspended until
this permit is modified pursuant to Condition A. (4).
A. (4.)CHANGE IN OWNERSHIP OR USE OF THE FACILITY- FINAL
Prior to resuming operations at the. Sylvan Plant or in the event that the facility
changes ownership, the permittee shall submit a request for permit modification
including the following documentation at least 180 days prior to the start of
operations:
1. Description of manufacturing processes, products, and expected annual
production.
2. Flow diagram indicating process and wastewater flow volumes.
3. Proposed treatment and characteristics of the wastewater to be discharged.
4. Description of any planned 'expansions or upgrades to the manufacturing or .
treatment facilities.
5. Engineering Alternatives Analysis of wastewater disposal alternatives -including
the connection to an existing municipal waste treatment facility and non -
discharge alternatives.
6. If the facility is sold a name ownership change form and required documentation
shall be submitted to the Division.
A. (5.) BIOCIDE CONDITION - FINAL
The permittee shall not use any biocides except those approved in conjunction with
the permit application. The permittee shall notify the Director in writing not later than
ninety (90) days prior to instituting use of any additional biocide used in cooling
systems which may be toxic to aquatic life other than those previously reported to the
Division of Water Quality. Such notification shall include completion of Biocide
Worksheet Form 101 and a map locating the discharge point and receiving stream.

�° 1v11 &_
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
JIM KELLEY
GENERAL MANAGER
EXCELSIOR PACKAGING GROUP
1379 OLD ROSMAN HIGHWAY
BREVARD NC 28712
Dear Mr. Kelley:
Coleen H. Sullins
Director
March 30, 2010
Subject: Receipt of permit renewal application
NPDES Permit NC0000108
Excelsior Packaging Group
Transylvania County
Dee Freeman
Secretary
The NPDES Unit acknowledges receipt of the permit renewal application for the above facility on March
25, 2010; however, on initial review it was noted that the required Sludge Management Plan was not included in the
paperwork submitted. Please submit to this unit a narrative description of your Sludge Management Plan. Describe
how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has
no such plan (or the permitted facility does not generate any solids), explain this in writing.
For your convenience, we can accept a faxed copy at [phone] or you can mail it attention to me at
the mail service center address listed below. Upon receipt, a member of the NPDES Unit will further review your
application and will contact you if additional information is required.
If you have any additional questions concerning renewal of the subject permit, please contact Jeff Poupart at
[phone].
Sincerely,
Dina Sprinkle
Point Source Branch...,,__,_.,
cc: CENTRAL FILES
s
ik :h:.v califi/Surface Water Protection
l�1PDES Unit p 4.
MAR 3 1 2010
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 t WATER Q �� OO,E
FPION
Phone: [phone] \ FAX: [phone] \ Customer Service: 1-877-623-6748 ^ E L1 k
11
Internet: www.ncwaterqual4.org
An Equal Opportunity \ Affirmative Action Employer ry^ '—`L �ry .

cpm
-PACKAGINGrj
,tx C e. [ S 1017
1379 Old Rosman Highway
Brevard, NC 28712
March 23, 2010
Mrs. Dina Sprinkle
NC DENR/DWQ/Point Source Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
This letter and the attached application are in response to the renewal notice for
NPDES permit NC0000108 for Excelsior Packaging Group. Attached is the signed
application for permit renewal, as well as two copies of the signed application and this
letter.
The attached application for permit renewal has been signed by me, Jim Kelley, as
general manager of Excelsior Packaging Group's Brevard, North Carolina. I have signed
the application per current NPDES permit section 11, "signatory requirements" with
the authority to "make management decisions which govern the operation of the
regulated facility." Additionally, the data regarding water quality has been provided
by the ORC, Wesley Royal, of Royal Water Works, Pisgah Forest, NC.
If you should have any questions regarding any information provided, please contact
me at 828-885-2929.
hank you,
Ji Kelley
General Manager
Excelsior Packaging Group
tg

NPDES APPLICATION FOR PERMIT RENEWAL - FORM D V
For privately owned treatment systems treating 100% domestic wastewaters <0.1 MGD
Mail the complete application to:
N. C. Department of Environment and Natural Resources
Division of Water Quality / NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
NPDES Permit INCOOOO108
If you are completing this form in computer use the TAB key or the up - down arrows to move from one
field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type.
1. Contact Information:
Owner Name
Ikon Shemesh
Facility Name
EXCELSIOR PACKAGING GROUP
Mailing Address
1379 Old Rosman Highway
City
Brevard
State / Zip Code
NC
Telephone Number
[phone]
Fax Number
[phone]
e-mail Address
2. Location of facility producing discharge:
Check here if same address as above
Street Address or State Road 1379 OLD ROSMAN HWY
City BRVARD
State / Zip Code NORTH CAROLIAN, 28712
County TRANSYLVANIA
3. Operator Information:
Name of the firm, public organization or other entity that operates the facility. (Note that this is not
referring to the Operator in Responsible Charge or ORC)
Name WILLIAM WESLEY ROYAL
Mailing Address PO BOX 778
City
State / Zip Code
Telephone Number
Fax Number
PISGAH FOREST
NC 28768
[phone]
[phone]
1 of Form-D 1/06

NPDES APPLICATION FOR PERMIT RENEWAL - FORM D
For privately owned treatment systems treating 100% domestic wastewaters <0.1 MGD
4. Description of wastewater:
Facility Generating Wastewater(check all that apply):
Industrial
®
Number of Employees 85
Commercial
❑
Number of Employees
Residential
❑
Number of Homes
School
❑
Number of Students/Staff
Other
❑
Explain:
Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers,
restaurants, etc.):
Population served:
5. Type of collection system
® Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer)
6. Outfall Information:
Number of separate discharge points 1
Outfail Identification number(s) 003
Is the outfall equipped with a diffuser? ❑ Yes ® No
7. Name of receiving stream(s) (Provide a map showing the exact location of each outfallr
GALLOWAY CREEK
8. Frequency of Discharge: ® .Continuous ❑ Intermittent
If intermittent:
Days per week discharge occurs: 7 Duration: 365
9. Describe the treatment system
List all installed components, including capacity, provide design removal for BOD, TSS, nitrogen and
phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a
separate sheet of paper.
2 of 4 Form-D 1/06

NPDES APPLICATION FOR PERMIT RENEWAL - FORM D
For privately owned treatment systems treating 100% domestic wastewaters <0.1 MGD
10. Flow Information:
Treatment Plant Design flow .015 MGD
Annual Average daily flow .0035 MGD (for the previous 3 years)
Maximum daily flow .004 MGD (for the previous 3 years)
11. Is this facility located on Indian country?
❑ Yes ® No
12. Effluent Data
Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other
parameters 24-hour composite sampling shall be used. Effluent testing data must be based on at least three samples
and must be no more than four and one half nears old.
Parameter
Daily
Maximum
Monthly
Average
Units of .
Measurement
Number of
Samples
Biochemical Oxygen Demand
(BODS)
5.4
2.75
MG/L
4
Fecal Coliform
< 1
< 1
GEPEMETRIC
4
Total Suspended Solids
11.5
15
MG/L
4
Temperature (Summer)
21.3
19.4
C
6
Temperature (Winter)
12.2
9.4
C
6
pH
7.1
7.0
SU
4
13. List all permits, construction approvals and/or applications:
Type Permit Number Type
Hazardous Waste (RCRA) NESHAPS (CAA)
UIC (SDWA) Ocean Dumping (MPRSA)
NPDES NC0000108 Dredge or fill (Section 404 or CWA)
PSD (CAA) Special Order of Consent (SOC)
Non -attainment program (CAA) Other
14. APPLICANT CERTIFICATION
Permit Number
I certify that I am familiar with the information contained in the application and that to the
best of my knowledge and belief such information is true, complete, and accurate.
Jim Kelley General Manager
wed name of Person Signing Title
of
Date
North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement
representation; or certification in any application, record, report, plan, or other document files or required to be
maintained under Article 21 or regulations of the Environmental Management Commission implementing that
Article, or who falsifies, tampers with, or knowly renders inaccurate any recording or monitoring device or method
required to be operated or maintained under Article 21 or regulations of the Environmental Management
Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed
$25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a
3 of 4 Fomt-D 1 /06

NPDES APPLICATION FOR PERMIT RENEWAL - FORM D
For privately owned treatment systems treating 100% domestic wastewaters <0.1 MGD
punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar
offense.)
4 of 4
Form-D 1/06

North Carolina
Department of Environment and Natural resources
Water Pollution Control System Operator Certification Commission
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Coleen H. Sullins, Chairman June 22, 2001
Coats American, Inc.
Mr. Eddie Briscoe
PO Box 458
Rosman, North Carolina 28772
Subject: Classification of Water Pollution Control System
Sylvan WWTP
Permit No. NC0000108
Transylvania County
Dear Mr. Briscoe:
10 sa�f)
NCDE
I
*Iho
o
JUN
The Water Pollution Control System Certification Commission has classified the subject facility
as a Grade 2 Biological Water Pollution Control Treatment System.
In accordance with 15A NCAC 8G .0202 and your permit, you must designate an Operator in
Responsible Charge (ORC) and Back -Up Operator who has a current certification of the
appropriate type and grade for this system. Your facility requires a Grade 2 or
higher Wastewater Treatment Plant Operator in Responsible Charge and
Grade 1 or higher Back -Up Operator. Failure to designate a properly certified operator and back-
up operator constitutes a violation of the permit issued for this facility. The Technical Assistance
and Certification Unit routinely updates the facility designation database in our office. Our
records indicate that this facility does not have a current designation form on file. Enclosed is a
new designation form. Please complete this designation form and submit it to this office by July
23, 2001.
If you have any questions concerning this update or the designation of an ORC, please contact me
at 919I733-0026 ext. 315.
Sincere]
Tony old, Water Pollution Control Systems Consultant
Technical Assistance and Certification Unit
cc: Charles Weaver, Permits and Engineering
.Central Files
lis1i'leRIl-Ofie
TAC Files
Enclosure
1618 Mail Service Center, Raleigh, North Carolina 27699-1618
Phone: 919 — 733-0026 \ FAX: 919 — 733-1338
AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST CONSUMER PAPER

SCHEMATIC OF WASTE WATER FLOW
COATS AMERICAN - SYLVAN PLANT
TRANSYLVANIA COUNTY
ROSMAN, NORTH CAROLINA
NPDES PERMIT NO. NC0000108
POTABLE WATER
CHLORINATION
FOR DISINFECTION
COOLING WATER
CHLORINATION
AS BIOCIDE
PACKAGE
TREATMENT
PLANT (AERATION)
OUTFALL 003
NON -CONTACT
COOLING WATER
AIR COMPRESSOR OUTFALL 002
AFTERCOOLER
• AIR DRYER
CONDENSER
COOLING
TOWER
AIR WASHERS
BLOWDOWN
BLOWDOWN
OUTFALL 001
2-24-2000

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z_ 1
' DN[ STDNT
■NICK
DU ILDIND
yA.
tir g
it 5 /a
O Q!
cow NORM
TRACT 3
0.53 ACRES
m
wr
miw
!Of=
f»/•
Cs
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er
fcr '
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MEE
•ra .yy. �� J� TRACT i j qy
` .: i`o'4.%Y • `��. 4170 AGES�xWA
a a i
.ne op 1.1/�eDw m,ua n.rt w>a
o
DWC. NO. 4613CT
SPRINKLE SURVEYING PAJ •. m..'w�_ .�...�m.�.. �w.,A/�Jo.._:.. Q� i
PROIF`SIONN. LAND 95NE70RS •���
M1 tCT INYA .Dlm S m°u•=
NII•.AK IODM taAD.w sEl9. Mee d�
T6 w•-Sf•-SMr A NA-JIFOIT • _ • PI
wv�i w~iw�i w w��
� ��.[.:u.•srr� �ts�
�,:��:r�;tr:-ram sue; �
t' NNIi[•� L� �aifS i�
���:r vsn�aac:•Tai
r>•"":r ?xnra� T�
�n•��:rran:ranow. �
is ai`�i�raE_:xa>•
. raaN-: f:a•
TOTAL 44.76 ACRES +/-
BOUNDARY SURVEY
159 BABCOCK COMPANY, LLC-
CKTNEYS CREEK TOWNSHIP TRANMVANIA COUNTY. N.C.
DECEMBER 19. 2005 SCALE I IN. - 1DO FT.
Im D ON DA sm
•• sm.rr ownu ww.an .as mx. � •u. v .n

J - Michael F. Easley, Governor
M AY 2 3 2006 I William G. Ross Jr., Secretary
r- Non h Car lina'Department of Environment and Natural Resources
O i
Alan W. Klimek, P.E. Director
WATER QUALITY SECTION Division of Water Quality
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I. Please enter the permit number for which the change is requested.
} NPDES Permit (or) Certificate of Coverage
t 71n7 0 1 0 10 10 1 8 ! 13i4ait
H. Permit status prior to status change.
a. Permit issued to (company name):
b. Person legally responsible for permit:
c. Facility name (discharge):
Coats American, Inc.
Mike Bell
First / MI / Last
Director Environmental Engineering
Title
PO Box 670
Permit Holder Mailing Address
Toccoa, Georgia 30577
City State Zip
[phone] Ext.�, 2248 [phone]
Phone Fax
Sylvan Plant WWTP
d. Facility address:. 1379.01d Rosman Highway
Address
Brevard, North Carolina 28712
City State Zip
e. Facility contact person: Mike Bell [phone] Ext 2248
First / MI / Last Phone
III. Please provide the following for the requested change (revised permit).
a. Request for change is a result of: Change in ownership of the facility
Name change of the facility or owner
If other please explain: 15S 5143C Co kvq L L L
b. Permit issued to (company name): LSE BAC r A
c. Person legally responsible for permit: 90A) ��yByyfES%�
• First rr/ MI / Last
GG 0
Title
/37g 6)-D 2o5w1A t2 KWV
Permit Holder Mailing Address
BREl/ARD 4r�- .26712
City State Zip
Phone E-mail Address
d. Facility name (discharge): xL�i e+/L �AGkvt�fvt's 2dt�lo
e. Facility address: /:3 7-1 04& .650-- to •ti/ Hwy
Address
City f State Zip
f Facility contact person: JyVI. !� ELI—P- ,/
First / ' MI / Last
Plrone Email Address
f)
Revised 7/2005

PERMIT NAME/OWNERSHIP CHANGE FORM
Page 2 of 2
IV. Permit contact information: (if different from the person legally responsible for the permit)
Permit contact:
Title
%3 %c( O L ►J jo0 S h, ✓q- N
7
None E-mail Address
V. Will the permitted facility continue to conduct the same industrial activities conducted prior to
this ownership or name change?
❑ Yes
%C No (please explain) V; I) 8 z DDatf,5 6'G D i 5CH6126 L W A-)Z V .
VI. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED -IF ITEMS ARE
Z/OMPLETE OR MISSING:
This completed application is required for both name change and/or ownership change requests.
CLegal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill
of sale) is require for an ownership change request. Articles of incorporation are not sufficient for
an ownership change.
......................................................................................................
The certifications below must be completed and signed by both the permit holder prior to the change, and the new
applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification
is sufficient.
PERMITTEE CERTIFICATION (Permit holder prior to ownership change):
I, Mike Bell , attest that this application for a name/ownership
change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required
parts of this application are not completed and that if all required supporting information is not included, this
application package will be returned as incomplete.
I h0S&a,,Q .5-17 -,0
Signature Date
APPLICANT CERTIFICATION:
1, S i ".% kGLLEF `1 , attest that this application for a name/ownership
change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required
parts of this application are not completed and that if all required supporting information is not included, this
applic of package will be returned as incomplete.
1 ✓tom--- K 9 U 0 11-5 //7/Oh
Signature _ Date,
PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO:
Division of Water Quality
Surface Water Protection Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Revised 7/2005

© Book 332 Page 444 `
2006001092
=I= TRANSYLVANIA Co, NC FEE $20.00
!� STATE of NC REAL ESTATE E M
$ 3600.00
aaa .sesa,ssC a �accaaco�
02-03-29 01:12:53 pK
�.. cloytt otntBEY
BY: D AEE SMCALL
_ CVCn MCC ,, or Cams
M DOC 332
PG:444-446
Excise Tax 0600.00
Recording Time, Book and Page
Tax Lot No.: Parcel Identifier No.
Verified by County on the day of 2006
by
Mail after recording to: RAMSEY & PRATT P.A. ONE NORTH GASTON STREET BREVARD NC 28712
This instrument was prepared by: Hadiya C. J. Claxton, Esq., King & Spalding LLP, 191 Peachtree Street, Atlanta, Georgia 30303
Brief description for the Index: 1379 Old Rosman Highway, Brevard, Transylvania Cog , North Carolina
NORTH CAROLINA SPECIAL WARRANTY DEED
THIS DEED made as of this 8 day of February, 2006, by and between
COATS AMERICAN, INC.,
a New Jersey corporation
3430 Torringdon Way, Suite 301
Charlotte, North Carolina 28277
GRANTEE
I 159 BABCOCK COMPANY, LLC,
a New York limited liability company
159 Alexander Street
Yonkers, NY 10701
'The designation Grantor and Grantee as used -herein shall include said parties,, their heirs, successors, and assigns, singular; plural,
masculine, feminine or neuter as required by context.

Book 332 Page 445
WITNF.SSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has
and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated
in Transylvania County, North Carolina, and more particularly described as follows (the `Troperty'):
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN.
TO HAVE AND TO HOLD the Property and all privileges and appurtenances thereto belonging to the Grantee in fee simple.
And Grantor covenants with Grantee, that Grantor is seized of the Property in fee simple, has the right to convey the same in fee
simple, and that Grantor will warrant and defend the title to the Property unto Grantee against the lawful claims of all persons
claiming by, under or through Grantor, except for the exceptions hereinafter stated.
Title to the Property hereinabove described is subject to the following exceptions:
1. Public streets and roads, visual easements, restrictions and rights of way as may be apparent from a visual inspection
of the Property.
2. All matters of survey and recorded plats (including matters that would be revealed by a current, accurate physical
survey or inspection of the Property).
3. All such easements, conditions, reservations, restrictions, rights of way and all other matters of record.
4. Riparian rights incident to the Property. e
5.. Ad valorem taxes for the current year which are not yet due and payable.
IN WITNESS WHEREOF, Grantor has caused this instrument to be signed in its name the day and year first above written.
.GRANTOR
COATS AMERICAN, INC.,
a New Jersey corporation
By: Jon".4i
Name: Nak O)S Q
Title: VICE PRGrtDy&)T'
[USE BLACSINS ONLY]
STATE OF NQRr>f
COUNTY OF AM-C. OP-dAllrP(,.
I,es,* 14 . S7, AV4ef/f , a Notary Public for said County nd State, certify
t mt�oNN�4 R,4MsrRoN�► personally came before me this day and acknowledged that he/she is 1. /N,+
; Tof �co Mcrrican, Inc., a New Jersey corporation, and that by authority duly given and as the act of the corporation, the foregoing
p4kkigned in its name by its 1/ • 1p. �' /NA NCB
hand and official seal this 3 day of February , 2006.
�.It
res: I ' 01 Notary Public

Book 332 Page 446
EXHIBIT "A" TO A DEED FROM COATS AMERICAN, INC., TO 159 BABCOCK
COMPANY, LLC
Being all of that certain tract of land containing 44.76 acres, more or less, as shown on a boundary
survey for 159 Babcock Company, LLC, prepared by Sprinkle Surveying, P.A., Professional Land .
Surveyors, recorded in Plat File 11, Slide 570, Records of Plats for Transylvania County, which
encompasses within its boundaries all of Tract 1 as shown on said plat containing 43.70 acres,
more or less, all of Tract 2 as shown on said plat containing 0.53 acres, n%ore or less, and all of
Tract 3 as shown on said plat containing 0.53 acres, more or less.
There is also conveyed hereby an access road right of way over and along the 25-foot wide strip of
land designated as a "25' Access Road R/W per Plat File 11, Slide 364" on the recorded plat
hereinabove referred to which is more particularly described in a deed from Duke Energy
Corporation to Coats American, Inc., dated August 5, 2005, and recorded in the office of the
Register of Deeds for Transylvania County in Document Book 307, page 685, together with all
rights acquired by Coats American, Inc., under the terms of said right of way deed and subject to
all obligations imposed on Coats American, Inc., under the terms thereof.
Being all of the same land described in the following deeds with the exception of that portion
thereof containing 7.55 acres, more or less, as shown on a plat recorded in Plat File 11, Slide 364,
Records of Plats for Transylvania County, which was conveyed to Duke Energy Corporation in a
deed dated September 14, 2005, and recorded in the office of the Register of Deeds for
Transylvania County in Document Book 307, page 682:
(1) Deed from the State of North Carolina to The American Thread Company, Inc. (now Coats
American, Inc.), dated January 13, 1964, and recorded in Book 151, page 90, Records of Deeds for
Transylvania County.
(2) Deed from Thomas L. Hooper and wife, Katy Hooper, to The American Thread Company,
Incorporated (now Coats American, Inc.), dated January 7, 1964, and recorded in Book 151,
page 86, Records of Deeds for Transylvania County.
(3) Deed from the State of North Carolina to American Thread Company, Inc. (now Coats .
American, Inc.), dated April 7, 1982, and recorded in Book 254, page 834, Records of Deeds for
Transylvania County.
(4) Deed from Transylvania Railroad Company, a North Carolina corporation, to The American
Thread Company, Inc. (now Coats American, Inc.), dated September 10, 1982, and recorded in
Book 256, page 6, Records of Deeds for Transylvania County.
Wanda\Exhibits\Babcock

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AA

W?GSOCC OperatorAasigrraIh)n Form, cont
arilit� ?game• Permft' #:&,,�,.,G ?�
......... ...................................A.......................... l..N.u........... ila..user....i�ua4u............... ................
Back - tip Operator in Responsible Charge (DU ORC)
Print Full Name: K5 r+ We, Em'PA I S
CertiflomU�, Type / Grade I Number: 1 ' �..: Work P 000
3i nature Date: -2/,-,j/ (v
"I o that I #a tom' drsiouton as it Bnok-up Operstor in Respomfble Change for rite &cMt4 nared. I uudummd atad will AN& by the
roles and - mgulstbns pertait ,S % the responsibilities oftbe !)U OR.0 w set forth, fun I SA kk Q$G .0205 and Ming to do so Gal6cesUt hi
DiwipHnary -A--ti&s b3 ft'Wwr Pnitution. COt Irol Sy�nt Operaxgts CerdffiMtion C*Wmission.
•.....l111a.F.-.rill.l...7iltllY.L.ialllYY....lIIiYYY..... i1aY......... laY.-..w........ ..r....................................... L L....a......l.l.t1
Rack -Up ()poratar in Respejuible Charge (BU ORC)
Ptn# Fulante; 1tlpi Lj?anaal: �. 1tYi ► t IJ��� SaG`t . n-elf
Cert iYtcate.'i e / irr$de t l raber 't a�. rk pil me
Dam:
"I aertifl drat I agrFe to ate Slgnation ass Back-up 03 r ,irt Rasponsi* Charge for the ,�cility noted. I tmdemand and wilt abide by the
tiles and xeguladons gertainistg to the, t,"possibi(bCies of t#te Ali-ORC as sex Ibr& in 15A NCAC 08Gi .020R and Wing to do so em rm it InDisaipliyrary Actions bf'the li*aterPpflution Contaol System Opmbwr CUdfjcarion Coo wL,.ior "
..... . �....uu,........I4Y....•M4.......... ..k........... ........aa....t................ I'll ............ Na.4.................
tr...ya.Y4 Ye.
BHck-Up Operator in P.05ponsible �Ch�arge (DU ORC)
Print Full Name:
CertMeate Tyw ; Gmade / Na umber,�( Fork Phone #;
Sigtut�e: late:
"I ccrtiiy that I agw to anr, desigmdon as a Backc up Operator iA Rcsponsib;e Cbiargm mr the Ewutty noted. I utrdettttMd and twill abide by' the
falas and tm&Uhgcons pertafaing to the =ponSt�YAixieS bitluiRC1�ORC as �etsvrth in 13A �fCAC Q8G .t}2Q5 etch �'siIiag.to do so car, result izu
A}soiplinsz} :�ction3� by Water ]Pailution Cot�ol 5s�stem,Operatots Cettiticaticn Gontmtsaian.',
Ir.....4••Yt.....F.•............................ 4......... 44.......... ....Yk.......... .l.i.44 .......... 44♦0.................. 4.4.1ee4.k..........
Back -Up Operator in Responsible Charge (SU ORC)
Prise Full Name: 1 ` r d,Emell' . � � rn �� l bpi e
Cenffic2te 'lope / Grade f?`lurnber. U t U
Signatum-
"I ceriif tisst I aVftID my:, t488i p A9a 94ekUp OpezeDt ilonsapo1eCh= afqc thv faciitry ntwd. I understand axt d will abide iN the
niles and reguialkns permitting m tiro respottslbiwea of the im oRC as set fin* In I SA NCAC 08G .0205 and ffk g m do so can resdr in
Disciiplinar_r A cdom by the T.V&wr Polhiaob Coniml System 0petutiors Certfl'icatian Cornmisgiprt."
Revised 0&2015

u
ELyiii�Ot�FOENAA!'®L0/4liTY
Mr. Jim Kelley
New Excelsior Inc
1379 Old Rosman Hwy
Brevard, NC 28712
Dear Mr. Kelley:
RECEIVED
[Xvision of Water Resources
AUG 2 9 2017
Water Quality Regional Operations
Asheville Regional Office
August 25, 2017
P,0Y-.,C0Q P ER
M1CHAEL' S. [tEGAN
seearty
P. JAY].MMERMAN
D moor
Subject: Payment Acknowledgement
New Excelsior WWTP
Permit NC0000108
Case No. LV-2017-0214
Transylvania County
This letter is to acknowledge receipt of payment in the amount of $366.62 received from you on
08/25/2017. This payment satisfies in full the above civil assessment (s) levied against the subject facility,
and this case has been closed. Payment of this penalty in no way precludes future action by this Division for
additional violations of the applicable Statues, Regulations, or Permits.
If you have any questions, please contact Wren Thedford at 919-807-6397.
Sincerely,
, 5 flu ��J �A
Wren Thedford
cc: Central Files
NPDES
�x
0 y�elle`gs'onal4ffi e

:
Certified Mail # 7015 1520 0003 5463 2886
Return Receipt Requested
February 8, 2017
Jim Kelley
New Excelsior Inc
1379 Old Rosman Hwy
Brevard, NC 28712
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2017-LV-0119
Permit No. NC0000108
New -Excelsior WWTP
Transylvania County
Dear Permittee:
A review of the October 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
003 Effluent BOD, 5-Day (20 Deg. C) - 10/11/2016 45 53.9 Daily Maximum Exceeded
Concentration (C0310)
Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of
Water Resources may pursue enforcement actions for this and any additional violations.
I
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional
Office at 828-296-4500.
Sincerely,
C�C
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
C • UfTQ���i1 v l eI'�R��iR t i�O.ff"cam-nforcemer�;t�F�le
NPDES Compliance/Enforcement Unit - Enforcement n e'
James & James Environmental/ ORC
G:\WR\WQ\Transylvania\Wastewater\Minors\Excelsior 00108\N0V-2017-LV-0119.rtf

Certified Mail # 7015 1520 0003 5463 2756
Return Receipt Requested
February 7, 2017
Jim Kelley
New Excelsior Inc
1379 Old Rosman Hwy
Brevard, NC 28712
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2017-LV-0096
Permit No. NC0000108
New Excelsior WWTP
Transylvania County
Dear Permittee:
A review of the August 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample Limit Reported
Location. Parameter Date Value Value Type of Violation
003 Effluent Solids, Total Suspended - 8/11/2016 45 49.1 Daily Maximum Exceeded
Concentration (C0530)
003 Effluent Solids, Total Suspended - 8/31/2016 30 31 Monthly Average Exceeded
Concentration (C0530)
Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of
Water Resources may pursue enforcement actions for this and any additional violations.
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778 /
828-296-4500

If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional
Office at 828-296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
James & James Environmental/ ORC
G:\WR\WQ\Transylvania\Wastewater\Minors\Excelsior 00108\NOV-2017-LV-0096.rtf

Cantwell, Janet
From: Davidson, Landon.
Sent: Thursday, Ja ry! 26,.2 117 3:08 PM
To: Heim, Tim; Cantwell, Janet
Cc: Boss, Daniel J; Willmer, Mikal
Subject: FW: EMC Assessment of Civil Penalty agains I ew-Exce►sionc./Case 20�16$0169
Attachments: 2017-01-26_Ltr_EMC CPA against New Excelsior, Inc._LV 2016-0169.pdf, 2017-01-26
_EMC CPA Final Decision -New Excelsoir, Inc._LV 2016=169.pdf
Tim/Janet - FYI
Mikal/Dan - the attached documents are the end result of an EMC https://deg.nc.gov/about/divisions/water-
resources/water-resources-commissions/environmental-management-commission
Decision. The facility was issued a CPA for LV. They requested remissions, and therein agreed to the findings of facts.
Their remission request was denied (by us and CO). The appeal process allows them to present before the EMC which
was done. Our CO staff also did a presentation regarding the penalty, John H.
Thanks, just wanted you to be familiar with the end result of that appeal process.
G. Landon Davidson, P.G.
Regional Supervisor - Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ - Division of Water Resources
828 296 4680 office
828 230 4057 mobile
Landon. Davidson(a),ncdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
^Nothing Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Shaw, Denise [mailto:[e-mail]]
Sent: Thursday, January 26, 2017 2:48 PM
To: [e-mail]; [e-mail]; Thomas, Lois <[e-mail]>; Sledge, Bob
<[e-mail]>; Davidson, Landon <[e-mail]>
Cc: Hauser, Jennie <J Hauser@ ncdoj.gov>; Shaw, Denise <[e-mail]>
Subject: EMC Assessment of Civil Penalty against New Excelsior, Inc./Case No. LV 2016-0169
Attached is an electronic copy of the Cover Letter and EMC Final Decision which our office forwarded by US Mail
today. Please let Jennie Hauser know if you have any difficulty opening the attachments. Thank you

STATE OF NORTH CAROLINA
DEPARTMENT OF JLISTICE
JOSH STEIN
ATroRNEY GENERAL
John Reier, Registered Agent
New Excelsior, Inc.
2319 W. English Road
High Point, NC 27262-8055
Re: ssessment ri
Dear Mr. Reier:
P.O. Box 629
RALUGIi, NC 27602
Januat�y 6, 2017
REPLY TO: JENNIE WILHELM HAUSER
ENvIRONMEN'rAL DIVISION
TEu [phone]
FAX: [phone]
[e-mail]
Certified MaiUReturn Receipt Requested
Enclosed is the Final Agency Decision of the Environmental Management Commission
assessing a civil penalty and investigative costs against New Excelsior, Inc. (New Excelsior)
totaling $562.94. According to North Carolina General Statutes § 143-215.5 and § 150B-45,
New Excelsior may seek judicial review of the Commission's decision in the appropriate
Superior Court by filing a petition within 30 days of receipt of the written copy of the Final
Agency Decision. A copy of the judicial review petition must be served on the Commission's
agent for service of process at the following address:
Sam Hayes, General Counsel,
Dept. of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If you choose to file a petition for judicial review, I request that you also serve a copy of
the petition for judicial review on me at the address listed in the letterhead.
If New Excelsior does not appeal the Final Agency Decision, payment must be submitted
to the Department of Environmental Quality within 30 days of receipt of this final agency
decision by mailing a check made payable to the Department of Environmental Quality to
Bob Sledge [Phone [phone]
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you fail to pay the penalty within 30 days of receipt of the final decision document, the
Department will seek to collect the amount due through a civil action commended in Superior
Court.

.4
CERTIFICATE? OF SERVICE,
Thus is to certify'that:I Have this day served a copy of`the foregomg'FINAL DECISION on;
theartics listed below by the methods ind:cated�,`
Jahn Reier,:Registered Agent,
Certed Mail Return Receipt:
New Excelsior, Inc.>
2319 VJ -English'
'H1gh Poini, NC 27262
Jrrn;Kelley -
ResZa�� US.1Ylarl
New .Excelsior, Iric:
I37Old Rossman.Tlwy`
"Brevard,, I�C287`l2
;Juanita James
Regular U S Mct
En�nronrriental .Management, Inc°;,
O Box $,,0
1Vlouritam Horne, C 28758'
B,ab Sledge
Elecn:onically. bob sledge cr ncdetingov
Division of'Water.'Resources
G Landon Davidson
Electt-oncz lly
-:Regional Supervisor
Iandon.davidson(c crr goy -
Asheville Regional Off ce
Tli 's is the�,day Qf Taou , Uzl
JOSH STEIN'
Attorney General; -^
r �' Jennie Wilhelm: Hauser
Special Deputy Attorney General;
N C:, Departmerit, of Justice:
P Q: Box629'.
Raleigh, N.C. 27602,
919/7I6; 6600

Water Resources
ENVIRONMENTAL QUALITY
Mr. Jim Kelley, Operations Manager
New Excelsior, Inc.
1379 Old Rosman Hwy
Brevard, NC 28712
Dear Mr. Kelley:
PAT MCCRORY
4KO Governor
DONALD R. VAN DER VAART
�" e RECEIVED
Secretary
Division
& JAY IMMERMAN
April1, 2 016 Director
APR 18 2Qi6
Water Oualfty. Regional Operations
Me—Vffla Regia; el Office
Subject: Issuance of NPDES Permit NC0000108
New Excelsior, Inc. WWTP, WW-2
1379 Old Rosman Hwy, Brevard 28712
Transylvania County
The Division of Water Resources (the Division) hereby issues the attached NPDES permit for the subject
facility. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1
and the Memorandum of Agreement between North Carolina and the U.S. Environmental'Protection
Agency dated October 15, 2007, or as subsequently amended.
The Division understands that you have made no significant changes to your facility since the last permit
renewal. We have made the following updates to your previous permit:
added parameter codes to Section A. (L)
updated the facility map
the coordinates for the Outfall 003 were adjusted to the following:
Latitude: 350 08' 59" Long itude: 82' 48' 28".
We have made the following updates to since the draft permit.
• updated footnote 1 in Section A. (1.): Starting on December 21, 2016, begin submitting Discharge
Monitoring Reports electronically using NC DWR's eDMR application system. See Special
Condition A. (2.).
• updated Special Condition A. (2.) for electronic reporting of monitoring reports.
Starting December 21, 2016, federal regulations require electronic submittal of all discharge monitoring
reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then
permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The final
NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015.
The requirement to begin reporting discharge monitoring data electronically using the NC` DWR's
Electronic Discharge Monitoring Report (eDMR) internet application has been added to your final
NPDES permit. [See Special Condition A. (2.)]. For information on eDMR, registering for eDMR and
obtaining an eDMR user account, please visit the following web page:
http://deq.ne.gov/about/divisions/water-resources/edmr.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] \ Internet: www.newaterquality.org
An Equal Opportunity \ Affirmative Action Employer — Made in part by recycled paper

Mr. Kelley
April 1, 2016
Page 2 of 2
For more information on EPA's final NPDES Electronic Reporting. Rule, please visit the following we
site:
http://www2.epa:gov/compliance/final-national-pollutant-diseliarge-elimination-s stem npdes electronic
reportm -rule.
If any parts, measurement frequencies, or sampling requirements contained in this permit are
unacceptable, you have the right to an adjudicatory hearing, upon written request submitted within thirty
(30) days after receiving this letter. Your request must take the form of a written petition conforming to
Chapter 150B of North Carolina General Statutes, and you must file it with the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such a demand is
made, this permit shall remain final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division may
require modification or revocation and reissuance of the permit. This permit does not affect the legal
requirements to obtain other permits which may be required by the Division of Water Resources or any
other Federal, State, or Local governmental permits that may be required.
If you have questions, or if we can be of further service, please contact Derek Denard at
[[e-mail]] or call [phone].
espe fully,
S. Jay Zimmerman, P.G., - etor. .
Division of Water Resources, NCDEQ
Enclosure: NPDES Permit NC0000108 (Issuance Final)
he: Central Files
NPDES Program Files
AROFil%ttnan` clon°Dav�iYd_zson
ec: Lori M Galloway, New Excelsior, Inc. [[e-mail]]

NPDES Permit NC0000108
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES)
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended,
New Excelsior, Inc.
is hereby authorized to discharge wastewater from a facility located at the
New Excelsior, Inc.
1379 Old Rosman Hwy, Brevard 28712
Transylvania County
to receiving waters designated as Galloway Creek in the French Broad River Basin, in accordance with
effluent limits, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof.
This permit shall become effective April 1, 2016.
This permit and authorization to discharge shall expire at midnight on September 30, 2020.
Signed this day May 1, 2016.
S. immerman, P.G., Director
Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 6

NPDES Permit NCO
SUPPLEMENT TO PERMIT COVER SHEET
All previous IN DES permits issued to this facility, whether for operation or discharge are hereby
revoked. As of this permit issuance, any previously issued permit bearing this number is no longer
effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the
permit conditions, requirements, terms, and provisions included herein.
New. Excelsior, Inc.
is hereby authorized to:
1. continue to operate an existing 0.015 MGD wastewater treatment system with the following
components;
• aeration basin with dual blowers providing diffused air
• clarifier with sludge return
• tablet chlorinator with contact chamber
• tablet dechlorination
locatedat the New Excelsior, Inc., 1379 Old Rosman Highway, Brevard, Transylvania County,
2. discharge from said treatment works via outfall 003 at the location specified on the attached map
into Galloway Creek [6-8], a waterbody classified C located within Subbasin 04-03-01 [HUC:
0601010501051 of the French Broad River Basin.
Page 2 of 6

NPDES Permit NC0000108
PART I
A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the ' effective date of this permit and lasting until expiration, the
Permittee is authorized to discharge from outfall 003. Such discharges shall be limited, monitored and
reportedl by the Permittee as specified below:
EFFLUENT
CHARACTERISTICS
[Parameter Codes]
"
LIMITS
MONITORING
REQUIREMENTS"
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Location2
Flow (MGD)
50050
0.015 MGD
Weekly
Instantaneous
I or E
90D, 5-day (20°C) (mg/L)
C0310
30.0 mg/L
45.0 mg/L
Weekly
Grab
E
Total Suspended Solids (TSS) (mg/L)
C0530
30.0 mg/L.
45.0 mg/L
Weekly
Grab
E
N113-N (April 1-October 31) (mg/L)
C0610
2 1. 0 mg/L
35.0 mg/L
Weekly
Grab
E
NH3-N (November 1-March 31) (mg/L)
C0610
Weekly
Grab
E
Fecal Coliform (#/100ml) 3
31616
200/100 ml
400/100 ml
Weekly
Grab
E
Total Residual Chlorine (TRC) 4 (µg/L)
50060
28 µg/L 4
2/Week
Grab
E
Temperature (°C)
00010
Weekly
Grab
E
pH (su)
00400
> 6.0 and < 9.0 standard units
Weekly
Grab
E
Footnotes:
1. Starting on December 21, 2016, begin submitting Discharge Monitoring Reports
electronically using NC DWR's eDMR application system. See Special Condition A. (2.).
2. E = Effluent and I = Influent.
3. Fecal Coliform shall be calculated using the geometric mean, according to the procedure detailed in
Part II. Section A.
4. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance
with the permit. However, the Permittee shall continue to record and submit all values reported by
North Carolina certified test methods (including field certified), even if these values fall below 50
µg/L.
Conditions:
• There shall be no discharge of floating solids or foam visible in other than trace amounts.
Page 3 of 6

NPDES Permit NCO(
A. (2.) ELECTRONIC REPORTING OF MONITORING REPORTS
[G.S. 143-215.1(b)]
Federal regulations require electronic submittal of all discharge monitoring reports_ (DMRs) and
program reports and specify that, if a state does not establish a system to receive such submittals, then
permittees must submit monitoring data and reports electronically to the Environmental Protection
Agency (EPA). The final NPDES Electronic Reporting Rule was adopted and became effective on
December 21, 2015.
NOTE: This special condition supplements or supersedes the following sections within Part II of this
permit (Standard Conditions for NPDES Permits):
• Section B. (11.) Signatory Requirements
o Section D. (2.)
• Section D. (6.)
o Section E. (5.)
Reporting
Records Retention
Monitoring Reports
1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)]
Effective December 21, 2016, the permittee shall report discharge monitoring data electronically
using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each month and
submitted electronically using eDMR. The eDMR system allows permitted facilities to enter
monitoring data and submit DMRs electronically using the internet. Until such time that the state's
eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation
(CROMERR), permittees will be required to submit all discharge monitoring data to the state
electronically using eDMR and will be required to complete the eDMR submission by printing,
signing, and submitting one signed original and a copy of the computer printed eDMR to the
following address:
NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the
facility being physically located in an area where less than 10 percent of the households have
broadband access, then a temporary waiver fiom the NPDES electronic reporting requirements may
be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1. 1, 2, 3)
or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the
mailing address above. See "How to Request a Waiver from Electronic Reporting" section below.
Regardless of the submission method, the- first DMR is due on the last day of the month following
the issuance of the permit or in the case of a new facility, on the last day of the month following the
commencement of discharge.
Page 4 of 6

NPDES Permit NC0000108
ng on December 21, 2020, the permittee must electronically report the following compliance
toring data and reports, when applicable:
• Sewer Overflow/Bypass Event Reports;
• Pretreatment Program Annual Reports; and
• Clean Water Act (CWA) Section 316(b) Annual Reports.
The permittee may seek an electronic reporting waiver from the Division (see "How to Request a
Waiver from Electronic Reporting" section below).
2. Electronic Submissions
In accordance with 40 CFR-122.41(1)(9), the permittee must identify the initial recipient at the time
of each electronic submission. The permittee should use the EPA's website resources to identify
the initial recipient for the electronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity
(EPA or the state authorized by EPA to implement the NPDES program) that is the designated
entity for receiving electronic NPDES data [see 40 CFR 127.2(b)].
EPA plans to establish a website that will also link to the appropriate electronic reporting tool for
each type of electronic submission and for each state. Instructions on how to access and use the
appropriate electronic reporting tool will be available as well. Information on EPA's NPDES
Electronic Reporting Rule is found at: http://www2.epa.gov/compliance/fmal-national-pollutant-
discharge-elimination-system-nodes-electronic-reporting-rule.
Electronic submissions must start by the dates listed in the "Reporting Requirements" section
above.
3. How to Request a Waiver from Electronic Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an
electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to
the Division. Requests for temporary electronic reporting waivers must be submitted in writing to
the Division for written approval at least sixty (60) days prior to the date the facility would be
required under this permit to begin submitting monitoring data and reports. The duration of a
temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring
data and reports shall be submitted electronically to the Division unless the permittee re -applies for
and is granted a new temporary electronic reporting waiver by the Division. Approved electronic
reporting waivers are not transferrable. Only permittees with an approved reporting waiver request
may submit monitoring data and reports on paper to the Division for the period that the approved
reporting waiver request is effective. .
Information on eDMR and the application for a temporary electronic reporting waiver are found on
the following web page:
Page 5 of 6

NPDES Pori -nit NCO
littp://deg.ne.gov/about/divisiolis/water-resources/edmr
4. minatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B (11) (d)1
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part
11, Section B. (I 1.)(a) or by a duly authorized representative of that person as described in Part 11,
Section B. (1 l.)(b). A person, and not a position, must be delegated signatory authority for eDMR
reporting purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user
account and login credentials to access the eDMR system. For more information on North
Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit
the following web page:
1-ittp:Hdeg.ne.gov/about/divisions/water-resources/edmr
Certification. Any person submitting an -electronic DMR using the state's eDMR system shall
make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF
CERTIFICATION WILL BE ACCEPTED:
U certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility offines and imprisonment for knowing violations. "
5. Records Retention [Supplements Section D. (6.)]
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions.
These records or copies shall be maintained for a period of at least 3 years from the date of the report. This
period may be extended by request of the Director at any time [40 CFR 122.41].
Page 6 of 6

New Excelsior, Inc.
1379 Old Rosman Hwy, Brevard 28712
Receiving Stream:
Galloway Creek
Stream Class: C
Stream Segment:
6-8
Sub -Basin:
04-03-01
Drainage Basin:
French Broad
HUC:
060101050105
Latitude:
35' 08' 59"
Longitude:
82' 48' 28"
State Grid/USGS Ouad:
G7NE / Rosman, NC
Scale:
1:24,000
LL42
Not to Scale
rTransylvania County
7-

NPDES Permit Standard Conditions
Page 1 of 18
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be
representative of the wastewater discharged during the sample period.
3/Week
Samples are collected three times per week on three separate calendar days. These samples shall be representative of
the wastewater discharged during the sample period.
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et.
seq.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal
coliform, the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system, which is
not a designed or established or operating mode for the facility.
Calendar Day
The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods: January through March, April through June, July through September, and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval
between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite
samples may be obtained by the following methods:
(1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period
of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection, or
(3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with
the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow
measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the
preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at
the treatment system, or
e-
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NPDES Permit Standard Cond
Page 2
(4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a
constant time interval. Use of this method requires prior approval by the Director. This method may only be
used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply:
➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
➢ Influent samples shall not be collected more than once per hour.
➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab
samples at intervals of no greater than 20 minutes apart during any 24-hour period.
➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent
grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling
period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the
"daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also
"Composite Sample," above.)
Daily Maximum
The highest "daily discharge" during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations
prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that
requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWR or "the Division"
The Division of Water Resources, Department of Environment and Natural Resources.
Effluent
Wastewater discharged following all treatment processes from a water pollution control facility or other point source
whether treated or untreated.
EMC
The North Carolina Environmental Management Commission
EPA
The United States Environmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this
permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N = the number of individual values. For purposes of
calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1.
Grab Sample
Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream
samples).
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NPDES Permit Standard Conditions
Page 3 of 18
Substance
ince designated under 40 CFR Part 116 pursuant to Section 311 of the CWA.
instantaneous flow measurement
The flow measured during the minimum time required for the flow measuring device or method to produce a result in
that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab
samples required for the same sampling period so that together the samples and flow are representative of the discharge
during that sampling period.
Monthly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal
coliform or other bacterial parameters or indicators, the geometric mean of such discharges.
Permit Issuing Authority_
The Director of the Division of Water Resources.
Quarterly Average (concentration limit)
The arithmetic mean of all samples taken over a calendar quarter.
Severe property damage
Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or
substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1) of the CWA.
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by
operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
Weekly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal
coliform or other bacterial parameters or indicators, the geometric mean of such discharges.
Section B. General Conditions
1. Duty to Comply
The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of
the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or
modification; or denial of a permit renewal application [40 CFR 122.41].
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or
standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the
requirement.
b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or
any permit condition or limitation implementing any such sections in a permit issued under section 402, or any
requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is
subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR
122.41(a)(2)]
c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of
the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402
of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or
402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
Version 1110912011.1

NPDES Permit Standard Conc
Page 4
imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent
violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by
imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]
d. Any person who knowingly violates such sections, or such conditions or limitation_ s is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the
case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both.
[33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and
who knows at that time that he thereby places another person in imminent danger of death or serious bodily
injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than
15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a
person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or
both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating
the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to
$2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)]
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North
Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections
in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to
exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the
violation continues, with the maximum amount of any Class 11 penalty not to exceed $177,500. [33 USC
1319(g)(2) and 40 CFR 122.41(a)(3)]
2. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122.41(d)].
Civil and Criminal Liability
Except as provided in permit conditions on 'Bypassing" (Part II.C.4), "Upsets" (Part II.C.5) and "Power Failures"
(Part H.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities,
or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC
1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the
responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee
from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-
215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive
privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any
infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)].
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
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NPDES Permit Standard Conditions
Page 5 of 18
Nity
-ovisions of this permit are severable. If any provision of this permit, or the application of any provision of
.rmit to any circumstances, is held invalid, the application of such provision to other circumstances, and the
remainder of this permit, shall not be affected thereby [NCGS 15013-23].
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit
Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)].
9. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the
Permittee must apply for and obtain a new permit [40 CFR 122.41(b)].
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to
discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required
by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a
later date has been granted by the Director. (The Director shall not grant permission for applications to be
submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not
requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the
expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to
enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Si ng atoryReguirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40
CFR 122.41(k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge
of a principal business function, or any other person who performs similar policy or decision making
functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating
facilities, provided, the manager is authorized to make management decisions which govern the operation
of the regulated facility including having the explicit or implicit duty of making major capital investment
recommendations, and initiating and directing other comprehensive measures to assure long term
environmental compliance with environmental laws and regulations; the manager can ensure that the
necessary systems are established or actions taken to gather complete and accurate information for permit
application requirements; and where authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures .
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or
ranking elected official [40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the overall operation
of the regulated facility or activity, such as the position of plant manager, operator of a well or well field,
superintendent, a position of equivalent responsibility, or an individual or position having overall
responsibility for environmental matters for the company. (A duly authorized representative may thus be
either a named individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]
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c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because
a different individual or position has responsibility for the overall operation of the facility, a new authorization
satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or
together with any reports, information, or applications to be signed by an authorized representative [40 CFR
122.22]
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following
certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
7 certify, under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fines and imprisonment for knowing violations. "
12. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the
Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes
or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)].
13. Permit Modification, Revocation and Reissuance, or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit,
revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al.
14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2)
may cause this Division to initiate action to revoke the permit.
Section C. Operation and Maintenance of Pollution Controls
1. Certified Operator
Owners of classified water pollution control systems must designate operators, certified by the Water Pollution
Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the
system, and, for each classification must [T15A NCAC 08G .0201]:
a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at
least equivalent to the type and grade of the system;
b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid
certificate of the type of the system and no more than one grade less than the grade of the system, with the
exception of no backup operator in responsible charge is required for systems whose minimum visitation
requirements are twice per year; and
c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission
(or to the local health department for owners of subsurface systems) countersigned by the designated certified
operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible
Charge (Back-up ORC):
(1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or
(2) within 120 calendar days following:
➢ receiving notification of a change in the classification of the system requiring the designation of a new
Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC)
of the proper type and grade; or
➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in
Responsible Charge (Back-up ORC).
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3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating
at least one of the responsibilities.
I M, JRC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least weekly
➢ Comply with all other conditions of 15A NCAC 08G .0204.
The ORC of each Class H, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least five days per week, excluding holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 08G .0204.
Proper Operation and Maintenance
The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control
(and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions
of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only
when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance
of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a
member of the Permittee's staff.
3. . Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this pen -nit [40 CFR 122.41(c)].
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)]
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Paragraphs b. and c. of this section.
b. Notice [40 CFR 122.41(m)(3)]
(1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice,
if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality
and effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part
II.E.6. (24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system -wide collection system
permit associated with the treatment facility.
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(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse e
the Permit Issuing Authority determines that it will meet the three conditions listed above in Par
(1) of this section.
5. Upsets
a. Effect of an upset [40 CFR 122.41(n)(2)1: An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of
this condition are met. No determination made during administrative review of claims that noncompliance was
caused by upset, and before an action for noncompliance, is final administrative action subject to judicial
review.
b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative
defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant
evidence that:
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset;
(2) The Permittee facility was at the time being properly operated; and
(3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit.
(4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit.
c. Burden of proof [40 CFR 122.41(n)(4)1: The Permittee seeking to establish the occurrence of an upset has
the burden of proof in any enforcement proceeding.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States except as permitted
by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the
disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR
Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To
Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal practices.
7. Power Failures
The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 021-1.0124) to
prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means
of alternate power sources, standby generators or retention of inadequately treated effluent.
Section D. Monitoring and Records
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge.
Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the
discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this
permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of
water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit
Issuing Authority [40 CFR 122.410)].
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a
monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the
Director, postmarked no later than the last calendar day of the month following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new
facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these,
and all other reports required herein, shall be submitted to the following address:
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NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of
this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's
Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information
regarding laboratory certifications.
Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field
parameter laboratory certifications.
Test procedures for the analysis of pollutants shall conform to the,EMC regulations (published pursuant to NCGS
143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section
304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal,
approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been
specified in this permit [40 CFR 122.411.
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection
and reporting levels that are below the permit discharge requirements and all data generated must be reported down
to the minimum detection or lower reporting level of the procedure. If no approved methods are determined
capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most
sensitive (method with the lowest possible detection and reporting level) approved method must be used.
Penalties for Tampering
The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring
device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not
more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years,
or both [40 CFR 122.41].
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use
and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR
503), the Permittee shall retain records of all monitoring information, including:
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time [40 CFR
122.41].
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Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the Pennittee shall re
following information [40 CFR 122.411:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
8. Inspection and Entry
The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as
a representative of the Director), upon the presentation of credentials and other documents as may be required by
law, to;
a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices,
or operations regulated or required under this pen -nit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)].
Section E Reporting Requirements
1. Change in Discharge
All discharges authorized herein shall be consistent with the terns and conditions of this permit. The discharge of
any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute
a violation of the permit.
2. Planned Changes
The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions
to the permitted facility [40 CFR 122.41(1)]. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
122.29(b); or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR 122.42(a)(1); or
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and
such alteration, addition or change may justify the application of permit conditions that are different from or
absent in the existing permit, including notification of additional use or disposal sites not reported during the
permit application process or not reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other
activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)].
4. Transfers
This permit is not transferable to any person without prior written notice to and approval from the Director in
accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in
particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or
a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary
under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute.
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oring Reports
oring results shall be reported at the intervals specified elsewhere in this pen -nit [40 CFR 122.41(1)(4)].
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures
approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate
instrument goveming the discharge, the results of such monitoring shall be included in the calculation and
reporting of the data submitted on the DMR.
6. Twenty-four Hour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public health or the environment. Any information shall be provided orally within 24
hours from the time the Permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission
shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact
dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40
CFR 122.41(1)(6)].
b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at [phone], [phone] or [phone].
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the
time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit
[40 CFR 122.41(1)(7)].
Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted
incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or
information [40 CFR 122.41(1)(8)].
9. Noncompliance Notification
The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division
as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first
knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge
digester; the known passage of a slug of hazardous substance through the facility; or any other unusual
circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all
or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices
of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any
false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-
215.1(b)(2) or in Section.309 of the Federal Act.
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11. Penalties for Falsification of Reports
The CWA provides that any person who knowingly makes any false statement, representation, or certification in
any record or other document submitted or required to be maintained under this permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than
$25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41].
12. Annual Performance Reports
Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have
an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing
Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the
performance of the collection or treatment system, as well as the extent to which- the facility was compliant with
applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no
later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for
evaluation.
The report shall be sent to:
NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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PART III
OTHER REQUIREMENTS
Section A. Construction
a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment
capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an
Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements
under Item b. of this Section.
b. In accordance with NCGS 143-215. 1 (a5) [SL 2011-394], no permit shall be required to enter into a contract for the
construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any
treatment works or disposal system within the State when the system's or work's principle function is to conduct,
treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and
the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the
industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the
discharge may be modified if required by federal regulation.
c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been
submitted by the Permittee and approved by the Division.
Section S. Groundwater Monitoring
The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to
determine the compliance of this NPDES permitted facility with the current groundwater standards.
Section C. Chan1jes in Discharges of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42):
a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of
any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following
"notification levels';
(1) One hundred micrograms per liter (100 µg/L);
(2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter
(500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for
antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application.
b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent
basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the
following "notification levels";
(1) Five hundred micrograms per liter (500 µg/L);
(2) One milligram per liter (1 mg/L) for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered
by this permit. The Division may require specific measures during deactivation of the system to prevent adverse
impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the
permitted facility.
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PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)]
Interference
Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which
causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the
Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in
compliance with specified applicable State and Federal statutes, regulations, or permits. [I5A NCAC 02H
.0903(b)(14)]
Pass Through
A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with
discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of
the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge
permit. [15A NCAC 02H .0903(b)(23)]
Publicly Owned Treatment Works (POTW)
A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization.
This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T
.0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government
organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges
to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW
treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of
POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)]
"Significant Industrial User" or "SIU"
An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .
.0903(b)(33)]:
1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary,
noncontact cooling and boiler blowdown wastewaters); or
2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted
flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS
and ammonia; or
3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or
4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent
limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options;
5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting
the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and
conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a
Significant Industrial User (SIU); or
6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting
the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a
non -significant categorical Industrial User.
Section B. Publicly Owned Treatment Works (POTWs)
Version 1110912011.1

2.
NPDES Permit Standard Conditions
Page 15 of 18
's must provide adequate notice to the Director of the following [40 CFR 122.42(b)]:
ew introduction of pollutants into the POTW from an indirect discharger, regardless of the means of
transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants;
and
Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as
influent to that POTW at the time of issuance of the permit.
For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent
introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or
quality of effluent to be discharged from the POTW.
Section C. Municipal Control of Pollutants from Industrial Users.
1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users
discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information
becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent
limitations for any or all of such other pollutants in accordance with best practicable technology or water quality
standards.
2. Prohibited Discharges
a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the
introduction of pollutants or discharges into the waste treatment system or waste collection system which
cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40
CFR 403.5(a)(1)]
b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the
introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]:
(1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade
using the test methods specified in 40 CFR 261.21;
(2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower
than 5.0, unless the works is specifically designed to accommodate such discharges;
(3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in
Interference;
(4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate
and/or pollutant concentration which will cause Interference with the POTW;
(5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no
case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F)
unless the Division, upon request of the POTW, approves alternate temperature limits;
(6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause
Interference or Pass Through;
(7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that
may cause acute worker health and safety problems; or
(8) Any trucked or hauled pollutants, except at discharge points designated by the POTW.
c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other
unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or
the operation of the POTW.
The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office.
Any information shall be provided orally within 24 hours from the time the Permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the Pernttee becomes
aware of the circumstances. The written submission shall contain a description of the discharge; the
investigation into possible sources; the period of the discharge, including exact dates and times; if the
discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance,
Version 1110912011.1

NPDES .Permit Standard
Pa
NC DENR / Division of Water Resources / Water Quality Permitting Section
Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
These reports shall be submitted by March 1 of each year and shall contain the following:
a. Narrative
A narrative summary, detailing actions taken, or proposed, by the Permittee to correct significant non-
compliance and to ensure compliance with :pretreatment requirements;
b. Pretreatment Program Summary (PPS)
A pretreatment program summary (PPS) on forms or in a formatprovided by the Division;
c Significant Non -Compliance Report (SNCR)
A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the
nature of the violations on forms or in a format provided by the Division;
d. Industrial Data Summary Forms (IDSF)
Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These
analytical results must be reported on Industrial Data. Summary Forms (IDSF) or on other forms or in a format
provided by the Division;
e. Other Information
Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of
IUs in SNC, a summary of data or other information related to significant noncompliance determinations for
IUs that are not considered S1Us, and any other information, upon request, which in the opinion of the Director
is needed to determine compliance with the pretreatment implementation requirements of this permit;
11. Public Notice
The Permittee shall publish annually a list of industrial Users (IUs) that were in significant noncompliance (SNC).
asdefined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements
and standards during the previous twelve month period. This list shall be published within four months of the
applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR
403.8(f)(2)(viii)]
12. Record Keeping
Thee Permittee shall retain for a minimum of three years records of monitoring activities and results, along with
support information including general records, water quality records, and records of industrial impact on the
POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A.
NCAC 02H .0908(f); 40 CFR 403.12(o)]
13. Pretreatment Program Resources
The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved
pre-treatment program. and retain a. written description of those current levels of inspection. [15A NCAC 02H
.0906(b)(9) and (1'0) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)]
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW
monitoring of their' Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a
permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907.
Version 1110912011.1

PAT MCCRORY
Governor
DONALD R. VAN DER VAART
WaterResources
ENVIRONMENTAL QUALITY
October 5, 2016
CERTIFIED MAIL 7013 2630 0001 8998 4506
RETURN RECEIPT REQUESTED
Mr. Jim Kelley, Operations Manager
New Excelsior, Inc.
1379 Old Rosman Highway
Brevard, NC 28712
Subject: Remission Request of Civil Penalty Assessment
NPDES Permit Number NC0000108
New Excelsior, Inc. WWTP
Transylvania County
Case Number LV-2016-0169
Dear Mr. Kelley:
Secretary
S. JAY ZIMMERMAN
Director
In accordance with North Carolina General Statute 143-215.6A(f), and delegation from the Director of
the North Carolina Division of Water Resources, John E. Hennessy, supervisor of the Water Quality
Permitting Section's Compliance and Expedited Permitting Unit, considered the information you
submitted in support of your request for remission and did not find grounds to modify the civil penalty
assessment of $562.94. A copy of the remission decision is attached.
Two options are available to you at this stage of the remission process:
You may pay the penalty.
If you decide to pay the penalty please make your check payable to the Department of Environment
and Natural Resources (DENR). Send the payment within thirty (30) calendar days of your receipt of
this letter to the attention of:
Bob Sledge
NC DEQ-DWR — Wastewater Branch
Compliance & Expedited Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
State of North Carolina I Environmental Quality I Water Resour+
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000
RECEIVED -
fJivfsion of Wafer Resources
'OCT 10 2011
Water Ouallty Regional Operatlorfa
Asheville Renional Office

Mr. Jim Kelley
LV-2016-0169 Remission Decision
p. 2
You may decide to have the Environmental Management Commission's (EMC) Committee on
Civil Penalty Remissions make the final decision on your remission request.
If payment is not received within 30 calendar days from your receipt of this letter, your request for
remission with supporting documents and the recommendation of the North Carolina Division of
Water Resources will be delivered to the Committee on Civil Penalty Remissions for final agency
decision.
If you or your representative would like to speak before the Committee, you must complete and return
the attached Request for Oral Presentation Form within thirty (30) calendar days of receipt of this
letter. Send the completed form to:
Bob Sledge
NC DEQ-DWR — Wastewater Branch
Compliance & Expedited Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The EMC Chairman will review the supporting documents and your request for an oral presentation (if
you make the request). If the Chairman determines that there is a compelling reason to require a
presentation, you will be notified of when and where you should appear. If a presentation is not
required, the final decision will be based upon the written record.
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission
decision based on the original assessment amount. Therefore, the EMC may choose to uphold
the original penalty amount and offer no remission, they may agree with the Division of Water
Resources' remission recommendation detailed above, or the penalty amount may be further
remitted.
Thank you for your cooperation in this matter. If you have any questions, please contact me at (919)
807-6479, or via e-mail at [e-mail].
Sincerely,
Meredith Wojcik, Environmental Specialist
Compliance & Expedited Permitting Unit
Division of Water Resources
Attachments., W; :
cc: Nhevll`e'go�1ffce, DWRLUVater,Quality:RegionalOeratons�
lEnfor'cement File
DWR Central Files q

e Number:
essed Entity:
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
LV-2016-0169 Region: Asheville County: Transylvania
New Excelsior, Inc. WWTP Permit: NC0000108
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
® (c) Whether the violation was inadvertent or a result of an accident:
The facility's agent states the WWTP received significant flow due to torrential rains, including additional flow
from the parking lot and down spouts. They state this storm water brings excess oils to the facility, and that
these oils add weight to the effluent. They attribute the total suspended solids exceedances to this occurrence.
Although precipitation data from the area indicate some rainfall, the volume of rainfall was not excessive.
Furthermore, there was little to no rain for the latter half of the month, when two daily maximum exceedances
were reported. If there is stormwater entering the wastewater stream, it is the permittee's. responsibility to
correct the issue and restore compliance.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
DECISION.(Check One)
Request Denied
Full Remission 9 Retain Enforcement Costs? Yes ❑ No ❑
Partial Remission ❑ $ (Enter Amount)
ohn E. Hennessy Date
rev 1.0 — 8.31.09

STATE OF NORTH CAROLINA
COUNTY OF TRANSYLVANIA
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
NEW EXCELSIOR, INC.
ENVIRONMENTAL MANAGEMENT
COMMISSION
DWR Case Number LV-2016-0169
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty
Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or
denied.
• Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh,
North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original remission request, and because
no factual issues are in dispute, my presentation will be limited to five (5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to lawyers who .are active members of the bar. Proceedings before the Committee on
Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's
opinion and whether anyone will be speaking in'a representative capacity for you or a business or governmental entity. If you or your
representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of
this letter.
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may
proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics Opinion 3.
• If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee,
then you do not need legal representation before the Committee; however, if you intend on having another individual speak
on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the
meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law.
• If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the
Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law
without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form
and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations,
partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
law.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee
is informed that a potential violation of the statute concerning the authorized practice of law has occurred.
This the day of , 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

cy,
��14')Ff�O,ld?d€�i`iAi 4dltl�kfY;
Certified Mail # 7012 1010 0002 1965 6157
Return Receipt Requested
June 9, 2016
Jim Kelley
New Excelsior Inc
1379 Old Rosman Hwy
Brevard, NC 28712
SUBJECT: . NOTICE OF VIOLATION
Tracking Number: NOV-2016-LV-0318
Permit No. NC0000108
New Excelsior WWTP
Transylvania County
Dear Permittee:
A review of the January 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
003 Effluent Solids, Total Suspended - 1/31/2016 30 33.33 Monthly Average Exceeded
Concentration (C0530)
Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of
Water Resources may pursue enforcement actions for this and any additional violations.
It was also noted that the Compliance reference on the back of the eDMR was marked "Compliant" when in fact
it should have been marked "Non -Compliant".
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
�4 828-296-4500

If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional
Office at 828-296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Cc:_ --WV S_Asheville-Regional-Office == E_ nfor_cement: File-
NPDES Compliance/Enforcement Unit - Enforcement File
James & James Environmental/ ORC
G:\WR\WQ\Transylvania\Wastewater\Minors\Excelsior 00108\NOV-2016-LV-0318.rtf

April 14, 2016
Jim Kelley
New Excelsior Inc
1379 Old Rosman Hwy
Brevard, NC 28712
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2016-LV-0212
Permit No. NC0000108
New Excelsior WWTP
Transylvania County
, Dear Permittee:
A review of the December 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value. Value Type of Violation
003 Effluent BOD, 5-Day (20 Deg. C) - 12/22/2015 45 47.7 Daily Maximum Exceeded
Concentration (C0310)
Remedial actions, if not already implemented,.should be taken to correct any noted problems. The Division of
Water Resources may pursue enforcement actions for this and any additional violations.
It was also noted that the .Compliance reference on the back of the eDMR was marked "Compliant" when in fact
it should have been marked "Non -Compliant".
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional
Office at 828-296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Cc: w-.WQS�Asheville Regional -Office -Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
James & James Environmental/ ORC
G:\VJR\WQ\Transylvania\4Vastewater\Minors\Excelsior 00106\N0V-2016-LV-0212.rtf

�rdti''[R4WM�ttTAi [tiPAt:t`rM
Certified Mail # 7014 0510 0000 4466 9656
Return Receipt Requested
March 21, 2016
Jim Kelley
New Excelsior Inc
1379 Old Rosman Hwy
Brevard, NC 28712
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2016-LV-0154
Permit No. NC0000108
Excelsior Packaging Group WWTP
Transylvania County
Dear Permittee:
Gc�SEfif0�7
DItT�LI:� R: 'v I�ER�w rLI T
Dt�ech�.�
A review of the November 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
003 Effluent Solids, Total Suspended - 11/4/2015 45 56.2 Daily Maximum Exceeded
Concentration (C0530)
It was also noted that the Compliance Box on the back of the DMR was marked "Compliant" when in fact
it should have been marked "Non -Compliant" with an explanation for the violation.
Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of
Water Resources may pursue enforcement actions for this and any additional violations.
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500
a

t
If you have any questions concerning this matter or to apply for an SOC, please contact Janet Cantwel
Asheville Regional Office at 828-296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Cc: * WWQS!`As�ev lle-Regional-effcet=Enforcement File °
NPDES Compliance/Enforcement Unit - Enforcement File
James & James Environmental/ ORC
G: \`tJR\WQ\Transylvania\Wastewater\Minors\Excelsior 00108\N10V-2016-LV-015 F.rtf

r-7 r— PAT MCCRORY
J
Li
Governor
L___j
DONALD R. VAN DER VAART
Secretary
WaterResources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY
Director
Mr. Jim Kelley
New Excelsior Inc.
1379 Old Rosman Highway
Brevard, North Carolina 28712
December 16, 2015
Subject: NOTICE OF VIOLATION
NOV-2015-LV-0788
Permit No. NC0000108
Excelsior Packaging Group WWTP
Transylvania County
Dear Mr. Kelley:
A review of Excelsior Packaging Group's monitoring report for August 2015 showed the
following violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
I
Coliform, Fecal MF, M-FC
Broth,44.5C
08/20/2015
400.00 #/100ml
600.00 #/100ml
Daily Maximum
Exceeded
o
Remedial actions, if not already implemented, should be taken to correct any problem.
Since the comments section on the reverse of the relevant DMR provided an adequate
explanation for the subject violation, it'is not requested that a response be submitted.
The Division of Water Resources may pursue enforcement action for this and any r
additional violations of State law. If you should have any questions, please do not hesitate
to contact Janet Cantwell or me at 828/296-4500.
Sincerely,
G. Landon Davidson, -P.G., Regional Supervisor
Water Quality Regional Operations, NCDEQ
Asheville Regional Office
Wlls`c�'VVQTAsli—eVille-Fil—e'��
MSC 1617-Central Files -Basement
James & James Environmental/ ORC
G:\WR\WQ1Transylvenia\Waste+rraterWinors\Excelsior 001081NOV-2015-LV-0788.docx
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. Highway 70, Swaunanoa, North Carolina 28778
828-296-4500

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............................................................ .......
JAMES & JAMES
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PAGE 09/09
Permit #:/ c 0 d60 l 0 $'
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l Tom- Work Phone #: ) (PI 9- 00 3
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or in Responsible Charge for the fewility rioted, I understand and will abide by the
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WPiCS
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NCAC UA 8G .0201
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. Ctntipiy:
SUBMIT A SEPARATE FORM FOR EACH TYPE OF SYSTEM
paeility Type &tirade: , � — Gnade
Bio]ogical WWTP @�i 1�� .- Surface Irrigation _—
Physical/Chenucal
Land .Application _ 141A
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operator In Ptegwnslble Cisarge (OAQ
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it�('r - 1 2f V�orl<phone#:
� Date: -/
Sipatul'e: and will abide by tht:
"I cxstity that I agree to rgVy'�allon ae pperntor 6t ►tc6poitsible CiterBG for the facility noted- I tsr►fterstand
rules and regulations to my mt$ to the reaPonsibilities of the ORC 86 set forth in 1 SA, NCAC 08O.0?04 attd failing W do so can result in
Discipliony AWM by the Water 1Poiludan Control 5,ystem Operators Certif cation Cowniseion:'
....................................
.Battik -UP Operator in RespoWble CbSW M" ORC)
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the rules ad regulations pertaining to the w%on n Certification Commission:'
msult io DiwJPli=Y Actions by tlu Water Pollution Control 3ysterrt (iperato
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1618 MA Service Ceruter
jWeigh, NC 21699-1618
JF..- 919n33-i338
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Revised 8-2007

Permit Number:
NC0000108
Permit Type:
Discharging 100% Domestic < 1MGD
Facility Name:
Excelsior Packaging GrouQ
Facility Addressl:
1379 Old Rosman Hwv
Facility Address2:
City, State & Zip:
Rosman, NC 28772
Operator Name Role Cert Tyne
—
Cert Status
Active �'
Cert #
1001233
Effective D;
,_.
Danielle Ann Hunter Backup WW-2
Active
23477
8/8/2013
Davis Allen James Backup WW-2
Active
997463
8/8/2013
Harry Dewain James Backup WW-2
Active
10430
8/8/2013
Juanita Reed James Backup WW-3. Active 24074 1/28/2015
Timothy Dewain James Backup WW-1 Active 995375 10/16/2014
Robert Gross Rowe Backup WW-2 Active 999739 10/16/2014
Kenneth Jason Rummel Backup WW-2 Active 994182 10/16/2014
8/10/2015 Page 2

North Carolina Department of Environment and Natural Resources
Division of Water Resources
Permit Number: NC0000108
Permit Type: Discharging 100% Domestic < 1MGD
Facility Name: Excelsior Packaging Group
Facility Addressl: 1379 Old Rosman Hwv
Facility Address2:
City, State & Zip: Rosman, NC 28772
Owner Information Details:
Owner Name: New Excelsior Inc
Owner Type: Non -Government Owner Type Group: Organization
Owner Affiliation:
Addressl:
Address2:
City, State & Zip:
Work Phone:
Email Address:
Jim Kelley
1379 Old Rosman Hwy
Brevard, NC 28712
828-885-2929
Title:
Fax: [phone]
(9uvnr°�ontatt Pert®nos)-
Contact Name Title Address Phone Fax Email
Contact Name Title Address Phone Fax Email
Jim Kelley PO Box 458, Rosman, NC 28772 828-862-4215
Permit'Billing`Co¢atact�arson(s}" M
Contact Name Title Address Phone Fax Email
Jim Kelley 1379 Old Rosman Hwy, Brevard, NC 828-885-2929 828-884-6121
28712
ter—
Piraons with°Si ator Atith®city
Type Contact Name Title Address Phone Fax Email
Permit Juanita James 828-674-8171
Permit Lori Galloway 1379 Old Hwy, Brevard, NC 828-885-2929
28712
3/10/2015 Page 1

08/09/2013 09:56AM 8286970065 JAMES & JAMES ^
RECEI
Watfr ponl#an CgWml Sys Operator Des ion
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4
GIY;, A
NC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Jim Kelley
New Excelsior, Inc.
1379 Old Rosman Hwy
Brevard, NC 28712
Dear Mr. Kelley:
Donald R. van der Vaart
Secretary
February 10, 2015
Subject: Acknowledgement of Pen -nit Renewal
Permit NC0000108
Transylvania County
The NPDES Unit received your permit renewal application on February 09, 2015. A member of the
NPDES Unit will review your application. They will contact you if additional information is required to
complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days
before your existing permit expires.
If you have any additional questions concerning renewal of the subject permit, please contact Charles
Weaver (9"19) 807-6391.
Sincerely,
W ye w Tkz fo-ra�
Wren Thedford
Wastewater Branch
cc: Central Files
�Aeshevt�ble Regional'Qf%zee��
NPDES Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] Fax: [phone]Customer Service: 1-877-623-6748
Internet:: www.ncwater.orq
Division of Water Resources
FEB 1 9 2015
Water Quality Regional operations
Asheville Regional OMce
An Equal OpportunitylAf mnative Action Employer

NPDES APPLICATION - FORM D
vately-owned treatment systems treating 100% domestic wastewaters <1.0 MGD
Mail the complete application to:
N. C. DENR / Division of Water Quality / NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
NPDES Permit 000000108
If you are completing this form in computer use the TAB key or the up - down arrows to move from one
field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type.
1. Contact Information:
Owner Name
Facility Name
Mailing Address
City
State / Zip Code
Telephone Number
Fax Number
e-mail Address
New Excelsior, Inc.
New Excelsior, Inc.
1379 Old Rosman Hwy
Brevard
NC 28712
828-885-2929
828-884-6121
[e-mail]
2. Location of facility producing discharge:
Check here if same address as above X
Street Address or State Road
City
State / Zip Code
County Transylvania
REC lVED
FEB 1 9 2015
r Quality Regional Operations
Asheville Regional Office
3. Operator Information:
Name of the firm, public organization or other entity that operates the facility. (Note that this is not
referring to the Operator in Responsible Charge or ORC)
Name New Excelsior, Inc.
Mailing Address 1379 Old Rosman Hwy
City Brevard
State / Zip Code NC 28712
Telephone Number 828-885-2929
Fax Number 828-884-6121
e-mail Address [e-mail]
1 of 3 Form-D 11/12

NPDES APPLICATION - FORM D
ivately-owned treatment systems treating 100% domestic wastewaters <1.0 MGD
ion of wastewater:
3enerating Wastewater(check all that applyr
Industrial X
Number of Employees 65
Commercial
Number of Employees
Residential
Number of Homes
School
Number of Students/Staff
Other
_
Explain: Nursing Home
r: D
Division of VVaier Resources
FE-B 1 9 201�
Water Quality Regional Operations
Asheviile P5Qi0nul 0 ice
Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers,
restaurants, etc.):
Packaging plant
Number of persons served: 65
S. Type of collection system
X Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer)
6. Outfall Information:
Number of separate discharge points 1
Outfall Identification number(s) 003
Is the outfall equipped with a diffuser? ❑ Yes No
7. Name of receiving stream(s) ( W gMZiearets: Provide a map showing the exact location of each
outfallJ.
Galloway Creek of the French Broad River Basin
S. Frequency of Discharge: X Continuous ❑ Intermittent
If intermittent:
Days per week discharge occurs: Duration:
9. Describe the treatment system
List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and
phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a
separate sheet of paper,
A 0.015 MGD facility with aeration basin with dual blowers providing diffused air,
clarifier with sludge return, tablet chlorinator with contact chamber, tablet
dechlorination.
2of3
Form-D 11112

NPDES APPLICATION - FORM D
For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD
10. Flow Information:
of 1Nater Resources
Treatment Plant Design flow 0.015 MGD Division
Annual Average daily flow 0.001 MGD (for the previous 3 years) F E B 1 a 2015
Maximum daily flow 0.003 MGD (for the previous 3 years)
Water Quality Regional Operations
11. Is this facility located on Indian country? Asnevilie Regona! office _
❑ Yes X No
12. Effluent Data
NEW APPUC4NTS: Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab
samples, for all otherparameters 24-hour composite sampling shall be used. If more than one analysis is reported,
report daily maximum and monthly average. If only one analysis is reported, report as daily maximum.
RENEWAL APPLICANTS: Provide the highest single reading (Daily Maximum) and Monthly Average over
the past 36 months for parameters currently in yourpermit. Mark other parameters 'N/A".
Parameter
Daily
Maximum
Monthly
Avera a
Units of
Measurement
Biochemical Oxygen Demand (BODS)
37.3
17.2
MG/L
Fecal Coliform
330
2.9
CFU/ 100ML
Total Suspended Solids
70.0
23.4
MG/L
Temperature (Summer)
25.0
22.6
C
Temperature (Winter)
12.9
7.0
C
pH
8.0
7.5
units
13. List all permits, construction approvals and/or applications:
Type Permit Number Type
Hazardous Waste (RCRA)
UIC (SDWA)
NPDES
PSD (CAA)
Non -attainment program (CAA)
NC0000108
14. APPLICANT CERTIFICATION
NESHAPS (CAA)
Ocean Dumping (MPRSA)
Dredge or fill (Section 404 or CWA)
Other
Permit Number
I certify that I am familiar with the information contained in the application and that to the
best of my knowledge and belief such information is "a, complete, and accurate.
name of Person
Of
)gefl_7 Vd 5 /Y/14.✓,C
Title
o _ is 'el, .20 iS_
Date
North Carolina General Statute 143-215.6 (b)(2) states; Any person who knowingly makes any false statement representation, or certification in any
application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management
Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method
required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be
guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001
provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.)
3 of 3 Form-011112

OLE
DE`
NC NR
North Carolina Department of Environment and Natural Resources
Donald R. van der Vaart
Secretary
February 25, 2015
Jim Kelley
New Excelsior Inc
P.O. Box 458
Rosman NC 28772
SUBJECT: Compliance Evaluation Inspection
Excelsior Packaging Group
Permit No: NC0000108
Transylvania County
Dear Mr. Kelly:
Enclosed please find a copy of the Compliance Evaluation Inspection conducted on 1/26/2015. No violations of
permit conditions or applicable regulations were observed during this inspection.
Please refer to the enclosed inspection report for additional observations and comments. If you or your staff
have any questions, please call me at 828-296-4500.
Sincerely,
Jeff Menzel
Environmental Specialist
cc: Juanita Reed James, ORC
MSC 1617-Central Files -Basement
Water Quality Regional Operations — Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone]
Internet: http://portal.ncdenr.org/web/wq
An Equal Opportunity \ Affirmative Acton Employer
G:\WR\WQ\Transylvania\WastewateAMinors\Excelsior 001 08\001 08 CEI 2015.doc

United States Environmental Protection Agency
Form Approved.
Washington, D.C. 20460
`OMB No. 2040-0057
Water Compliance Inspection Report'.
rA
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mobday, Inspection Type
Inspector Fac Type
1 IN 1 2 .LJ 3 I NC0000106 I11 12 - 1-5rov20- 17 18 C I
19 j G I 201
211_ICIIIIIIIIII11IIIIIIIIIIIIIIIIIII.III11�II
r6
Inspection
Work Days Facility Self -Monitoring Evaluation Rating B1 QA .. — .
Reserved —
67
70 I 71 L 72 L N G. 73I I 174 751
Li LJ I I I I I I I I I I80
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
09:OOAM 15/01/26
10/10/01
Excelsior Packaging Group
1379 Old Rosman Hwy
Exit Time/Date
Permit Expiration Date
Rosman NC 28772
10:OOAM 15/01/26
15/09/30
Name(s) of Onsite Representative(s)rritles(s)/Phone and Fax Number(s)
Other Facility Data
Juanita Reed James/ORC/828-697-0063/
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Jim Kelley,PO Box 458 Rosman NC 28772//828-862-4215/
Yes
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Operations & Maintenance Facility Site Review Effluent/Receiving Waters
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone_and Fax Numbers
Date
Jeff Menzel 441 ARO WQ//828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers
Date
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page#

NPDES yr/mo/day Inspection Type (Cont.)
31 Nco000198 I11 12 15/01/26 17 18 ICI
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
The 159 Babcock Co., LLC — Excelsior Packaging Group WWTP is classified as a class II facility and
rated as a 0.015 MGD extended aeration package plant with: aeration basin with dual blowers providing
diffused air; rectangular clarifier with sludge return; tablet chlorinator; chlorine contact chamber; and
tablet dechlorinator.
The comminutor is not used. This plant.treats domestic waste only. Higher flows during rainfall events
are typical and indicate groundwater infiltration into the collection system pipe from the plant site to the
WWTP.
The diffusers in the aeration basin have recently been replaced. There are a few small places on the
surface of the WWTP which are rusted out. While the integrity of the structure does not seem affected
these should be monitored so they do not cause larger issues.
No violations of permit conditions or applicable regulations were observed during this inspection.
Page# 2

:�4
Permit: NC0000108 Owner - Facility: Excelsior Packaging Group
Inspection Date: 01/26/2015 Inspection Type: Compliance Evaluation
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? 0 ❑ ❑, ❑
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable 0 ❑ ❑ ❑
Solids, pH, DO, Sludge Judge, and other that are applicable?
Comment:
Aeration Basins
Yes No NA NE
Mode of operation
Ext. Air
Type of aerationsystem
Diffused.
Is the basin free of dead spots?
❑
: ❑
❑
Are surface aerators and mixers operational?
❑
❑
N
❑
Are the diffusers operational?
0.
❑
❑
❑
Is the foam the proper color for the treatment process?
0
❑
. ❑
❑
Does the foam cover less than 25% of the basin's surface?
N
❑
❑
❑
Is the DO level acceptable?
❑
❑
❑
Is the DO level acceptable?(1.0 to 3.0 mg/1)
❑
❑
❑
Comment: The diffusers in the aeration basin have recently been replaced.
Secondary Clarifier
Yes No NA NE
Is the clarifier free of black and odorous wastewater?
0
❑
❑
❑
Is the site.free of excessive buildup of solids in center well of circular clarifier?
❑
❑
E
❑
Are weirs level?
0
❑
❑
❑
Is the site free of weir blockage?
0
❑
❑
❑
Is the site free of evidence of short-circuiting?
❑
❑ .
❑
Is scum• removal adequate?
N
❑
❑
❑
Is the site free of excessive floating sludge?
0
❑
❑
❑
Is the drive unit operational?
❑
❑
0
❑
Is the return rate acceptable (low turbulence)?
0
❑
❑
❑
Is the overflow clear of excessive solids/pin floc?
0
❑
❑
❑
Is the sludge blanket level acceptable? (Approximately '/< of the sidewall depth)
❑
❑
❑
Comment:
Disinfection -Tablet Yes No NA NE
Are tablet chlorinators operational? 0. ❑ ❑ ❑
Page# 3

Permit: NC0000108 Owner - Facility: Excelsior Packaging Group
Inspection Date: 01/26/2015 Inspection Type: Compliance Evaluation
Disinfection -Tablet
Are the tablets the proper size and type?
Number of tubes in use?
Is the level of chlorine residual acceptable?
Is the contact chamber free of growth, or sludge buildup?
Is there chlorine residual prior to de -chlorination?
Comment:
De -chlorination
Type of system ?
Is the feed ratio proportional to chlorine amount (1 to 1)?
Is storage appropriate for cylinders?
# Is de -chlorination substance stored away from chlorine containers?
Comment:
Are the tablets the proper size and type?
Are tablet de -chlorinators operational?
Number of tubes in use?
Comment:
Effluent Pipe
Is right of way to the outfall properly maintained?
Are the receiving water free of foam other than trace amounts and other debris?
If effluent (diffuser pipes are required) are they operating properly?
Comment:
Yes- No NA NE ,
■
❑
❑
❑
2
❑
❑
■
M
❑
❑
❑
❑
❑
❑
■
Yes No NA NE
Tablet
❑
❑
❑
■
❑
❑
❑
.❑
.❑
2
Yes No NA NE
❑
❑
❑
❑
❑
❑
■
❑
❑
❑
Page# 4

08/09/2013 09:56AM 8296970065 JAMES & JAMES PAGE 19/19
Addidonel Back-up ORC dwWadon
..a..h.y.9.9.9.As..P..am EASE 9uo4.446090. ease@ Ian a a l aalafaaa a ........
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print Fw) Name; Aryl✓}
G — g 2013
permit
aDWQ/Sur�ace waieT'ptti��t'Fltrft�en-
Asheville Regional Office
Ra`
......•....
Cexti cm Typo / Ora& / Number:{L0 9C MIE } () y Work Phone #: ( ) (1 )— 06 43
signatltre: D:ice:.,�/"I Certify that I"to my as a Dwk-V Operator in Rftpm&e Chatgt: ibr the &aUtty noted. I uzdaseaad and w111 ald0 by
the roles and regnMow pm=iOwrq=mMHdwdftBUORC as m fmc in 15A NCAC 080 .=S and failing to do so ran
result In DisdOinary Aadone by the Water Panty = Central Synem Operamm Cerpfic aflm C Wcm."
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Back -Up Operatw in Raponah Cl arp ORU ORO
Print fall Name: L. 4LZ ► 4 i i 't'_ k e
"I certify that I agree to ray &dpatioa ate a Bwk-up ppwatar is ReVowdift amW- for the fwili[y noted. I undaatand sad v4ll Ode by
the mies and, rqpWow paataining to the sopmidbMan of the BU ORC $s set fotrh is 13A, NCAC 080.0205 and failing to do so cae
te5ult in r dpHnsry Ac:tkms by the Water Pollution Contml 8ymm Operators Can1ii=d= Cntnntitaim.7
..................................... ..a ... ....r.a.raaaa/r............ ....................................................
Banc Up Opemtorle A r (BU OR
Print Full Na=: X i C. lc .
Certificate Type / / '� � i Work phone #: ($°�`�") � `� "i-�d t:J toy
Sipatare: Date: 4
"I oatfy that I to rely dedpauon as a k-up Opmwr in Respoawible Cbxp far tht' raft noted. I md=3=d and well 9d& by
thv:uies and !""moos patirting w dz nesp=ib idw of the DU ORC 8s set f Mh is 1 SA NCAC M .02.03 end failing to da m can
resuh in Disdpli m" Acdans by the Warr Pollution Control System Operators Caacadon CotnmlWcue -
99a..,4•..F..aay}.9ait, aO,p..... a••,.a gas age Boom fa gas faaa"ago a.faaask ................................................... /.►.,1.1►..a as a a a„a a1a..
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----
C dOcare T I uMm& I Ntmtber SO 999q&3 Work Phone #:.( �3
Si I =d y that I Ww to ray dmignadon es a Hack up Operator 1n Respanstble Charge for the iseility noted. I w dazmud ad will abide by
the rules and regulaiiow pataining to the respomblides of *4 BU ORC as srtfcath in 1SA NCAC W .0= and failing to do so ca
tumult in Disciplinary Actions by flte Water Pollution Caaeal System Operators Catlfleadon Commbdon:'
............ •....................................................................•.........................................................
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0 6v
JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 1354, MOUNTAIN HOME, NC 28758
[phone] OFFICE
[phone] FAX
PERFORMANCE ANNUAL REPORT - 2011
Excelsior Packaging Group Mr. Jim Kelley Permit Number: NC0000108
System Description
A 0.015 MGD extended aeration package wastewater treatment plant with including an aeration
basin with dual blowers providing diffused air, clarifier with sludge return, tablet chlorinator with contact
chamber and tablet dechlorination.
Performance
This system ran very well except for a few violations.
Violations and corrective actions taken
1. August, 2011
d,>xafi� +°µ"sim Fecal Coliform
8-3 @ 490 colonies/100mis
1. We determined the cause of the violation was due to
(� ( 1 't a long detention time in the chlorine contact chamber
V� l� "1 dissipating the chlorine. We began adding additional
j tablets to the final effluent box at the facility prior to
MAR - 9 2012 C - the chlorine tube feeder.
WATER 6LIALITY SECTION
2N,vn_LE REGIONAL O71t
-r, 2011
BOD-5 Day
i. 9-1 @ >36.4 mg/l
ii. 9-8 @ 48.0 mg/1
1. We determined these violations were due to an
Inflow of cleaning agents or chemicals that caused a
toxic shock to the system. The air to the facility was
increased and the solids were settled out with alum.
This report has been sent to the Owner with directions to give notification of the availability of this report
to each of their users. A certified statement will be sent to the State when this notice has been issued.
I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I
further certify that this report has been made available to the users or customers of the named system and
that those users have been notified of its availability. I also certify that this report has been given to the
owner of this facility with explicit directions to make the user aware of the availability of this report and the
location with which a copy can be viewed or received. James & James Environmental Mgt;', Inc cannot
certify that the latter has been completed and will enclose a letter of certification to be mailed to the State
of North Carolina on behalf of this entity along with all pertinent information regarding this, system for the
conclusion of this requirement.
Thank you,
Juanita James
James & James Environmental Management, Inc.

PERFORMANCE ANNUAL REPORT — 2011
Excelsior Packaging Group Mr. Jim Kelley
Permit Number: NC0000108
A copy of the Performance Annual Report has already been filed with the
State of North Carolina Division of Water Quality in triplicate by James &
James Environmental Management, Inc. and should be in your possession at
this time. On that report, the certification was stated that I, the responsible
party of this facility, has received a copy of this report and was directed to
give the users knowledge of this report and access to it.
Therefore:
I certify under penalty of law that this report prepared by James & James
Environmental Management, Inc. is complete and accurate to the best of my
knowledge. I further certify that this report has been made available to the
users or customers of this documented system and that those users have been
notified of its availability.
Thank you,
Mr. Jim Kelley
Excelsior Packaging Group

NC®ENR
North Carolina Department of Environment and Natural Re5ources �., , L
Pat McCrory
Governor
Mr. Jim Kelley
New Excelsior Inc.
1379 Old Rosman Highway
Brevard, North Carolina 28712
Dear Mr. Kelley:
John E. Skvarla, III
Secretary
December 11, 2014
Subject: NOTICE OF VIOLATION
NOV-2014-MV-0071
Permit No. NC0000108
Excelsior Packaging Group WWTP
Transylvania County
A review of Excelsior Packaging Group's WWTP monitoring report for June 2014 showed the
following violation:
Parameter-
Date
Measuring Frequency
Violation
Flow, in conduit or thru
treatment plant
6/21 /2014
Weekly
Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant". when in -
fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
Remedial actions should be taken to correct this problem. The Division of Water Resources may
pursue enforcement action for this and any additional violations of State law. If you should have any
questions, please do not hesitate to contact Janet Cantwell or me at 8281296.-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations, NCDENR
Asheville Regional Office
MSC 1617-Central Files -Basement
James & James Environmental/ ORC
G:\WR\WQ\Transylvania\l^Jastewater\Minors\Excelsior 00108\NOV-2014-MV-0071.doc
Water Quality Regional Operations — Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] Fax: [phone]
Internet: hfp:llportal.nedenr.org/web/wq
An Equal Opportunity/ Affirmative Action Employer

A IFFWA
Tj
1
3
NC®EhlR
North. Carolina Department of Environment and Natural Resources
Pat McCrory -_
Governor
Mr. Jim Kelley
New Excelsior Inc.
1379 Old Rosman Highway
Brevard, North Carolina 28712
Dear Mr. Kelley:
John E..Skvarla, III
Secretary
December 8, 2014
Subject: NOTICE OF DEFICIENCY
NOD-2014-MV-0058
Permit No. NC0000108
Excelsior Packaging Group WWTP
Transylvania County
A review of Excelsior Packaging Group's monitoring report for May 2014 showed the following
violation:
Parameter
Date
Measuring
Frequency
Violation
Chlorine, Total Residual
Week ending 05/03/2014
2 X week
Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in
fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
Remedial actions should be taken to correct this problem. The Division of Water Resources may
pursue' enforcement action for this and any additional violations of State law. If you should have any
questions, please do not hesitate to contact Janet Cantwell or me at 8281296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations, NCDENR
Asheville Regional Office
cc: WQ Asheville Files
MSC 1617-Central Files -Basement
James & James Environmental/ ORC
G::WRIWQ\Transylvania\WastewaterWinors\Excelsior 001081NOD-2014-MV-0058 doc
Water Quality Regional Operations — Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] Fax: [phone]
Internet: http://portal.ncdenr.org/web/wq
An Equal Opportunity/ Affirmative Action Employer

Ie:'
A14
fly
5
irciDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Ron Shemesh, CEO
Excelsior Packaging Group
1379 Old Rosman Highway
Brevard, North Carolina 28712
Dear Mr. Shemesh:
Division of Water Quality
Charles Wakild, P.E.
Director
April 2, 2013
John E. Sl;varla, III
Secretary
Subject: NOTICE OF VIOLATION
NOV-2013-LV-0200
Permit No. NC0000108
Excelsior Packaging Group WWTP
Transylvania County
A review of Excelsior Packaging Group's WWTP monitoring report for December 2012 showed the
following violations:
Parameter
Date
Limit Value
Reported Value
Limit Type
BOD, 5-Day (20 Deg. C)
12/12/2012
45 mg/I
46.7 mg/I
Daily Maximum
- Concentration
Exceeded
Solids, Total Suspended
12/31/2012
30 mg/I
31.02 mg/I
Monthly Average
- Concentration
Exceeded
BOD, 5-Day (20 Deg. C)
12/31/2012
30 mg/I
33.78 mg/1
Monthly Average
- Concentration
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted.
The Division of Water Quality may pursue enforcement action for this -and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at
828/296-4500.
co. _^_ _900 Asldreurillrles _
DWQ Central Files
James & James Environmental/ ORC
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
S:\SWP\Transylvania\WastewaterWlinors\Excelsior 00108\NOV-2013-LV-0200.doc
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone]
Internet: www.ncwaterguality.orq FAX [phone]

F:,-,�
L7
A r
NCDENR -
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr. Ron Shemesh, CEO
Excelsior Packaging Group
1379 Old Rosman Highway
Brevard, North Carolina 28712
Dear Mr. Shemesh:
Division of Water Quality
Charles Wakild, P.E.
Director
November 19, 2012
Dee Freeman
Secretary
Subject: NOTICE OF VIOLATION
NOV-2012-MV-0113
Permit No. NC0000108
Excelsior Packaging Group WWTP
Transylvania County
A review of Excelsior Packaging Group's monitoring report for August 2012 showed the following
violation:
Parameter
Date
Measuring
Violation
Frequency
Flow, in conduit or thru treatment
08/04/2012
Weekly
Failure to Monitor
plant
It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in
fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
Remedial actions should be taken.to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell or me at 828/296-4500.
Sincere , l
alj
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
c �WQ=Ashexll a Files
DWQ Central Files
James & James Environmental/ ORC
S:\SWP\Transylvania\Wastewater\Minors\Excelsior 00108\NOV-2012-MV-0113.doc
o °e
NCarolina
Naiuraay
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone]
Internet www.ncwateroualitv.ora FAX [phone]

r &
NCDENR
North Carolina Department of Environment and. Natural Resources
Beverly Eaves Perdue
Governor
Mr. Ron Shemesh, CEO
Excelsior Packaging Group
1379 Old Rosman Highway
Brevard, North Carolina 28712
Dear Mr. Shemesh:
Division of Water Quality
Charles Wakild, P.E.
Director
July 2, 2012
Dee Freeman
Secretary
Subject: NOTICE OF VIOLATION
NOV-2012-LV-0332
Permit No. NC0000108
Excelsior Packaging Group WWTP
Transylvania County
A review of Excelsior Packaging Group's WWTP monitoring report for April 2012 showed the
following violation: .
Parameter
Date
Limit Value.
Reported Value
Limit Type
Nitrogen, Ammonia Total
(as N) - Concentration
04/17/2012
35 mg/1
48.2 mg/1
Daily Maximum
Exceeded
It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in
fact it should have been marked "Non -Compliant" with an explanation for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell or me at 828/296-4500.
Sincerel ,
Chuck Cranf rd�gional Supervisor
Surface Water Protection Section
cc: DWQ-_Asheville.Files
DWQ Central Files
James & James Environmental/ ORC
S:\SWP\Transylvania\Wastewater\Minors\Excelsior 00108\NOV-2012-LV-0332.doc
N""o�rtnhCarolina
Natura!!y
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone]
Internet: www.ncwateraualitv.ora FAX [phone]

MCDENK
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr. Ron Shemesh, CEO
Excelsior Packaging Group
1379 Old Rosman Highway
Brevard, North Carolina 28712
Dear Mr. Shemesh:
Division of Water Quality
Charles Wakild, P.E.
Director
January 27, 2012
Subject: NOTICE OF VIOLATION
NOV-2012-LV-0072
Permit No. NC0000108
Excelsior Packaging Group WWTP
Transylvania County
Dee Freeman
Secretary
A review of Excelsior Packaging Group's WWTP monitoring report for September 2011 showed
the following violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
BOD, 5-Day (20 Deg. C) -
Concentration
09/08/2011
45 mg/I
48 mg/I
Daily Maximum
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted.
The Division of Water Quality may pursue enforcement action for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at
8281296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
ice•. =" �DWQ—Ashe'vil le:Files�
DWQ Central Files
James & James Environmental/ ORC
S:\SWP\Transylvania\WastewaterWlinors\Excelsior 00108\NOV-2012-LV-0072.doc
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone]
Internet: www.ncwaterauality.org FAX [phone]
NNorthCarolina
atarrallil

1I
NCR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr. Ron Shemesh, CEO
Excelsior Packaging Group
1379 Old Rosman Highway
Brevard, North Carolina 28712
Dear Mr. Shemesh:
Division of Water Quality
Charles Wakild, P.E.
Director
January 27, 2012
Dee Freeman
Secretary
Subject: NOTICE OF VIOLATION
NOV-2012-LV-0071
Permit No. NC0000108
Excelsior Packaging Group WWTP
Transylvania County
A review of Excelsior Packaging Group's WWTP monitoring report for August 2011 showed the
following violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
Coliform, Fecal MF, M-FC
Broth,44.5C
08/03/11
400 #/100ml
490 #/100ml
Daily Maximum
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted.
The Division of Water Quality may pursue enforcement action for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at
828/296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
,,ec DWQ AsheviIIe�Eiles
DWQ Central Files
James & James Environmental/ ORC
S:\SV\IP\TransylvaniaiWastewater\Minors\Excelsior 00108\NOV-2012-LV-0071.doc
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone]
Internet: www.ncwaterguality.org FAX [phone]
NoithCarolina
Natmra!!ff

A.,&A
1 _
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, RE, Dee Freeman
Governor
Mr. Ron Shemesh, CEO
Excelsior Packaging Group
1379 Old Rosman Highway
Brevard, North Carolina 28712
Dear Mr. Shemesh:
Director
January 27, 2012
Subject: NOTICE OF VIOLATION
NOV-2012-MV-0008
Permit No. NC0000108
Excelsior Packaging Group WWTP
Transylvania County
Secretary
A review of Excelsior Packaging Group's WWTP monitoring report for July 2011 showed the
following violation:
Parameter
Date
Measuring
Violation
Frequency
Chlorine, Total Residual
Week ending
2 X / Week
Failure to Monitor
07/16/2011
It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in
fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
C�
Chuck Cranf d, Regional Supervisor
Surface Water Protection Section
�c=D W Q�As f �ylliF iless
DWQ Central 1711es�
S:lSWPlTransylvania\Wastewater\MinorslExcelsior 00108%NOV-2012-MV-0008.doc
NAo"YhCarolina
atura!!ry
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone]
Internet: www.ncwaterouality.org FAX [phone]

r--r
�t s
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
SURFACE WATER PROTECTION SECTION
June 25, 2010
Mr. Jim Kelley
159 Babcock Co. LLC
PO Box 458
Rosman, NC 28772
C 9 11
Dee Freeman
Secretary
SUBJECT: Compliance Evaluation Inspection
Excelsior Packaging Group WWTP
Permit No: NC0000108
Transylvania County
Dear Mr. Kelley:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on June 23, 2010. The facility was found to be in compliance with permit
NC0000108.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Wesley Royal, ORC
Central Files
Asheville 'Filess
L6Y.'__. ___
S:\SWP\Transylvania\Wastewater\Minors\Excelsior 00108\CEI.6-23-10.doc
SURFACE WATER PROTECTION —ASHEVILLE REGIONAL OFFICE One
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NorthCarolina
Phone: [phone] \ FAX: [phone] \ Customer Service: 1-877-623-6748 Natumli'm
Internet: www.ncwaterguality.org
9

United States Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 151 31 NC0000108 111 121 10/06/23 117 18I CI 19I SI 20I�
Remarks
21111111111111111111111111IIII I I I I I I I I I I I I I I I I II16
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA —Reserved
671 1.0 169 7013 I 711 I 72 I N I 73 LU 74 751 I I I I I I 180
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
Excelsior Packaging Group
10:50 AM 10/06/23
05/11/01
Exit Time/Date
Permit Expiration Date
NC Hwy 178 •
Rosman NC 28772
12:00 PM 10/06/23
10/09/30
Name(s) of Onsite Representative(s)lTitles(s)/Phone and Fax Number(s)
Other Facility Data
William Wesley Royal/ORC/828-884-9537/
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Jim Kelley,PO Box 458 Rosman NC 28772//828-862-4215/ No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Operations & Maintenance 0 Records/Reports Facility Site Review
Effluent/Receiving Waters
.Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary).
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

NPDES yr/mo/day Inspection Type
3I NC0000108 I11 12I 10/06/23 117 18I C1
(cont.)
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
FACILITY DESCRIPTION:
The 159 Babcock Co., LLC — Excelsior Packaging Group WWTP is classified as a class II facility
and rated as a 0.015 MGD extended aeration package plant with: aeration basin with dual blowers
providing diffused air; rectangular clarifier with sludge return; tablet chlorinator; chlorine
contact chamber; and tablet dechlorinator.
Notes: The comminutor is not used.
This plant treats domestic waste only. Higher flows during rainfall events are typical
and indicate groundwater infiltration into the collection system pipe from the plant
site to the WWTP. As a result, the MLSS are nearly non-existent and generally average
5%.
PERMIT / INSPECTION / LOG:
A review of the files indicates that the last compliance sampling inspection was conducted on
11-17-09 by Janet Cantwell. This inspection was not written up, however the following samples
results were in compliance with permit limits.
BOD = 11 mg/I
TSS = 23 mg/I
fecal coliform = 1 col/100 ml
ammonia nitrogen = 15 mg/I
The permit expires on 7-31-2013. Your renewal request was received by the Division on March 25,
2010.
The daily operator log was present on -site and had good notation of daily events, process
control and field testing data.
TREATMENT UNITS / PROCESS CONTROL TESTING DATA:
The activated sludge aeration basin process control data was as follows:
Temperature = 25.1 degrees Celsius
pH = 7.0 units
Dissolved Oxygen = 3.0 mg/I
Settleable Solids = 5 ml/I = 5%
Page # 2

Permit: NC0000108 Owner - Facility: Excelsior Packaging Group
Inspection Date: 06/23/2010 Inspection Type: Compliance Evaluation
EFFLUENT:
There was no discharge on the day of the inspection. The stream was clear and free of sediment.
OPERATIONS AND MAINTENANCE:
Mr. Wesley Royal, ORC, and Mr. Clifford Sprouse, Facility Maintenance Manager and Safety
Manager, were present and assisted in the inspection.
The facility appears to be operating well.
Page # 3

Permit: NC0000108 Owner - Facility: Excelsior Packaging Group
Inspection Date: 06/23/2010 Inspection Type: Compliance Evaluation
Permit Yes
No
NA
NE
(if the present permit expires in 6 months or less). Has the permittee submitted a new application?
■
n
n
n
Is the facility as described in the permit?
■
Q
fl
0
# Are there any special conditions for the permit?
■
❑
n
❑
Is access to the plant site restricted to the general public?
■
❑
fl
fl
Is the inspector granted access to all areas for inspection?
■
n
n
n
Comment:
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ Q El fl
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ fl ❑
Judge, and other that are applicable?
Comment:
Aeration Basins Yes No NA NE
Mode of operation Ext. Air
Type of aeration system
Is the basin free of dead spots?
Are surface aerators and mixers operational?
Are the diffusers operational?
Is the foam the proper color for the treatment process?
Does the foam cover less than 25% of the basin's surface?
Is the DO level acceptable?
Is the DO level acceptable?(1.0 to 3.0 mg/1)
Comment:
Secondary Clarifier
Is the clarifier free of black and odorous wastewater?
Is the site free of excessive buildup of solids in center well of circular clarifier?
Are weirs level?
Is the site free of weir blockage?
Is the site free of evidence of short-circuiting?
Is scum removal adequate?
Is the site free of excessive floating sludge?
Diffused
■1lpn
■nn❑
■nnn
0In■❑
■000
■non
■000
■000
■nnn
Page # 4

Permit: NC0000108
Inspection Date: 06/23/2010
Owner - Facility: Excelsior Packaging Group
Inspection Type: Compliance Evaluation
Secondary Clarifier
Yes
No
NA
NE
Is the drive unit operational?
❑
❑
■
❑
Is the return rate acceptable (low turbulence)?
■
❑
❑
n
Is the overflow clear of excessive solids/pin floc?
■
❑
❑
❑
Is the sludge blanket level acceptable? (Approximately '/< of the sidewall depth)
■
❑
❑
❑
Comment:
Disinfection -Tablet
Yes
No
NA
NE
Are tablet chlorinators operational?
■
❑
n
❑
Are the tablets the proper size and type?
■
❑
❑
n
Number of tubes in use?
2
Is the level of chlorine residual acceptable?
■
❑
❑
❑
Is the contact chamber free of growth, or sludge buildup?
■
❑
❑
❑
Is there chlorine residual prior to de -chlorination?
■
❑
❑
❑
Comment:
De -chlorination
Yes
No
NA
NE
Type of system ?
Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)?
❑
❑
■
❑
Is storage appropriate for cylinders?
❑
❑
■
❑
# Is de -chlorination substance stored away from chlorine containers?
❑
❑
■
Cl
Comment:
Are the tablets the proper size and type?
■
❑
❑
❑
Are tablet de -chlorinators operational?
■
❑
❑
❑
Number of tubes in use?
2
Comment:
Page # 5

XC OZV La6oratoa Section Wesults
County:
TRANSYLVANIA
Sample ID:
AB51870
INA
River Basin
FRB
Cl�, !�
1
PO Number #
ARO
Report To
AROSP
O�
Date Received:
- 11117/2009
Collector:
J CANTWELL
f%I p
Time Received:
16:05
Y
Labworks LoginlD
KJIMISON
Region:
ARO
Date Reported:
12/17/09
Sample Matrix:
WASTEWATER
Loc. Type:
Report Generated:
12/17/2009
Emergency Yes/No
COC Yes/No
VisitlD
Loa Descr.: EXCELSIOR PKG WWTP
jj
Location ID:
NC0000108
Collect Date: 11/17/2009
Collect Time:: 11:15
Sample Depth
Sample Qualifiers and Comments
Routine Qualifiers
For a more detailed description of these qualifier codes refer to www.dwqlab.org under Staff Access
A -Value reported is the average of two or more determinations
N3-Estimated concentration is < PQL and >MDL
B1-Countable membranes with <20 colonies; Estimated
NE -No established PQL
B2- Counts from all filters were zero.
P-Elevated PQL due to matrix interference and/or sample dilution
B3- Countable membranes with more than 60 or 80 colonies; Estimated
Q1-Holding time exceeded prior to receipt at lab.
B4-Filters have counts of both >60 or 80 and < 20; Estimated
Q2- Holding time exceeded following receipt by lab
B5-Too many colonies were present; too numerous to count (TNTC) , .• x.= w^
PQL- Practical Quantit tb3eeCtEc"fiange due to instrument sensitivity
J2- Reported value failed to meet QC criteria for either precision or accuracy; Estimated r,�,;�'�4�F�!S±i._ 0.
U- Samples an ei�foathis corilpgLua�l,bljtoot-detected
J3-The sample matrix interfered with the ability to make any accurate determination; Estimated �?.�� r:� _ •.
X1- Sample noalyzed fog ffiis coin o' ��Il\3HS�
J6-The lab analysis was from an unpreserved or improperly chemically preserved sample; Estimated y ��1��0 �dNOIJ31�
NI -The component has been tentatively identified based on mass spectral library search and has an estimated value + . NOIlO�S �111dn� b�1dPA 'i
nP -
Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 [phone]go5
>1
,2� {�

Sample ID AB51870
NC DWQQ Laboratory ,.Section Results
Location ID: NC0000108 Collect Date: 11/17/2009
Loc. Descr.: EXCELSIOR PKG WWTP Collect Time:: 11:15
Visit ID
CAS # Analyte Name PQL Result Qualifier Units Analyst/Date Approved By /Date
Sample temperature at receipt by lab 3.1 °C KJIMISON SMATHIS
Method Reference 11/17/09 11/23/09
BOD, 5-Day In liquid 2 11 mg/L KJIMISON CGREEN
Method Reference APHA5210B 11/18/09 12/15/09
Coliform, MF Fecal in liquid 1 1 B2 CFU/100ml KJIMISON CGREEN
Method Reference APHA9222D-20th 11/17/09 12/15/09
Residue —Suspended in liquid 6.2 23 mg/L KJIMISON CGREEN
Method Reference APHA2640D-20th 11/19/09 12/15/09
Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 [phone] Page 2 of 2

Beverly Eaves Perdu
Governor
North Carolina Department of Environment and Natural Resources
Division of Water Quality
e Coleen H. Sullins Dee Freeman
Director Secretar
RON SHEMESH, CEO
159 BABCOCK CO LLC
1379 OLD ROSMAN HWY
BREVARD NC 28712
Y
April 13, 2010
0 6 2010 I
SUBJECT: Payment Acknowledgment �-
ER G�U,4LITY SE T�OI'd
Wr\T
Civil Penalty Assessment p VVAT LLE - EGI01 JAL OrpIcE
Excelsior Packaging Group r--
Permit Number: NC0000108
Case Number: LV-2010-0091
Transylvania County
Dear Mr. Shemesh:
This letter is to acknowledge receipt of check number 4331 in the amount of $167.00 received from you dated
April 6, 2010. This payment satisfies in full the above civil assessment levied against the subject facility, and
this case has been closed. Payment of this .penalty in no way precludes future action by this Division for
additional violations of the applicable Statutes; Regulations, or Permits.
If you have any questions, please call Bob Guerra at 919-807-6387.
cc: Central File
Q �s ewilll lecnal �.ce Surervr-so_77
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One
Phone: 91M07-63001 FAX: [phone] Customer Service: 1-877-623-6748 NorthCarolin l
Internet: www.ncwaterqualit .org
An Equal Opportunity 1 Affirmative Action Employer atti1 id ly

DIVISION OF WATER QUALITY WATER QUALITY FIELD -LAB FORM (DMI) For Lab Use ONLY
COUNTY / �` �Y
PRIORITY
❑ AMBIENT
SAMPLE TYPE
EF FLUENT
❑ STREAM
RIVER BASIN19�
'
REPORT T : AR FRO MRO RRO WaRO WiRO WSRO TS
AT BM
COMPLIANCE
❑ LAKE
❑ INFLUENT
Other
Shipped by: Bus, Courier, StaEE Other
❑ G C
❑ Y
Lab Number:
b
Date Received: Q'(. 1 7. OZ3 Time":
Rec'd by: VA
DATA ENTRY BY:
From: Bus -Courier -Hand Del.
CK:
DATE REPORTED:
��E�S/TU/fARj� � /
COLLECTOR(SYa J I 2 0 plus �XZC 45e" 1496� J
Estimated BOD Range: 0-5!5-25/25.65/40-130 or 100 plus STATION LOCATION: 1.
Seed: Ycs ❑ No ❑ Chlorinated: Yes ❑ No ❑
REMARKS:
1
BOD5 310 mg/L
2
COD High 340 mg/L
3
COD Low 335 mg/L
4
oliform: MF Fecal 31616 /100ml
5
Coliform: MF Total 31504 /100m1
6
Colifotm: Tube Fecal 31615 /100m1
7
Coliform: Fecal Strap 31673 /100m1
B
Residue: Total 500 mg/L
9
Volatile 505 mg/L
10
Fixed 510 mg/L
11
Residue: Suspended 530 mg/L
12
Volatile 535 mg/L
13
Fixed 540 mg/L
14
pH 403 units
15
Acidity to pH 4.5 436 mg/L
16
Acidity to pH 8.3 435 mg/L
17
Alkalinity to pH 8.3 415 mg/L
18
Alkalinity to pH 4.5 410 meJL
19
TOC 630 mg/L
20
Turbidity 76 NTU
/5� o 91 1i 1 /
Chloride 940 mg/L
Chl a 70953 µg/L
Color: True 80 Pt -Co
Color:(pH ) 83 ADMI
Color:pH 7.6 82 ADMI
•
Cyanide 720 mg/L
Fluoride 951 mg/L
Formaldehyde 71880 mg/L
Grease and Oils 556 / mg/L
Hardness Total 900 mg/L
Specific Cond. 95
MBAS 38260 mg/L
Phenols 32730 µg/L
Sulfate 945 mg/L
Sulfide 745 mg/L
A H L T S B IC [G) GNXX
c
NH3 as N 610 mg/L
TKN as N 625 mg/L
NO2 plus NO3 as N 630 mg/L
P: Total as P 665 mg/L
PO4 as P 665 mg/L
P: Dissolved as P 666 mg/L
Cd-Cadmium 1027 pg/L
Cr-Chromium;Total 1034 pg/L
Cu-Copper1042 µg/L
Ni-Nickel 1067 µg!L
Pb-Lead 1051 µg/L
Zn-Zinc 1092 µg/L
Ag-Silver 1077 µg/L
Al -Aluminum 1105 µg/L
Be -Beryllium 1012 pg/L
Ca -Calcium 916 mg L
Co -Cobalt 11137 µdL
Fe -Iron 1045 µglL
Li -Lithium 1132 _ µg/L
Mg -Magnesium 927 mg/L
Mn-Manganese 1055 µg/L
Na-Sodium 929 mg/L
Arsenic:Total 1002 pg/L
Se -Selenium 1147 µeft
Hg-Mercury 71900 pg/L
Organochlorine Pesticides
Organophosphorus Pesticides
Acid Herbicides
Base/Neutral Extractable Organics
Acid Extractable Organics
Purgeable Organics (VOA bottle req'd)
Phymplankton
=1UJ,�t0q1.,r arrival:
Sampling Point %
Conductance at25°C
Water Temperature 'C
D.O.mJL
PH
Alkalinity
Acidity
Air Temperature
PH 8.3 PH 4.5
pH4.5 PH 8.3
2
4
0
300
400
82244 431
82243 82242
20
Salinity %°
Precipitation (in/day)
Cloud Cover %
Wind Direction (Deg)
Stream Flow Severity
Turbidity Severity
L50
Wind Velocity
Mean Stream Depth ft.
Stream Width ft.
80
45
32
36
1351
35
64
4

Laboratory .Section
J County:
TRANSYLVANIA
River Basin
FRB
Report To
AROSP
Collector:
J CANTWELL
Region:
ARID
Sample Matrix:
WASTEWATER
Loc. Type:
EFFLUENT
Emergency Yes/No
COC Yes/No
{ Location ID: NC00001
�4 W A €�
G�� P
r � • -'C
V isitl D
Loc. Descr.: EXCELSIOR NC0000108
Collect Date: 1111712009 Collect Time:: 11:16
Sample Qualifiers and Comments
Sample ID:
A851925
PO Number #
9VV9561
Date Received:
11/19/2005
Time Received:
08:30
Labworks LoginlD
SMATHIS
Date Reported:
12/2/09
Report Generated:
12/02/2009
Sample Depth
Routine Qualifiers
For a more detailed description of these qualifier codes refer to www.dwqlab.org under Staff Access
A -Value reported is the average of two or more determinations
61-Countable membranes with <20 colonies; Estimated
N3-Estimated concentration is <PQL and >MDL
62- Counts from all filters were zero. -
NE -No established PQL
P-Elevated PQL due to matrix interference and/or sample dilution
83- Countable membranes with more than 60 or 80 colonies; Estimated
Q1-Holding time exceeded prior to receipt at lab.
64-Filters have counts of both >60 or 80 and < 20; Estimated
B5-Too many colonies were present; too numerous to count (TNTC)
Q2- Holding time exceed&l -61FQ ing? t;et h� grjk
ram-
=ti_
J2- Reported value failed to meet QC criteria for either precision or accuracy; Estimated
PQL- Practical QuaRGtahotj f i t Subject to cp�n �qf to irvs"ment sensitivity
R '-
y
U- Samples analyze for his compburi'd-but 66t detected
F
J3-The sample matrix interfered with the ability to make any accurate determination; Estimated
J6-The lab analysis was from an unpreserved or improperly chemically preserved sample; Estimated
ppppp! '. •
X1-Sample not analgzell r thi co�ou �'7
66 7*
v
'
7
N1-The component has been tentatively identified based on mass spectral library search and has an estimated value
IL��ryI
i' #' 7—
LAB
Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 7333908
r
D EC 15 2009
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
• i;�? "3'3C:,:;�;2 >. ,,RPage 1 of 2 _^ __ ... , .

Sample ID AB51925
XC IDWQ Laboratory Section Results
Location ID: NC0000108EXCELSIOR Collect Date: 1111712009
Loc. Descr.: EXCELSIOR NC0000108 Collect Time:: 11:15
Visit ID
CAS # Analyte Name PQL Result Qualifier Units Analyst/Date Approved By (Date
Sample temperature at receipt by lab 2.4 C HPARKER SMATHIS
Method Reference 11/19/09 11119/09
NUT
NH3 as N In liquid 0.02 15 mg/L as N MAJAYI CGREEN
Method Reference Lacl O-107-06-1-J 11/19/09 1212/09
Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 [phone] Page 2 of 2

DIVISION OF WATER QUALITY WATER QUALITY FIELD -LAB FORM (DMI) For Lab Use ONLY
COUNTY I
PRIORITY
SAMPLE TYPE
/
RIVERBASIN �� o
❑ AMg1ENT
❑ STREAM
EFFLUENT
REPORT ARO RO MRO RRO WaRO WiRO WSRO TS
AT BM
COMPLIANCE
❑ LAKE
❑ INFLUENT
Other
Shipped by: Bus, Courier Staft; Other
❑
EMERGENCY ❑ ESTUARY
COLLECTORS
Estimated BOD Range: 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATION:
Seed: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑
Lab Number:
I
Date Received:
pGj Time: b
Rec'd by:
DATA ENTRY BY:
From: Bus -Courier -Hand Del.
CK:
DATE REPORTED:
Station 6ate Begin (}y/mm/dd) Time Begin Date End Time End Depth DM DB DBM Value Type Composite Sample Type
A• H L T S B C G GNXX
1
BOD5 310 mJL
v
COD High 340 mJL
3
COD Low 335 mg/L
4
Coliform: MF Fecal 31616 /100ml
5
Coliform: MF Total-31504 /1001111
6
Coliform: Tube Fecal 31615 /100ml
7
Coliform: Fecal Strep 31673 /100m1
8
Residue: Total 500 mg/L
9
Volatile 505 mJL
10
Fixed 510 mg/L
11
Residue: Suspended 530 mJL
12
Volatile 535 mg/L
13
Fixed 540 mg/L
14
pH 403 units
15
Acidity to pH 4.5 436 mg/L
16
Acidity to pH 8.3 435 mg/L
17
Alkalinity to pH 8.3 415 mg/L
18
Alkalinity to pH 4.5 410 mg/L
19
TOC 680 mg/L
20
Turbidity 76 NTU
Chloride 940 mg/L
Chla70953 µg/L
Color: True 80 Pt -Co
Color:(pH ) 83 ADMI
Color:pH 7.6 82 ADMI
Cyanide 720 mg/L
Fluoride 951 mg/L
Formaldehyde 71880 mg/L
Grease and Oils 556 mg1L
Hardness Total 900 mg/L
Specific Cond. 95
MB AS 38260 mg/L
Phenols 32730 µg/L
Sulfate 945 mg/L
Sulfide 745 mg/L
NH3 as N 610 mg/L
TKN as N 625 mg/L
NO2 plus NO3 as N 630 mg/L
P: Total as P 665 mg/L
PO4 as P 665 mg/L
P: Dissolved as P 666 mg/L
Cd-Cadmium 1027 ltg/L
Cr-Chromium;Total 1034 µg/L
Cu-Copper1042 µg/L
Ni-Nickel 1067 µg1L
Pb-Lead 1051 µg/L
Zn-Zinc 1092 µg/L
Ag-Silver 1077 µg/L
Al Aluminum 1105 µg/L
Be -Beryllium 1012 ltg/L
Ca -Calcium 916 mg/L
Co -Cobalt 1037 µg/L
Fe -Iron 1045 µg/L
Li -Lithium 1132 µg/L
Mg -Magnesium 927 mg/L
Mn-Manganese 1055 lte/L
Na-Sodium 929 mg/L
Arsenic:Total 1002 ltgJL
Se -Selenium 1147 pg/L
Hg-Mercury 71900 µg/L
Organochlorine Pesticides
Organophosphorus Pesticides
Acid Herbicides
Base/Neutral Extractable Organics
Acid Extractable Organics
Purgeable Organics (VOA bottle req'd)
Phytoplanklon
Lab Use Only
Temperature on arrival:
Sampling Point %
Conductance at 25°C
Water Tem erature °C
D.O. mgL
PH
Alkalinity
Acidity
Air Temperature °C
H83 pH 4.5
pH4.5 pH8.3
2
4
0
300
400
82244 431
82243 82242
0
Salinity %o
Precipitation (in/day)
Cloud Cover %
Wind Direction (Deg)
Stream Flow Severity
Turbidity Severity
Wind Velocity
Mean Stream Depth ft.
Stream Width ft.
80
5
2
6
1351
1350
35
64
4

Fi'
DENR s
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor
Mr. Ron Shemesh, CEO
159 Babcock Co. LLC
1379 Old Rosman Highway
Brevard, North Carolina 28712
Dear Mr. Shemesh:
Director
November 6, 2009
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0152
Permit No. NC0000108
Excelsior Packaging Group WWTP
Transylvania County
A review of Excelsior Packaging Group's monitoring report for July 2009 showed the following violation:
Parameter
Date
Measuring Frequency
Violation
Flow
Week of 6/30/2009 -
7/04/2009
Weekly
Failure to Monitor Weekly
Secretary
It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been
marked "Non -Compliant" with an explanation of the reason for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for
this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 10
working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence
of similar situations.
If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerel
Roger C: Edward , Regionaf Supervisor
Surface Water Protection Section
%Sc _ D.WQ Asheville Fifes=
DWQ Central Files
Royal Water Works/ ORC
If'IIlS:,' V,Ini ! t 1 1 ls: r
o„�
Nor[hCarolina
Aatrrra!!y
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.org FAX [phone]

ROYAL WATER WORKS,;II
PO BOX 778, PISGAH FOREST, NC 28768
PHONE & FAX [phone]
CELL 828-506-5572
July 28, 2009
ROGER EDWARDS
NCDENR
ASHEVILLE REGIONAL OFFICE
NOV FOR EXCELSIOR PACKAGING GROUP
WW T P:NC0000JL08
E C
j f
AUG - 3 2009
C.
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE ?
FECAL LIMIT FOR 4/7/09 (870) WAS DUE TO CL2 TABS SWELLING AND JAMMED. PULL CL2 TUBE
OUT AND CLEAN, ALSO ADD NEW CL2 TABS. ANOTHER FECAL WAS TAKEN 4/9/09 (<1).
TOTAL RESIDUAL CHLORINE (TRC) WAS LEFT OUT BY ACCIDENT A AMENDED REPORT HAS BEEN
SENT.
WESLEY ROYAL

A74j;L
d «E UUVi,
NC®NR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor
Mr. Ron Shemesh, CEO
159 Babcock Co. LLC
1379 Old Rosman Highway
Brevard, North Carolina 28712
Dear Mr. Shemesh:
Director
July 16, 2009
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0110
Permit No. NC0000108
Excelsior Packaging Group WWTP
Transylvania County
Secretary
A review of Excelsior Packaging Group's WWTP monitoring report for March 2009 showed the following
violation:
Parameter
Date
Measuring
Frequency
Violation
Total Residual Chlorine (TRC)
03/14/2009
2 X / Week
Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it
should have been marked "Non -Compliant" with an explanation of the reason for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this
office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all
actions taken to prevent the recurrence of similar situations.
If you should have any.questions, please do not hesitate to contact Janet Cantwell at 828/2964500
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: 6W— 8h,euill'e:_Files E
DWQ Central Files
Royal Water Works/ ORC
G:1 PDATA\DEMWQ\Transylvania\00108 Excelsior\00108 NOV-2009-MV-0110.doc NorthCarolina
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone]

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
April 16, 2009
Mr. Ron Shemesh, CEO
159 Babcock Co. LLC
1379 Old Rosman Highway .
Brevard, North Carolina 28712
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0306
Permit No. NC0000108
Excelsior Packaging Group WWTP
Transylvania County
Dear Mr. Shemesh:
Dee Freeman
Secretary
A review of Excelsior Packaging Group's WWTP monitoring report for April 2009 showed the following
violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
Coliform, Fecal MF, M-FC
Broth,44.5C
04/07/09
400 #/100ml
870 #/100ml
Daily Maximum
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments
section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested
that a response be submitted: however, should you have additional information concerning the violations or comments
which you wish to present, please submit them to the attention of Janet Cantwell.
The Division of Water Quality may pursue enforcement action for this and any additional violations of State
law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc. D=WQ ��4shevlfle°,Fllesr a•. �
DWQ Central Files --==
Royal Water Works/ ORC
G:\WPDATA\DEMWQ\Transylvania\00108 Excelsior\00108 NOV-2009-LV-0306.doc onrt NhCarolina
�l!%111'Q��lf
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone]

m
Beverly Eaves Perdue
Governor
q. --L1 I L E e P-Y
MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins Dee Freeman
Director Secretary
April 6, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jim Kelly, Manager
159 Babcock Company LLC
1379 Old Rosman Highway
Brevard, North Carolina 28712
Subject: NOTICE OF VIOLATION
NOV-2009-PC-0311
Compliance Evaluation Inspection
Excelsior Packaging Group
Permit No. NC0000108
Transylvania County
Dear Mr. Kelly:
Enclosed please find a copy of the Inspection Report from the inspection conducted March
18, 2009. The Compliance Evaluation Inspection was conducted by Janet Cantwell of the Asheville
Regional Office. The treatment facility was found to be in violation of Permit NC0000108 for the
following:
Inspection Area
Compliance Issue
Part II, Section C. 1.of
the NPDES Permit
The ORC must: "Properly manage and document daily
operation and maintenance of the facility."
Please refer to the enclosed Inspection Report for any additional observations and
comments.
SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 One h r y .
Phone: [phone]\FAX: [phone]\Customer Service: 1-877-623-6748 NorthNorthl�,dT UlYf1�1
Internet: www,ncwaterguality.org ;Vatumlly

jr
Mr. Jim Kelly
April 6, 2009
Page Two
Remedial actions should be taken to correct this problem. The Division of Water Quality
may pursue enforcement action for this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in
writing to this office within fifteen (15) working days of receipt of this letter. You should address the
causes of noncompliance and all actions taken to prevent the recurrence of similar situations. If you
should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Attachment
67 ''C21As-hevint
umia
DWQ Central Files w/ attachment
Royal Water Works, Inc./ ORC w/ attachment
G:\WPDATA\DEMWQ\Transylvania\00108 Excel sior\NOV-2009-PC-0311.0000108.doc

United States Environmental Protection Agency
Form Approved.
E P n Washington, D.C. 20460
/�
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 INI 2 I5I 3I NC0000108 Ill 121 09/03/18 117 18ICI 19ISI 20I II
Remarks
21IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1IIIll16
Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA --------------------------- Reserved ----------------------
67I 169 701 I 711 I 72I NI 73I I 174 751 I I I I I I 180
w
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
02:50 PM 09/03/18
05/11/01
Excelsior Packaging Group
Exit Time/Date
Permit Expiration Date
NC Hwy 178
Rosman NC 26772
03:20 PM 09/03/18
10/09/30
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Jim Kelley,PO Box 458 Rosman NC 28772//828-662-4215/ No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit ® Operations & Maintenance H Records/Reports In Self -Monitoring Program
Facility Site Review ® Effluent/Receiving Waters
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Janet Cantwell � ARO WQ//828-296-4500 Ext.4667/ ® X
/
d
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
�j
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

NPDES yr/mo/day Inspection Type
3I N00000108 I11 12I 09/03/18 I17 181CI
(cont.) 1
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Wesley Royal/ ORC assisted in the inspection of this facility.
A review of the files indicates that the permit expires September 30, 2010. Please request a permit renewal
180 days prior to expiration.
Facility basins are in need of scraping and painting.
Ventilation covers for both blowers need replacement.
The log book was not up to date; the last entry was dated February 19, 2009. Three entries, one day in
each month of March & May of 2007 and one day in May 2008, were missing. The operator stated that a
backup operator was on duty on those three days.
There was no Annual Report or current NPDES permit available on site.
A copy of the current NPDES permit and the memo for the Annual Report (dated 10/19/1999) have been
sent to Mr. Royal.
Page # 2

Permit: NC0000108
Inspection Date: 03/18/2009
Owner - Facility: Excelsior Packaging Group
Inspection Type: Compliance Evaluation
Permit
Yes
No
NA
NE.
(If the present permit expires in 6 months or less). Has the permittee submitted a new application?
n
n
®
n
Is the facility as described in the permit?
®❑
❑
❑
# Are there any special conditions for the permit?
n
®❑
n
Is access to the plant site restricted to the general public?
®
❑
❑
❑
Is the inspector granted access to all areas for inspection?
0
n
n
n
Comment: A review of the files indicates that the permit expires September 30, 2010
. Please request a permit renewal 180 days prior to expiration.
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? M n ❑ n
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ®❑ ❑ ❑
Judge, and other that are applicable?
Comment: Facility basins are in need of scraping and painting.
Ventilation covers for both blowers need replacement.
Record Keeping
Yes
No
NA N
Are records kept and maintained as required by the permit?
❑
®❑
❑
Is all required information readily available, complete and current?
n
®
n n
Are all records maintained for 3 years (lab. reg. required 5 years)?
❑
n
❑
Are analytical results consistent with data reported on DMRs?
In
❑
❑
Is the chain -of -custody complete?
❑
❑
❑ !
Dates, times and location of sampling
❑
Name of individual performing the sampling
n
Results of analysis and calibration
❑
Dates of analysis
❑
Name of person performing analyses
n
Transported COCs
n
Are DMRs complete: do they include all permit parameters?
im
n
n n
Has the facility submitted its annual compliance report to users and DWQ?
❑
o
❑ ❑
(If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift?
n
n
® n
Is the ORC visitation log available and current?
❑
lW
❑ n
Is the ORC certified at grade equal to or higher than the facility classification?
10
❑
n n
Page # 3

r
Permit: NC0000108 Owner - Facility: Excelsior Packaging Group
Inspection Date: 03/18/2009 Inspection Type: Compliance Evaluation
Record Keeping Yes No NA_NE
Is the backup operator certified at grade less or greater than the facility classification? n n n
Is a copy of the current NPDES permit available on site? n ® n n
Facility has copy of previous year's Annual Report on file for review? n M n n
Comment: The log book was not up to date; the last entry was dated February 19,
2009. Three entries, one day in each month of March & May of 2007 and one day in
May 2008, were missing. The operator stated that a backup operator was on duty on
those three days.
There was no Annual Report or current NPDES permit available.
A copy of the current NPDES permit and the memo for the Annual Report (dated
10/19/1999) have been sent to Mr. Royal.
Aeration Basins
Yes
No_NA
NE
Mode of operation
Ext. Air
Type of aeration system
Diffused
Is the basin free of dead spots?
Eill
n
n
n
Are surface aerators and mixers operational?
n
In
is
n
Are the diffusers operational?
n
n
n
Is the foam the proper color for the treatment process?
®
n
n
n
Does the foam coverless than 25% of the basin's surface?
®
n
n
n
Is the DO level acceptable?
nnn®
Is the DO level acceptable?(1.0 to 3.0 mg/I)
nnnIN
Comment:
Secondary Clarifier
Yes
No
NA
NE
Is the clarifier free of black and odorous wastewater?
n
n
n
Is the site free of excessive buildup of solids in center well of circular clarifier.?
n
n
M
n
Are weirs level?
®
In
n
n
Is the site free of weir blockage?
an
r--i
'—'
r-a
'—'
n
' '
Is the site free of evidence of short-circuiting?
is
n
n
n
Is scum removal adequate?
im
n
n
n
Is the site free of excessive floating sludge?
iz
n
n
In
Is the drive unit operational?
n
n
o
n
Is the return rate acceptable (low turbulence)?
n
n
n
Is the overflow clear of excessive solids/pin floc?
n
n
n
Page # 4

1
Permit: NC0000108 Owner - Facility: Excelsior Packaging Group
Inspection Date: 03/18/2009 Inspection Type: Compliance Evaluation
Secondary Clarifier Yes No NA NE
Is the sludge blanket level acceptable? (Approximately''/ of the sidewall depth) fl ❑
Comment: Grass growing in the clarifier should be removed.
Disinfection -Tablet Yes No NA NE
Are tablet chlorinators operational?
0
n
n
n
Are the tablets the proper size and type?
M
❑
n
FI
Number of tubes in use?
1
Is the level of chlorine residual acceptable?
n
n
n
Is the contact chamber free of growth, or sludge buildup?
❑
11
Q
Is there chlorine residual prior to de -chlorination?
n
n
n
13
Comment:
De -chlorination
Yes
No
NA
NE
Type of system ?
Tablet
Is the feed ratio proportional to chlorine amount (1 to 1)?
0
n
n
n
Is storage appropriate for cylinders?
❑
❑
# Is de -chlorination substance stored away from chlorine containers?
®
D
n
n
Comment:
Are the tablets the proper size and type?
IR I
❑
❑
n
Are tablet de -chlorinators operational?
rg�
n
n
n
Number of tubes in use?
1
Comment:
Effluent Pipe
Yes
No
NA
NE
Is right of way to the outfall properly maintained?
®❑
❑
❑
Are the receiving water free of foam other than trace amounts and other debris?
n
❑
n
If effluent (diffuser pipes are required) are they operating properly?
iii
i 1
0
i i
Comment: The effluent discharge was clear
Page # 5

WA
Michael F. Easley, Governor
O�
William G. Ross Jr., Secretary .
Natural Resources
North Carolina Department of Environment and
�0'4Gy
j I [
Coleen H. Sullins, Director
,n
Division of Water Quality
=Y
Asheville Regional Office
SURFACE
WATER PROTECTION SECTION...:,:�,,��„�
,m-;
September 11, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7006 3450 0002 7064 0598
Mr. Jim Kelly, Manager
Excelsior Packaging Group
1379 Old Rosman Hwy.
Brevard, NC 28712
Subject: NOTICE OF VIOLATION
NOV-2007-LV-0461 ,
Permit No. NC0000108
Excelsior Packaging Group WWTP
Transylvania County
Dear Mr. Kelly:
A review of Excelsior Packaging Group's monitoring report for June 2007 showed the
following violations:
Parameter
Date
Limit Value
Reported Value
Limit Type
Coliform, Fecal MF,
400
460
Daily Maximum
M-FC Broth @ 44.5
06/19/07
colonies
colonies
Exceeded
degrees Celcius
per 100 ml
per 100 ml
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 US Hwy 70; Swannanoa, NC 28778 Phone [phone]
Internet: www.ncwatergualitV.org Customer Servicel-877-623-6748 FAX [phone]

Mr. Jim Kelly, Manager
Excelsior Packaging Group
September 11, 2007
Page 2 of 2
Remedial Actions:.
Remedial:.actions, if not already implemented, should be taken to correct any problem(s). The
permittee or operator is required to submit comments regarding noncompliance on the relevant
monthly discharge monitoring report (DMR). If the comments provided an adequate explanation for
the s_u-b)-ertviolation, it is not necessary/ to submit any further response
However, if corrective actions taken were not provided on the DMR or if you have additional
comments or information concerning the violation(s), please submit them to Wanda Frazier of this
office.
Technical Assistance:
The Asheville Regional Office has a Wastewater Treatment Plant Consultant available for technical
assistance to wastewater treatment plants (WWTP) and collection systems with operational
concerns. This service is free and non -regulatory to assist in the identification and correction of
operational problems. This service can be utilized for optimization of the operation of WWTPs and
collection systems. Should you have questions about this service, please contact Don Price at 828-
296-4500 extension 4656.
Special Order By Consent:
The Division of Water Quality may pursue enforcement actions for this and any additional
violations. If the violations are of a continuing nature and not related to operation and / or
maintenance problems, you may apply for a Special Order by Consent (SOC).. To be eligible, you
will be required to take corrective actions while implementing construction activities and pay a
stipulated upfront civil penalty. You may contact Jim Reid of this office for SOC additional
information.
If you should have any questions, please do not hesitate to contact me or Wanda Frazier in the
Asheville Regional office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: Wesley Royal - ORC
Bob Guerra, Western NODES Point Source Compliance Enforcement
DWQ Central Files
As; N - e. i U ffice 11c it le

N1ArF
�Q
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department Environment Natural Resources
Q, G
-_
of and
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
....r':.fyrt?rmieot[✓c.[+C..3�T .+Yy�-nc.'.a-r.`.3rpv�.
SURFACE WATER PROTECTION SECTION
August 30, 2007
Mr. Jim Kelley
Excelsior Packaging Group
PO Box 458
Rosman, NC 28772
SUBJECT: Compliance Sampling Inspection
Excelsior Packaging Group WWTP
Permit No: NC0000108
Transylvania County
Dear Mr. Kelley:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on August 29, 2007. The facility was found to be in compliance with
permit NC0000108.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff have any questions, please call me at 828-296-4500 extension 4662.
Sincerely,
6
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Wesley Royal, ORC
entral Files
s, , 4evlll Ilc�."�a
NNo ehCarolina
aturally
2090 US Hwy 70, Swannanoa, NC 28778 Telephone: [phone] Fax: [phone] Customer Service 1-877-623-6748

United States Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 INI 2 151 31 NC0000108 111 121 07/08/29 117 181gI 191s 20I II
�-JJ
Remarks
211 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 16
Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA --------------------------- Reserved ----------------------
671 1.0 169 70131 711 1 721 N I 73 LJJ 74 751 I I I 1 1 1 1 80
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
Excelsior Packaging Group
10:30 AM 07/08/29
05/11/01
Exit Time/Date
Permit Expiration Date
NC Hwy 178
Rosman NC 28772
11:05 AM 07/08/29
10/09/30
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
William Wesley Royal/ORC/828-884-9537/
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Jim Kelley,PO Box 458 Rosman NC 28772//828-862-4215/
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Operations & Maintenance ® Records/Reports ® Self -Monitoring Program
Facility Site Review Effluent/Receiving Waters
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
S;4dl; /4 Z AP 7
Signature of Management Q A Reviewer Age ncy/Office/P ne and Fax Numbers Date
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

NPDES yr/mo/day Inspection Type
3I NC0000108 I11 12I 07/08/29 1
17 18IS1
(cont.) 1 .
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Treatment Units / Process Control Testing / Effluent Data:
The activated sludge aeration basin process control data was as follows:
Temperature = 25.6 degrees Celcius
pH = 6.9 units
Dissolved Oxygen = 2.5 mg/I
Tip: The ideal level for dissolved oxygen in the aeration basin is generally 1 to 3 mg/I.
Seasonal changes in temperature require the adjustment of the aeration timer to achieve ideal
dissolved oxygen levels.
Settleable Solids = < 100 ml/I = < 10 %
The effluent data was as follows:
Dissolved Oxygen = no limit
pH = 7.1 units
Temperature = 24 degrees Celcius
Chlorine = <20 ug/I
Effluent samples were collected and submitted to the laboratory for analyses.
Records & Reports:
A review of the files indicates that the last compliance evaluation inspection was
conducted on 8-30-2005 by Larry Frost.
The permit expires on 9-30-2010. Please request a permit renewal 6 months prior to
expiration. A renewal notice will be mailed as a reminder.
The Annual Performance Report has been filed for the year and was on -site, along with a
complete copy of the current permit.
The log book was present on -site and had notation of daily events.
Operations & Maintenance / Summary:
The effluent appeared to be clear, indicating compliance with permit limits.
This facility appears to be well operated and maintained.
Page # 2

Permit: NC0000108
Owner - Facility: Excelsior Packaging Group
Inspection Date: 08/29/2007 Inspection Type: Compliance Sampling
The operator was on -site during the inspection and is doing a good job.
Page # 3

Permit: NC0000108 Owner - Facility: Excelsior Packaging Group
Inspection Date: 08/29/2007 Inspection Type: Compliance Sampling
Permit
Yes
No
NA
NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application?
n
n
Its
n
Is the facility as described in the permit?
■
n
n
n
# Are there any special conditions for the permit?
n
®
n
n
Is access to the plant site restricted to the general public?
®
n
n
n
Is the inspector granted access to all areas for inspection?
■
n
n
n
Comment:
Yaa
Nn
NA
NF
Type of bar screen
a.Manual
■
b.Mechanical
Are the bars adequately screening debris?
■
n
n
n
Is the screen free of excessive debris?
■
n
n
n
Is disposal of screening in compliance?
®
❑
❑
❑
Is the unit in good condition?
®
n
n
n
Comment:
Aeration Basins
Yes
No
NA
NE
Mode of operation
Ext. Air
Type of aeration system
Diffused
Is the basin free of dead spots?
■
n
n
n
Are surface aerators and mixers operational?
❑
n
®
n
Are the diffusers operational?
■
n
n
n
Is the foam the proper color for the treatment process?
■
n
Does the foam cover less than 25% of the basin's surface?
®
n
n
n
Is the DO level acceptable?
®
n
n
n
Is the DO level acceptable?(1.0 to 3.0 mg/1)
®
n
n
n
Comment:
Secondary Clarifier
Yes
No
NA
NE
Is the clarifier free of black and odorous wastewater?
■
❑
❑
n
Is the site free of excessive buildup of solids in center well of circular clarifier?
❑
❑
®
n
Are weirs level?
■
n
n
n
Page # 4

Permit: NC0000108
Inspection Date: 08/29/2007
Secondary Clarifier
Is the site free of weir blockage?
Is the site free of evidence of short-circuiting?
Is scum removal adequate?
Owner - Facility: Excelsior Packaging Group
Inspection Type: Compliance Sampling
Is the site free of excessive floating sludge?
Is the drive unit operational?
Is the return rate acceptable (low turbulence)?
Is the overflow clear of excessive solids/pin floc?
Is the sludge blanket level acceptable? (Approximately % of the sidewall depth)
Comment: Low solids
Disinfection -Tablet
Are tablet chlorinators operational?
Are the tablets the proper size and type?
Number of tubes in use?
Is the level of chlorine residual acceptable?
Is the contact chamber free of growth, or sludge buildup?
Is there chlorine residual prior to de -chlorination?
Comment:
De -chlorination
Type of system ?
Is the feed ratio proportional to chlorine amount (1 to 1)?
Is storage appropriate for cylinders?
# Is de -chlorination substance stored away from chlorine containers?
Comment:
Are the tablets the proper size and type?
Are tablet de -chlorinators operational?
Number of tubes in use?
Comment:
Operations & Maintenance
Is the plant generally clean with acceptable housekeeping?
Yes No NA NE
®nnn
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nano
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Yes No NA NE
®nnn
Page # 5

Permit: NC0000108
Inspection Date: 08/29/2007
Owner - Facility: Excelsior Packaging Group
Inspection Type: Compliance Sampling
Operations & Maintenance Yes No NA NE
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n
Judge, and other that are applicable?
Comment:
Effluent Sampling Yes No NA NE
Is composite sampling flow proportional?
Is sample collected below all treatment units?
Is proper volume collected?
Is the tubing clean?
Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)?
Is the facility sampling performed as required by the permit (frequency, sampling type representative)?
Comment:
Effluent Pipe
Is right of way to the outfall properly maintained?
Are the receiving water free of foam other than trace amounts and other debris?
If effluent (diffuser pipes are required) are they operating properly?
Comment:
Page # 6

Michael F. Easley, Governor
William G. Ross Jr., Secretary
o�oF WAr�9QG North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
t, Division of Water Quality
n?x. Asheville Regional Office
J' F
SURFACE WATER PROTECTION SECTION L E-z"'.—
June 6, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 7064 7870
Mr. Ron Shemesh, CEO
Excelsior Packaging Group
1379 Old Rosman Hwy.
Brevard, NC 28712
Dear Mr. Shemesh:
CERTIFIED MAIL :, ,-" I°
nnn=i
Subje; j
A review of Excelsior Packaging Group's wa
showed the following violation:
Parameter
Date
Limit Value
F
Fecal Coliform,
03/06/07
400
Membrane Filter,
colonies per
M-FC Broth @
100 ml
44.5'degrees Celcius
North Carolina Division of Water Quality 2090 US Hwy 70; Swannanoa, NC 28778
Internet: www.ncwatergualitv.org Customer Service 1-877-623-6748
Phone [phone]'
FAX [phone]

I
Mr. Ron Shemesh, CEO
Excelsior Packaging Group
June 6, 2007
Page 2 of 2
Remedial Actions:
Remedial actions, if not already implemented, should be taken to correct any problem(s). The
permittee or operator is required to submit comments regarding noncompliance on the relevant
monthly discharge monitoring report (DMR). If the comments provided an adequate explanation for
the subject violation, it is not necessary to submit any further response.
However, if corrective actions taken were not provided on the DMR or if you have additional
comments or information concerning the violation(s), please submit them to Wanda Frazier of this
office.
Technical Assistance:
The Asheville Regional Office has a Wastewater Treatment Plant Consultant available for technical
assistance to. wastewater _treatment. plants (WWTP) and collection systems with operational
concerns. This service Iis free aril non -regulatory to assist in the identification and correction of
operational problems. This service can be utilized for optimization of the operation of WWTPs and
collection systems. Should you have questions about this service, please contact Don Price at 828-
296-4500 extension 4656.
Special Order By Consent:
The Division of Water Quality may pursue enforcement actions for this and any additional
violations. If the violations are of a continuing nature and not related to operation and / or
maintenance problems, you may apply for a Special Order by Consent (SOC). To be eligible, you
will be required to take corrective actions while implementing construction activities and pay a
stipulated upfront civil penalty. You may contact Jim Reid of this office for SOC additional
information.
If you should have any questions, please do not hesitate to contact me or Wanda Frazier in the
Asheville Regional office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: Bob Guerra, Western NPDES Point Source Compliance Enforcement
Asheville Regional Office facility files
DWQ Central Files
Wesley Royal, ORC

ROYAL WATER WORKS, INC
39 PISGAH HWY - PO BOX 778 PISGAH FOREST, NC 28768
PHONE/FAX - 828-884-9537
CELL 828-506-5572
3/12/07
DWQ
ROGER EDWARDS
209OUS Hw 70
Swannanoa, NC 28 778
Subject: N.O.V. for December 2006 EXCELSIOR PACKAGING
Mr. Edwards
I was checking DMR N.O.V. for December 2006, for Excelsior Packaging, I found that I
left out results for chlorine residual on the dates in December 1,15, 22, & 29. Corrections
have been made in December 2006. A new report has been sent along with this letter.
If you have any questions please give me a call.
Yours truly,
�iJ��sl:, y Rv y al
DA,
I
' MAR 2 0 2007 '
WATER QUALITY SECTION
ASHEVILLE REGIUrJAI_ GFFICE

�dj
OF Wfit�9 hael as Eleye
, o�rnor"
��efaiy
�0'� QC North Carolina Department bf-Environment=and Natural -M ou ces
tom'- Alan W. Klimek, P.E. Director
- { Division of Water Quality
© `C
Asheville Regional Office
SURFACE WATER PROTECTION
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Ron Shemesh, CEO
March 5, 2007
7006 2150 0005 2459 7063
7006
159 Babcock Co LLC
1379 Old Rosman Hwy T
Brevard, North Carolina 28712 _Ei,
Subject: ;_o
I
7
Q
C,
p1,
'o
Dear Mr. Shemesh:
A review of Excelsior Packaging Group's moniti=
following violations: .-0
Parameter
Date
Meas
Frequ
Chlorine, Total Residual
12/02/06
2 X wE
Chlorine, Total Residual
12/16/06
2 X WE:
Chlorine, Total Residual
12/23/06
2 X WE.
Chlorine, Total Residual
12/30/06
2 X we
Remedial actions should betaken to correct this proble
enforcement action for this and any additional violatioi
„(CA
UM
Carefully review these violations and deficiencie N c
working days of receipt of this letter. You should ad( b c
actions taken to prevent the recurrence of similar siti h'
please do not hesitate to contact Mr. Larry Frost at (8'
cc: WQ Central Files
NPDES Unit
2150 0005 2459 7063
Sincerely,
�J
Roger C. Edwards, Regional Supervisor
Surface Water Protection
NorthCarolina
2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 Nawrallil

.:'+._... P.
- LABORATORY SECTION
May 31, 2006
MEMORANDUM
TO: Roger Edwards
Surface Water Protection Section, ARO
FROM: Gary W. Francies ..
Laboratory Section, ARO
SUBJECT: Sample Preservation, Holding Time Compliance Deficiency
Please be advised that Environmental Testing Solutions has analyzed Ammonia Nitrogen
samples, at the client's request, which were not properly preserved. Per 15A NCAC 2H .0805
(a) (7) (N) any time a sample is received which does not meet sample collection, holding time, or
preservation requirements, the laboratory must notify the sample collector or client and secure
another sample if possible. If another sample cannot be secured, the original sample may be
analyzed but the results reported on the Discharge Monitoring Report (DMR) must be qualified
with the nature of the infraction(s) and the laboratory must notify the State Laboratory about the
infraction(s).
The following information was supplied by: Environmental Testing Solutions
Client name: Royal Water.Works — Samples from Excelsior Packaging — Transylvania Co.
Contact person: Wes. Royal
Telephone: [phone]
Sample dates: 5/25/06 — Ammonia Nitrogen not preserved
5/30/06 — Ammonia Nitrogen Residual Chlorine present
The client has been notified by the enclosed letter. Please let me know if I can be of further
assistance.
If you have questions or need additional information contact me.
Attachment

s O�OCATLq
� r
o �c
May 31, 2006
5250
MR. WESLEY ROYAL
ROYAL WATERWORKS, INC.
P.O. BOX 778
PISGAH FOREST, NC 28768
Dear Mr. Royal:
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
We have been notified that on 5/30/06 you submitted samples from Excelsior Packaging for analysis of
Ammonia Nitrogen to Environmental Testing Solutions. At your request the samples were analyzed without
proper preservation. The 5/25/06 sample was not properly preserved and the 5/30/06 sample contained
Residual Chlorine.
Please be advised that under provisions of N. C. Regulations 15A NCAC .0805 (a) (7) (N), anytime a
laboratory receives samples that do not meet sample collection, holding time, or preservation requirements,
the laboratory must notify the sample collector or client and secure another sample if possible. If another
sample cannot be secured, the original sample may be analyzed but the results reported on the Discharge
Monitoring Report (DMR) must be qualified with the nature of the infraction(s), and the laboratory must
notify the State Laboratory about the infraction(s). The notification must include a statement indicating
corrective actions taken to prevent the problem for future samples.
We are requesting that you take the appropriate steps to avoid a reoccurrence of this in the future. All
sample preservation and holding requirements must be met in accordance with Federal Register, January 16,
2001; 40 CFR 136. Failure to comply with these requirements may result in enforcement action.
Thank you for your time and cooperation. I can be contacted at [phone] if you have questions.
Sincerely,
Gary Francies
Laboratory Section
cc: Asheville Regional Office
NAhCarolina
North Carolina Division of Water Quality, Laboratory Section 2090 US Highway 70 Swannanoa, NC 28778
Phone [phone] FAX [phone] Intemet: www.dwglab.org
An Equal Opportunity/Affirmative Action Employer
Customer Service
1-877-623-6748

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Coleen H. Sullins, Deputy Director
Division of Water Quality
May 31, 2006
Mr. Mike Bell
Director of Environmental Engineering
Coats North America
P.O. Box 670
Toccoa, Georgia 30577
Subject: Retraction of NOV-2006-LR-0037
Sylvan Plant -WWTP _
n Trarlsyhana.Cou� y
DES Permit NC0000108
Dear Mr. Bell:
On April 28, 2006, I issued a Notice of Violation ("NOV") against Coats America — Sylvan Plant
WWTP. The NOV was based upon a violation of the reporting requirement by failing to file the February
2006 discharge monitoring report with the Division of Water Quality within the thirty (30) day reporting
period. Subsequent to your receipt of the NOV, you contacted Division staff indicating Excelsior
Packaging Group has purchased the facility. The new ownership change notice was received in our office
on May 22, 2006 and is currently being processed.
After several telephone and email exchanges with yourself and the Asheville Regional Office, I have
withdrawn NOV-2006-LR-0037 against Coats America — Sylvan Plant WWTP for the cited violation and
directed that the record of this assessment be removed from our files.
If you have any questions about this matter, please contact Bob Guerra at [phone], extension 539.
Sincerely,
Robert Guerra
cc: Asheville Regional Office, Surface Water Protection
Central Files
E C E � V E
1 JUN - 2006
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
Noe Carolina
Nakrallry
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper

File Tasks Queries ,. Administration Help -- ..- ....-.--....---.-..__........_..... _.---._.. .. ...___
i
Related pern•rts SNi Oatfall ("'Wettc 9¢es Cammsnts' Hr torp Inspeciians Incidents F�tore monts tolai4cps
W Delal151 Details?yBETfng M,C'€aSstDas�lg»_-_ EvrAs"ty Reg:Aci(roities ", 3irutfures,_'� Art3ESatldns xRe+ alders'
Permit.: SN000007 Oti Version 2 0 r 'Status Atlive
Permii Type:.Industrial Process & Commercial YVastewater Discharge
Permit Classlfica6oniIntlrvidoat Primary Related Pemllr
.i 7„�,�._.. .,...�. .
Call from: Mike Bell [phone] x 2248
Re: Coats American Inc (Domestic wastewater only)
Sylvan Plant (Team 2 — minor facility)
NC0000108
Trans Co.
Plant Sold: Feb 3, 2006
To: Excelsior Packaging, NY
Mike Bell is no longer responsible as Director of
Environmental Engineering.
His last DMR was sent in January 2006.
Wesley Royal is still the ®RC (cell) 828-506-5572.
The plant did not have a discharge Feb. 2006.
He will send in a "No Flow" DMR for Feb. 2006.
Notes by: Wanda Frazier

■ 0 lete items 1, 2, and 3. Also complete
it If Restricted Delivery is desired.
■ P . , our name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailoiece.
North Carolina Department of%Erivlrornental Awe
Tk
Division of Water Resources ':.
Water Quality Regional Operations.Secton
2090 U.S. Highway 70 .,
Swannanoa, North Carolina 28778
Jim Kelley, General Manager
New Excelsior, Inc.
1379 Old Rosman Highway
Brevard, NC 28712
A. Sig t
X ❑ Agent
❑ Addresses
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UNITED ST) First -Class Mail
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1671
JANI 'ANTWELL
NcDEQ DWR.WQROS 1z'
2090U.S. HIGHWAY70
SW4NNANOA NC 28773 4e
C-D

Nort�olina Department of Environmental Quality
Divis f Water Resources
Water Quality Regional Operations Section
2090 U.S. Highway 70
Swannanoa, North Carolina 28778
Jim Kelley, General Manager;
New Excelsior, Inc. t`
1379 Old Rosman Highway
Brevard, NC 28712 ,
3. Service
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UNITED STATES POSTAL SERVICE
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° Sender: Please print your name, address, and 2]P+40inthis bor°
JANET CA ELL
2090 U.S. HIGHWAY 70
��`�� q/ �

North Carolina Department of Environmental Quality
Division of Water Resources
Water Quality Regional Operations Section
2090 U.S. Highway 70
Swannanoa, North Carolina 28778
Jim Kelley, General Manager
New Excelsior, Inc.
1379 Old Rosman Highway`
Brevard, NC 28712
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UNITED STATES: P.q,,r IAC3tr.
First -Class Mail
Postage & Fees F
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4® in this box•
JANET CANTYJELL
NCDEO-0WR-WORDS
2090 V.S. HIGHWAY 70
SWANNANOA NC 28778
111111111111111111 pill

■ Cete items 1, 2, and 3.
■ Prl our name and address on the reverse
so that we can return the card to you.
Jim Kelley, General Manager
�l�f�`xcelsicir, Inc.
3re-v red, NCM-871-2
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UV, 2D1 #1 - 1_ 1/. /)0 qb Domestic Return

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Permit No. G-10
9590 9402 1846 6104 5560 46
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United States
Postal Service
• Sender: Please print your name, address, and ZIP+4® in this box*
[r JANET CANiWEU
NCDEO-0WR•WGROS
2080 U.S. HIGHWAY TO
jf. SWANNANOANC28778
t
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so that we can return the card to you. /500 Addressee
_R_ eceive by n e ame) C. DgQ of Delivery
Jim Kelley, General Manager
New Excelsior, Inc.
1379 Old Rosman Highway
Brevard, NC 28712
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JANET CANTWELL
NCDE043 R-WOROS
2090 U.S. HIGHWAY 70
SWANNANOA NC 28778
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North Carolina Department of
Environment and Natural Resources
2090 U.S. Highway 70, Swannanoa, Nc 28778
'A KECLY, 1k1ANAGER
'EXCELSIOR""PACKAGING GROUP
' 1379 OLDAOSMAI4 HIGHWAY
BREVARD NC 28712
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SWANNANGA W; 28778

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Certified Mail # 7016 1370 000165719130
Return Receipt Requested
May 15, 2017
Jim Kelley
New Excelsior Inc
1379 Old Rosman Hwy
Brevard, NC 28712
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2017-LV-0342
Permit No. NC0000108
New Excelsior WWTP
Transylvania County
Dear Permittee:
A review of the March 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample
Limit
Reported
Location '
Parameter
Date
Value
Value
Type of Violation
003 Effluent
Solids, Total Suspended -
3/9/2017
45
77.3
Daily Maximum Exceeded
Concentration (CO530)
003 Effluent
Solids, Total Suspended -
3/16/2017
45
470
Daily Maximum Exceeded
Concentration (C0530)
003 Effluent
Solids, Total Suspended -
3/21/2017
45
74.7
Daily Maximum Exceeded
Concentration (C0530)
003 Effluent
Solids, Total Suspended -
3/23/2017
45
47
Daily Maximum Exceeded
Concentration (CO530)
003 Effluent
Solids, Total Suspended -
3/27/2017
45
51.8
Daily Maximum Exceeded
Concentration (C0530)
003 Effluent
Solids, Total Suspended -
3/31/2017
30
101.46
Monthly Average Exceeded
Concentration (CO530)
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-2964500

A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North. Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not
more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails
to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Discharge
Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the
violations. If no response is received in this Office within the 10-day period, a civil penalty
assessment may be prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
Additionally and if you have not already done so, you may wish to consider registering to use the Division's new
e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs).
For more information, please visit the eDMR Website at the following address:
http://portal.ncdenr.org/web/wg/admin/bogLRu/edmr.
If you have any questions concerning this matter or to apply for an SOC, please contact Timothy Heim of the
Asheville Regional Office at 828-296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
G:\WR\WQ\Transylvania\Wastewater\Minors\Excelsior 00108\NOV-NOI-2017-LV-0342.Docx
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

July 10, 2017
Jim Kelley
New Excelsior Inc
1379 Old Rosman Hwy
Brevard, NC 28712
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NC0000108
New Excelsior Inc
New Excelsior WWTP
Case No. LV-2017-0215
Transylvania County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $666.62 ($550.00 civil penalty +
$116.62 enforcement costs) against New Excelsior Inc.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by New Excelsior Inc for the month of March 2017. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0000108. The
violations, which occurred in March 2017, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that New Excelsior Inc violated the terms, conditions or
requirements ofNPDES WW Permit No. NC0000108 and G.S. 143-215.1(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson;
P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against New
Excelsior Inc:
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

the
If you wish to contest any statement in the attached assessment document you must file a petition for an ad
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the .
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considere,
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Admim7
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - prove.
the signed original, one (1) copy and a filing fee (if a filing fee is required byNCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing_ process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on 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 Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at [phone] or via email [e-mail].
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Asheville Regional Office - Enforcement File',
NPDES Co pliance/1�if�ement'Umt �Enforcement,F��i�e�.
G:\ WR\W Q:Traiury44;viialW aste,varer`•IrLnora4Excelsior 00108\LV-20 L7-02I5.rtf

JUSTIFICATION FOR REMISSION REQUEST
LV-2017-0215
New Excelsior Inc
V0000108
County: Transylvania
Amount Assessed: $666.62
rm when requesting remission of this civil penalty. You must also complete the 'Request For, Remission,
o an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to'the reasonableness'of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements. contained in the civil penalty assessment document. Pursuant to N.C.G.S.' § 143B-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

I
Track Another Package +
Tracking Number 7016137000016,1
Name7i
please enter the follo�ving dates in BIMS (YM sorry! And
BIMS Certified Letter
tracking dates:
date enforcement sent
date enforcement rec'd & signed
Your ftern was delivered to the front desk or reception area
at 1:17 pni on July 17, 2017 in BREVARD, NC 28712.
Tracking History
Product Information
ZkT atus
(D%/ Delivered
July 17,2017 at 1:17 pm
Delivered, Front DeskfReception
BREVARD, NC 28712
Delivered

Certified Mail # 7016 1370 0001'65719130
Return Receipt Requested
May 15, 2017
Jim Kelley
New Excelsior Inc
1379 Old Rosman Hwy
Brevard, NC 28712
a
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2017-LV-0342
Permit No. NC0000108
New Excelsior WWTP
Transylvania County
Dear Permittee:
A review of the March 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample
Limit Reported
Location
Parameter
Date Value Value Type of Violation
003 Effluent
Solids, Total Suspended -
3/9/2017 45 77.3 Daily Maximum Exceeded
Concentration (CO530)
003 Effluent
Solids, Total Suspended -
3/16/2017 45 470 Daily Maximum Exceeded
Concentration (C0530)
003 Effluent Solids, Total Suspended - 3/21/2017 45 74.7 Daily Maximum Exceeded
Concentration (C0530)
003' Effluent Solids, Total Suspended - 3/23/2017 45 47 Daily Maximum Exceeded
Concentration (CO530)
003 Effluent Solids, Total Suspended - 3/27/2017 45 51.8 Daily Maximum Exceeded
Concentration (CO530)
003 Effluent Solids, Total Suspended - 3/31/2017 30 101.46 Monthly Average Exceeded
Concentration (C0530)
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, N.G28778
Q)u_')or-Aann

A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not
more than twenty-five thousand dollars ($25,000.00) may be. assessed against any person who violates or=fails
to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
i
143-215.1.
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice., A
review of your response will be considered along with any information provided on the submitted Discharge
Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the
violations. If no response is received in this Office within the 10-day period, a civil penalty
assessment may be prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
Reminder: Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional.
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
Additionally and if you have not already done' so, you may wish to consider registering to use the Division's new
e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs).
For more information, please visit the eDMR Website at the following address:
http://portal.ncdenr.ora/web/w-q/admin/bog/ipu/edmr.
If you have any questions concerning this matter or to apply for an SOC, please contact Timothy Heim of the
Asheville Regional Office at 828-296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional, Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
QS she ', I�-'Rog'i"'"" al C3-eicf`''e - —n orcem n ilea
PDES Compliance/Enforcement Unit - Enforcement File
G:\WR\WQ\Transylvania\Wastewater\Minors\Excelsior 00108\NOV-NOI-2017-LV-0342.Docx
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

Certified Mail # 7016 1370 0001 6571 8836
Return Receipt Requested
July 10, 2017
Jim Kelley
New Excelsior Inc
1379 Old Rosman Hwy
Brevard, NC 28712
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NC0000108
New Excelsior Inc
New Excelsior WWTP
Case No. LV-2017-0215
Transylvania County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $666.62 ($550.00 civil penalty +
$116.62 enforcement costs) against New Excelsior Inc.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by New Excelsior Inc for the month of March 2017. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0000108. The
violations, which occurred in March 2017, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that New Excelsior Inc violated the terms, conditions or
requirements of NPDES WW Permit No. NC0000108 and G.S. 143-215.l(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson;
P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against New
Excelsior Inc:
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

$300.00
$250.00
3 of the 5 violations of-143-215.1(a)(6) and Permit No.NC0000108, by discharging was
the waters of the State in violation of the Permit Daily Maximum for TSS - Cone.
1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0000108, by discharging was
the waters of the State in violation of the Permit Monthly Average for TSS - Conc.
$550.00 TOTAL CIVIL PENALTY
$116.62 Enforcement Costs
$666.62 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

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

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided'
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on 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 Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at [phone] or via email [e-mail].
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
Ci\F5'R`d�'Q1Transyly;uiia\1�'a,ta��-arer�l4inory,EsceisiorOW08%..LV 2017-0215.rtf

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2017-0215
Assessed Party: New Excelsior Inc
Permit No.: NC0000108
County: Transylvania
Amount Assessed: $666.62
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware, that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i. e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF TRANSYLVANIA
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
New Excelsior Inc
New Excelsior WWTP
PERMIT NO. NC0000108
DEPARTMENT OF ENVIRONMENTAL (
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2017-0215
Having been assessed civil penalties totaling $666.62 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated July 10, 2017, the undersigned, desiring to seek remission of the civil penalty, does hereby waive
the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the
day of
ADDRESS
0
TELEPHONE
SIGNATURE
20

ATTACHMENT A
New Excelsior Inc
CASE NUMBER: LV-2017-0215
PERMIT:
NC0000108
REGION:
Asheville
FACILITY:,
New Excelsior WWTP
COUNTY:
Transylvania
LIMIT VIOLATION(S)
SAMPLE LOCATION:
Outfall 003 - Effluent
Violation
Report
Unit of
Limit Calculated
% Over
Violation
Penalty
. Date
MonthNr
Parameter
Frequency Measure
Value
Value
Limit
Type
Amount
3/9/2017
3-2017
Solids, Total
Weekly
mg/I
45
77.30
71.8
Daily
$100.00
Suspended-
Maximum
Concentration
Exceeded
3/16/2017
3-2017
Solids, Total
Weekly
mg/I
45
470
944.4
Daily
$100.00
Suspended-
Maximum
Concentration
Exceeded
3/21/2017
3-2017
Solids, Total
Weekly
mg/I
45
74.70
66.0
Daily
$100.00
Suspended-
Maximum
Concentration
Exceeded
3/23/2017
3-2017
Solids, Total
Weekly
mg/I
45
47
4.4
Daily
$0.00
Suspended-
Maximum
Concentration
Exceeded
3/27/2017
3-2017
Solids, Total
Weekly
mg/1
45
51.80
15.1
Daily
$0.00
Suspended-
Maximum
Concentration
Exceeded
3/31/2017
3-2017
Solids, Total
Weekly
mg/I
30
101.50
238.2
Monthly
$250.00
Suspended-
Average
Concentration
Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File)
� Excelsior Inc
New Excelsior WWTP
Permit Number: NC0000108
County:. Transylvania
Case Number: LV-2017-0215
ASSESSMENT FACTORS
factors set out in G.S. 143B-282.1(b), which are:
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
2) The duration and gravity of the violation;
Five Daily Max TSS's exceeded the permit limit by 71.77%, 944.44%, 66%, 4.44% & 15.11 %.
One Monthly Average TSS exceeded the permit limit by 238.20%.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved is unknown.
The amount of money saved would include the cost of excess solids removal and additional aeration. It
would also include more operating and maintenance time on site and the cost of additional chemical
treatment.
The amount of money saved would include the cost of collection of the additional samples and the cost of
analyzing them at a certified lab.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
There have been three civil penalty enforcements in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$116.62
Date G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

C0000108
Excelsior WWTP
Lcelsior Inc
eDMR PERIOD: 03-2017 (March 2017)
PERMIT VERSION: 4.0
CLASS: WW-2
ORC: Danielle Ann Hunter
ORC HAS CHANGED: No
VERSION: 1.0
PERMIT STATUS: Active
COUNTY: Transylvania
ORC CERT NUMBER: 23477
STATUS: Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 003 NO DISCHARGE*: NO
v
�
e
e
fl
e
u,
a
O
r
A
a
a
Z
50050
00010
00400
50060
C0310
C0610 /
C0530
31616
Weekly
Weekly
2Xmonth
2Xweek
Weekly
Weekly
Weekly
Weekly
Instantaneous
Grab
Grab
Grab
Grab
Grab
Grab
Grab
FLOW
TEMP-C
pH
CHLORINE
ROD co-
NH3-N-Cone
TSS-C c
FCOLI DR
2400 dock
Hrs
2400 dock
Hrs
Y/D!N
mgd
deg c
an
ug/1
mg/1
mg/l,
mg/1
#/100ml
1
1355
.42
Y
2
1345
.55
Y
< 15
3
1300
.38
Y
16
12.4
1.16
40
<4
4
5
6
1440
.43
Y
0.0029
17
6
< 15
7
1415
.4
Y
8
1410
.43
Y
9
1325
.45
Y
<15
3.33
3.51
77.3
<4
10
1235
.3
Y
s
11
1z
13
1445
.5
Y
0.0032
14
6
< 15
14
1405
.4
Y
6.3
15
1430
.45
Y
1333
.75
Y
17
6.6
<15
19.9
1.16
0.427
470
<4
17
1320
.35
Y
6.3
18
19
20
1405
.67
Y
0.0046
17
7
< 15
21
1405
.5
Y
17
19.9
0.525
74.7
<4
22
1435
.43
Y
23
1325
.42
Y
17
< 15
47
24
1305
.42
Y
25.2
25
26
t
s2
27
1355
.45
Y
0.0037
18
6
<15
3.64
0.292
51.6
<2
28
1330
.45
Y
18
25.7
29
1440
.33
Y
30
1335
.33
Y
31
1
1
1215
1.4
1 Y
< 15
Monthly Average Limit:
0.015
30
30
200
Monthly Average:
0.0036
16.777778
0
11.834
1.1828
101.4625
1
Daily Maximum:
0.0046
18
7
0
19.9
3.51
470
0
DailyMinimum:
0.0029
14
6
10
13.33
0.292
25.2
10
****NoReporting Reason: ENFRUSE=No Flow-Reuse/Recycle; ENVWTHR=No Visitation- Adverse Weather; NOFLOW=No Flow; HOLIDAY =NoVisitation -Holiday
� � .Wos-
1 �✓-mil �p - kV`, b-14

NPDES PERMIT NO.: NC0000108
FACILITY NAME: New Excelsior WWTP
OWNER NAME: New Excelsior Inc
GRADE: WW-2
eDMR PERIOD: 03-201.7._(March2DJ.7
CO CE STATUS: Compliant
PERMIT VERSION: 4.0
CLASS: WW-2
ORC: Danielle Ann Hunter
ORC HAS CHANGED: No
VERSION: 1.0
CONTACT PHONE #: [phone]
PERMIT STATUS: Active
COUNTY: Transylvania
ORC CERT NUMBER: 23477
STATUS: Processed
SUBMISSION DATE: 04/17/2017
04/17/2017
ORC/Certifier Signature: Danielle Hunter E-Mail:[e-mail] Phone #:[phone] Date
By this signature, I certify that this report is accurate and complete to the best of my knowledge.
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment.
Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the permittee becomes aware of the circumstances.
If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part II.E.6 of
the NPDES permit.
04/17/2017
Permittee/Submitter Signature:*** Juanita James E-Mail:[e-mail] Phone #:[phone] Date
Permittee Address: 1379 Old Rosman Hwy Rosman NC 28772 Permit Expiration Date: 09/30/2020
I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the
system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for
knowing violations.
CERTIFIED LABORATORIES
LAB NAME: James & James Environmental Mgt., Inc.
CERTIFIED LAB #: 482
PERSON(s) COLLECTING SAMPLES: Shannon James
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Unit [phone] or by visiting http://portal.nedenr.org/web/wq/swp/ps/npdes/forms.
FOOTNOTES
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR
for entire monitoring period.
** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204.
*** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B
.0506(b)(2)(D).

NO.: NC0000108
V
ME: NewExcelsior WWTP
: New Excelsior Inc
GRADE: WW-2
eDMR PERIOD: 03-2017 (March 2017)
PERMIT VERSION: 4.0
CLASS: WW-2
ORC: Danielle Ann Hunter
ORC HAS CHANGED: No
VERSION: 1.0
PERMIT STATUS: Active
COUNTY: Transylvania
ORC CERT NUMBER: 23477
STATUS: Processed
Report Comments:
On the 3rd and 16th, BOD data valid; Blank was >0.20mg/L. On the 3rd, BOD data valid; GGA was greater than 228.5mg/L. On the 9th and 27th, BOD data valid; RPD>30%.
Your facility exceeded the permit discharge limits on the items listed below:
TOTAL SUSPENDED SOLIDS 47.0 mg/1 on the 16th
47.0 mg/1 on the 21 st
Compliant Monthly Average
This gave two daily maximum violation and did not give a monthly violation. We determined that the cause of the violation was probably due to the facility having inflow of
rainwater and heavy solids. The facility was pumped and the system regained compliance immediately.
You may receive a fine for this violation.

Certified Mail # 70161370 0001 6571 8829
Return Receipt Requested
July 10, 2017
Jim Kelley
New Excelsior Inc
1379 Old Rosman Hwy
Brevard, NC 28712
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215. 1 (a)(6)
and NPDES WW Permit No. NC0000108
New Excelsior Inc
New Excelsior WWTP
Case No. LV-2017-0214
Transylvania County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $366.62 ($250.00 civil penalty +
$116.62 enforcement costs) against New Excelsior Inc.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by New Excelsior Inc for the month of February 2017. This review has shown the subject facility to be
in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. N.00000108. The
violations, which occurred in February 2017, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that New Excelsior Inc violated the terms, conditions or
requirements of NPDES WW Permit No. NC0000108 and G.S. 143-215.1(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty maybe assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson,
P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against New
Excelsior Inc:
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

$0.00 0 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0000108, by discharging was
the waters of the State in violation of the Permit Daily Maximum for TSS - Conc.
$250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.N00000108, by discharging was
the waters of the State in violation of the Permit Monthly Average for TSS - Conc. .
$250.00 TOTAL CIVIL PENALTY
$116.62 Enforcement Costs
$366.62 . TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth.at G.S. 143B-282. 1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

2: Subunit a written request for remission or mitigation including a detailed justification for such
lease be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted,. and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one -or more of the civil penalty assessment factors in NCGS 143B-282. I (b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing, The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty Q 0) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center .
Raleigh, North Carolina 27699-1617

Option 3:. --File a petition -for -an administrative hearingwiththe Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administra
hearing.. You may obtain the petition form from the Office of Administrative Hearings. You must file.the petition
the Office of Administrative Hearings within thirty (3 0) 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 (withxestrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on 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 Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at [phone] or via email [e-mail].
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: 1, sh ille-Re i-onalfi ff En-forcement File "
NPDES Compliance/Enforcement Unit - Enforcement File
G.lq R dVQiTransylvania;41'ast��ater'blinors Excelsior 001081,LV-2017-0214.rif

JUSTIFICATION FOR REMISSION REQUEST
ILV-2017-0214
New Excelsior Inc
'C0000108
County: Transylvania
Amount Assessed: $366.62
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF. TRANSYLVANIA
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
New Excelsior Inc
New Excelsior WWTP
PERMIT NO. NC0000108
DEPARTMENT OF ENVIRONMENTAL
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2017-0214
Haying been assessed civil penalties totaling $366.62 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated July 10, 2017, the undersigned, desiring to seek remission of the civil penalty, does hereby waive
the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document: The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (3 0) days of receipt of the notice -
of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
New Excelsior Inc
CASE NUMBER: LV-2017-0214
IT: NCO060108
REGION:
Asheville
CILITY: New Excelsior WWTP
COUNTY:
Transylvania
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 003 - Effluent
Violation Report
Unit of
Limit
Calculated % Over
Violation
Penalty
Date Month/Yr Parameter
Frequency Measure
Value
Value Limit
Type
Amount
2/20/2017 2-2017 Solids, Total
Weekly, mg/I
45
50.80 12.9
Daily
$0.00
Suspended-
Maximum
Concentration
Exceeded
2/28/2017 2-2017 Solids, Total
Weekly mg/I
30
37.50 25.1
Monthly
$250.00
Suspended-
Average
Concentration
Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File)
New Excelsior Inc
Name: New Excelsior WWTP
rnit Number: NC0000108
inty: Transylvania
e Number: LV-2017-0214
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private properly
resulting from the violation;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
2) The duration and gravity of the violation;
One Daily Max TSS exceeded the permit limit by 12.88%.
One Monthly Average exceeded the permit limit by 25.11%.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved is unknown.
The amount of money saved would include the cost of excess solids removal and additional aeration. It
would also include more operating and maintenance time on site and the cost of additional chemical
treatment.
The amount of money saved would include the cost of collection of the additional samples and the cost of
analyzing them at a certified lab.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
There have been two civil penalty enforcements in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$116.62
c"-1 • I( • I I -
Date
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

3.: NC0000108
New Excelsior WWTP
02-2017 (February 2017)
PERMIT VERSION: 4.0
CLASS: WW-2
ORC: Danielle Ann Hunter
ORC HAS CHANGED: No
VERSION: 1.0
PERMIT STATUS: Active
(P�e
COUNTY: Transylvania
ORC CERT NUMBER: 23477
STATUS: Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE lit®.: 003 NO DISCEAItGE*: NO
C
e'
Cg
e
F'
tltl
E
b
E
g
g
z
O
a
a
Z
50050
00010
00400
50060
C0310
/
C0610
C0530
31616
Weekly
Weekly
2 X month
2 X week
Weekly
Weekly
Weekly
Weekly
Instantaneous
Grab
Grab
Grab
Grab
Grab
Grab
Grab
FLOW
TEMP-C
PH
CHLORINE
BOD - Cane
NH3-N - Come
T., one
FCOLI BR
2400 clock
Hrs
2400 clock
Hrs
Y/"
mgd
deg a
su
ug/l
mg/1
mg/1
mg/1
#/100m1
1
1440
0.33
Y
2
1251
0.38
Y
< 15
3
1215
0.33
Y
4
5
6
1400
0.45
Y
0.0028
15
6
<15
<2
0.279
34.7
<2
7
1500
0.3
Y
8
1435
0.4
Y
9
1300
0.53
Y
< 15
10
1317
0.3
Y
11
12
13
1356
0.38
Y
0.0017
16
6.1
<15
9.58
0.366
27.1
<2
14
1400
0.35
Y
15
1350
0.33
Y
16
1310
0.4
Y
< 15
17
1307
0.33
Y
18
19
20
1405
0.4
Y
0.0021
17
6
< 15
-< 2
10.728,
50.8 ti
< 1
21
1400
038
Y
n
1427
0.3
Y
23
1350
0.38
Y
< 15
24
1317
0.33
Y
25
26
27
1450
0.38
Y
0.0022
is
6
<15
28
1343
0.4
Y
Monthly Average Limit:
0.015
30
30
200
Monthly Average:
0.0022
15.75
0
3.193333
0.457667
37.53333 -
1
Daily Maximum:
0.0028
17
6.1
0
9.58
0.728
50.8
0
Daay Mi❑immm:
0.0017
115
16
0
10
10.279
127.1
0
****NoReporting Reason: ENFRUSE=NoFlow-Reuse/Recycle; ENVWTHR=No Visitation- Adverse Weather; NOFLOW=No Flow; HOLIDAY =NoVisitation -Holiday
/maI --:.q
Y
U�'

NPDES PERMIT NO.: NC0000108
FACILITY NAME: New Excelsior,WWTP
OWNER NAME: New Excelsior Inc
GRADE: WW-2
eDMR PERIOD: 02-2017 (February_ 2017)
COMPLIANCE;STA�mpliant
PERMIT VERSION: 4.0
PERMIT STATUS: Active
CLASS: WW-2
COUNTY: Transylvania
ORC: Danielle Ann Hunter
ORC CERT NUMBER: 23477
ORC HAS CHANGED: No
VERSION: 1.0
STATUS: Processed
CONTACT PHONE #: [phone]
SUBMISSION DATE: 03/13/201,
ORC/Certifier Signature: Danielle Hunter E-Mail:[e-mail] Phone #:[phone] Date
By this signature, I certify that this report is accurate and complete to the best of my knowledge.
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment.
Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the permittee becomes aware of the circumstances.
If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part II.E.6 of
the NPDES permit.
03/13/2017
Permittee/Submitter Signature:*** Juanita James E-Mail:[e-mail] Phone #:[phone] Date
Perm ittee Address: 1379 Old Rosman Hwy Rosman NC 28772 Permit Expiration Date: 09/30/2020
I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the
system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for
knowing violations.
LAB NAME: James & James Environmental Mgt., Inc.
CERTIFIED LAB #: 482
PERSON(s) COLLECTING SAMPLES: Danielle Hunter
CERTIFIED LABORATORIES
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Unit [phone] or by visiting http://portal.nedenr.org/web/wq/swp/ps/npdes/forms.
FOOTNOTES
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR
for entire monitoring period.
** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204.
*** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B
.0506(b)(2)(D)•

10.; NC0000108
: New Excelsior WWTP
New Excelsior Inc
02-2017 (February 2017)
PERMIT VERSION: 4_0
CLASS: WW-2
ORC: Danielle Ann Hunter
ORC HAS CHANGED: No
VERSION: L0
PERNHT STATUS: Active
COUNTY. Transylvania
ORC CERT NUMBER: 23477
STATUS: Processed
,eport Comments:
On the 6th, 13th and 20th BOD data valid; blank was >0.20mg/L. On the 13th, BOD data valid; GGA was greater than 228.5mg/I..
This facility exceeded the permit discharge limits on the following items: Total Suspended Solids, 50.8mg/L on the 20th, with a monthly average of 37.53mg1L. This gave one
daily maximum violation and did give a monthly violation. We determined that the cause of the violation was probably due to the facility having inflow of rainwater and heavy
solids. The facility was pumped and the system regained compliance immediately.

LISPS Tracking'
Track Another Package +
Tracidng

u
Certified Mail # 7016 1370 0001 65718829
Return Receipt Reg uested
July 10, 2017
Jim Kelley
New Excelsior Inc
1379 Old Rosman Hwy
Brevard, NC 28712
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NC0000108
New Excelsior Inc
New Excelsior WWTP
Case No. LV-2017-0214
Transylvania County
Dear Permittee:
niE
LWi'L'C�4T� ,
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $366.62 ($250.00 civil penalty +
$116.62 enforcement costs) against New Excelsior Inc.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by New Excelsior Inc for the month of February 2017. This review has shown the subject facility to be
in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0000108. The
violations, which occurred in February 2017, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that New Excelsior Inc violated the terms, conditions or
requirements of NPDES WW Permit No. NC0000108 and G.S. 143-215.1(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty maybe assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).-
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson,
P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against New
Excelsior Inc:
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

$0.00
$250.00
0 of the 1 violations of 143-215.1(a)(6) and Permit No.N00000108, by discharging wa:
the waters of the State in violation of the Permit Daily Maximum for TSS - Conc.
1 of the 1 violations of 143-215. 1 (a)(6) and Permit No.NC0000108, by discharging wa:
the waters of the State in violation of the Permit Monthly Average for TSS - Conc.
$250.00 TOTAL CIVIL PENALTY
$116.62 Enforcement Costs
$366.62 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282. 1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Submit a written request for remission or mitigation including a detailed justification for such
vare that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings
If you wish to contest any statement in the attached assessment document you must file a petition for an a
hearing. You may obtain the petition form from the Office. of Administrative Hearings. You must file t
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 or one (1) copy and a filing fee (if a filing fee is required by NCGS § 150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on 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 Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at [phone] or via email [e-mail].
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
G iWR`d\'Q+Sra�uVlvnniariMas.an•ater�\Iinors�Escelsior 00108U,V-2017-0214.rtf

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2017-0214
Assessed Party: New Excelsior Inc
Permit No.: NC0000108
County: Transylvania
Amount Assessed: $366.62
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements. contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282. 1 (b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF TRANSYLVANIA
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
New Excelsior Inc
New Excelsior WWTP
PERMIT NO. NC0000108
DEPARTMENT OF ENVIRONMENTAL i
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2017-0214
Having been assessed civil penalties totaling $366.62 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated July 10, 2017, the undersigned, desiring to seek remission of the civil penalty, does hereby waive
the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the day of 320
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
New Excelsior Inc
CASE NUMBER: LV-2017-0214
PERMIT: NC0000108
REGION:
Asheville
FACILITY: New Excelsior WWTP
COUNTY:
Transylvania
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 003 - Effluent
Violation Report
Unit of
Limit
Calculated % Over
Violation
Penalty
Date MonthNr Parameter
Frequency Measure
Value
Value Limit
Type
Amount
2/20/2017 2-2017 Solids, Total
Weekly mg/I
45
50.80 12.9
Daily
$0.00
Suspended-
Maximum
Concentration
Exceeded
2/28/2017 2-2017 Solids, Total
Weekly mg/1
30
37.50 25.1
Monthly
$250.00
Suspended-
Average
Concentration
Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File)
Excelsior Inc
New Excelsior WWTP
Permit Number: NC0000108
County: Transylvania
Case Number: LV-2017-0214
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
2) The duration and gravity of the violation;
One Daily Max TSS exceeded the permit limit by 12.88%.
One Monthly Average TSS exceeded the permit limit by 25.11 %.
3) The effect on ground or surface water quantity or quality or on air quality,
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved is unknown.
The amount of money saved would include the cost of excess solids removal and additional aeration. It
would also include more operating and maintenance time on site and the cost of additional chemical
treatment.
The amount of money saved would include the cost of collection of the additional samples and the cost of
analyzing them at a certified lab.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
There have been two civil penalty enforcements in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$116.62
Date G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

1,T!'r1r1AA I A
New Excelsior WWTP
;w Excelsior Inc
eDMR PERIOD: 02-2017 (February 2017)
PERMIT VERSION: 4.0
CLASS: WW-2
ORC- Danielle Ann Hunter
ORC HAS CHANGED: No
VERSION: 1.0
PERMIT STATUS: Active
COUNTY: Transylvania
ORC CERT NUMBER: 23477
STATUS: Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 003 NO DISCHARGE*: NO
W
u
w
P.
E
g
O
z
9.
Z
50050
00010
00400
50060
C0310
C0610 '4
C0530
31616
Weekly
Weekly
2Xmouth
2Xweek
Weekly
Weekly
Weekly
Weekly
Instantaneous
Grab
Grab
Grab
Grab
Grab
Grab
Grab
FLOW
TEMP-C
pH
CHLORINE
BOD - Cone
NH3-N-Cone
TSS- one
FCOLI BR
2400 dock
Hrs
2400 clock
Hrs
Y/B/N
mgd
deg c
su
u9/1
mg/1
mg/l
1119/1
#/1001111
1
1440
0.33
Y
2
1251
0.38
Y
< 15
3
1215
0.33
Y
4
5
6
1400
0.45
Y
0.0028
15
6
< 15
<2
0.279
34.7
<2
1500
0.3
Y
8
1435
0.4
Y
9
1300
0.53
Y
< 15
10
1317
0.3
Y
11
12
13
1356
0.38
Y
0.0017
16
6.1
<Is
9.58
0.366
27.1
<2
14
1400
0.35
Y
is
1350
0.33
Y
16
1310
0.4
Y
< 15
17
1307
0.33
Y
18
19
20
1405
0.4
Y
0.0021
17
6
<15
<2
0.728
50.8
< 1
21
1400
038
Y
y
22
1427
0.3
Y
23
1350
0.38
Y
< 15
24
1317
0.33
Y
25
26
27
1450
0.38
Y
0.0022
15
6
< 15
28
1343
0.4
Y
Monthly Average Limit:
0.015
30 -
30
200
Monthly Average:
0.0022
15.75
0
3.193333
0.457667
37.53330
1
Daily Maximum:
0.0028
17
6.1
0
9.58
0.728
50.8 �-
0
Daily Minimum:
00017
15
16
10
0
0.279
27.1
10
****No Reporting Reason: ENFRUSE =No Flow-Reuse/Recycle; ENVWTHR=No Visitation- Adverse Weather; NOFLOW=No Flow; HOLIDAY=NoVisitation- Holiday
1 ��II .0,

NPDES PERMIT NO.: NC0000108
FACILITY NAME: New Excelsior WWTP
OWNER NAME: New Excelsior Inc
GRADE: WW-2
eDMR PERIOD: 02-2017 (February 2017)
COMPLIANCE�US: Compliant
PERMIT VERSION: 4.0
CLASS: WW-2
ORC: Danielle Ann Hunter
ORC HAS CHANGED: No
VERSION: 1.0
CONTACT PHONE #: [phone]
PERMIT STATUS: Active
COUNTY: Transylvania
ORC CERT NUMBER: 23477
STATUS: Processed
SUBMISSION DATE: 03/13/2017
03/13/2017
ORC/Certifier Signature: Danielle Hunter E-Mail:[e-mail] Phone #:[phone] Date
By this signature, I certify that this report is accurate and complete to the best of my knowledge.
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment.
Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the permittee becomes aware of the circumstances.
If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part H.E.6 of
the NPDES permit.
03/13/2017
Permittee/Submitter Signature:*** Juanita James E-Mail:[e-mail] Phone #:[phone] Date
Permittee Address: 1379 Old Rosman Hwy Rosman NC 28772 Permit Expiration Date: 09/30/2020
I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the
system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for
knowing violations.
LAB NAME: James & James Environmental Mgt., Inc.
CERTIFIED LAB #: 482
PERSON(s) COLLECTING SAMPLES: Danielle Hunter
CERTIFIED LABORATORIES
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Unit [phone] or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/forms.
FOOTNOTES
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR
for entire monitoring period.
** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204.
*** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B
.0506(b)(2)(D)•

NC0000108
Excelsior WWTP
xcelsior Inc
eDMR PERIOD: 02-2017 (February 2017)
Report Comments:
PERMIT VERSION: 4.0
CLASS: WW-2
ORC: Danielle Ann Hunter
ORC HAS CHANGED: No
VERSION: 1.0
PERMIT STATUS: Active
COUNTY: Transylvania
ORC CERT NUMBER: 23477
STATUS: Processed
On the 6th, 13th and 20th BOD data valid; blank was >0.20mg/L. On the 13th, BOD data valid; GGA was greater than 228.5mg/L.
This facility exceeded the permit discharge limits on the following items: Total Suspended Solids, 50.8mg/L on the 20th, with a monthly average of 37.53mg/L. This gave one
daily maximum violation and did give a monthly violation. We determined that the cause of the violation was probably due to the facility having inflow of rainwater and heavy
solids. The facility was pumped and the system regained compliance immediately.

Certified Mail # 7015 1520 0003 5463 4200 .
Return Receipt Requested
April 5, 2017
Jim Kelley
New Excelsior Inc
1379 Old Rosman Hwy
Brevard, NC 28712
SUBJECT: NOTICE OF VIOLATION'
Tracking Number: NOV-2017-LV-0224, NOV-2017-LV-0225, NOV-2017-LV-0226 and
NOV-2017-LV-0227
Permit No. NC0000108
New Excelsior WWTP
Transylvania County
Dear Permittee:
A review of the November 2016, December 2016, January 2017 and February 2017 Discharge Monitoring Report.
(DMR) for the subject facility revealed the violation(s) indicated below:
Limit Exceedance Violation for NOV-2017-LV-0224:
Sample
Limit
Reported
Location Parameter Date
Value
Value
Type of Violation
003 Effluent Solids, Total Suspended - 11/28/2016
45
48.6
Daily Maximum Exceeded
Concentration (C0530)
Limit Exceedance Violations for NOV-2017-LV-0225:
Sample
Limit
Reported
Location Parameter Date
Value
Value
Type of Violation
003 Effluent Solids, Total Suspended - 12/5/2016
45
45.8
Daily Maximum Exceeded
Concentration (C0530)
003 Effluent Solids, Total Suspended - 12/16/2016
45
50.5
Daily Maximum Exceeded
Concentration (CO530)
003 Effluent Solids, Total Suspended - 12/31/2016
30
32.2
Monthly Average Exceeded
Concentration (C0530)
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500
G`

A..
Limit Exceedance Violation for NOV-2017 LV-0226:
Sample
Location Parameter Date
Limit Reported
Value Value Type of Violation
003 Effluent Solids, Total Suspended - 1/4/2017 45 45.5 Daily Maximum Exceeded
Concentration (C0530)
Limit Exceedance Violation(s) NOV-2017 LV-0227:
Sample
Location Parameter Date
003 Effluent Solids, Total Suspended - 2/20/2017
Concentration (C0530)
Limit Reported
Value Value Type of Violation
45 50.8 Daily Maximum Exceeded
003 Effluent Solids, Total Suspended - 2/28/2017 30 37.53 Monthly Average Exceeded
Concentration (C0530)
Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of
Water Resources may pursue enforcement actions for this and any additional violations.
Because these violations represent a trend of noncompliance with your permit limits, the Division is requiring you to
provide a response within 10 days of receipt of this Notice of Violation.
If you have any questions concerning this matter, please contact G. Landon Davidson of the Asheville Regional
Office at 828-296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Cc =fWQ-S Ashevville Tonal=Office Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
G:\WR\WQ\Transylvania\Wastewater\Minors\Excelsior 00108\NOV-2017-LV-0224022502260227.rtf

Certified Mail # 7014 0510 0000 4466 4996
Return Receipt Requested
September 28, 2016
Jim Kelley
New Excelsior Inc
1379 Old Rosman Hwy
Brevard, NC 28712
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NC0000108
New Excelsior Inc
New Excelsior WWTP
Case No. LV-2016-0198
Transylvania County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $216.62 ($100.00 civil penalty +
$116.62 enforcement costs) against New Excelsior Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by New Excelsior Inc for the month of May 2016. This review has shown the subject facility to be in violation of
the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0000108. The violations, .
which occurred in May 2016, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that New Excelsior Inc violated the terms, conditions or
requirements of NPDES WW Permit No. NC0000108 and G.S. 143-215. 1 (a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above fmdings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson,
P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against New
Excelsior Inc:
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

$100.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0000108, by discharging
the waters of the State in violation of the Permit Daily Maximum for BOD - Conc.
$0.00 0 of the 1 violations of 143-215. l (a)(6) and Permit No.N00000108, by discharging waste water
the waters of the State in violation of the Permit Monthly Average for TSS - Cone.
$100.00 TOTAL CIVIL PENALTY
$116.62 Enforcement Costs
$216.62 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

a written request for remission or mitigation including a detailed justification for such
Frease be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Coinmission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties
Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

If you wish to contest any statement in the attached assessment document you must file a petition for an adminis
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petitio
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding; the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, 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 Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at [phone] or via email [e-mail].
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: —WQS Asheville Regional Office - Enforcement File-
NPDES Compliance/Enforcement Unit - Enforcement File
James & James Environmental/ ORC
G:\4VR\tiVQlTransylvania` Wa..stzwater\Nfi,iors:Excelsior 00I08'.LV-3016-()198.rtF

JUSTIFICATION FOR REMISSION REQUEST
Frse Number: LV-2016-0198
Assessed Party: New Excelsior Inc
Permit No.: NC0000108
County: Transylvania
Amount Assessed: $216.62
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences),
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment'of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF TRANSYLVANIA
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
New Excelsior Inc
New Excelsior WWTP
PERMIT NO. NC0000108
DEPARTMENT OF ENVIRONM
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2016-0198
Having been assessed civil penalties totaling $216.62 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated September 28, 2016, the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (3 0) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE
20

ATTACHMENT A
New Excelsior Inc
CASE NUMBER: LV-2016-0198
l-AGILI I Y: New Excelsior WWTP
REGION: Asheville
COUNTY: Transylvania
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 003 - Effluent
Violation Report Unit of Limit Calculated % Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
5/6/2016 5-2016 BOD, 5-Day (20 Deg. Weekly mg/I 45 59.10 31.3 Daily Maximum $100.00
C) - Concentration Exceeded
5/31/2016 .5-2016 Solids, Total Weekly mg/I 30 30.50 1.7 Monthly $0.00
Suspended- Average
Concentration Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File)
Name: New Excelsior WWTP
PFrmit Number: NC0000108
County: Transylvania
Case Number: LV-2016-0198
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
2) The duration and gravity of the violation;
One Daily Max BOD exceeded the permit limit by 31.33%.
One Monthly Average TSS exceeded the permit limit by 1.66%.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved would include the cost of excess solids removal and additional aeration. It
would also include more operating and maintenance time on site and the cost of additional chemical
treatment.
The amount of money saved would include the cost of collection of the additional samples and the cost of
analyzing them at a certified lab.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
There has been one civil penalty enforcement in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$116.62
Date
—0 -1 � Q-,
G. Landon Davidson, P.G., Regional isor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

Permit Enforcement History Details by Owner
Owner: New Excelsior Inc
Facility : New Excelsior VWVTP
Permit: NC0000108
Region : Asheville County Transylvania
Penalty Remission Enf Enf EMC EMC OAH Collection
Assessment Penalty Enforcement Request Conf Remission Hearing Remission Remission MemoSent Total
Case MR Approved Damages Received Held Amount Held Amount Amount To AGO
PP Amount Costs Paid
Number
--_-
Due Plan Closed
RV-1995-0008 5/24/95 $250.00 $0.00 $0.00 $250.00 $0.00 No 6/19/95
LV-2000-0148
5/12/00
$1,250.00
$100.00
6/5/00
8/2100
$0
$1,350.00
$0.00
No
9/6/00
LV-2000-0156
5/22/00
$1,000.00
$50.00
6/21/00
8/2/00
$0
$1,050.00
$0.00
No
9/6/00
TX-2000-0063
11/8/00 $1,000.00
$74.24
$1,074.24
$0.00
No
1217/00
LV-2010-0091
10-2009
3/23/10 $100.00
$67.00
$167.00
$0.00
No
4/13/10
LV-2014-0025
11-2013
3/14/14 $450.00
$147.50
8/1114 $597.50
$0.00
No
9/22/16
LV-2016-0041
7-2015
1/28/16 $100.00
$159.26
$259.26
$0.00
No
9/22/16
LV-2016-0169
4-2016
8/29/16 $450.00
$112.94
$562.94
No
Total Cases:
8
Total Penalty Amount:
$4,600
Total Enforcement Cost: $710.94 Sum Of Total Paid: $4.748.00 Total Balance Due: $562.94
Sum of Total Case Penalties: $5,310.94 Total Penalties After Remissions: $5,310.94

O.: NC0000108
r
New ExcelsiorW WTP
ew Excelsior Inc
eDMR PERIOD: 05-2016 (May 2016)
PERMIT VERSION: 4.0
CLASS: WW-2
ORC: Shannon D James
ORC HAS CHANGED: No
VERSION: 1.0
(r�
PERMIT STATUS: Active
COUNTY: Transylvania
ORC CERT NUMBER: 1002526
STATUS: Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 003 NO DISCHARGE*: NO
A
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28
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HOLIDAY
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Monthly Average Limit:
0.015
30
21
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200
Monthly Average:
0.006375
18.55
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- Daily Maximum:
0.0075
119.9
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0.006
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****NoReportingiReatdnt-E�FF, -TJ�% o•Flq Reuse/Recycle; ENVWTHR=No Visitation- Adverse Weather; NOFLOW=No Flow; HOLIDAY=NoVisitation-Holiday
i
?ivision of water, , escl
Vol j v" JUN 2 9 2016
It/av SIG-A.V-0. 9 / `/ ,C,n/
�!

NPDES PERMIT NO.: NC0000108
FACILITY NAME: New Excelsior WWTP
OWNER NAME: New Excelsior Inc
GRADE: WW-2
�SA��R : OS-2016 (May 2016)
COMPLL�NCE:
PERMIT VERSION: 4.0
CLASS: WW-2
ORC: Shannon D James
ORC HAS CHANGED: No
VERSION: 1_0
CONTACT PHONE #: [phone]
PERMIT STATUS: Ac
COUNTY: Transylvania
ORC CERT NUMBER
STATUS: Processed
SUBMISSION DATE: 06/23/2016
06/23/2016
ORC/Certifier Signature: Shannon James E-Mail:[e-mail] Phone #:[phone] Date
By this signature, I certify that this report is accurate and complete to the best of my knowledge.
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment.
Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the permittee becomes aware of the circumstances.
If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part H.E.6 of
the NPDES permit.
06/23/2016
Permittee/SubmitterL�ignature:*** Juanita James E-Mail:[e-mail] Phone #:[phone] Date
Permittee Address: 1379 Old Rosman Hwy Rosman NC 28772 Permit Expiration Date: 09/30/2020
I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the
system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true,
accrrate,'and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for
knowing violations.
LAB NAME: James & James Enviromental Met. Inc.
CERTIFIED LAB #: 482
PERSON(s) COLLECTING SAMPLES: Shannon James
CERTIFIED LABORATORIES
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Unit [phone] or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/forms.
FOOTNOTES
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR
for entire monitoring period.
** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204.
*** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B
.0506(b)(2)(D).

O.: NC0000108
r
New Excelsior WWTP
ew Excelsior Inc
eDMR PERIOD: 05-2016 (May 2016)
Report Comments:
PERMIT VERSION: 4.0
CLASS: WW-2
ORC: Shannon D James
ORC HAS CHANGED: No
VERSION: 1.0
PERMIT STATUS: Active
COUNTY: Transylvania
ORC CERT NUMBER: 1002526
STATUS: Processed
BOD on the 6th and 12th - Data valid; Blank was >0.20mg/L. The facility experienced a blower that would work for a while and then would trip off during one of the cycles.
The operator would reset the blower and it would run for a few days then quit. This allowed the facility to run only half of the scheduled time when this occurred. This was
reported to maintenance and the blower was taken out of the cycle. The facility regained compliance quickly.

JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 519, MOUNTAIN HOME, NC 28758
[phone] OFFICE
[phone] FAX
May, 2016
Client: New Excelsior Sigma Plastics Group
NPDES PERMIT NUMBER: NC0000108
Dear Client,
We are pleased to notify you that your facility operated most of the month within your National Pollutant
Discharge Elimination System (NPDES) permit. We did experience a result that was greater than the
permit discharge limits. Your permit has both a monthly maximum and a daily maximum. Your facility
exceeded the permit discharge limits on the items listed below:
BOD 59.1 mg/1 on the 6t`
There was one daily maximum violation during the month and this did not give a monthly violation. The
facility experienced a blower that would work for a while and then would trip off during one of the cycles.
The operator would reset the blower and it would run for a few days then quit. This allowed the facility to
run only half of the scheduled time when this occurred. This was reported to maintenance and the blower
was taken out of the cycle. The facility regained compliance quickly.
Please find enclosed a copy of the Discharge Monitoring Report (DMR) for last month. This report and
one copy have been sent to the State on your behalf. Please place this report in your file for future
reference.
Thank you for choosing James & James as your service company.
Thank you,
J ita James

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�Y �ll��`t ReSdJtlC�G'S
ENYtRpfHMEft:iAL tilYdictTY '.
Certified Mail # 7014 0510 0000 4466 4996
Return Receipt Requested
September 28, 2016
Ciraasrn�r
i3C�N-AI,D=It � AN `i1�R. �i�'AART
<SA irIM111lERTN
£GIP7A'
Jim Kelley
New Excelsior Inc
1379 Old Rosman Hwy --
Brevard, NC 28712/i
SUBJECT:
hvil Penalty
Statute (G.S.) 143-215.1(a)(6)
08
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lent of civil penalty in the amount of $216.62 ($100.00 civil penalty +
view has been conducted of the discharge monitoring report (DMR)
m
2016. This review has shown the subject facility to be in violation of
� .
nts found in NPDES WW Permit No. NC0000108. The violations,
_
a
chin A to this letter.
law that New Excelsior Inc violated the terms, conditions, or
C�
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8 and G.S. 143-215.1(a)(6) in the manner and extent shown in
established
:, • ..
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by G.S. 143-215.6A(a)(2), a civil penalty may be assessed
s or requirements of a permit required by G.S. 143-215.1(a).
•c .�.r
c
ns of law, and in accordance with authority provided by the Secretary
-
jz�
Director of the Division of Water Resources, I, G. Landon Davidson,
ice hereby make the following civil assessment against New
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penalty
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rolina I Environmental Quality I Water Resources
S. 70 Highway, Swannanoa, NC 28778
828-296-4500

$100.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0000108, by discharging wastewater
the waters of the State in violation of the Permit Daily Maximum for BOD - Cone.
$0.00 0 of the 1 violations of 143-215. 1 (a)(6) and Permit No.NC0000108, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for TSS - Cone.
$100.00 TOTAL CIVIL PENALTY
$116.62 Enforcement Costs
$216.62 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Eion 2: Submit a written request for remission or mitigation including a detailed justification for such
uest:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143 B-282. I (b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, 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 Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at [phone] or via email [e-mail].
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
James & James Environmental/ ORC
Ci'\\L'R`..lVnYirransvi,aria,Na>tewatcr`�4fi,tors'•.E.,cz(sior On I W\LV- --M 1G019S rtP

Ease .N umber:
LV-2016-0198
JUSTIFICATION FOR REldIISSION REQUEST
Assessed Party: New Excelsior Inc
Permit No.: NC0000108
County: Transylvania
Amount Assessed: $216.62
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282. 1 (b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL (
COUNTY OF TRANSYLVANIA
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
New Excelsior Inc )
New Excelsior WWTP 1
PERMIT NO. NC0000108 ) CASE NO. LV-2016-0198
Having been assessed civil penalties totaling $2I6.62 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated September 28, 2016, the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the day of 720
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
New Excelsior Inc
CASE NUMBER: LV-2016-0198
PERMIT: NC0000108
FACILITY: New Excelsior WWTP
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 003 - Effluent
REGION: Asheville
COUNTY: Transylvania
Violation
Date
Report
MonthNr
Parameter
Frequency
Unit of
Measure
Limit
Value
Calculated
Value
% Over
Limit
Violation
Type
Penalty
Amount
5/6/2016
5-2016
BOD, 5-Day (20 Deg.
Weekly
mg/I
45
59.10
31.3
Daily Maximum
$100.00
C) - Concentration
Exceeded
5/31/2016
5-2016
Solids, Total
Weekly
mg/I
30
30.50
1.7
Monthly
$0.00
Suspended-
Average
Concentration
Exceeded

Permit Enforcement History Details by Owner
9/28/201 f
1
Owner: New Excelsior Inc
Facility : New Excelsior W1M"P
Permit: NC0000108
Region : Asheville
County Transylvania
Penalty
Remission
Enf Enf
EMC EMC OAH
Collection
Has
Assessment
Penalty
Enforcement
Request
Conf Remission
Hearing Remission Remission
MemoSent
Total
Balance
Pmt
Case
Case MR Approved
PP
Amount
Costs
Damages Received
Held Amount
Held Amount Amount
To AGO
Paid
Due
Plan
Closed
Number
RV-1995-0008 5/24/95
$250.00
$0.00
$0.00
$250.00
$0.00
No
6/19/95
LV-2000-0148 5/12/00
$1,250.00
$100.00
6/5/00
8/2/00 $0
$1,350.00
$0.00
No
9/6/00
LV-2000-0156 5/22/00
$1,000.00
$50.00
6/21/00
8/2/00 $0
$1,050.00
$0.00
No
9/6/00
TX-2000-0063 11/8/00
$1,000.00
$74.24
$1,074.24
$0.00
No
12/7/00
LV-2010-0091 10-2009 3/23/10
$100.00
$67.00
$167.00
$0.00
No
4/13/10
LV-2014-0025 11-2013 3/14/14
$450.00
$147.50
8/1/14
$597.50
$0.00
No
9/22/16
LV-2016-0041 7-2015 1/28116
$100.00
$159.26
$259.26
$0.00
No
9/22/16
LV-2016-0169 4-2016 8/29/16
$450.00
$112.94
$562.94
No
Total Cases: 8 Total Penalty Amount:
$4,600
Total Enforcement Cost: $710.94
Sum Of Total Paid: $4,748.00
Total Balance Due:
$562.94
Sum of Total Case Penalties: $5,310.94
Total Penalties
After Remissions:
$5,310.94

F"ERMITNO.:NCO000108
ITY NAME: New Excelsior W WTP
OWNER NAME: New Excelsior Inc
GRADE: WW-2
eDMR PERIOD: 05-2016 (May 2016)
PERMIT VERSION: 4.0
CLASS: WW-2
ORC: Shannon D James
ORC HAS CHANGED: No
VERSION: 1.0
PERMIT STATUS: Active
COUNTY: Transylvania
ORC CERT NUMBER: 1002526
STATUS: Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 003 NO DISCHARGE*: NO
A
Ew
6
V F
E
y
E
E-'
9
O
rn
E
O
O
m
Z c4
50050
00010
00400
50060
C0310
C0610
C0530
31616
Weekly
Weekly
2Xmonth
2Xweek
Weekly
Weekly
Weekly
Weekly
Instantaneous
Grab
Grab
Grab
Grab
Grab
Grab
Grab
FLOW
TEMP-C
PH
CHLORINE
BOD - Con
NH3-N - Conc
TSS - nc
FEC COLI
2400 clack
Hrs
2400 clock
Hrs
YBftQ
mgd
deg c
so
ugA
mg/1
mg/l
mg/I
6/100ml
1
2
1205
0.37
Y
-
6
3
1145
0.37
Y
< 15
4
1215
0.50
Y
5
1230
0.75
Y
6
1330
0.50
Y
0.006
16.4
<15
59.1
0.3
19.1
<4
7
8
9
1235
0.38
Y
6
<15
10
1235
0.33
Y
11
1120
0.50
Y
'
12
1
1155
0.50
Y
0.006
119.4
7
<15
27.7
0.3 144.2
<4
13
1200 10.33
Y
14
15
16
1120
0.55
Y
6.7
< 15
17
11310
0.33
Y
18 1
1135
0.42
Y
'
19
1020
0.50
Y
0.006
18.5
<15
<2
0.4
31.1
<2
20
1135
0.33
Y
22
23 1
1130
0.42
Y
6.5
1115
24
1305
0.38
Y
25
1115
0.33
Y
26
1150
0.50
Y
0.0075
19.9
< 15
27.6
0.4
27.6
< 1
27
1135
0.33
Y
28
29
30
HOLIDAY
31
1545
0.42 1
B
Monthly Average Limit:
0.015
30
21
30
200
Monthly Average:
0.006375 118.55
1
0
128.6
0.35
30.5
1
Daily Maximum:
0.0075
19.9
7
0
59.1
0.4
44.2
0
.._..-.-.Da4y Minimum:
0.006
16.4
6
10
0
10.3
119.1
0
**** No Reporting Reafion<:!kFiVSK N.'- iloW Reuse/i
i Division of Waaer esuu e-
3
JUG®� 201
4 ul'a`;,ar CJt;alii,i Rflulional 00era4lOns
ENVWTHR=No Visitation- Adverse Weather; NOFLOW=No Flow; HOLIDAY=NoVisitation- Holiday
s
'k- 5
JUN 29 2016
i- :t1I.7 v t� z

NPDES PERMIT NO.: NC0000108
FACILITY NAME: New Excelsior WWTP
OWNER NAME: New Excelsior Inc
GRADE: WW-2
OS-2016 (May 2016)
COMPLIANCE:
PERMIT VERSION: 4.0
CLASS: WW-2
ORC: Shannon D James
ORC HAS CHANGED: No
VERSION: 1_0
CONTACT PHONE #: [phone]
PERMIT STATUS: Active
COUNTY: Transylvania
ORC CERT NUMBER: 1002526
STATUS: Processed
SUBMISSION DATE: 06/23/2016
06/23/2016
ORC/Certifier Signature: Shannon James E-Mail:[e-mail] Phone #:[phone] Date
By this signature, I certify that this report is accurate and complete to the best of my knowledge.
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment.
Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the permittee becomes aware of the circumstances.
If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part H.E.6 of
the NPDES permit.
06/23/2016
Permittee/SubmitterL�ignature:*** Juanita James E-Mail:[e-mail] Phone #:[phone] Date
Permittee Address: 1379 Old Rosman Hwy Rosman NC 28772 Permit Expiration Date: 09/30/2020
I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the
system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for
knowing violations.
LAB NAME: James & James Enviromental Mgt., Inc.
CERTIFIED LAB #: 482
PERSON(s) COLLECTING SAMPLES: Shannon James
CERTIFIED LABORATORIES
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Unit [phone] or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/forms.
FOOTNOTES
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR
for entire monitoring period.
** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204.
*** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B
.0506(b)(2)(D).

PERMIT NO.: NC0000108
NAME: New Excelsior WWTP
OWNER NAME: New Excelsior Inc
eDMR PERIOD: 05-2016 (May 2016)
PERMIT VERSION: 4.0
CLASS: WW-2
ORC: Shannon D James
ORC HAS CHANGED: No
VERSION: 1.0
PERMIT STATUS: Active
COUNTY: Transylvania .
ORC CERT NUMBER: 1002526
STATUS: Processed
Report Comments:
BOD on the 6th and 12th - Data valid; Blank was >0.20mg/L. The facility experienced a blower that would work for a while and then would trip off during one of the cycles.
The operator would reset the blower and it would run for a few days then quit. This allowed the facility to run only half of the scheduled time when this occurred. This was
reported to maintenance and the blower was taken out of the cycle. The facility regained compliance quickly.

JAMES & JAMES ENVIRONMENTAL MANAGEMEl I �, --
PO BOX 519, MOUNTAIN HOME, NC 28758
[phone] OFFICE
[phone] FAX
May, 2016
Client: New Excelsior Sigma Plastics Group
NPDES PERMIT NUMBER: NC0000108
'Dear Client,
We are pleased to notify you that your facility operated most of the month within your National Pollutant
Discharge Elimination System (NPDES) permit. We did experience a result that was greater than the
permit discharge limits. Your permit has both a monthly maximum and a daily maximum. Your facility
exceeded the permit discharge limits on the items listed below:
BOD 59.1 mg/1 on the 6t`
There was one daily maximum violation during the month and this did not give a monthly violation. The
facility experienced a blower that would'work for a while and then would trip off during one of the cycles.
The operator would reset the blower and it would run for a few days then quit. This allowed the facility to
run only half of the scheduled time when this occurred. This was reported to maintenance and the blower
was taken out of the cycle. The facility regained compliance quickly.
Please find enclosed a copy of the Discharge Monitoring Report (DMR) for last month. This report and
one copy have been sent to the State on your behalf. Please place this report in your file for future
reference.
Thank you for choosing James & James as your service company.
Thank you,
1:J ita James

DIVISION OF WATER RESOURCES - CIVIIL PENALTY ASSESSMENT (File)
Excelsior Inc
New Excelsior WWTP
Permit Number: NC0000108
County: Transylvania
Case Number: LV-2016-0198
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
All effluent violations maybe detrimental to the receiving stream but may not be immediately quantified.
2) The duration and gravity of the violation;
One Daily Max BOD exceeded the permit limit by 31.33%.
One Monthly Average TSS exceeded the permit limit by 1.66%.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved would include the cost of excess solids removal and additional aeration. It
would also include more operating and maintenance time on site and the cost of additional chemical
treatment.
The amount of money saved would include the cost of collection of the additional samples and the cost of
analyzing them at a certified lab.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
There has been one civil penalty enforcement in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$116.62
Date G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

Certified Mail # 7014 0510 0000 4466 4675
Return Receipt Requested
September 8, 2016
Jim Kelley
New Excelsior Inc
1379 Old Rosman Hwy
Brevard, NC 28712
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2016-LV-0497.
Permit No. NC0000108
New Excelsior WWTP
Transylvania County
Dear Permittee:
A review of the May 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample
Limit Reported .
Location
Parameter
Date Value Value Type of Violation
003 Effluent
BOD, 5-Day (20 Deg. C) -
5/6/2016 45 59.1 Daily Maximum Exceeded
Concentration (C0310)
003 Effluent
Solids, Total Suspended -
5/31/2016 30 30.5 Monthly Average Exceeded
Concentration (CO530)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not
more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails
to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
(1 828-296-4500

E72
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten.(10) business days after receipt of this Notice.
A review of your response will be considered along with any information provided on the submitted Discharge
Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the '
violations. If no response is received in this Office within the 10-day period, a civil penalty
assessment may be prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional
Office at 828-296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality. Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
,Cc—:---WQS Asheville-Regional.-Offce - Enforcement -File
NPDES Compliance/Enforcement Unit - Enforcement File
James & James Environmental/ ORC
G:\WR\WQ\Transylvania\Wastewater\Minors\Excelsior 00108\N0V-N01-2016-LV-0497.rtf

Wiii�ifR4S64l c6
�N1+EROW@�IEN'! AL fl�1l1EiT'Y
Certified Mail # 7014 0510 0000 4466 4675
Return Receipt Requested
September 8, 2016
Jim Kelley
New Excelsior Inc
1379 Old Rosman Hwy
Brevard, NC 28712
eserz�
D QNALII R, t P�Iv DER; 4 A ART
kERIVI..�iN
'D"J,'G'G.1ftg
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2016-LV-0497
Permit No. NC0000108
New Excelsior WWTP
Transylvania County
Dear Permittee:
A review of the May 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
003 Effluent BOD, 5-Day (20 Deg. C) - 5/6/2016 45 59.1 Daily Maximum Exceeded
Concentration (C0310)
003 Effluent Solids, Total Suspended - 5/31/2016 30 30.5 Monthly Average Exceeded
Concentration (CO530)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not
more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails
to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice.
A review of your response will be considered along with any information provided on the submitted Discharge
Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the
violations. If no response is received in this Office within the 10-day period, a civil penalty
assessment may be prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional
Office at 828-296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
James & James Environmental/ ORC
G:\WR\WQ\Transylvania\Wastewater\Minors\Excelsior 00108\N0V-N0I-2016-LV-0997.rtf

Water Resources
ENVIRONMENTAL QUALITY
December 8, 2016
Mr. Jim Kelley, Operations Manager
New Excelsior, Inc.
1379 Old Rosman Highway
Brevard, NC 28712
SUBJECT: Request for Remission of Civil Pena
Pursuant to N.C.G.S. 143-215.6A(f)
New Excelsior, Inc. WWTP
Case Number LV-2016-0169
NPDES Permit NC0000108
Transylvania County
Dear Mr. Kelley:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
®iviston of
DEC 1 6 2016
water �uatlty Re91ona1 Operelons
psha�iii� �-�1Onal Office
Final agency decision on your request for remission of the subject civil penalty will be made by the
Committee On Civil Penalty Remissions (Committee) of the Environmental Management Commission
(EMC) on Thursday, January 12, 2017.
No request for oral presentation was made. You may attend this meeting, but you will not be
permitted to speak regarding your case.
The EMC Chairman has considered the written record and determined that no oral presentation
will be made. You may attend this meeting, but you will not be permitted to speak regarding
your case.
The EMC Chairman has considered the written record and determined that an oral presentation
is necessary. Please come prepared to present your remission request at this meeting. You will
be allowed approximately five (5) minutes to speak. Please be advised that the Committee
cannot consider any information other than that submitted in the original remission request.
Please note, the State Bar's recent Opinion regarding the unauthorized practice of law affects
your method of presenting at the Committee.
If you are an individual or business owner and are granted an opportunity to make an oral presentation
before the Committee, then you do not need legal representation before the Committee; however, if
you intend on having another individual speak on your behalf regarding the factual situations, such as
an expert, engineer or consultant, then you must also be present at the meeting in order to avoid
violating the State Bar's Opinion on the unauthorized practice of law.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-707-9000

Mr. Jim Kelley
EMC Remission Committee Hearing - LV-2016-0169
p. 2
If you are a corporation partnership or municipality and are granted an opportunity to make an oral
presentation before the Committee, then your representative must consider the recent State Bar's
Opinion and could be considered practicing law without a license if he or she is not a licensed attorney.
Presentation of facts by non -lawyers is permissible.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with the
hearing of a case if the Committee is informed that a potential violation regarding the unauthorized
practice of law has occurred,,,._
Time and Location of Meetini
The Committee will convene at 11:30 a.m. or immediately following the closing of the regularly
scheduled business meeting of the Environmental Management Commission. The Committee meeting
will be:hel'd ifi'Ahe Ground. Floor Hearing Room of the Archdale Building, located at 512 North
Salisbury Street in Raleigh, North Carolina (see enclosed map).
Other Things to Know About The Meeting
The length of an Environmental Management Commission meeting is determined by its agenda of the
day and the amount of discussion given to each topic - meetings often extend into the early afternoon.
You are advised to arrive for the Committee meeting no later than 11:30 a.m. in order to ensure your
opportunity to listen to consideration of your case in the event that the Committee begins at its
appointed time. If the Commission meeting runs long and you need refreshment or food, Division of
Water Resources staff can direct you to a canteen/snack bar that is located on the basement floor of the
Archdale Building or to other local eateries.
If you have any questions concerning this matter, please contact Bob Sledge of the Water Quality
Permitting Section at [phone], or via e-mail at [e-mail].
Sincerely,
S. Jay Zimmerman, P.G.
Director, Division of Water Resources
enclosure
cc: Ali-villo-R-egioifal=0_ffxce=DWR%Wdte`r-Quality=Regioi-al=Operations
Enforcement File
Bob Sledge - Water Quality Permitting Section
Central Files

M4�
STATE OF NORTH CAROLINA
DEPARTMENT OF JUSTICE
JOSH STEIN P.O.. Box 629
ATTORNEY GENERAL RAw? cii, NC 27602
January 26, 2017
REPLY TO: JENNIE WILI'IELM HAUSER
ENVIRONMENTAL DIVISION
7EU [phone]
TAX: [phone]
[e-mail]
John Reier, Registered Agent Certified MaiUReturn Receipt Requested
New Excelsior, Inc.
2319 W. English Road
High Point, NC 27262-8055
Re: Assessment of Civil Penalty against New Excelsior, Inc.
LV-2016-0169
Dear Mr. Reier:
Enclosed is the Final Agency Decision of the Environmental Management Commission
assessing a civil penalty and investigative costs against New Excelsior, Inc. (New Excelsior)
totaling $562.94. According to North Carolina. General Statutes § 143-2.15.5 and § 150B-45,
New Excelsior may seek judicial review of the Commission's decision in the appropriate
Superior Court by filing a. petition within 30 days of receipt of the written copy of the Final
Agency Decision. A copy of the judicial review petition must be served on the Commission's
agent for service of process at the following address:
Sam Hayes, General Counsel_
Dept. of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If you choose to file a petition for judicial review, I request that you also serve a copy of
the petition for judicial review on me at the address listed in the letterhead.
If New Excelsior does not appeal the Final Agency Decision, payment must be submitted
to the Department of Environmental Quality within 30 days of receipt of this final agency
decision by mailing a check made payable to the Department of Environmental Quality to
Bob Sledge [Phone [phone]]
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you. fail to pay the penalty within 30 days of receipt of the final decision document, the
Department will seek to collect the amount due through a civil action commended in Superior
Court.

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ATF. (RWORTN CAROL MA
COUNTY OF TRANSYLVANIA
'IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST: )
NEW EXCELSIOR, INC. )
BEFORE THE
REMISSION COMMITTEE OF THE
ENVIRONMENTAL MANAGEMENT
COMMISSION
LV-2016-169
FINAL DECISION
THIS MATTER came before the Civil Penalty Remissions Committee ("Committee") of
the Environmental Management Commission, pursuant to N.C.G.S.. §143-215.6A and §143B-
282.1, on January 12, 2017, upon the recommendation of the Director of the Division of Water
Resources' ("DWR") designee, John E. Hennessy, Supervisor of the Compliance & Expedited
Permitting Unit, for entry of a final decision on the assessment of a civil penalty and investigation
costs against New Excelsior, Inc. ("New Excelsior") totaling Five Hundred Sixty Two Dollars
and Ninety -Four Cents ($562.94).
FACTUAL AND PROCEDURAL FINDINGS
1. On August 29, 2016, New Excelsior was assessed a civil penalty of $562.94 which
included civil penalties totaling $450.00 and $112.94 for investigative costs. The civil penalty
was based on violations for discharging waste water into the waters of the state in violation of the -
Permit Daily Maximum for Total Suspended Solids . and in violation of the Monthly Permit
Average for Total Suspended Solids.
2. According to the United States Postal Services return receipt, New Excelsior
received the assessment document on September 6, 2016.
3. On September 9, 2016, the Division of Water Resources ("DWR") received a
request for remission of the assessed civil penalty from New Excelsior including a Justification

2-
for Remission Request and New Excelsior's Waiver of Right to an Administrative Hearing and
Stipulation of Facts.
4. The Director's designee considered New Excelsior's request for remission of the
assessed penalty and the justification submitted as well as the required statutory factors and found
no grounds to reduce the civil penalty assessment.
5. On October 13,. 2016, New Excelsior received the decision to deny the request for,
remission of the civil penalty assessment.
6.. New Excelsior's request for remission and the recommendations of the Director's
designee were considered by the Civil Penalty Remissions Committee on January 12, 2017. New
Excelsior did not request to make an oral argument; therefore, its request for remission was
presented to the Civil Penalty Remissions Committee based on written submissions from New
Excelsior and the Division of Water Resources.
CONCLUSIONS OF LAW
Having-c6ris dered"the facts contained iri the record and the factors set forth in N-.C.G S §
143B-282.1(b) and (c), the Civil Penalty Remissions Committee finds and incorporates herein the
facts contained in the Findings and Decision and Assessment of Civil Penalties as stipulated to by
New Excelsior. Additionally the Committee concludes that the record supports the Findings of
Fact. The Findings of Fact in turn : support the Conclusions of Law. The Committee further
concludes that the Director's designee properly considered and applied the factors set forth in
N.C.G.S. § 143B-282.1 in determining the amount of the civil penalty and considering the request
for remission. Pursuant to N.C.G.S. § 143B-282.1(c), the Committee concludes that no grounds
have been shown by New Excelsior or are in the record to support the request for remission or
reduction of the penalty assessed by the Director's designee on August 29, 2016.

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JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 519, MOUNTAIN HOME, NC 28758
[phone] OFFICE
[phone] FAX
September 7, 2016
Surface Water Protection Section
Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, NC 28778
RE: New Excelsior Inc WWTP
NPDES Permit No. NC0000108
NOV-LV-2016-0169
Dear Mr. Davidson,
This letter is in response to the above NOV dated August 29, 2016 and received by James & James on or
about September 6, 2016. The violation was for the month of April, 2016.
The NOV was in reference to elevated Total Suspended Solids results. There were three exceedances for
the daily max and a monthly violation. This facility experienced torrential rains causing a significant
increase in the flow to the facility. Much debris and oils were received to the facility. We have determined
that there must be alternate supply from the roof drains and the parking lot to the facility. The facility
struggled to regain compliance. The operator added alum to help settle out the oils and the facility was
pumped. All components of the facility operate properly and the facility runs at its maximum potential for
the waste stream it receives.
The facility regained compliance for the month of May, 2016.
This facility has been running exceptionally well and we would appreciate any consideration of
assessments.
Thank you for your attention to this matter.
With highest regards,
Juanita James

.JUSTIFICATION FOR REMISSION REQUEST RECEIVECOMEOMR
Case Number: LV-2016-0169
Assessed Party: New Excelsior Inc
Permit No.: NC0000108
SEP 0 9 2016
County: Tra�Quaiity
r i A g Section
Amount Assessed: $562.94
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION: /`'a 00-du--ol

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF TRANSYLVANIA
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
New Excelsior Inc }
New Excelsior WWTP 1
PERMIT NO. NC0000108 ) CASE NO. LV 2.016-0169
Having been assessed civil penalties totaling $562.94 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated Au sgu t 29,2016 the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (3 0) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (3 0) days from the receipt of the
notice of assessment.
This the day of 20
_ � YILPi4
SIG
ADDRESS
mes ames
Environmental Management, Inc.
P. Q. Box 5, 9
Mountain Hnmp. NC 98758
TELEPHONE
9n -LAr) -664 �S

'atrR�
Certified Mail # 7014 0510 0000 4466 4507
Return Receipt Requested
August 29, 2016
Jim Kelley
New Excelsior Inc
1379 Old Rosman Hwy
Brevard, NC 28712
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215. 1 (a)(6)
and NPDES WW Permit No. NC0000108 -
New Excelsior Inc
New Excelsior WWTP
Case No. LV-2016-0169
Transylvania County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $562.94 ($450.00 civil penalty +
$112.94 enforcement costs) against New Excelsior Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by New Excelsior Inc for the month of April 2016. This review has shown the subject facility to be in violation of
the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0000108. The violations,
which occurred in April 2016, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that New Excelsior Inc violated the terms, conditions or
requirements of NPDES WW Permit No. NC0000108 and G.S. 143-215. 1 (a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty maybe assessed
against any person who violates the terms, conditions or requirements of'a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson,
P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against New
Excelsior Inc:
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

$200.00 2 of the 3 violations of 143-215.1(a)(6) and Permit No.NC0000108, by discharging
the waters of the State in violation of the Permit Daily Maximum for TSS - Cone.
$250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0000108, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for TSS - Cone.
$450.00 TOTAL CIVIL PENALTY
$112.94 Enforcement Costs
$562.94' TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143 B-2 82. 1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

a written request for remission or mitigation including a detailed justification for such
please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.I(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (3 0) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

If you wish to contest any statement in the attached assessment document you must file a petition for an adminis .
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition .
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, 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 Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at [phone] or via email [e-mail].
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
G-WQS-Ashevill'e-Regional=Office_-Enforcement-File`�
NPDES Compliance/Enforcement Unit - Enforcement File
James & James Environmental/ ORC
G `:LVRIIVQ' Tnncylrsnia`t�'a.'tea a[er`.� fino; s\Excelsior U(1,108'd. V-'_016-0161) rtf

1M
CIA
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
New Excelsior Inc
New Excelsior WWTP
PERMIT NO. NC0000108
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2016-0169
Having been assessed civil penalties totaling $562.94 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated August 29, 2016, the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2016-0169
Assessed Party: New Excelsior Inc
Permit No.: NC0000108
County:
Amount Assessed: $562.94
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidahle or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

ATTACHMENT A
New Excelsior Inc
CASE NUMBER: LV-2016-0169
r,r- MIVII I : IY\1000U-1 Vd
FACILITY: New Excelsior WWTP
REGION: Asheville
COUNTY: Transylvania
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 003 - Effluent
Violation Report
Unit of
Limit
Calculated
% Over
Violation
Penalty
Date MonthNr
Parameter
Frequency
Measure
Value
Value
Limit
Type
Amount
4/7/2016 4-2016
Solids, Total
Weekly
mg/I
45
48.60
8.0
Daily Maximum
$0.00
Suspended-
Exceeded
Concentration
4/21/2016 4-2016
Solids, Total
Weekly
mg/I
45
54.50
21.1
Daily Maximum
$100.00
Suspended-
Exceeded
Concentration
4/27/2016 4-2016
Solids, Total
Weekly
mg/I
45
57
26.7
Daily Maximum
$100.0.0
Suspended-
Exceeded
Concentration
4/30/2016 4-2016
Solids, Total
Weekly
mg/I
30
48.60
62.0
Monthly
$250.00
Suspended-
Average
Concentration
Exceeded

E: New Excelsior WWTP
New Excelsior Inc
FRADE: WW-2
eDMR PERIOD: 04-2016 (April 2016)
PERMIT VERSION: 3.0 .
CLASS: WW-2
ORC: Shannon D James
ORC HAS CHANGED: No
VERSION: 10
(Fib (y U d
PERMIT STATUS: Inactive
COUNTY: Transylvania f
ORC CERT NUMBER: 1002526
STATUS: Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 003 NO DISCHARGE*: NO
aG
8
E
8
F
�
O
o
Z a
50050
00010
00400
50060
C0310
C0610
C0530
31616
weekly
weekly
2 x month
2 X week
weekly
weekly
weekly
Weekly
Imetantancous '
Grab
Grab
Grab
Grab
Grab
Grab
Grab
FLOW
TEMPS
PH
CHLORINE
BOD - Cone
NH3-N - Cone
TSS -Cam
FEC COLI
2400 clock
Hrs
2400 dock
firs I
Y/D/N
mgd
deg c
su
ng/[ I
mg/1
mg/t
mgll
#/loom[
1
1045
0.40
Y
3
4
1140
0.67
Y
5
1145
0.75
Y
< 15
6
1200
0.50
Y
7
1135
0.40
Y
0.006
13
6.5
<15
13.3
23.3
48.6
<2
8
0825
0.42
Y
9
10
11
1235
0.53
Y
< 15
12
1240
0.67
Y
13
0950
0.47
Y
14
1220
10.67
Y
0.008
132
6
< 15
26.7
15
38.5
< 1
15
1455
0.67
Y
16
17
18
0915
0.67
B
< 15
19
1100
0.42
1 B
20
1015
033
B
21
1145
0.42
B
0.008
11.3
6
<15
12.6
0.7
54.5
<2
22
1118
025
Y
_
23
-
24
25
1140
0.33
Y
..26
1055
0.53
Y
< 15
27
1225
033
Y
57
28
1330
0.37
Y
0.006
18.6
6.9
<15
38.5
02
44A
<2
29
1145
033
1 Y
30
Monthly Average Limit:
0.015
30
21
30
200
Monthly Average:
0.007
15.025
0
22.775
9.8
48.6
1
Daily Maximum:
0.008
18.6
69
0
38.5
23.3
57
0
DailyMinimum:.
0.006
13
6 -
0
12.6
02
38.5
0
***'NoReportingReason: .ENFRUSE=NoFlow-Reuse/Recycle; ENVWTiR=No Visitation- Adverseweatmer, rvvrLUw=iNorww, n.,.. ,.-_. ......... -- �-,
... --�-
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2016 IN 10
0/67
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0
NPDES PERMIT NO.: NC0000108 PERMIT VERSION: 3.0 PERMIT STATUS: lawtive 'qq
FACILITY NAME: New Excelsior TP CLASS: W W-2 COUNTY: Transylvania W W
OWNER NAME: New Excelsior Inc ORC: Shannon D James ORC CERT NUMBER 0002526
GRADE: W W-2 ORC HAS CHANGED: No'
eDMR PERIOD: 04-2016 (April 2016) VERSION: 1.0 STATUS: Processed
COMPLIANCE: CONTACT PHONE #: [phone] SUBMISSION DATE: 05/24/2016
Jcc---� 05/23/2016
ORC/Certifier Signature: Shannon James E-Mail:[e-mail] Phone #:[phone] Date
By this signature, I certify that this report is accurate and complete to the best -of my -knowledge.
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment.
Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the permittee becomes aware of the circumstances.
If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part H.E.6 of
the NPDES permit.
05/24/2016
Permittee/Submitigr Signature:*** Yuanita James E-Mail:[e-mail] Phone #:[phone] Date
Permittee Address: 1379 Old Rosman Hwy Rosman NC 28772 Permit Expiration Date: 09/30/2015
I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the
system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for
knowing violations.
LAB NAME: James & James Environmental Mgt., Inc.
CERTIFIED LAB #: 482
PERSON(s) COLLECTING SAMPLES: Shannon James
CERTIFIED LABORATORIES
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Unit [phone] or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/forms.
FOOTNOTES
Use only units of measurement designated in the reporting facility's NPDES .permit for reporting data.
* No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR
for entire monitoring period.
** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204.
* * * Signature of Pemuttee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B
.0506(b)(2)(D).

Excelsior WWTP
New Excelsior Inc
PIMDE: W W-2
eDMR PERIOD: 04-2016 (April 2016)
Report Comments:
PERMIT VERSION: 3_0
CLASS: WW-2
ORC: Shannon D James
ORC HAS CHANGED: No
VERSION: 1.0
PERMIT STATUS: -Inactive
COUNTY: Transylvania
ORC CERT NUMBER: 1002526
STATUS: Processed
(F-.eZ 4,/�
On the 7th and the 28th BOD data valid; Blank was >0.20mg/L. There were three daily maximum violations during the month and this did give a monthly violation. We
anticipate that the increased Total Suspended Solids was due to the torrential rains causing additional flow into the facility. We have determined that there must be additional
water tied into the facility from the parking lot and down spouts. This storm water carries the debris from the parking lot and roof that the facility struggles to compensate for.
This excess water brings oils to the facility that weigh heavy in the effluent waters. We continually strive for compliance.

JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 519, MOUNTAIN HOME, NC 28758
[phone] OFFICE
[phone] FAX
April, 2016
Client: New Excelsior Sigma Plastics Group
NPDES PERMIT NUMBER: NC0000108
Dear Client,
We are pleased to notify you that your facility operated most of the month within your National Pollutant
Discharge Elimination System (NPDES) permit. We did experience a result that was greater than the
permit discharge limits. Your permit has both a monthly maximum and a daily maximum. Your facility
exceeded the permit discharge limits on the items listed below:
TOTAL SUSPENDED SOLIDS
5/7 — 48.6 mg/1
5/21— 54.5 mg/l
5/27 — 57 mg/1
Monthly Average 48.6 mg/1
There were three daily maximum violations during the month and this did give a monthly violation. We
anticipate that the increased Total Suspended Solids was due to the torrential rains causing additional flow
into the facility. We have determined that there must be additional water tied into the facility from the
parking lot and down spouts. This storm water carries the debris from the parking lot and roof that the
facility struggles to compensate for. This excess water brings oils to the facility that weigh heavy in the
effluent waters. We continually strive for compliance.
Please find enclosed a copy of the Discharge Monitoring Report (DMR) for last month. This report and
one copy have been sent to the State on your behalf. Please place this report in your file for future
reference.
Thank you for choosing James & James as your service company.
ank you,
f ^ 1 41�-(Xbo
J nita James

Permit Enforcement History Details by Owner
Ci�`'�
8/29/2016
1
Owner: New Excelsior Inc
Facility : New Excelsior WVVfP
Permit: NC0000108
Region : Asheville
County Transylvania
Penalty
Remission Enf Enf
EMC EMC OAH
Collection
Has
Assessment
Penalty
Enforcement
Request Conf Remission
Hearing Remission Remission
MemoSent Total
Balance
Pmt
Case
Case MR Approved
PP
Amount
Costs
Damages Received Held Amount
Held Amount Amount
To AGO Paid
Due
Plan
Closed
Number
RV-1995-0008 5/24/95
$250.00
$0.00
$0.00
$250.00
$0.00
No
6/19/95
LV-2000-0148 5/12/00
$1,250.00
$100.00
6/5/00 8/2/00 $0
$1,350.00
$0.00
No
9/6/00
LV-2000-0156 5122/00
$1,000.00
$50.00
6/21/00 8/2/00 $0
$1,050.00
$0.00
No
9/6/00
TX-2000-0063 11/8/00
$1,000.00
$74.24
$1,074.24
$0.00
No
1217/00
LV-2010-0091 10-2009 3/23/10
$100.00
$67.00
$167.00
$0.00
No
4/13/10
LV-2014-0025 11-2013 3/14/14
$450.00
$147.50
8/1/14
$597.50
No
LV-2016-0041 7-2015 1/28/16
$100.00
$159.26
$259.26
No
Total Cases: 7 Total Penalty Amount:
$4,150
Total Enforcement Cost: $598.00
Sum Of Total Paid: $3,891.24
Total Balance Due: $856.76
Sum of Total Case Penalties: $4,748.00
Total Penalties
After Remissions: $4,748.00

22
LMonitoriWioiats r Llolatons
Ci9xer ic;lations '
Permit: t}1O0000108 [7etails�
80G: , A[): Details.. Monitoring Report:
Details
i
Facility: New Excelsior WVVTP
� Details Region: she011e T
County: rans�ivarii
owner:
New Excelsior Inc
� fv_laintain.� Incident: � � e�aiiv ..
:Inspect. Dt: � Det3 is-.
Facility Reported As: Y% Compliant * Dion Compliant I~ Not Reported Q Is signed
......... ..... _ .
Report Type: D611R
*'Gutf...
Location
*Parameter
*Date
Manual
*Description
S�OC Limit
*Caicu...
Unit
% D3 er
�:ction
,003
Effluent
Solids, Total ...
04f0712016
❑
Daily roaximurn ...
❑ ?45
48-6
003
Effluent
Solids, Total—
04121f2016
❑
Daily Maximum _..
E j4-
54.5 ...
mgll
121.111...
1003
Effluent
Solids, Total ...
0412712016
Q
Daily Maximum...
E] 145
57
m
26.666...
003
Effluent
Solids, Total...
0413012016
[
rylonthly.A.verage...
❑ 30
40.6 .._
mgfl
62
In€t p=1NQC1-
li Tate NOV--
I1 iti3-e Enforceme,nt..-
fn tiate l emar;d..�
Save t� F�eca;culate�� _
tgiR-.....
. .. ... ......
Help I
_...... ...... .
4 Limit' Violations found.
Ready l SID: VLLR

New Excelsior Inc
New Excelsior WWTP
County: Transylvania
Case Number: LV-2016-0169
ASSESSMENT FACTORS
1)The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
2)The duration and gravity of the violation; -
Three Daily Max TSSs exceeded the permit limit by 8%, 21.11% & 26.66%.
One Monthly Average TSS exceeded the permit limit by 62%.
3)The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
4)The cost of rectifying the damage;
The cost is unknown.
5)The amount of money saved by noncompliance;
The amount of money saved would include the cost of excess solids removal and additional aeration. It
would also include more operating and maintenance time on site and the cost of additional chemical
treatment.
The amount of money saved would include the cost of collection of the additional samples and the cost of
analyzing them at a certified lab.
6)Whether the violation was committed willfully or intentionally;
It does not appear to be either.
7)The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
There has been one civil penalty assessment in the twelve months prior to this violation.
8)The cost to the State of the enforcement procedures.
$112.94.
�" I 3-c>( (C,:;,
Date
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

Sent:
To:
Subject:
Hi Janet,
Friday, December 02, 2016 2:26 PM
Cantwell, Janet
Stuff From LV-2016-0169 New Excelsior
I'm sorry to bug you with this, but can you help me out with some documents? I need a copy of the civil penalty
assessment, the assessment factors page, and the certified mail receipt for case LV-2016-0169, assessed against New
Excelsior, Inc. (NC0000108). We've got to send this one on to the EMC remission committee, and they'll want to see all
the documentation.
Thank you for any help you can provide.
Have a great weekend.
:..
Bob Sledge
Environmental Specialist
Division of Water Resources — NPDES Compliance & Expedited Permitting Unit
North Carolina Department of Environmental Quality
919-807-6398
[e-mail]
512 N. Salisbury Street
1617 Mail Service Center
Raleigh, NC 27699-1617
Nothing Compares —.,.,-
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

4�'aterResourc�s,
�ni1r���NM�ai�b r�ttac:6r'r'
Certified Mail # 7014 0510 0000 4466 4507
Return Receipt Requested
August 29, 2016
Jim Kelley
New Excelsior Inc
1379 Old Rosman Hwy
Brevard, NC 28712
'PAT,mG."' CR'
-:Grissr�ar.
DONALD R_ � D1;R,,� A RT:
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.l(a)(6)
and NPDES WW Permit No. NC0000108
New Excelsior Inc
New Excelsior WWTP
Case No. LV-2016-0169
Transylvania County
Dear Permittee:
5 J �►�t °ZINihER1VI:4N
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $562.94 ($450.00 civil penalty +
$112.94 enforcement costs) against New Excelsior Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by New Excelsior Inc for the month of April 2016: This review has shown the subject facility to be in violation of
the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NCO 000108. The violations,
which occurred in April 2016, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that New Excelsior Inc violated the terms, conditions or
requirements of NPDES WW Permit No. NC0000108 and G.S. 143-215.1(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established.by G.S. 143-215.6A(a)(2), a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson,
P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against New
Excelsior Inc:
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

$200.00 2 of the 3 violations of 143-215.1(a)(6) and Permit No.NC0000108, by discharging wast(
the waters of the State in violation of the Permit Daily Maximum for TSS - Conc.
$250.00 1 of the 1 violations of 143-215.l(a)(6) and Permit No.NC0000108, by discharging wast(
the waters of the State in violation of the Permit Monthly Average for TSS - Conc.
$450.00 TOTAL CIVIL PENALTY
$112.94 Enforcement Costs
$562.94 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282. 1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of.
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

p6n 2: Submit a written request for remission or mitigation including a detailed justification for such
uest:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) &ys of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrati
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition wi
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: ' [phone]
One (1) copy of the petition must also be served on DEQ• as follows:
Mr. Sam M. Hayes, 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 Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at [phone] or via email [e-mail].
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement. Unit - Enforcement File
James & James Environmental/ ORC
G:\SVR'AVQ;1'ransglvsniaSNastcivater'�Ylinorsl3sc�Isior 00109AN ?016-0169 rif

Assessed Party:
JUSTIFICATION FOR REMISSION REQUEST
LV-2016-0169
New Excelsior Inc
Permit No.: NC0000108
County: Transylvania
Amount Assessed: $562.94
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (Le., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF TRANSYLVANIA
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
New Excelsior Inc
New Excelsior WWTP
PERMIT NO. NC0000108
DEPARTMENT OF ENVIRONMENTAL
WAIVER OF RIGHT TO AN
ADNIINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2016-0169
Having been assessed civil penalties totaling $562.94 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated August 29, 2016, the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
New Excelsior Inc
CASE NUMBER: LV-2016-0169
,PERMIT: NC0000108 REGION: Asheville
FACILITY: New Excelsior WWTP COUNTY: Transylvania
LIMIT VIOLATION(S)
SAMPLE LOCATION:
Outfall 003 - Effluent
Violation
Report
Unit of
Limit
Calculated
% Over
Violation
Penalty
Date
MonthNr Parameter
Frequency
Measure
Value
Value
Limit
Type
Amount
4/7/2016
4-2016
Solids, Total
Weekly
mg/I
45
48.60
8.0
Daily Maximum
$0.00
Suspended-
Exceeded
Concentration
4/21/2016
4-2016
Solids, Total
Weekly
mg/I
45
54.50
21.1
Daily Maximum
$100.00
Suspended-
Exceeded
Concentration
4/27/2016
4-2016
Solids, Total
Weekly
mg/I
45
57
26.7
Daily Maximum
$100.00
Suspended-
Exceeded
Concentration
4/30/2016
4-2016
Solids, Total
Weekly
mg/I
30
48.60
62.0
Monthly
$250.00
Suspended-
Average
Concentration
Exceeded

VR
T NO.: NC0000108
ME: New Excelsior W WTP
: New Excelsior Inc
GRADEW : W -2
eDMR PERIOD: 04-2016 (April 2016)
PERMIT VERSION: 3_0 .
CLASS: W W-2
ORC: Shannon D James
ORC HAS CHANGED: No
VERSION: 1.0
PERMIT STATUS: Inactive
COUNTY: Transylvania f
ORC CERT NUMBER: 1002526
STATUS: Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 003 NO DISCHARGE*: NO
In
s
'ty
H
u F
m
U
F°
6
w
O
`
O
U
O
a
z a
50050
00010
00400
50960
C0310
C0610
C0530
31616
Weekly
Weekly
2Xmonth
2Xwwk
Weekly
Weekly
Weekly
Weekly
Instantaneous
Grab
Grab
Grab
Grab
Grab
Grab
Grab
FLOW
TEMP-C
PH
CHLORINE
BOD - Cove
NH3-N - Cove
TSS- Cone
FEC COLI
2400 clock jHrz
2400 clock
Hre
Y/B/N
mgd
deg a
su
up/l
mg/l
mg/I
mg/l
#/100m1
1
1045
0.40
Y
3
4
1140
0.67
Y
5
1145
0.75
Y
< 15
W<2
6
1200
050
Y
7
1135
0.40
Y I
0.006
13
6.5
<15
133
23.3
8
0825
0.42
Y
9
10
11
1235
0.53
Y
< 15
12 -
1240
0.67
Y
13
0950
0.47
Y
14
1220
0.67
Y
0.008
13.2
6
< 15
26.7
15
38.5
< 1
15
1455
0.67
Y
16
17
18
0915
0.67
B
< 15
19
1100
0.42
B
20
1015
033
B
21
1145
0.42
13
0.008
15.3
6
< 15
12.6
0.7
54.5
< 2
22
Ills
025
Y
_
23
24
25
1140
033
Y
26
1055
0.53
Y
< I S
27
1225
033
Y
57
28
1330
037
Y
0.006
18.6
6.9
<15
38.5
0.2
29
1145
033
Y
30
Monthly Average Lhvit:
0.015
30
21
30
200
Monthly Average:
0.007
15.025
0
22.775
9.8
48.6
1
Daily Masimvm:
0.008
18.6
69
0
38.5
23.3
57
0
Deity Mlvtmvm:.
0.006
13
6
0
12.6
0.2
38.5
0
****No Reporting Reason:_ENFRUSE=NoFlowReuse/Recycle;ENVWTHR=No Visitation -Adverse Weather,NUYLUW=tvaNow, r1ulAurr=ivovisuarwu-., a�
oseg Ritz'
,:., 2c MAY 31 Z016

NPDES PERMIT NO.: NC0000108 PERMIT VERSION: 3.0 PERMIT STATUS: Inactive
FACILITY NAME: New Excelsior WWTP CLASS: WW-2 COUNTY: Transylvania
OWNER NAME: New Excelsior Inc ORC: Shannon D James ORC CERT NUMBER: 1002526
GRADE: WW-2 ORC HAS CHANGED: No
eDMR PERIOD: 04-2016 (April 2016) VERSION: 1.0 STATUS: Processed
COMPLIANCE: CONTACT PHONE #: [phone] SUBMISSION DATE: 05/24/2016
05/23/2016
ORC/Certifier Signature: Shannon James E-Mail:[e-mail] Phone #:[phone] Date
By this signature, I certify that this report is accurate and complete to the best of my knowledge.
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment.
Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the permittee becomes aware of the circumstances.
If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part II.E.6 of
the NPDES permit.
05/24/2016
Permittee/SubmittOr Signature:*** Yuanita James E-Mail:[e-mail] Phone #:[phone] Date
Permittee Address: 1379 Old Rosman Hwy Rosman NC 28772 Permit Expiration Date: 09/30/2015
I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the
system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for
knowing violations.
LAB NAME: James & James Environmental Mgt., Inc.
CERTIFIED LAB #: 482
PERSON(s) COLLECTING SAMPLES: Shannon James
CERTIFIED LABORATORIES
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Unit [phone] or by visiting http://portal.nedenr.org/web/wq/swp/ps/npdes/fors.
FOOTNOTES
Use only units of measurement designated in the reporting facility's NPDES .permit for reporting data.
* No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR
for entire monitoring period.
** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204.
*** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B
.0506(b)(2)(D).

NO.: NC0000108 PERMIT VERSION: 3.0 PERMIT STATUS: -Inactive
V
: New Excelsior W WTP CLASS: W W-2 COUNTY: Transylvania
New Excelsior Inc ORC: Shannon D James ORC CERT NUMBER: 1002526
ORC HAS CHANGED: No
eDMR PERIOD: 04-2016 (April2016) VERSION: 1.0 STATUS: Processed
Report Comments:
On the 7th and the 28th BOD data valid; Blank was >0.20mg/L. There were three daily maximum violations during the month and this did give a monthly violation. We
anticipate that the increased Total Suspended Solids was due to the torrential rains causing additional flow into the facility. We have determined that there must be additional
water tied into the facility from the parking lot and down spouts. This storm water carries the debris from the parking lot and roof that the facility struggles to compensate for.
This excess water brings oils to the facility that weigh heavy in the effluent waters. We continually strive for compliance.

JAMES ♦ JAMES ENVIRONMENTAL MANAGEMEN
PO BOX 519, MOUNTAIN HOME, NC 28758
.
5 FAX
April, 2016
Client: New Excelsior Sigma Plastics Group
NPDES PERMIT NUMBER: NC0000108
Dear Client,
We are pleased to notify you that your facility operated most of the month within your National Pollutant
Discharge Elimination System (NPDES) permit. We did experience a result that was greater than the
permit discharge limits. Your permit has both a monthly maximum and a daily maximum. Your facility
exceeded the permit discharge limits on the items listed below:
TOTAL SUSPENDED SOLIDS
5/7 — 48.6 mg/l
5/21 — 54.5 mg/l
5/27 — 57 mg/1
Monthly Average 48.6 mg/1
There were three daily maximum violations during the month and this did give a monthly violation. We
anticipate that the increased Total Suspended Solids was due to the torrential rains causing additional flow
into the facility. We have determined that there must be additional water tied into the facility from the
parking lot and down spouts. This storm water carries the debris from the parking lot and roof that the
facility struggles to compensate for. This excess water brings oils to the facility that weigh heavy in the
effluent waters. We continually strive for compliance.
Please find enclosed a copy of the Discharge Monitoring Report (DMR) for last month. This report and
one copy have been sent to the State on your behalf. Please place this report in your file for future
reference.
Thank you for choosing James & James as your service company.
ank you,
J ita James

Permit Enforcement History Details by Owner
8/
Owner: New Excelsior Inc
Facility : New Excelsior WWTP
Permit: NC0000108
Region : Asheville
County Transylvania
Penalty
Remission
Enf Enf
EMC EMC OAH
Collection
Has
Assessment
Penalty
Enforcement
Request
Conf Remission
Hearing Remission Remission
MemoSent
Total
Balance
Pmt
Case
Case MR Approved
PP
Amount
Costs
Damages Received
Held Amount
Held Amount Amount
To AGO
Paid
Due
Plan
Closed
Number
RV-1995-0008 5/24/95
$250.00
$0.00
$0.00
$250.00
$0.00
No
6/19/95
LV-2000-0148 5/12/00
$1,250.00
$100.00
6/5/00
8/2/00 $0
$1,350.00
$0.00
No
9/6/00
LV-2000-0156 5/22/00
$1,000.00
$50.00
6/21/00
8/2/00 $0
$1,050.00
$0.00
No
9/6/00
TX-2000-0063 11/8/00
$1,000.00
$74.24
$1,074.24
$0.00
No
12/7/00
LV-2010-0091 10-2009 3/23/10
$100.00
$67.00
$167.00
$0.00
No
4/13/10
LV-2014-0025 11-2013 3/14/14
$450.00
$147.50
8/1/14
$597.50
No
LV-2016-0041 7-2015 1/28/16
$100.00
$159.26
$259.26
No
Total Cases: 7 Total Penalty Amount:
$4,150
Total Enforcement Cost: $598.00
Sum Of Total Paid: $3,891.24
Total Balance Due:
$856.76
Sum of Total Case Penalties: $4,748.00
Total Penalties After Remissions:
$4,748.00

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE)
New Excelsior Inc
Name: New Excelsior WWTP
Permit Number: NC0000108
County: Transylvania
Case Number: LV-2016-0169
ASSESSMENT FACTORS
1)The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
2)The duration and gravity of the violation;
Three Daily Max TSSs exceeded the permit limit by 8%, 21.11% & 26.66%.
One Monthly Average TSS exceeded the permit limit by 62%.
3)The effect on ground or surface water quantity or quality or on air quality; '
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
4)The cost of rectifying the damage;
The cost is unknown.
5)The amount of money saved by noncompliance;
The amount of money saved would include the cost of excess solids removal and additional aeration. It
would also include more operating and maintenance time on site and the cost of additional chemical
treatment.
The amount of money saved would include the cost of collection of the additional samples and the cost of
analyzing them at a certified lab.
6)Whether the violation was committed willfully or intentionally;
It does not appear to be either.
7)The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
There has been one civil penalty assessment in the twelve months prior to this violation.
8)The cost to the State of the enforcement procedures.
$112.94.
Date G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

�Id4lkftfdfkfE�''�AL dfipgEF"�°;J"
Certified Mail # 7012 1010 0002 1965 6652
Return Receipt Requested
July 1, 2016
Jim Kelley
New Excelsior Inc
1379 Old Rosman Hwy
Brevard, NC 28712
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2016-LV-0385
Permit No. NC0000108
New Excelsior WWTP
Transylvania County
Dear Permittee:
A review of the April 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample
Limit
Reported
Location
Parameter
Date
Value
Value
Type of Violation
003 Effluent
Solids, Total Suspended -
4/7/2016
45
48.6
Daily Maximum Exceeded
Concentration (C0530)
003 Effluent
Solids, Total Suspended -
4/21/2016
45
54.5
Daily Maximum Exceeded
Concentration (C0530)
003 Effluent
Solids, Total Suspended -
4/27/2016
45
57
Daily Maximum Exceeded
Concentration (CO530)
003 Effluent
Solids, Total Suspended -
4/30/2016
30
48.6
Monthly Average Exceeded
Concentration (CO530)
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

. k �
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215:1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not
more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails
to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice.
A review of your response will be considered along with any information provided on the submitted Discharge
Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the
violations. If no response is received in this Office within the 10-day period, a civil penalty
assessment may be prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
It was also noted that the Compliance Box on your eDMR was missing and not displayed. It should have been
marked "Non -Compliant." Please remedy this on future EDMRs.
If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional
Office at 828-296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Cc f-- WQ­SA shevilleRegional Office -Enforcement File
NPDES-Compliance/Enforcement Unit - Enforcement File
James & James Environmental/ ORC
G:\W R\WQ\Transylvania\Wastewater\Mirrors\Excelsior 00108\N0V-N0I-2016-LV-0385.rtf

r'as
bti'afer��.��atrces, .
�iatrKac?wa�ate�s a�tati
Certified Mail # 7012 1010 0002 1965 6652
Return Receipt Requested
July 1, 2016
Jim Kelley
New Excelsior Inc
1379 Old Rosman Hwy
Brevard, NC 28712
PST NiC�R.°°:aRY:
;:Gm.•ersrvr
E3CRI'JLI7 R V I7ER'�4T
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2016-LV-0385
Permit No. NC0000108
New Excelsior WWTP
Transylvania County
Dear Permittee:
A review of the April 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
003 Effluent Solids, Total Suspended - 4/7/2016 45 48.6 Daily Maximum Exceeded
Concentration (C0530)
003 Effluent Solids, Total Suspended - 4/21/2016 45 54.5 Daily Maximum Exceeded
Concentration (C0530)
003 Effluent Solids, Total Suspended - 4/27/2016 45 57 Daily Maximum Exceeded
Concentration (CO530)
003 Effluent Solids, Total Suspended - 4/30/2016 30 48.6 Monthly Average Exceeded
Concentration (CO530)
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not
more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails
to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice.
A review of your response will be considered along with any information provided on the submitted Discharge
Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the
violations. If no response is received in this Office within the 10-day period, a civil penalty
assessment may be prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
It was also noted that the Compliance Box on your eDMR was missing and not displayed. It should have been
marked `Non -Compliant." Please remedy this on future EDMRs.
If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional
Office at 828-296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
James & James Environmental/ ORC
G:\WRIVIQ\Transylvania\�Vastewater\Minors♦Excelsior 00108\NOV-NOI-2016-LV-0385.rtf

iN�e�a�ReFu�es.
�NtriR�i��n�rtYa:4lrA� Cyr'
Certified Mail # 7014 0510 0000 4466 7812
Return Receipt Requested
January 29, 2016
.:errrvr
D NAL`D R., %' a v` i x
Jim Kelley
New Excelsior Inc
1379 Old Rosman Hwy
Brevard, NC 28712
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.l(a)(6)
and NPDES WW Permit No. NC0000108
New Excelsior Inc
Excelsior Packaging Group
Case No. LV-2016-0041
Transylvania County
Dear Permittee:
5. Jt1Y �I�iIvI�RM�.N'
Z?lie�ur
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $259.26 ($100.00 civil penalty +
$159.26 enforcement costs) against New Excelsior Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by New Excelsior Inc for the month of July 2015. This review has shown the subject facility to be in violation of
the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NCO 000108. The violations,
which occurred in July 2015, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that New Excelsior Inc violated the terms, conditions or
requirements of NPDES WW Permit No. NC0000108 and G.S. 143-215.1(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty maybe assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality, and the Director of the Division of Water Resources, I, G. Landon Davidson;
P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against New
Excelsior Inc:
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

$100.00 1 of the 1 violations of 143-215. 1 (a)(6) and Permit No.N00000108, by discharging
,the waters of the_ State in violation of the Permit Daily Maximum for TSS - Cone.
$0.00 0 of the 1.violations of 143-215. 1 (a)(6) and Permit No.N00000108, by discharging waste water
the waters of the State in violation of the Permit Monthly Average for TSS - Conc.
$100.00 TOTAL CIVIL PENALTY
$159.26 Enforcement Costs
$259.26 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private properly
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality; .
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form).. Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

a written request for remission or mitigation including a detailed justification for such
e be aware that a request for remission is limited to consideration of the five factors listed below as they may
ate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that'all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirtyS30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

3: File a
with the Office of
If you wish to contest any statement in the attached assessment document you must file a petition for an admini
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petitio
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 fag numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, 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 Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at [phone] or via email [e-mail].
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: iNiQS�'s : evi1l egianaIFUR % AEn`f iM,n R e
NPDES" Compliance/Enforcement Unit - Enforcement File
James & James Environmental/ ORC
G:' VWW,WQ'%Transyhvnnia\Wastewater^.M1-Gnora`.Gceisior 00148J.V'21116-OC4I.rtf

JUSTIFICATION FOR REMISSION REQUEST
nber: LV-2016-0041
Party: New Excelsior Inc
No.: NC0000108
County: Transylvania
Amount Assessed: $259.26
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe, support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty'assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil
penalty maybe granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i. e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMEN
COUNTY OF TRANSYLVANIA
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING Ai
STIPULATION OF FACTS
New Excelsior Inc )
Excelsior Packaging Group )
PERMIT NO. NC0000108 ) CASE NO. LV-2016-0041
Having been assessed civil penalties totaling $259.26 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated January 29, 2016, the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
ofassessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
New Excelsior Inc
CASE NUMBER: LV-2016-0041
PERMIT: NC0000108 FACILITY: Excelsior Packaging Group COUNTY: Transylvania REGION: Asheville
Limit Violations
MONITORING
OUTFALL /
VIOLATION
UNIT OF
CALCULATED
% OVER
PENALTY REPORT
PPI LOCATION PARAMETER
DATE FREQUENCY
MEASURE
LIMIT VALUE
LIMIT VIOLATION TYPE
$100.00 7-2015 003 Effluent TSS - Conc 7/23/15 Weekly mg/I 45 80
$0.00 7-2015 003 Effluent TSS - Conc 7/31/15 Weekly mg/I 30 32.00
77.8 Daily Maximum Exceeded
6.6 Monthly Average Exceeded

Excelsior Packaging Group
LV-2016-0041
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
2) The duration and gravity of the violation;
One Daily Max TSS exceeded the permit limit by 77.77 %.
One Monthly Average TSS exceeded the permit limit by 6.58%.
3) The effect on ground or surface water quantity or quality or on.air quality;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved would include the cost of excess solids removal and additional aeration. It
would also include more operating and maintenance time on site and the cost of additional chemical
treatment.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
There have been no civil penalty enforcements in the twelve months prior to this assessment.
8) The cost to the State of the enforcement procedures.
$159.26
p! • Z
Date
Mills
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

PERMIT VERSION: 3_0
CLASS: WW-2
ORC: Juanita Reed James
ORC HAS CHANGED: Yes
i G
PERMIT STATUS: Active iti"`
COUNTY: Transylvania
ORC CERT NUMBER: 24074
VERSION: 1.0 STATUS: Processed
'ION: EFFLUENT DISCHARGE NO.: 003 NO DISCHARGE*: NO
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50050
00010
00400
50060
C0310
C0610
C0530
31616
Weekly
I
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2 X month
-
2 X week
Weekly
Weekly
Weekly
Weekly
Instantaneous
'Grab
Grab
Grab
Grab
Grab
Grab
Grab
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TEMP-C
PH
CHLORINE
BOD - Cone
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FEC COLI
2400
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2400
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YB/N
mgd
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#/100ml
1
1000
0.25
FY2
1010
033
< 15
3
No Visitation - Holiday
-
4
5
6
1020
0.42
Y
7.9
7
1015
0.5
Y
< 15
8
1445
0.33
Y
9
1250
0.67
Y
0.001
24.3
7.4
j< 15
6.33
0.135
15.2
< I
10
1300
0.42
Y
Il
12
13
1305
0.5
Y
14
0925
0.58
Y
0.001
23.4
< 15
14.7
0.26
9.18
< 1
15
0941
0.33
Y
16
1355
0.42 JY
17
1100
0.33
Y
< 15
18
19
20
1030
0.67
Y
21
1111
0.5
Y
< 15
22
1020
0.37
Y
23
1030
0.42
Y
0.0015
24.5
6.9
< 15
> 20.3
0.4
80
400
24
1335
0.33
Y
25
26
27
1234
0.92
B
28
1218
0.3
B
25.5
7.1
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22.6
29
1510
0.33
B
30
1310
0.42
B
0.002
< 15
32.5
0.3
32.9
4
31
1425 10.33
113
Monthly Average Limit:
0.015
30
21
30
200
Monthly Average:
0.001375
24.425
7.325
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18.4575
0.27375
31.976
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y --
Division 0 aZel eso rces z
R: SPP 1 1 2015 F (� SiIJ�
AUG 3 2015
r CENTRAL FILES
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By this signature, I certify that this report is accurate and complete to the best of my knowledge.
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment.
Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the permittee becomes aware of the circumstances.
If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part II.E.6 of
the NPDES permit.
COMMENTS: BOD on the 9th & 14 th : data valid; blank was >0.20mg/L & GGA was greater then 228.5 mg/L
BOD on the 23rd: data valid; blank was >0.20mg/L & sample did not leave 1.00mg/L DO
TSS on the 28th: data valid; ran out of hold time
The laboratory ran the analysis based upon the understood criteria of odor and appearance but the sample depleted all of the oxygen from the test bottle. Therefore, a greater than
result was documented for the BOD. We anticipate that the increased BOD contained within the facility was due to a slug of potential cleaning products in the BOD influent
concentration. With much conversation among the employees, nothing notable has been determined. This is still an open investigation. In this even, the slug was sufficient
enough to kill bacteria, thereby increasing the total suspended solids results. We are working diligently with the staff of New Excelsior to find an end to this issue.
BOD on the 30th: data valid; blank was >0.20mg/L & RPD>30%
08/20/2015
Permittee/Su m tter Signature:* uanita James E-Mail:[e-mail] Phone 4:828-697-0063 Date
Permittee Address: 1379 Old Rosman Hwy Rosman NC 28772 Permit Expiration Date: 09/30/2015
I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the
system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for
knowing violations.
LAB NAME: James and James Environmental Mgt. Inc.
CERTIFIED LAB #: 482
PERSON(s) COLLECTING SAMPLES: Shannon James
CERTIFIED LABORATORIES
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Unit [phone] or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/forms.
FOOTNOTES

JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 519, MOUNTAIN HOME, NC 28758
[phone] OFFICE
[phone] FAX
July, 2015
Client: New Excelsior Sigma Plastics Group
NPDES PERMIT NUMBER: NC0000108
Dear Client,
We are pleased to notify you that your facility operated most of the month within your National
Pollutant Discharge Elimination System (NPDES) permit. We did experience a result that was greater than
the permit discharge limits. Your permit has both a monthly maximum and a daily maximum. Your
facility exceeded the permit discharge limits on the items listed below:
BOD-5 day test
23rd - >20.3 mg/l
TSS -
23rd — 80.0 mg/l
Monthly Average 34.3 mg/1
This result is less than the set 45 mg/1 daily max however with the ">" sign indicating that this is not the
greatest number that was available.. The laboratory ran the analysis based upon the understood criteria of
odor and appearance but the sample depleted all of the oxygen from the test bottle. Therefore, a greater
than result was documented.
This did not give a monthly violation. We anticipate that the increased BOD contained within the facility
was due to a slug of potential cleaning products in the BOD influent concentration. With much
conversation among the employees, nothing notable has been determined. This is still an open
investigation. In this event, the slug was sufficient enough to kill bacteria, thereby increasing the total
suspended solids result. We are working diligently with the staff of New Excelsior to find an end to this
issue.
Please find enclosed a copy of the Discharge Monitoring Report (DMR) for last month. This report and
one copy have been sent to the State on your behalf. Please place this report in your file for future
reference.
Thank you for choosing James & James as your service company.
Thank you,
Juan an
ame� ��^

4i dterResburlbis
E�dttii bCJMB :$tia'CiUaC fY
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D'ONALD DER. VAART
Direcu�F
Certified Mail # 7014 0510 0000 4466 7812
Return Receipt Requested
January 29, 2016
Jim Kelley
New Excelsior Inc
1379 Old Rosman Hwy
Brevard, NC 28712
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.l(a)(6)
and NPDES WW Permit No. NC0000108
New Excelsior Inc
Excelsior Packaging Group
Case No. LV-2016-0041
Transylvania County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $259.26 ($100.00 civil penalty +
$159.26 enforcement costs) against New Excelsior Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by New Excelsior Inc for the month of July 2015. This review has shown the subject facility to be in violation of
the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0000108. The violations,
which occurred in July 2015, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that New Excelsior Inc violated the terms, conditions or
requirements of NPDES WW Permit No. NC0000108 and G.S. 143-215.1(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson,
P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against New
Excelsior Inc:
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

$100.00
$0.00
1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0000108, by discharging w�
the waters of the State in violation of the Permit Daily Maximum for TSS - Cone.
0 of the 1 violations of 143-215. l (a)(6) and Permit No.NC0000108, by discharging w,
the waters of the State in violation of the Permit Monthly Average for TSS - Conc.
$100.00 TOTAL CIVIL PENALTY
$159.26 Enforcement Costs
$259.26 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

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

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearint
If you wish to contest any statement in the attached assessment document you must file a petition for an
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered tiled
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of -Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, 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 Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at [phone] or via email [e-mail].
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
James & James Environmental/ ORC
U'dC'Fi`AVQ\Trancytvania`.SVxstc�tatar�M1�liao: i�.Fsce;cior !7nIU8`,LP _nIG-Uti41 rtF

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2016-0041
Assessed Party: New Excelsior Inc
Permit No.: NC0000108
County: Transylvania
Amount Assessed: $259.26
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282. 1 (c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF TRANSYLVANIA
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
New Excelsior Inc
Excelsior Packaging Group
PERMIT NO. NC0000108
DEPARTMENT OF ENVIRONMENTAL
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2016-0041
Having been assessed civil penalties totaling $259.26 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated January 29, 2016, the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (3 0) days from the receipt of the
notice of assessment.
This the day of 520
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
New Excelsior Inc
CASE NUMBER: LV-2016-0041
PERMIT: NC0000108 FACILITY: Excelsior Packaging Group COUNTY: Transylvania REGION: Asheville
Limit Violations
MONITORING OUTFALL I VIOLATION UNIT OF CALCULATED % OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$100.00 7-2015 003 Effluent TSS - Cone 7/23/15 Weekly mg/I 45 80 77.8 Daily Maximum Exceeded
$0.00 7-2015 003 Effluent TSS - Cone 7/31/15 Weekly mg/I 30 32.00 6.6 Monthly Average Exceeded

IIIIIIII1111I:3
sior Packaging Group
-.I.;- Tyr
PERMIT VERSION: 3.0
CLASS: WW-2
ORC: Juanita Reed James
ORC HAS CHANGED: Yes
PERMIT STATUS: Active
COUNTY: Transylvania
ORC CERT NUMBER: 24074
eDMR PERIOD: 07-2015 (July 2015) VERSION: 1.0 STATUS: Processed
. SAMPLING. LOCATION: EFFLUENT DISCHARGE NO.: 003 NO DISCHARGE*: NO
A
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00400
50060
C0310
C0610
C0530
31616
Weekly
Weekly,
2 X month
2 X week
Weekly
Weekly
Weekly
Weekly
Instantaneous
Grab
Grab
Grab
Grab
Grab
Grab
Grab
FLOW--�
TEMP-C
PH
CHLORINE
BOD - Conc
NH3-N -Conc
TSS - Conc
FEC COLI
2400
Hrs
2400
Hrs
Y/B/N
mgd
deg c
su
ug/1
mg/I
mg/I
mg/I
N/looml
1
1000
0.25
Y'�
2
1010
0.33
Y
< 15
3
No Visitation - Holiday
4
5
6
1020
0.42
Y
7.9
7
1015
0.5
Y
< 15
8
1445
0.33
Y
9
1250
0.67
Y
0.001
24.3
7.4
< 15
6.33
0.135
15.2
< I
10
1300
0.42
Y
11
12.
13
1305
0.5
Y
14
0925
0.58
Y
0.001
23.4
< 15
14.7
0.26
9.18
< 1
15
0945
0.33
Y
16
1355
0.42
Y
17
1100
0.33
Y
< 15
18
19
20
1030
21
1115
r67Y
Y
< 15
22
1020
Y
23
1030
0.42
JY
0.0015
24.5
6.9
< 15
> 20.3
0.4
SO
400
24
1335
0.33
Y
25
26
27
1234
0.92
B
28
1218
10.3
JB
25.5
7.1
< 15
22.6
29
0.33L
B
30
1310
0.42
B
0.002
< 15
32.5
0.3
32.9
4
311510
1425
0.33
B
Monthly Average Limit:
0.015
30
21
30
200
- Monthly Average:
0.001375
24.425
7.325
0
18.4575
0.27375
31.976
6.324555
DailyMasimu °�?t
t1i002'�: �er/p;;
25.5
79
0
32.5
0.4
80
400
Daily Minimum.'
_..__.
0.00"I
23.4
6.9
0
6.33
0.135
9.18
0
Monthly Avg % Removal (85 % ):
' t
1
Division Of fates so yrces REG,
y�����jns
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AUG 3 1 2015 4!/-�j�!
CENTRAL FILES
DWR SECTION

NPDES PEII'MIT NO.: NC0000108
FACILITY NAME: Excelsior Packaging Group
OWNER NAME: New Excelsior Inc
GRADE: WW-3.
eDMR PERIOD: 07-2015 (July 2015)
COMPLIANCE: Non -Compliant
PERMIT VERSION: 3.0
CLASS: WW-2
ORC: Juanita Reed James
ORC HAS CHANGED: Yes
VERSION: 1.0
CONTACT PHONE #: [phone]
PERMIT STATUS: Active
COUNTY: Transylvania
ORC CERT NUMBER: 24074
STATUS: Processed
SUBMISSION DATE: 08/20/2015
() 08/20/2015
ORC/Certifier Sign t e: Juanita Jam s-Mail:[e-mail] Phone #:[phone] Date
By this signature, I certify that this report is accurate and complete to the best of my knowledge.
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment.
Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the permittee becomes aware of the circumstances.
If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part II.E.6 of
the NPDES permit.
COMMENTS: BOD on the 9th & 14 th : data valid; blank was >0.20mg/L & GGA was greater then 228.5 mg/L
BOD on the 23rd: data valid; blank was >0.20mg/L & sample did not leave 1.00mg/L DO
TSS on the 28th: data valid; ran out of hold time
The laboratory ran the analysis based upon the understood criteria of odor and appearance but the sample depleted all of the oxygen from the test bottle. Therefore, a greater than
result was documented for the BOD. We anticipate that the increased BOD contained within the facility was due to a slug of potential cleaning products in the BOD influent
concentration. With much conversation among the employees, nothing notable has been determined. This is still an open investigation. In this even, the slug was sufficient
enough to kill bacteria, thereby increasing the total suspended solids results. We are working diligently with the staff of New Excelsior to find an end to this issue.
BOD on the 30th: data valid; blank was >0.20mg/L & RPD>30%
08/20/2015
Permittee/Su mi ter Signature:*Uuanita James E-Mail:[e-mail] Phone #:[phone] Date
Permittee Address: 1379 Old Rosman Hwy Rosman NC 28772 Permit Expiration Date: 09/30/2015
I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the
system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for
knowing violations.
CERTIFIED LABORATORIES
LAB NAME: James and James Environmental Met. Inc.
CERTIFIED LAB #: 482
PERSON(s) COLLECTING SAMPLES: Shannon James
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Unit [phone] or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/forms.
FOOTNOTES

JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 519, MOUNTAIN HOME, NC 28758
[phone] OFFICE
[phone] FAX
July, 2015
Client: New Excelsior Sigma Plastics Group
NPDES PERMIT NUMBER: NC0000108
Dear Client,
We are pleased to notify you that your facility operated most of the month within your National
Pollutant Discharge Elimination System (NPDES) permit. We did experience a result that was greater than
the permit discharge limits. Your permit has both a monthly maximum and a daily maximum. Your
facility exceeded the permit discharge limits on the items listed below:
BOD-5 day test
23rd - >20.3 mg/l
TSS -
23rd — 80.0 mg/1
Monthly Average 34.3 mg/l
This result is less than the set 45 mg/l daily max however with the ">" sign indicating that this is not the
greatest number that was available. The laboratory ran the analysis based upon the understood criteria of
odor and appearance but the sample depleted all of the oxygen from the test bottle. Therefore, a greater
than result was documented.
This did not give a monthly violation. We anticipate that the increased BOD contained within the facility
was due to a slug of potential cleaning products in the BOD influent concentration. With much
conversation among the employees, nothing notable has been determined. This is still an open
investigation. In this event, the slug was sufficient enough to kill bacteria, thereby increasing the total
suspended solids result. We are working diligently with the staff of New Excelsior to find an end to this
issue.
Please find enclosed a copy of the Discharge Monitoring Report (DMR) for last month. This report and
one copy have been sent to the State on your behalf. Please place this report in your file for future
reference.
Thank you for choosing James & James as your service company.

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE)
±.xcelsior Inc
Excelsior Packaging Group
Permit Number: NC0000108
County: Transylvania
Case Number: LV-2016-0041
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
2) The duration and gravity of the violation;
One Daily Max TSS exceeded the permit limit by 77.77 %.
One Monthly Average TSS exceeded the permit limit by 6.58%.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved would include the cost of excess solids removal and additional aeration. It
would also include more operating and maintenance time on site and the cost of additional chemical
treatment.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
There have been no civil penalty enforcements in the twelve months prior to this assessment.
8) The cost to the State of the enforcement procedures.
$159.26
Date G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

North Carolina Department of Environmental Quality
Pat McCrory Donald R. van der Vaart
Governor Secretary
October 21, 2015
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7014 0510 0000 4466 8666
Mr. Jim Kelley
New Excelsior Inc.
Sigma Plastics Group
1379 Old Rosman Highway
Brevard, North Carolina 28712
Subject: Notice of Violation and pe,
Notice of Intent to Enforce
Tracking #: NOV-2015-LV-0665
Excelsior Packaging Group WWTP
NPDES Permit No. NC0000108
Transylvania County
Dear Mr. Kelley:
A review of the July 2015 self -monitoring report for the subject facility revealed violations of the
following parameter:
Parameter
Date
Limit Value
Reported Value
Limit Type
TSS
07/23/2015
45 mg/ L
80 mg/ L
Daily Max
TSS
07/31/2015
30 mg/ L
31.98 mg/ L
Monthly Average
A Notice of Violation/ Notice of Intent to Enforce (NOV/ NOI) is being issued for the noted violation of
North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0000108. Pursuant to G.S. 143-
215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any
person who.violates or fails to act in accordance with the terms, conditions, or requirements of any permit
issued pursuant to G.S. 143-215.1., If you wish to provide additional information regarding the noted violation,
request technical assistance, or discuss overall compliance please respond in writing within ten (10) days after
receipt of this Notice. A review of your response will be considered along with any information provided on
the July 2015 Discharge Monitoring Report. You will then be notified of any civil penalties that may be.
assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil
penalty assessment may be prepared.
Water Quality Regional Operations — Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] -
Intemet: http://portal.nGdenr.org/webAvq
An Equal Opportunity/ Affirmative Action Employer

Mr. Jim Kelley
October 21, 2015
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of
a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial
construction activities, then you may wish to consider- applying for a Special Order by Consent. You may
contact this office for additional information.
If you have, questions concerning this matter, please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional -Operations, NCDEQ
Asheville Regional Office
e WQ MS07'4�l1le 1 EMNA
MSC 1617-Central Files -Basement
WQ Enforcement/ NPDES Point Source Branch
G WR1\VQ\TrsnssdvanWIVtstew.3teeNlinors,Lxceisior0010SVN0V-N01-20]5-LV-0665.doGx

PO BOX 519, MOUNTAIN HOME, NC 28758
July, 2015
Client: New Excelsior Sigma Plastics Group
NPDES PERMIT NUMBER: NC0000108
Dear Client,
We are pleased to notify you that your facility operated most of the month within your National
Pollutant Discharge Elimination System (NPDES) permit. We did experience a result that was greater than
the permit discharge limits. Your permit has both a monthly maximum and a daily maximum. Your
facility exceeded the permit discharge limits on the items listed below:
BOD-5 day test
231d - >20.3 mg/1
TSS -
23`d — 80.0 mg/l
Monthly Average 34.3 mg/1
This result is less than the set 45 mg/l daily max however with the ">" sign indicating that this is not the
greatest number that was available. The laboratory ran the analysis based upon the understood criteria of
odor and appearance but the sample depleted all of the oxygen from the test bottle. Therefore, a greater
than result was documented.
This did not give a monthly violation. We anticipate that the increased BOD contained within the facility
was due to a slug of potential cleaning products in the BOD influent concentration. With much
conversation among the employees, nothing notable has been determined. This is still an open
investigation. In this event, the slug was sufficient enough to kill bacteria, thereby increasing the total
suspended solids result. We are working diligently with the staff of New Excelsior to find an end to this
issue.
Please find enclosed a copy of the Discharge Monitoring Report (DMR) for last month. This report and
one copy have been sent to the State on your behalf. Please place this report in your file for future
reference.
Thank you for choosing James & James as your service company.

North Carolina Department of Environmental Quality
Pat McCrory
Governor
October 21, 2015
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7014 0510 0000 4466 8666
Mr. Jim Kelley
New Excelsior Inc.
Sigma Plastics Group
1379 Old Rosman Highway
Brevard, North Carolina 28712
Subject: Notice of Violation and
Notice of Intent to Enforce
Tracking #: NOV-2015-LV-0665
Excelsior Packaging Group WWTP
NPDES Permit No. NC0000108
Transylvania County
Dear Mr. Kelley:
Donald R. van der Vaart
Secretary
A review of the July 2015 self -monitoring report for the subject facility revealed violations of the
following parameter:
Parameter
Date
Limit Value
Reported Value
Limit Type
TSS
07/23/2015
45 mg/ L
80 mg/ L
Daily Max
TSS
07/31/2015
30 mg/ L
31.98 mg/ L
Monthly Average
A Notice of Violation/ Notice of Intent to Enforce (NOV/ NOI) is being issued for the noted violation of
North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0000108. Pursuant to G.S. 143-
215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any
person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit
issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,
request technical assistance, or discuss overall compliance please respond in writing within ten (10) days after
receipt of this Notice. A review of your response will be considered along with any information provided on
the July 2015 Discharge Monitoring Report. You will then be notified of any civil penalties that may be
assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil
penalty assessment may be prepared.
Water Quality Regional Operations —Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone]
Internet: http:/Iportal.ncdenr.org/webtwq
An Equal Opportunity/ Affirmative Action Employer

Mr. Jim Kelley
October 21, 2015
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of
a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial
construction activities, then you may wish to consider applying for a Special Order by Consent. You may
contact this office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations, NCDEQ
Asheville Regional Office
cc: WQ Asheville Files
MSC 1617-Central Files -Basement
WQ Enforcement/ NPDES Point Source Branch
G:, R'WQ�I'rutsylvania,\Vitstccvatcr'dbfinors\L-scclsiorOOtOS`\OV-NOt= 075-LV-0665.docx

PO BOX 519, MOUNTAIN HOME, NC 28758
�h697-0065 FAX
February 28, 2014
Surface Water Protection Section
Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, NC 28778
RE: Excelsior Packaging Group WWTP
Permit No. NC0000108
NOV-2014-LV-0072
Dear Mr. Davidson,
This letter is in response to the NOV received by Excelsior Packaging with regard to the TSS from
November, 2013.
On November 19, 2013 through November 22, 2013 there were torrential rains occurring every day. There
was an excessive amount of water running through the system which the operator attributed to I & I and
was intending to have the system smoke tested to find the issues. As the new week was beginning, the
Facility Maintenance Manager, Clifford Sprouse, reported that the valve on the fire tank failed and the
waste water facility received around 250,000 gallons of water. This caused the facility to become very
turbid and elevated the Total Suspended Solids throughout the plant. By the first week of December, the
facility had regained compliance at 9.4 mg/l.
The chlorine contact chamber was pumped by Mike's Septic Tank Service which aided in the clarity of the
water.
This facility has an excellent compliance history and we would appreciate your consideration with regard to
this fine assessment.
With regards,
JIAO—"
. q Uav��4nwo
Harry & Julnita James
RECEIVED
Division of Water Resources
MAR - 4 2014
Water Quality Regional Operations
Asheville Regional office

JUSTirc:ATION FOR REMISSION REOUEST
DWQ Case Number: LV7201470025 County Transylvania,
Assessed Party:. Excelsior Packaging Group
Permit No.: NC0000108 yAmount Assessed $597.50
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282. 1 (c), remission of a civil penalty maybe granted.only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282. 1 (b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are„listed in the civil
penalty assessment document);
(b) 'the violator promptly abated continuing environmentatdamage resulting -from the
violation (i.e., -explain the steps that you took to correct the violation :anti prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i. e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
V (d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:
a, Cka 640' r MLA &PORT
hkm �Gt-lam J -J—tow,
MAY 2 3 2014
water OuSlIty Regional Operations
. - — nut__

ATE OF NORTH CAROLINA
COUNTY OF TRANSYLVANIA
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
EXCELSIOR PACKAGING GROUP
PERMIT NO. NC0000108
DEPARTMh;N f OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2014-0025
Having been assessed civil penalties totaling $597.50 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated March 19, 2014, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be
allowed after (30) days from the receipt of the notice of assessment.
This the
day of
IW'Bullm
20jf _
ADDRESS
159 'L fF
Af 1 o 0 i
TELEPHONE
7fL(— 7�-q_ 4(f

PO BOX 5 19, MOUNTAIN HOME, NC 28758
Olt)
i .
February 28, 2014
Surface Water Protection Section
Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, NC 28778
RE: Excelsior Packaging Group WWTP
Permit No. NC0000108
NOV 2014-LV-0072
a
Dear Mr. Davidson,
This letter is in response to the NQV received by Excelsior Packaging with regard to the TSS from
November, 2013.
On November 19, 2013 through November 22, 2013 there were torrential rains occurring every day. There
was an excessive amount of water running through the system which the operator attributed to I & I and
was intending to have the system smoke tested to find the issues. As the new week was beginning, the
Facility Maintenance Manager, Clifford Sprouse, reported that the valve on the fire tank failed and the
waste water facility received around 250,000 gallons of water. This caused the facility to become very
turbid and elevated the Total Suspended Solids throughout the plant. By the first week of December, the
facility had regained compliance at 9.4 mg/l.
The chlorine 'contact chamber was pumped by Mike's Septic Tank Service which aided in the clarity of the
water.
This facility has an excellent compliance history and we would appreciate your consideration with regard to
this fine assessment. a .
' With regards,
Harry & Ju ita James

r�t,
S 5
njorin uarouna. uepartmeni.0r Cnvironment and Natural Res urc s
Division of Water Resources
Water Quality Programs
0
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
March 19, 2014A`pri+l�i�720�1�9 - 2°a Maii�Attemn".t
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
70121010 00021965 9622
Mr. Ron Shemesh, CEO
Excelsior Packaging Group
1379 Old Rosman Highway
Brevard, North Carolina 28712
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
70121010 00021967 8050
Mr. Ron Shemesh, CEO
Excelsior Packaging Group
159 Alexander Street
Yonkers, NY 10701
SUBJECT: Notice of Violation and Assessment of Civil Penalty.
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NC0000108
Excelsior Packaging Group
Excelsior Packaging Group WWTP
Case No. LV-2014-0025
Transylvania County
Dear Mr. Shemesh:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $597.50
($450.00 civil penalty + $147.50 enforcement costs) against Excelsior Packaging Group.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Excelsior Packaging Group for the month of November
2013. This review has shown the subject facility to be in violation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NC0000108. The violations which
occurred in November 2013 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Excelsior Packaging Group violated
the terms, conditions or requirements of NPDES Permit NC0000108 and G.S. 143-215. 1 (a)(6) in
the manner and extent shown in Attachment A. In accordance with the maximums established by
G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Resources, I, G. Landon Davidson, Division of Water Resources
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Excelsior Packaging Group:
Water Quality Regional Operations —Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone]
Internet: http://portal.nedenr.org/webtwq
An Equal Opportunity/ Affirmative Action Employer

$200.00
•
2 of the 2 violation:
NC0000108, by dis______o�o
in violation of the Permit Daily Maximum limit for TSS - Conc..
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0000108, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Conc.
$450.00 TOTAL CIVIL<PENALTY
$147.50 Enforcement Costs
$597.50 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
,(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance; "
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of.the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/ Enforcement Unit
Division. of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed...
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative

Pat McCrory
Governor
•
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Thomas A. Reeder John E. Skvarla, III
Director Secretary
CERTIFIED MAIL
March 19, 2014
RETURN RECEIPT REQUESTED 70121010 00021965 9622
Mr. Ron Shemesh, CEO
Excelsior Packaging Group -
1379 Old Rosman Highway
Brevard, North Carolina 28712
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143 -215. 1 (a)(6)
and NPDES Permit NC0000108
Excelsior Packaging Group
Excelsior Packaging Group WWTP
Case No. LV-2014-0025
Transylvania County
Dear Mr. Shemesh:
This letter transmits a Notice of_Violation and assessment -of civil penalty in the amount of $597.50
($450.00 civil penalty + $147.50 enforcement costs) against Excelsior Packaging Group.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Excelsior Packaging Group for the month of November
2013. This review has shown the subject facility to be in violation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NC0000108. The violations which
occurred in November 2013 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Excelsior Packaging Group violated
the terms, conditions or requirements of NPDES Permit NC0000108 and G.S. 143-215.1(a)(6) in
the manner and extent shown in Attachment A. In accordance with the maximums established by
G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based uponAhe,above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Resources, I, G. Landon Davidson, Division of Water Resources
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Excelsior Packaging Group:.-.,
Water Quality Regional Operations —Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone]..
Internet: http://portal.ncdenr.org/web/wq
An Equal Opportunity/ Affirmative Action Employer

$200.00
$250.00
$450.00
$147.50
$597.50
•
2 of the 2 violations of G.S. 14 -
NC0000108, by discharging wastewater into the waters olt e
in violation of the Permit Daily Maximum limit for TSS - Cone.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
NC0000108, by discharging waste water into the waters of the State'
in violation of the Permit Monthly Average limit for TSS - Cone.
TOTAL CIVIL PENALTY
Enforcement Costs
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 1143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality,
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The.cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/ Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
2. Submit a written request for remission -or mitigation including a detailed justification
for such request:
Please be aware that a request for'remission,is limited to consideration of the five factors listed;...
below as they may relate :to'the"reasonableness of the amount of the civil pen alty_assessed.
Requesting remission. Iis not the proper procedure for contesting whether the violation(s). .
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative

y a waiver of your rigle aii administrative
at no factual or legal issues are in dispute. Please
We Fetai statement that establishes why you believe the civil penalty should be
-remitted; and submit it to the Division of Water Resources at the address listed below. In .
determining whether a remission request will be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS .143B-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support -of your request for remission must be submitted
in writing. The Director of the Division of Water Resources will review your evidence and inform
you of his decision in the matter of your remission request. The response will provide details
regarding the case status, directions for payment, and provision for further appeal of the. penalty to
the Environmental Management Commission's Committee on Civil Penalty Remissions
(Committee). Please be advised that the Committee cannot consider information that was not part
of the original remission request considered by the Director. Therefore, it is very important that
you prepare a complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that
you complete and submit the enclosed "Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/ Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 276994617
No
3. file a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed - provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days

following the faxed transnAon. The mailing
is:
Office of Administrative Hear_ mgs
6714 Mail Service.Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand -deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500
Sincerely,
�a�
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
ATTACHMENTS
cc WQ Regional -_Supervisor w/;attachments_::
NPDES Point Source w/ attachments
WQ Central Files w/ attachments
James & James Environmental/ ORC
G:\WR\WQ1Transylvania\Wastewater\lblinors\E-,celsior 00108\LV-2014-0025.doc
(Prior NOV-2014-LV-0072)

DEPART OF ENVIRONMENT .
AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
EXCELSIOR PACKAGING GROUP )
PERMIT NO. NC0000108 ) FILE NO. LV-2014-0025
Having been assessed civil penalties totaling $597.50 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated March 19, 2014, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be
allowed after (30) days from the receipt of the notice of assessment.
This the
day of 520
ADDRESS
TELEPHONE
SIGNATURE

ATTACHMENT A
Excelsior Packaging Group
CASE NUMBER: LV-2014-0025
PERMIT: NC0000108 FACILITY: Excelsior Packaging Group
COUNTY: Transylvania
REGION: Asheville
PENALTY
MONITORING
REPORT
OUTFALL/
PPI
LOCATION
PARAMETER
VIOLATION
DATE
FREQUENCY
UNIT OF
MEASURE
LIMIT
CALCULATED %OVER
VALUE LIMIT
VIOLATION TYPE
$100.00
11-2013
003
Effluent
TSS - Conc
11/21/13
Weekly
mg/I
45
113 151.11
Daily Maximum Exceeded
$100.00
11-2013
003
Effluent
TSS - Conc
11/25/13
Weekly
mg/1
45
65 44.44
Daily Maximum Exceeded
$250.00
11-2013
003
Effluent
TSS- Conc
11/30/13
Weekly
mg/I
30
65.85 119.50
Monthly Average Exceeded
•

Pat McCrory
Governor
NCDENR
North Carolina Department of Environment and Natural
Division of Water Resources
Water Quality Programs
Thomas A. Reeder
Director
March 19, 2014
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 70121010 00021965 9622
Mr. Ron Shemesh, CEO
Excelsior Packaging Group.
1379 Old Rosman Highway
Brevard, North Carolina 28712
Resource9 L
s
John E. Skvarla, III
Secretary
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215. 1 (a)(6)
and NPDES Permit NC0000108
Excelsior Packaging Group
Excelsior Packaging Group WWTP
Case No. LV-2014-0025
Transylvania County
Dear Mr. Shemesh:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $597.50
($450.00 civil penalty + $147.50 enforcement costs) against Excelsior Packaging Group.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Excelsior Packaging Group for the month of November
2013. This review has shown the subject facility to be in violation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NC0000108. The violations which
occurred in November 2013 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Excelsior Packaging Group violated
the. terms, conditions or requirements of NPDES Permit NC0000108 and G.S. 143-215.1(a)(6) in
the manner and extent shown in Attachment A. In accordance with the maximums established by
G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Resources, I, G. Landon Davidson, Division of Water Resources
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Excelsior Packaging Group:
Water Quality Regional Operations — Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone]
Internet: http://portal.ncdenr.org/webAvq
An Equal Opportunity/ Affirmative Action Employer .

2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$200.00 NC0000108, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for TSS - Conc.
1 of the 1 violations of G.S. 143-215.l(a)(6) and NPDES Permit No.
$250.00 NC0000108, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Conc.
$450.00 TOTAL CIVIL PENALTY
$147.50 Enforcement Costs
$597.50 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282. 1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of
Point Source Compliance/ Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as. they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
March 19, 2014
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7012 1010 0002 1965 9622
Mr. Ron Shemesh, CEO
Excelsior Packaging Group
1379 Old Rosman Highway
Brevard, North Carolina 28712
Division of Water Resources
Water Quality Programs
Thomas A. Reeder John E. Skvarla, III
Director Secretary
April 17, 2019 - 2nd Mail Attempt
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7012 1010 0002 1967 8050
Mr. Ron Shemesh, CEO
Excelsior Packaging Group
159 Alexander Street
Yonkers, NY 10701
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NC0000108
Excelsior Packaging Group
Excelsior Packaging Group WWTP
Case No. LV-2014-0025
Transylvania County
Dear Mr. Shemesh:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $597.50
($450.00 civil penalty + $147.50 enforcement costs) against Excelsior Packaging Group.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Excelsior Packaging Group for the month of November
2013. This review has shown the subject facility to be in violation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NC0000108. The violations which
occurred in November 2013 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Excelsior Packaging Group violated
the terms, conditions or requirements of NPDES Permit NC0000108 and G.S. 143-215.1(a)(6) in
the manner and extent shown in Attachment A. In accordance with the maximums established by
G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Resources, I, G. Landon Davidson, Division of Water Resources
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Excelsior Packaging Group:
Water Quality Regional Operations —Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone]
Internet: http:llportal.ncdenr.org/weblwq
An Equal Opportunity/ Affirmative Acton Employer

2 of the 2 violations of G.S. 143 -215. 1 (a)(6) and NPDES Permit No.
$200.00 NC0000108, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for TSS - Cone..
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0000108, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Cone.
$450.00 TOTAL CIVIL PENALTY
$147.50 Enforcement Costs
$597.50 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/ Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative

Wring, such a request must by aecompanied by a waiver of your right . °n administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Resources at the address listed below. In
determining whether a remission request will be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of Water Resources will review your evidence and inform
you of his decision in the matter of your remission request. The response will provide details
regarding the case status, directions for payment, and provision for further appeal of the penalty to
the Environmental Management Commission's Committee on Civil Penalty Remissions
(Committee). Please be advised that the Committee cannot consider information that was not part
of the original remission request considered by the Director. Therefore, it is very important that
you prepare a complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that
you complete and submit the enclosed "Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/ Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699.-1617
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative'Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed - provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days

following the faxed trans—sion. The mailing address for the Office of Administrative f
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh; North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand -deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
ATTACHMENTS
W- s � - _,l egi Wt S_ iperysor _w/ attachtnents• ,;
NPDES Point Source w/ attachments
WQ Central Files w/ attachments
James & James Environmental/ ORC
G:\WR\WQ\Transylvania\Wastewater\blinors\Excelsior 00 1 08\LV-2014-0025.doc
(Prior NOV-2014-LV-0072)

JUST"-.WATION FOR REMISSION REOU'—i.,
lumber: LV-2014-0025
Assessed Party: Excelsior Packaging Group
Permit No.: NC0000108
County: Transylvania
Amount Assessed: $597.50
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts "
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of.the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (L e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION: ::.�

FORTH CAROLINA
TRANSYLVANIA
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST )
EXCELSIOR PACKAGING GROUP )
PERMIT NO. NC0000108 )
DEPARTML, J OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADNIINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2014-0025
Having been assessed civil penalties totaling $597.50 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated March 19, 2014, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be
allowed after (30) days from the receipt of the notice of assessment.
This the
day of
SIGNATURE
ADDRESS
TELEPHONE
20

ATTACHMENT A
Excelsior Packaging Group
CASE NUMBER: LV-2014-0025
PERMIT: NC0000108
FACILITY: Excelsior Packaging Group
COUNTY: Transylvania
REGION: Asheville
Limit Violations
MONITORING
OUTFALL/
VIOLATION
UNIT OF
CALCULATED
% OVER
PENALTY REPORT
PPI
LOCATION
PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT
VALUE
LIMIT
VIOLATION TYPE
$100.00 11-2013
003
Effluent
TSS - Cone
11/21/13
Weekly
mg/I
45
113
151.11
Daily Maximum Exceeded
$100.00 11-2013
003
Effluent
TSS - Cone
11/25/13
Weekly
mg/1
45
65
44.44
Daily Maximum Exceeded
$250.00 11-2013
003
Effluent
TSS - Cone
11/30/13
Weekly
mg/I
30
65.85
119.50
Monthly Average Exceeded

County:
SION OF WATER RESOURCES - CIVIL PENALTY ASSE�u:AENT (FILE)
Excelsior Packaging Group / NC0000108
(November 2013 DMR) (Prior NOV-2014-LV-0072)
Transylvania
Case Number: LV-2014-0025
ASSESSMENT FACTORS
As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors
set out in G.S. 143B-282.1(b), which are:
1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
2) The duration and gravity of the violation;
Two Daily Max TSS's exceeded the permit limit by 151.11 % & 44.44 %.
One Monthly Average TSS exceeded the permit limit by 119.49 %.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved would include the cost of excess solids removal.
The amount of money saved would include the cost of more time spent on site
operating the facility.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
There have been no civil penalty assessments in the twelve months prior to this
violation.
8) The cost to the State of the enforcement procedures.
$147.50.
Date G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
03/17/2014

Permit Enforcement History Details by Owner
Owner: Excelsior Packaging Group
Facility: Excelsior Packaging Group
Permit: NC0000108
Region: Asheville County: Transylvania
cL�i�iC.-E'
7
03/17/14
1
Case Number'
Penalty
Assessment Penalty
MR Approved Amount
Enforcemen
t Costs
Remission
Request Enf Conf
Damages Received Held
Enf EMC EMC OAH Collection
Remission Hearing Remission Remission Memo Sent
Amount Held Amount Amount to AGO
Total Paid
Balance
Due
Has
Pmt
Plan
Case
Closed
RV-1995-0008
05/24/95 $250
$.00
$.00
$250.00
$.00
No
06/19/95
LV-2000-0148
05/12/00 $1,250
$100.00
06/05/00 08/02/00
$.00
$1,350.00
$.00
No
09/06/00
LV-2000-0156
05/22/00 $1,000
$50.00
06/21/00 08/02/00
$.00
$1,050.00
$.00
No
09/06/00
TX-2000-0063
11/08/00 $1,000
$74.24
$1,074.24
$.00
No
12/07/00
LV-2010-0091
10-2009 03/23/10 $100
$67.00
$167.00
$.00
No
04/13/10
LV-2014-0025
11-2013 03/14/14 $450
$147.50
$597.50
No
Total Cases: 6
Total Penalty Amount:
$4,050
Total Enforcement Cost:
Sum of Total Case Penalties:
$438.74
$4,488.74
Sum of Total Paid: $3,891.24 Total Balance Due:
Total Penalties after remission(s):
$597.50
$4,488.74

PV
RMIT NO. NC0000108 DISCHARGE NO. 003 MONTH NOVEMBER YEAR 2013
PCILITY NAME EXCELSIOR PACKAGING CLASS II COUNTY TRANSYLVANIA
CERTIFIED LABORATORY (1) JAMES & JAMES ENVIRONMENTAL MGT., INC. CERTIFICATION NO. 482
(list additional laboratories on the backside/page 2 of this form)
OPERATOR IN RESPONSIBLE CHARGE (ORC) JUANITA JAMES GRADE III CERTIFICATION NO. 21074
PERSON(S) COLLECTING SAMPLES JUANITA JAMES ORC PHONE [phone]
CHECK BOX IF ORC HAS CHANGED NO FLOW / DISCHARGE FROM SITE
Mail ORIGINAL and ONE COPY to:
ATTN: CENTRAL FILES 1211812013
DMSION OF WATER QUALITYIN
1617 MAIL SERVICE CENTER BY TH S GNATURE, I CERTIFY THAT THIS RE T IS
RALEIGH NC 27699-1617 ACCU AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
III I
II -II
III
ilipill=
018
1�recw
rJ7371M
mim
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. ,,
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_ • -ice
DWQ Form MR-1 (11/04)

Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit
(including weekly averages, if applicable)
All monitoring data and sampling frequencies do NOT meet permit
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the
environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A
written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances.
If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by Part II.E.6
of the NPDES permit.
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure
that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those
persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am
aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations."
EXCELSIOR PACKAGING
Permittee (Please print or type)
12/18/2013
Signature of a ittee*** ° Date
(Required s submitted electronically)
1379 OLD ROSMAN HWY., BREVARD, NC 28712 828-885-2929 9/30/2015
Permittee Address Phone Number e-mail address Permit Expiration Daze
Certified Laboratory (2)
Certified Laboratory (3)
Certified Laboratory (4)
Certified Laboratory (5)
ADDITIONAL CERTIFIED LABORATORIES
PARAMETER'CODES
Certification No.
Certification No.
Certification No.
Certification No.
Parameter Code assistance may be obtained'by calling the NPDES Unit at [phone] or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/appforms.
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be
entered for all of the parameters on the DMR for the entire monitoring period.
** ORC On Site?: ORC must visit facility and document visitation of facility'as required per 15A NCAC 8G .0204.
*** Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on
file with the state per 15A NCAC 2B .0506(b)(2)(D).

JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 519, MOUNTAIN HOME, NC 28758
[phone] OFFICE
[phone] FAX
February 28, 2014
Surface Water Protection Section
Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, NC 28778
RE: Excelsior: Packaging Group W WTP
Permit. No. ,NC0000108
NOV-2014-LV=0072
Dear Mr. Davidson,
This letter is in response to the NOV received by Excelsior Packaging with regard to the TSS from
November, 2013.
On November 19, 2613 through November 22, 2013 there were torrential rains occurring every day. There
was an excessive amount of water running through the system which the operator attributed to I & I and
was intending to have the system smoke tested to find the issues. As the new week was beginning, the
Facility Maintenance Manager, Clifford Sprouse, reported that the valve on the fire tank failed and the
waste water facility received around 250.000 gallons of water. This caused the facility to become very
turbid and elevated the Total Suspended Solids throughout the plant. By the first week of December, the
facility had regained compliance at 9.4 ing 1.
The chlorine contact chamber was pumped by Mike's Septic Tank Service which aided in the clarity of the
water.
This facility has an excellent compliance history and we would appreciate your consideration with regard to
this fine assessment.
With regards, .11
tit
Harry & Julnita James

JAMILN & JAMhS ENVIRONMENTAL MANAGEMENT, INC
.- `'` PO BOX 519, MOUNTAIN HOME, NC 28758
[phone] OFFICE
' [phone] FAX
Map8 ? - --- D
Surface Water Protection Section
Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, NC 28778
RE Ewe-lslor. Packa91'O"g�_ (t,r©up, WTP
Permit_N.o. NFC0000108
K&V 901 iQVI�'0'0,7+2. .
Dear Mr. Davidson,
This letter is in response to the NOV received by Excelsior Packaging with regard to the TSS from
November, 2013.
On November 19, 2013 through November 22, 2013 there were torrential rains occurring every day. There
was an excessive amount of water running through the system which the operator attributed to I & I and
was intending to have the system smoke tested to find the issues. As the new week was beginning, the
Facility Maintenance Manager, Clifford Sprouse, reported that the valve on the fire tank failed and the
waste water facility received around 250,000 gallons of water. This caused the facility to become very
turbid and elevated the Total Suspended Solids throughout the plant. By the first week of December, the
facility had regained compliance at 9.4 mg/l.
The chlorine contact chamber was pumped by Mike's Septic Tank Service which aided in the clarity of the
water.
This facility has an excellent compliance history and we would appreciate your consideration with regard to
this fine assessment.
With regards,
Harry & JuAnita James

Pat McCrory
Governor
41FA
WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Thomas A. Reeder John E. Skvarla, III
Director Secretary
March 19, 2014
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 70121010 00021965 9622
Mr. Ron Shemesh, CEO
Excelsior Packaging Group _
1379 Old Rosman Highway
Brevard, North Carolina 28712
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215. 1 (a)(6)
and NPDES Permit NC0000108
Excelsior Packaging Group
Excelsior Packaging Group WWTP
Case No. LV-2014-0025
Transylvania County
Dear Mr. Shemesh:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $597.50
($450.00 civil penalty + $147.50 enforcement costs) against Excelsior Packaging Group.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Excelsior Packaging Group for the month of November
2013. This review has shown the subject facility to be in violation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NC0000108. The violations which
occurred in November 2013 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Excelsior Packaging Group violated
the terms, conditions or requirements of NPDES Permit NC0000108 and G.S. 143-215.1(a)(6) in
the manner and extent shown in Attachment A. In accordance with the maximums established by
G.S. 143-215.6A(a)(2), a civil penalty may assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Resources, I, G. Landon Davidson, Division of Water Resources
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Excelsior Packaging Group:
Water Quality Regional Operations —Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: (828) 296A500 FAX: [phone]
Internet: http:tiportal.nodenr.org/web/wq
An Equal Opportunity/ Affirmative Action Employer

2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit IS
$200.00 NC000®108, by discharging waste water into the waters of the Sta
- in violation of the Permit Daily Maximum limit for TSS - Conc.
1 of the 1 violations of G.S. 143-215. 1 (a)(6) and NPDES Permit No.
$250.00 NC0000108, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Conc.
$450.00 TOTAL CIVIL PENALTY
$147.50 Enforcement Costs
$597.50 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission -has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/ Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as. they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative

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

following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand -deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
ATTACHMENTS
cc: WQ Regional Supervisor w/ attachments
NPDES Point Source w/ attachments
WQ Central Files w/ attachments
James & James Environmental/ ORC
G:\WR\WQ\Transylvan ia\%VastewaterkMinors\Excelsior 00108U1V-2014-0025.doc
(Prior NOV-2014-LV-0072)

JUSTIFICATION FOR REMISSION REQUEST
se Number: LV-2014-0025
Assessea Party: Excelsior Packaging Group
Permit No.: NC0000108
County: Transylvania
Amount Assessed: $597.50
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts "
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

'ATE OF NORTH CAROLINA
COUNTY OF TRANSYLVANIA
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST )
EXCELSIOR PACKAGING GROUP )
PERMIT NO. NC0000108 )
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2014-0025
Having been assessed civil penalties totaling $597.50 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated March 19, 2014, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be
allowed after (30) days from the receipt of the notice of assessment.
This the
day of
SIGNATURE
ADDRESS
TELEPHONE
20

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE)
Excelsior Packaging Group / NC0000108
(November 2013 DMR) (Prior NOV-2014-LV-0072)
Transvlvania
Case Number: LV-2014-0025
ASSESSMENT FACTORS
As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors
set out in G.S. 143B-282.1(b), which are:
1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
2) The duration and gravity of the violation;
Two Daily Max TSS's exceeded the permit limit by 151.11 % & 44.44 %.
One Monthly Average exceeded the permit limit by 119.49 %.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved would include the cost of excess solids removal.
The amount of money saved would include the cost of more time spent on site
operating the facility.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
There have been no civil penalty assessments in the twelve months prior to this
violation.
8) The cost to the State of the enforcement procedures.
$147.50.
Date G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
03/17/2014

ATTACHMENT A
Excelsior Packaging Group
CASE NUMBER: LV-2014-0025
PERMIT: NC0000108 FACILITY: Excelsior Packaging Group
COUNTY: Transylvania REGION: Asheville
Limit Violations
MONITORING
. OUTFALL/
VIOLATION
UNIT OF
CALCULATED % OVER
PENALTY REPORT
PPI
LOCATION
PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT
VALUE
LIMIT
VIOLATION TYPE
$100.00 11-2013
003
Effluent
TSS - Conc
11/21/13
Weekly
mg/I
45
113
151.11
Daily Maximum Exceeded
$100.00 11-2013
003
Effluent
TSS - Conc
11/25/13
Weekly
mg/I
45
65
44.44
Daily Maximum Exceeded
$250.00 11-2013
003
Effluent
TSS - Conc
11/30/13
Weekly
mg/I
30
65.85
119.50
Monthly Average Exceeded

rCILY
PERMIT NO. NC0000108 DISCHARGE NO. 003 MONTH NOVEMBER YEAR 2013
TY NAME EXCELSIOR PACKAGING CLASS II COUNTY TRANSYLVANIA
CERTIFIED LABORATORY (1) JAMES 8. JAMES ENVIRONMENTAL MGT., INC. CERTIFICATION NO. 482
(list additional laboratories on the backside/page 2 of this form)
OPERATOR IN RESPONSIBLE CHARGE (ORC) JUANITA JAMES GRADE III CERTIFICATION NO. 21074
PERSON(S) COLLECTING SAMPLES
CHECK BOX IF ORC HAS CHANGED
Mail ORIGINAL and ONE COPY to:
JUANITA JAMES
ATTN. CENTRAL FILES
DMSION OF WATER QUALITY
1617 MAIL SERVICE CENTER BY
RALEIGH NC 27699-1617 AC
ORC PHONE [phone]
NO FLOW / DISCHARGE FROM SITE *
(NATURE, I CERTIFY THAT THIS REWRT IS
AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
12/18/2013
III I
II•II
II.1
II I I1� I
II I
®' '
-_-®INN
-�-
_
®
r
Comp,_1
DWQ Form MR-1 (11104)

Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit
(including weekly averages, if applicable)
All monitoring data and sampling frequencies do NOT meet permit
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the
environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A
written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances.
If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by Part II.E.6
of the NPDES permit.
"I certify, underpenalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure
that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those
persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am
aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations."
EXCELSIOR PACKAGING
Permittee (Please print or type)
12/18/2013
Signature of a ittee*** o Date
(Required ss submitted electronically)
1379 OLD ROSMAN HWY., BREVARD, NC 28712 828-885-2929 9/30/2015
Permittee Address Phone Number e-mail address Permit Expiration Date
ADDITIONAL CERTIFIED LABORATORIES
l
Certified Laboratory (2) Certification No.
Certified Laboratory (3) Certification No.
Certified Laboratory (4) Certification No.
Certified Laboratory (5) Certification No
PARAMETER'CODES
Parameter Code assistance may be obtained by calling the NPDES Unit at [phone] or by visiting http://portal.nedenr.org/web/wq/swp/ps/npdes/appforms.
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be
entered for all of the parameters on the DMR for the entire monitoring period.
** ORC On Site?: ORC must visit facility and document visitation of facility` as required per 15A NCAC 8G .0204.
'Signature of Permittee: If signed by other than the permittee, then the. delegation of the signatory authority must be on
file with the state per 15A NCAC 2B .0506(b)(2)(D).

Permit Enforcement History Details by Owner
03/17/1
1
Owner: Excelsior Packaging Group
Facility: Excelsior Packaging Group
Permit: NC0000108
Region: Asheville
County: Transylvania
Penalty
Remission
Enf
EMC EMC OAH Collection
Has
Assessment Penalty
Enforcemen
Request Enf Conf
Remission Hearing Remission Remission Memo Sent
Balance
Pmt
Case
Case Number MR Approved Amount
t Costs
Damages Received Held
Amount
Held Amount Amount to AGO
Total Paid
Due
Plan
Closed
RV-1995-0008 05/24/95 $250
$.00
$.00
$250.00
$.00
No
06/19/95
LV-2000-0148 05/12/00 $1,250
$100.00
06/05/00 08/02/00
$.00
$1,350.00
$.00
No
09/06/00
LV-2000-0156 05/22/00 $1,000
$50.00
06/21/00 08/02/00
$.00
$1,050.00
$.00
No
09/06/00
TX-2000-0063 11/08/00 $1,000
$74.24
$1,074.24
$.00
No
12/07/00
LV-2010-0091 10-2009 03/23/10 $100
$67.00
$167.00
$.00
No
04/13/10
LV-2014-0025 11-2013 03/14/14 $450
$147.50
$597.50
No
Total Cases: 6 Total Penalty Amount:
$4,050
Total Enforcement Cost:
$438.74
Sum of Total Paid: $3,891.24 Total Balance Due:
$597.50
Sum of Total Case Penalties:
$4,488.74
Total Penalties after remission(s):
$4,488.74

NCDENR
y
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
John E Skvarla, III
Governor Director
Secretary
February 20, 2014
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 70121010 0002 1965 9561
Mr. Ron Shemesh, CEO
Excelsior Packaging Group
Excelsior Packaging WWTP
1379 Old Rosman Highway
Brevard, North Carolina 28712
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking #: NOV-2014-LV-0072
Excelsior Packaging Group WWTP
NPDES Permit No. NC0000108
Transylvania County
Dear Mr. Shemesh:
A review of the November 2013 self -monitoring report for the subject facility revealed violations of the
following parameter:
Date
Outfall
Parameter
Reported Value
Permit Limit
11/21/2013
003
TSS
113 mg/ 1
45 mg/ 1
11/25/2013
003
TSS
65 mg/ 1
45 mg/ 1
11/30/2013
003
TSS
65.85 mg/ 1
30 mg/ 1
A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0000108.
Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be
assessed against any person who violates or fails to act in accordance with the terms, conditions, or
requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information
regarding the noted violation, request technical assistance, or discuss overall compliance please respond in
writing within ten (10) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the November 2013 Discharge Monitoring Report. You will then be notified
of any civil penalties that may be assessed regarding the violations. If no response is received in this Office
within the 10-day period, a civil penalty assessment may be prepared.
Water Quality Regional Operations — Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone]
Internet: hftp:l/podal.ncdenr.org/web/wglws
An Equal Opportunity/ Affirmative Action Employer
n

Mr. Ron Shemesh
February 20, 2014
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of
a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial
construction activities, then you may wish to consider applying for a Special Order by Consent. You may
contact this office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely,
S �) -<�- -� (:-�! � -
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
eQ fAshev�FllelFles
WQ Central Files
WQ Point Source Branch
GAWR\WQ\Transylvan ia\Wastewater\lvlinors\Excelsior 00108W0V-NRE-2014-CV-0072.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
February 20, 2014
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7012 1010 0002 1965 9561
Mr. Ron Shemesh, CEO
Excelsior Packaging Group
Excelsior Packaging WWTP
1379 Old Rosman Highway
Brevard, North Carolina 28712
Subject: Notice of Violation and .
Recommendation for Enforcement
Tracking #: NOV-2014-LV-0072
Excelsior Packaging Group WWTP
NPDES Permit No. NC0000108
Transylvania County
Dear Mr. Shemesh:
John E Skvarla, III
Secretary
A review of the November 2013 self -monitoring report for the subject facility revealed violations of the
following parameter:
Date
Outfall
Parameter
Reported Value
Permit Limit
11/21/2013
003
TSS
113 mg/ 1
45 mg/ 1
11/25/2013
003
TSS
65 mg/ 1
45 mg/ 1
11/30/2013
003
TSS
65.85 mg/ 1
30 mg/ 1
A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0000108.
Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be
assessed against any person who violates or fails to act in accordance with the terms, conditions, or
requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information
regarding the noted violation, request technical assistance, or discuss overall compliance please respond in
writing within ten (10) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the November 2013 Discharge Monitoring Report. You will then be notified
of any civil penalties that may be assessed regarding the violations. If no response is received in this Office
within the 10-day period, a civil penalty assessment may be prepared.
Water Quality Regional Operations —Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone]
Internet: http://poral.ncdenr.org/web/wq/ws
An Equal Opportunity/ Affirmative Action Employer

Mr. Ron Shemesh
February 20, 2014
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of
a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial
construction activities, then you may wish to consider applying for a Special Order by Consent. You may
contact this office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or
me at 828/296-4500. '
Sincerely,
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
cc: WQ Asheville Files
WQ Central Files
WQ Point Source Branch
(j:'Tv1R\WQ\T'rans�,,,lvanii\%Wastewatee�Minors\Excelsior 0010&\NOv-NRE-2014-Lti-0072.doe

■ Complete items 1, 2, and 3. Also complete A.
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you. B. Received by
�_�M.nh 4hi� +n.}kab�r4 .�f +hgrr�,gjiniary _ _
North Zarolina Department ofly
�� • ; Environmeat and Natural Resources,
_ Division of Water Resources,
NCDENR Water Quality Regional Operations
2090 U.S. Highway'70,4;;;;dnnanoa, NC 287781
Ron Shemesh, CEO
Excelsior Packaging Group
Excelsior Packaging VMTP
1379 Sid Rosman Highway
Brevard, NC 28712 i
3. Certfffed Mail
eglstared
❑ Insured Mail
�
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below: "t
NCM
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Receipt for WA
4. Restricted Delivery? (Extra Fee)
7012 1010' 00132H1%65 iiiL:1,' '' y MOV ay)U.CV-dO'��
'S Form 3811. February 2004 Domestic Return Receipt 102595-02-M-154

-.4 UNITED STATES POSTAL SERVICE First -Class Mail
Postage& Fees Paid
USPS 44
Permit No. G-10,
• Sender: Please print your name, address, and ZIP+4 in this box •
JANET CANTWELL
NCDENR-DWR-WORO
..,.2090 U.S. HIGHWAY 70
SWANNANOA NC 28778

■ Cpete items 1, 2, and 3. Also complete /A. si nature,,,
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you. B. R ceived by (Prin
North Carolina Department of"'-'
Environment�nd Natural Resource
ZIVISM of;Mr Qua
82090 U.SighwaSnoa, NC 2
, nNCDENR
Ron Shemesh, CEO I —
Excelsior Packaging Group- «y-3.,,f
159-Alexander Street
Yonkers, NY 10701
4.1
701112� !6�61b looda 60§00,
❑ Addresse(
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�S:Form 38171.:July 2013:: ; : -- : : Domestic Return Receiot )0.44e.n.

UNITED STATES POSTAL SERVICE
First -Class Mai'
Postage & Fe id
USPS
111111 Permit No. G-10
• Sender: Please print your name, address, and ZIP+4® in this box"
JANET CANTWELL l
NCDENR-DWR-WQRO
2090 U.S. HIGHWAY 70 J
SWANNANOA NC 28778

?-ENDER: COMPLETE THIS SECTION
■ Complete items 1, 2, and 3. Also complete 7Received
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,
❑ Agent.
❑ Addresse(
Name) Date of Deliver)
1 North Carolina Department of Environmental Quality livery address different from item 1? ❑ Ye!
Division of Water Resources --S, enter delivery address below: ❑ No
Water Quality Regional Operations Section
2090 U.S. Highway 70, Swannanoa, NO 28778
i �-
New Exc0isior, Inc.
Sigma Plastics Group
1379,0Id Rosman Highway
. Brevard, NC 28712
7014 051O ,0000.4466 8666
3. rvice Type
Certified Mail® ❑ Priority Mail Express'"
egistered Return Receipt for Merchandise
❑ Insured Mail ollect on Delivery
4. Restricted Delivery? (Extra Fee) ❑
LV-
3i %nrm 3811 _ .tIJ11Y?m3 r nnmactir Ratiirn Ranaint

UNITED STATS�&Qlw
F s lass Mail
ailc .29 ostag Fees Paid
�._ nUSPS
-x2'ro- � ".lt: Permit No. G-
• Sender: Please print your name, address; and ZI'49n this box•
_ oc cL C Jc�
( JANETCANTWELL,-,'.--'
NCDEQ-DWR-. QROs M..
2090 U.S. HIGHWAY'79� Q,
I SWANNANOA N C�28778 y\¢i
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SECTIONON DELIVERY
■ r mm�lota itams 1� and 3_ _ A. Sig tune
lL�v/ ,
forth Carolina Department of Environmental Quality t
�i / �dd"�e
)ivision of Water Resources receive by (Prinfed Name) C. Dat of slivery
101
Hater Quality Regional Operations Section
1090 U.S. Highway 70 f
wannanoa, North Carolina 28778 ; delivery address; differentfrom.i[em 17 ❑ fes
_ YES, enter Avery address below\ No
`j \ f
im Kelley, General Manager WiyoJ
lew Excelsior, Inc.
7�-a`
379 Old Rosman Highway
�� v
irevard, NC 28712P.do
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�6 rhfied Mail Restricted Deltve J� ' / Return Receipt for
❑ Co t on Delivery � Merchandise
Artirle.Number-fTransfer from service label .
❑Collect Delivery RestrictedbelV Signature Confir floor"
_ s ❑.Insured Mai . a: Pi Signature Conf ion
i Re gofed DZiVery ` • 'Restricted rve
14 0'S 1 C1 `0 fl CJ -4 4 `I7 EI= ' 7`81`2 f ' ' (over
$5 0)
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UNITED STAT�s�'Fp�gvt (a First -Class Mail
IPostage & Fees Paida
N 'EM
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+40 in this boxO
JANET CANTWELL
NCDEO-DWR-WOROS
2090 U.S. HIGHWAY 70
SWANNANOA NC 23778
USPS TRACKING#

ENDER: COMPLETE THIS SECTION Ci
A.
. .
North Carolina Department of Environmental Quality / \ dresses
Division of Water Resources ceived by(ftrioted Name) at of Delivery
Water Quality Regional Operations Section es
2090 U.S. Hlghway_70 __ ___- / y °
Swannanoa, North Carolina 28778 �d'eliveeddress dif a ntfiom i 1 ❑Yes
! ,'enter deliveru address below:, p No
Jim Kelley, General Manager .yam CIO
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New Excelsior, Inc.
1379 Old Rosmah'Highway oa\O�'` '
Brevard, NC 28712 \ , �o �\
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Il I III I�I I I I I I ll�l I� III I I �� l I' III �II Q - Adult Sl-gn��rjre 0 Registered Mail—
natu a Restricted Delivery ❑ Registe red Mail Restricts
Certified Mall® Delivery
9590 940:3 0672 5196 9535 41 fied Mail Restricted Delivery Return Receipt for
❑ Collect on Delivery Merchandise
—arr o-Alumhnr_/Traacfar_from_caro; la-iahon __ —_-__ _ Collect on Delivery Restricted Delivery Signature ConfinnatlonTM
Mall ❑ Signature Confinnati
7 012 1010 0 0 0 2 i 19 6 5 131352 ;; Mail Restricted'Dellvery Restricted Delivery
oS Form 3811: Anrll 901E PRN 7Fan_ro_nnn_gn_q.qA1,-,0J_ as A,+

UNITED STATESOM First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4® in this boxO
JANET CANTWELL
NCCIEQ-DVV RANOROS
2090 U.S.
HIGHWAY 0 SWANNANOANC 287773
USPS TRACKING#
9590 9403 0672 5196 9535 41

ZIENDER: COMPLETE THIS SECTION
Vorth Carolina Deparfinejt of Environmental Quality
Division -of Water ResouFces _
Hater Quality Regional ---Operations Section
2090 U.S. Highway 70
3wannanoa, North Carolina 28778 ice_
lim Kelley, General Manager
4ew Excelsior, Inc.
379 Old Rosman Highway- _
3revard, NC 28712 —
IIilIIlJill lli11lIIII, III IN-IiiIIJill --I-III II11111
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9590 9403 0672 5196 9596 59
2.
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delivery address below: No
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OPP�e\ol�d 1
3. Service'Type.
❑ priority Mail Express@
❑ Adult Signature
❑ Registered MaIITM
❑ ult Signature Restricted Delivery
❑ Registered Mail Restdotx
ertified Mail@
Delivery
❑ Certified Mail Restricted Delivery
�etum Recelpt for
❑ Collect on Delivery
Merchandise
❑ Collect on Delivery Restricted Delivery , ❑Signature CoAnffiatlonr
" ail: ' j :
f]Sighaturo Cotlon
fail Restricted Delivery
Restdcte
'S Form 3811. Aoril 2015 PAN 7Fan_ng_nnn_4nsa r &/ - -n n 11. is 1 1, a DM.`,I o— i—

UNITED STATES POSTAL SERVICE
First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4® in this box•
JANET CANTWELL
NCDEO-OWR-WOROS
-090 U.S. HIGHWAY 70
-- SWANNANOA NC 29776 '
USPS TRACKING#
I
959� 9403 ❑672 5196 9596 59

gnaiure i:; r... ..;:.
forth Carolina Department of Environmental Quality
)ivision of Water Resources
Hater Quality Regional Operations Section ;ceived by (Printed Name)
?090 U.S. Highway 70
iwannanoa, North Carolina 28778 ---�
delivery ad ress differ fan
_ YES, enter delivery f
Jim Kellef; General-IV%nager
\lew Excelsior, Inc: -' s�t�
1379 Old Rosman Highway
Brevard, NG 28712
lililr�lllrltr�t�tiiniill�I!It�n�l��il�itlillll�i���lll�llll�ri I ,�,_, _
E 1111111 IN III t l l l 11 1111 II IS I 111111111111 ❑ Adult Si nat ure
❑ Agent
❑ Addre
C. Date of D%li
// � /
2016
❑ Adult Signature Restricted Delivery ❑ Regist' e� ivlail Restricts
9590 9405 0672 5196 9538 17' ertified Mail® Delivery
❑ ertified Mall Restricted Delivery /ttetum Receipt for
❑ Collect on Delivery 65 T7OPtteerohandise'
Artirla.Number: (rransfer-from service:lebeQ ❑ Collector Delivery Restricted;Delivery: ❑ Signature Conflrmationn
-• I ' ' .n.i ! Cl Signature Confirmation
7014 ` 10 510 o a'o D 4 4 6 6 ` ' I i 6 �'S oail Reshicted Dellvery1 'Restricted Delivery
:IS Form 3811 Aori12015 PRN 7Fgn_nq_nnn_ons;ah/A1i_ i r, ii40r1

UNITED STATES POSTAL SERVICE First -Class Mail
k Postage &Fees Paid
a+ " �:` '`►+ USPS
Permit No. G-10
.FM 3-1
• Sender: Please print your name, address, and ZIP+4® in this box*
JANET CANTWELL ,I
NCDE043WR-WOROS
2090 U.S. NIGNWAV 70
SWANNANOA NC 28778
USPS TRACKING#
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- ^— --- ------ ----------- --- - - - .,'nature
North Carolina Department of Environmental Quality ❑Agent
Division of Water -Resources Addressee
Water Quality Regional Operations Section y (Pn, ed.N$fie) C. Date of Dellvery
2090 U.S. Highway 70 +c d b , J
Swannanoa, North Carolina 28778
delivery add 2 e�erent fro m 1?�,Nea
s
i!ES, ente}� 4X:ddresAVow:
Jim Kelley, General Manager //� o ` ` � C
New Exceistcu, Inc.
1379 Old ReSrtan Highway
Brevard, NC�28712
9590 9403 0672 5196 9540 50
3. Service Type
❑ Adult Signature
ult Signature Restricted Delivery -
Certified Mall®
rtified Mall Restricted Delivery
O Collect on Delivery
❑ Collect on Delivery Restricted Delive
ry
❑ Priority Mail Express®
ElRegistered Mallm
11 Registered Mail Restrlcte
Delivery
�Retum Receipt for
Merchandise'
O Signature Confirmationn
7 014 0 510 0000 4466 4996 IalI ❑ Signature Confirmation
ail Restricted Delivery Restricted Delivery
'S:Form 3811. Anrii Pnl.r, PCNnRan_no_nnn_onre, r

UNITED STATES POSTAL SERVICE
First -Class Mail
Postage & Fees Paid
LISPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+41 in this box•
JANET CANTWELL
NCDEQZI R-WGROS
2090 U.S. HIGHWAY 70
SWANNANOA NC 78778
USPS TRACKING#
9590 9403 0672 5196 954❑ 5❑

■ Complete items 1, 2, and 3. A. Sig
■ Print your name and address on the reverse X
So_thatwE_oan�eturn_tha.r_ard_tn vni
Jim Kelley, General Manager
New Excelsior, Inc.
1379 Old Rosman Highway
Brevard, NC 28712 _
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❑ Agent
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3. 5 Ce lype 2� g ❑ Priodty Mail Express®
❑ Adult S lure ❑Registered MaIITM
❑ Adult Signal Rest, Ictecli iv ❑ Registered Mall Restrlcte
Certified Maile Delivery
❑ ertifiad Mail Restrl Dell v ry �'Retum Receipt for
❑ Collect on Delivery Merchandise
❑ Collect on Delivery Restricted Delivery ❑ Signature Confirmationn
h4ail. ; : p, Signature Confirmation
D Nail ResVict'd Delivery: '•. i :: Restricted Delivery
cR Fnr`m :RR11 1 Anril 2015'PGninAan'_ro_rinn-an�3 MDU_ del /I - i t/_ /J A..X 17 Domestic Retum

UNITED STATES P WTE21it First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
0 Sender: Please print your name, address, and ZIP+4® in this box"
G. LANDON DAVIDSON, SOR
2090 U.S. ISWANNANO.. -Al INC :.
USPS TRACKING#
T T
9590 9403 0672 5196 9544 25

■ Complete items 1, 2, and 3. A.
■ Print your name and address on the reverse
so that we can return the card to you.
Jim Kelley, General Manager
.Nep_ f xce.,ls,LoQjnc.;
T379 Ord Rosman Highway
Brevard, NC 28712 e
ped by (R
led Name)
C. Dab o�
S
ie1+` ry address differe rom item 1? ❑ Yes
�$ enter delivery addre
elow: ❑ No
1
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0
3. S �ioe Type O 9.
❑ Adult Signature�� Q,
❑ PrioriRegistered M jlTM ®
❑ Registered MajlTM
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❑ R istered Mail Restricts
9590 9402 2119 6132 6498 95
Certified M re
❑ rtiflsxi Mall Res clad Delivery
ery
Retum Receipt for
LRDeett nn
❑ Collect on Delivery
Merchandise
o_Ast. —r,i.mK—n!raacfar_frnm_carvire./ahe0
❑ Collect on Delivery Restricted Delivery ❑ Signature ConflrmatlonT
Mal ❑ Signature Confirmation
7016 16 3 7 Q 0 01 6 5 71
1�' l If,
91, 3 O�Mail Restricted Delivery
Restricted Delivery
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1 IAN
?S Form 3811. JUIV 2015 PSN 7530-02-000-9053/UIV •etdl e) - L i/- !17 L/ dq'_ Domestic Return RacelIt

USPS TRACKING #
-First=Class Mail
Postage & Fees Paid
USPS
1 i Permit No. G-10
9590 9402 19 6132 6498 95
United States
Postal Service
• Sender: Please print your name,
TMOTiY HEIM
NCOEG-0WR-WOROS
2090 U.S. HIGHWAY 70
SWANNANOA NC 28778

COMPLETE THIS SECTION ON DELIVERY
SENDER: COMPLETE THIS SECTION
E i Complete items 1, 2, and 3. Also complete A. Signature
item 4 if Restricted Delivery is desired. 13 Agent
Print your name and address on the reverse x 1:1 Addressee
so that we can return the card to you. B. Received by (Printed Name) C. Date of Delivery
E-Attach —card to the back ith this kD -e-mabieoe_
North Carolina Department of different from item 1? 0Yes
Environment and Natural Resources livery address below: 0 No
Division of Water Resources
[
A. Water Quality Regional Operations
1N�DR 2090 U.S. Highway 70, Swannanoa, NC 28778
Ron She—m-esh, CEO
Excels'-n-Dackaging Group
I
1 1379 osman Highway
1, --BrevairY, 'C 28712
3. ServiceType
JWCertlffed Mail C3 Exprm Mail
13 Registered eqfletum Receipt for Merchandise
E3 Insured Mail E3 C.O.D.
4. Restricted Delivery? (Extra Fee) 13 Yes
7012 1010. 0110.2 1965 . L%/ ;Lolq ,5
9622� 00a
PS Form 3.811,- February. 2004 Domestic Return Receipt 102595-02-M-1540
kL

NCDENR
Division of Water Resources.
Water Quality Regional
Operations Section
2090 U.S. Highway 70
Swannanoa, NC 28778
tjtL;t:1Vr—Lj
APR' 1 4 2014
10
7012 1010 0002-1965 9622
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
02 '1 P
0003212337 MAR 18 2014
MAILED FROM ZIP CODE 28778
F
nEF
Rori Shemesh, CEO
-
Excelsior -Packaging Group
Brevan
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