NC0079481_Regional Office Physical File Scan Up To 10/5/2020

�ECV7'EROW�F1�Nf`Ai. Q�DA�6`'
Certified Mail # 7012 1010 0002 1965 6690
Return Receipt Requested
-July 21, 2016
Dennis J Whitson
3800 Sugarhill Rd
Marion, NC 28752
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2016-LV-0409
Permit No. NCO079481
Harmony Estates WWTP
McDowell County
Dear Permittee:
A review of the February 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
001 Effluent Flow, in conduit or thru 2/29/2016 0.02 0.036 Monthly Average Exceeded
treatment plant (50050)
Reporting Violation(s):
Location
Date
Type of Violation
DMR—Front page February 2016 ORC Signature Missing
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.
Please sign two copies of the February 2016 DMR and send to Raleigh and a copy to this Office. Please
also attach a cover page with an explanation for the amendment.
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
a—)— 828-296-4500

4 - -
Please review the Flows for the February 2016 DMR and submit a written response within 10 days of receipt of
this letter to this Office explaining why the Monthly Average Flow exceeded the permit limit by 78.79%.
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-Ashevil'Ie-Regional-OfFce---Enforcement-File
NPDES Compliance/Enforcement Unit - Enforcement File
Phillip Pittman/ ORC
G:\WR\V1Q\MCDowell1Wastewater\Minors\Harmony Estates 79481\NOV-2016-LV-0409.rtf

mob* . IL
7 4iI'j t�"f4 It fi
Dkei*
Certified Mail # 7012 1010 0002 1965 5839
Return Receipt Requested
June 7, 2016
Dennis J Whitson
3800 Sugarhill Rd
Marion, NC 28752
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2016-MV-0074
Permit No. NCO079481
Harmony Estates WWTP
McDowell County
Dear Permittee:
A review of the October 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Monitoring Violation(s):
Sample
Location Parameter
Monitoring
Date Frequency - Type of Violation
001 Effluent Flow, in conduit or thru treatment 10/31/2015 Continuous, Frequency Violation
plant (50050)
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.
If the above parameter was left off inadvertently, please send amended DMRs within 16 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.
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

c . > . 7 .. 0
Please refer to the latest letter titled "Electronic Reporting Requirements" dated March 31, 2016, concerning
registering to use the Division's new e-DMR system for the completion and electronic submittal of monthly
Discharge Monitoring Reports (DMRs).
If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional
Office at 828-296-4500.
Sincerely,
P'e� 4 --
jr-,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Cc: �1NQS Asheville- Regional-Office=:.Enforc me ant -Filed
NPDES Compliance/Enforcement Unit - Enforcement File
Phillip Pittman/ ORC
G:\WR\WQ\McDowell\Wastewater\Minors\Harmony Estates 79481\NDV-2016-MV-0074.rtf

'4
AM=
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Dennis J. Whitson
3800 Sugarhill Road
Marion, North Carolina 28752
Dear Mr. Whitson:
Donald R. van der Vaart
Secretary
May 22, 2015
Subject: NOTICE OF DEFICIENCY,
NOD-2015-LV-0041
Permit No. NCO079481
Harmony Estates WWTP
McDowell County
A review of Harmony Estates WWTP's monitoring report for December 2014 showed the following
violations:
Parameter
Date
Limit Value
Reported Value
Limit Type
DO, Oxygen, Dissolved
12/16/2014
5.0 mg/ L
4.5 mg/ L
Daily Minimum Not
Reached,,
DO, Oxygen, Dissolved
12/22/2014
5.0 mg/ L
4.0 mg/ L
Daily Minimum Not
Reached
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.
There was also a DO on December 30, 2014, marked as "50 mg/ L." Please amend the DMR with the
correct value and send two copies to Raleigh and 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 828/296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations, NCDENR
Asheville Regional Office
cc: WQoAsheWille�iFiles�
MSC 1617-Central Files -Basement
Phillip Pittman/ ORC
G:1WR\WQ1McDowe111Wastewater\MinorslHarmony Estates 794811NOD-2015-LV-0041Acc
Water Quality Regional Operations — Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] Fax: [phone]
Internet: hdp://portal.ncdenr.org/weblwq
An Equal Opportunity/ Affirmative Action Employer

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Attn' Dennis J. Whitson
Harmony Estates WTP
3800 Sugar Hill Rd
Marion, NC 28752
Dear Mr. Whitson:
John E. Skvarla, III
Secretary
August 01, 2014
Subject: Acknowledgement of Permit Renewal
Permit NCO079481
_}_:2� County
The NPDES Unit received your permit renewal application on July 28, 2014. 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.
I' If you have any additional questions concerning renewal of the subject permit, please contact Bob
Sledge [phone].
Sincerely, RECEIVED
Division of Water Resources
W ►yew Tl�zol�d�
AUG = 6 2014
Wren Thedford
Water Quality Regional Operations
Wastewater Branch Asheville Regional Office
cc: Central Files
,,,Asheville Regional. Office
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
An Equal OpportunityMmnative Action Employer

Whitson Realty
Hannony Estates
3800 Sugar Hill Rd.
Marion, NC 28752
July 7, 2014
Ms. Wren Thedford
NCDENR/Division of Water Resources
Wastewater Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Dear Ms. Thedford:
Please accept this letter as a request for renewal of the Harmony Estates Wastewater
Treatment Plant NPDES Permit #NC0079481.
There have been no operational or design changes at the facility since the issuance of the
last permit.
Sincerely,
Dennis J. Whits
RECEIVED/DENR/DWR
JUL 282014
Water Quaiity
Permitting Section

NPDES APPLICATION - FORM D
For privately -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 INCOO T? S� l
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 Ej A115 c�.- U /L4 / 7.S D xJD
Facility Name C—IA-a, ix p�J Y L: 5 Ti I �s AYle (j&La, 7&A6xa.-;v T i
Mailing Address 3 g'M Su Gr i(i L L. l�-o
City /� A-i�10 P1
State / Zip Code Al ©R-+g CA_ gDL(A.1 A 7 S 2---
Telephone Number (929) -7 3 V- 3 s 0
Fax Number
e-mail Address Der(Nf& lJ 9) u/g/-�SO..,j gq.4�( y_ Gcp/n
2. Location of facility producing discharge:
Check here if same address as above ❑
Street Address or State Road (De-e-A Plj�eK 4WZ (L 1?6S) Lc:. / 9 0 �" 9
City
State / Zip Code N O�f ( %�' Zk7
County
Mc- Dvcje-L, L
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 ORRC�C)
Name U)9 / 71Qt J (�- t- 4 (iJ a✓C .
Mailing Address 3 ZGt> S,,Ga-AYc_
City &tu 0
State / Zip Code PJ0 0__-CH
Telephone Number (Vzv) 7 3K _ J Y-D
Fax Number NV 7 3K�c--Z^�
e-mail Address Dg rC/A/(S c/ (9)L/g( � S-o,,j 4elx tlrl. cb/k
1 of 3 form-D 11/12

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Dennis J. Whitson
Harmony Estates
3800 Sugar Hill Rd
Marion, NC 28752
Dear Mr. Whitson:
John E. Skvarla III
Secretary
December 12, 2014
Subject: Issuance of NPDES Permit NCO079481
Harmony Estates WWTP
McDowell County
Class WW-3
Division personnel have reviewed and approved your application for renewal of the subject permit.
Accordingly, we are forwarding the attached NPDES discharge permit. 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).
This final permit has no major changes from the draft permit sent to you on October 22,,
2014.
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 any other Federal, State, or Local governmental permit that may be required. If you
have any questions concerning this permit, please contact Charles Weaver at telephone number (919) 807-
6391.
Sincerely,
r` C /k1/;e-fk-4.
Thomas A. Reeder, Dire for
Division of Water-Reseuzre l
I-t'-'C—"-',VED
Division of Water Resources
cc: Central Files
A sbe v Re Region al ai ffice
NPDES Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh,
Phone: [phone] / FAX [phone] / http://portal.ncdenr.org/web/wq
DEC 2 2 2014
Cargliaa r276Q4iity Regional Operations
Asheville Regional Office
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Permit NCO079481
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER RESOURCES
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,
Dennis J. Whitson
is hereby authorized to discharge wastewater from a facility located at the
Harmony Estates WWTP
Deer Park Rd / Lots 90 & 91
Nebo
McDowell County
to receiving waters designated as an unnamed tributary to North Muddy Creek in
subbasin 03-08-30 of the Catawba 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 January 1, 2015.
, This permit and authorization to discharge shall expire at midnight on December 31, 2019.
Signed this day December 12, 201.4
Th6%r s A. Reeder, Director
I ilh"sion of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 5

Permit NC0079481
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.
Dennis J. Whitson is hereby authorized to:
1. Continue to operate an existing 0.020 MGD wastewater treatment facility with the
following components:
♦ Manual bar screen
♦ Equalization basin
♦ Dual grinder pumps
♦ Aeration basin with 2 blowers [diffused air]
♦ Clarifier with sludge return / air lift pumping
♦ Sludge holding tank
♦ Tablet chlorine disinfection and contact chamber
♦ Sodium sulfite tablet dechlorination
This facility is located east of Marion at the Harmony Estates WWTP on Deer Park
Rd in McDowell County.
2. After receiving an Authorization to Construct permit from the Division, construct
and operate a 0.040 MGD wastewater treatment system.
3. Discharge from said treatment works at the location specified on the attached map
into an unnamed tributary to North Muddy Creek, currently classified C waters in
the Catawba River Basin.
Page 2 of 5

Permit NCO079481
Part I
Am (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of this permit and lasting until expansion
above 0.020 MGD, the Permittee is authorized to discharge from outfall 001. Such
discharges shall be limited and monitored' by the Permittee as specified below:
PARAMETER
LIMITS
MONITORING REQUIREMENTS
[PCS Code]
Monthly
Daily
Measurement
Sample
Sample
Average
Maximum
Frequency
Type
Location2
Flow
0.020 MGD
Continuous
Recording
Influent or
50050
Effluent
Flow
50050
0.040 MGD3
Continuous
Recording
Influent or
Effluent
BOD, 5-day (20°C)
30.0 mg/L
45.0 mg/L
Weekly
Composite
Effluent
00310
Total Suspended Solids
30.0 mg/L
45.0 mg/L
Weekly
Composite
Effluent
00530
NH3 as N (April 1 - October 31)
2.0 mg/L
10.0 mg/L
Weekly
Composite
Effluent
00610
NH3 as N (November 1 - March 31)
4.0 mg/L
20.0 mg/L
Weekly
Composite
Effluent
00610
Fecal Coliform (geometric mean)
200 / 100 ml
400 / 100 ml
Weekly
Grab
Effluent
31616
Dissolved Oxygen
Daily average > 5.0 mg/L
Weekly
Grab
Effluent
00300
-
Dissolved Oxygen
Weekly
Grab
U & D
00300
Total Residual Chlorine (TRC)4
28 pg/L
2/Week
Grab
Effluent
50060
Temperature (°C)
Weekly
Grab
Effluent,
00010
U & D
[0 0400
> 6.0 and < 9.0 standard units
- -
Weekly
Grab
Effluent
Footnotes:
1. No later than 270 days from the effective date of this permit, the permittee shall begin submitting
discharge monitoring reports electronically using the Division's eDMR system [see A. (2)].
2. Upstream = at least 100 feet upstream from the outfall. Downstream = at least 300 feet
downstream from the outfall.
3. After receiving an Authorization to Construct (AtC) permit from the Division, the permittee may
build an expanded WWTP with a treatment capacity of up to 0.04 MGD. This flow limit will not be
activated until the construction required by the AtC has been completed.
4. The Division shall consider all effluent total residual chlorine values reported < 50 µg/L to be in
compliance with the permit. However, the Permittee shall continue to record and submit all
values reported by a North Carolina certified laboratory (including field certified), even if these
values fall below 50 µg/L.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
Page 3 of 5

Permit NCO079481
A. (2) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS
Proposed 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 Division anticipates that these regulations will be adopted and is beginning
implementation.
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
• Section D. (2.) Reporting
• Section D. (6.) Records Retention
• Section E. (5.) Monitoring Reports
1. Reporting (Supersedes Section D. (2.) and Section E. (5.) (a)l
Beginning no later than 270 days from the effective date of this permit, the permittee
shall begin reporting 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 / Information Processing Unit
ATTENTION: Central Files / eDMR
1617 Mail Service Center
Raleigh, NC 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 from 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.
Requests for temporary waivers from the NPDES electronic reporting requirements 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 using eDMR.
Temporary waivers shall be valid for twelve (12) months and shall thereupon expire. At
such time, DMRs shall be submitted electronically to the Division unless the permittee
re -applies for and is granted a new temporary waiver by the Division.
Page 4 of 5

Permit NC0079481
Information on eDMR and application for a temporary waiver from the NPDES electronic
reporting requirements is found on the following web page:
http: / /portal.ncdenr.org/web/­wq / admin / bog/ ipu / edmr
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.
2. Signatory 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 II, Section B. (11.)(a) or by a duly authorized representative of that
person as described in Part II, Section B. (11.)(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:
http: / /portal.ncdenr.org/web /wq / admin/bog/ipu / 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:
"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 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."
3. Records Retention [Supplements Section D. (6.)1
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 5 of 5

3949
2
L , I,ti� I G 7,
r l I t,— x/3-45. i
3948
6, l�
�}a 1 3947,
j 11 �.. �\ �\� I� - \- � � i•__:` yes?,��\ � (" J � ` -\oGo
1408
•t, K /' � \• U i -tee-=—�
7f3x :vsd6;
�• ' __-`1` / � I' �''1 \' 1/2gOt��'� %'1 O `'o "r�` .. it �`�%1P_ j E� ��1-� I +;. _
Dixon,,' / 2
it trr`,12so- A/ , C� a
31
4,7
f'c r
O
•� oU �A1 � ; f .•%. � Jam(-��} ' (j/� ` /�V
Longue:
AsCO079481
Facility
\
:81*53'3
Longitude:81�53'39"
Receiving Stream:
Location
Y
r f �:
.L
~�
UT North 1\Iuddp Creek
Harmony Estates
Quad #: EIINW
WWTP
Stream Class: C
Subbasin:30830
>� ORTH
SCALE 1 :24000

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
Version 1110912011.1

NPDES Permit Standard Conditions
Page 2 of 18
(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).
Version 1110912011.1

NPDES Permit Standard Conditions
Page 3 of 18
Hazardous Substance
Any substance 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 propegy 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 Conditions
Page 4 of 18
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 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
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)].
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 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.
Version 1110912011.1

NPDES Permit Standard Conditions
Page 5of18
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 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 atory 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 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].
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]
Version 1110912011.1

NPDES Permit Standard Conditions
Page 6 of 18
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:
"I certifyunder penalty of law, that this document and all attachments were prepared tinder 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).
Version 1110912011.1

NPDES Permit Standard Conditions
Page 7 of 18
(3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating
at least one of the responsibilities.
The ORC 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 II, 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.
2. 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 permit [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.
Version 1110912011.1

NPDES Permit Standard Conditions -
Page 8 of 18
(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.
Upsets
a. Effect of an upset [40 CFR 122.4 1 (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 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 02H .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
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:
Version 1110912011.1

NPDES Permit Standard Conditions
Page 9 of 18
NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
16t7 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://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 122.41].
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].
Version 1110912011.1

NPDES Permit Standard Conditions
Page 10 of 18
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 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 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); 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.
Version 1110912011.1

NPDES Permit Standard Conditions
Page 11 of 18
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 using test procedures
approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate
instrument governing 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)].
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. 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.
Version 1110912011.1

NPDES Permit Standard Conditions
Page 12 of 18
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
Version 1110912011.1

NPDES Permit Standard Conditions
Page 13 of 18
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 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 (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.
Version 1110912011.1

NPDES Permit Standard Conditions
Page 14 of 18
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. [15A 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

NPDES Permit Standard Conditions
Page 15 of 18
All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]:
Any new 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 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 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 Conditions
Page 16 of 18
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 User (IU) discharging to the POTW to meet Federal Pretreatment
Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and
specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from
any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new
Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as
required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(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 02H .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 122.440)(2)]
The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40
CFR 403, 15A NCAC 02H .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 02H .0903 and 40 CFR 403.3.
1. Sewer Use Ordinance (SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [I 5A
NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)]
2. Industrial Waste Survey (IWS)
The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or
treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)],
including identification of all Industrial Users that may have an impact on the POTW 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. Where the Permittee accepts wastewater from one or more satellite POTWs, the
IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those
satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. 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 C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9]
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 Parts II.D and II.E.5.). [15A
NCAC 02H .0903(b)(16), .0906(b)(3) 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
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 02H .0909, specific Local Limits to implement the prohibitions
listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are
Version 1110912011.1

NPDES Permit Standard Conditions
Page 17 of 18
enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and
.0906(b)(4)]
5. 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 collection system or 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 1UP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii);
NCGS 143-'215.67(a)]
6. Authorization to Construct (AtQ
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 02H .0906(b)(7) 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 inits Division
approved pretreatment program in order to determine, independent of information supplied by Industrial Users,
compliance with applicable pretreatment standards. [ I5A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The
Permittee must
a. Inspect all Significant'. Industrial Users (SIUs) at least once per calendar year.
b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all S1U permit -limited
parameters including flow except as allowed, under 15A NCAC .0908(e); .and
c. At least once per year, document an evaluation of any non -significant categorical Industrial User for
compliance with the requirements in 40 CFR 403.3(v)(2),,and either continue or revoke the designation as non-
significant..
8. IU Self Monitoringand nd: Reporting
The Pennittee 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 02H .0908'. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR.403.8(f)(1)(v) and (2)(iii); 40 CFR
122.440)(2) and 40 CFR 403.12]
9. Enforcement Response Plan (ERP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards
as set forth in 40 CFR 403.5. and 15A NCAC 02H .0909, specific local limitations, and other pretreatment
requirements. All remedies, enforcement actions and other, shall be ,consistent with the Enforcement Response
Plan (ERP) approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(b)(8) and .0905; 40 CFR 403.8(f)(5)]
10. Pretreatment Annual Reports (PAR).
The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. In lieu of submitting annual
reports, Modified Pretreatment Programs developed under 15A NCAC' 02H .0904 (b) may be required to submit a
partial annual reportor to meet with Division personnel periodically to discuss enforcement of pretreatment.
requirements and other pretreatment implementation issues.
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 calendar year to the Division at the following
address:
Version 1110912011.1

q � -
NPDES Permit Standard Conditions
Page 18 of 18
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 format provided by the Division;
c. Significant Non -Compliance Report (SNCR).
A listof 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 (IDS'F) 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
lUs in SNC', a summary of data or other information related to significant noncompliance determinations for
IUs that are not considered SIUs, 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)
as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements
and standards during theprevious 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
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 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
pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H
.0906(b)(9) and (10) 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

COUNTY:
DATE:
FROM:
lam.
MEMO TO
nr
NC DIVISION OF WAFER
QUALI I Y-WATER QUALITY SECTION
r
�
,

Harmony Estates
WWTP
NPDES Permit No. NC0079481
McDowell County
Dear SIR Or Mam
This is in response to August 2013 Violation. A Futher inspiction of the plant it hase showed that i have
not been wasting enough sludge.We try to wast once per year. Since more homes have been added it
will take at least three times a year to waste sludge.We are in process of getting a pump truck in.The
dmrs for septmber and august are all in limits This is a small packige plant that dont give me much room
for err.l am asking for remissin for this violation if possble. thank you for your time. PHILLIP C
PITTMAN ORC

Cantwell, Janet
From: Phillip PITTMAN <[e-mail]>
Sent: Saturday, November 09, 2013 7:28 AM
To: Jimison, Kathy
Cc: Cantwell, Janet
Subject: AUGUST VIOLATIN
Attachments: HARMONY.rtf
KATHY AND JANET THANK YOUNS FOR ALL THE HELP
The information contained in this communication (including any attachments transmitted with it) is confidential
and may be privileged and the views, conclusions and other information expressed herein are not necessarily the
views of or endorsed by Coats plc unless such information is transmitted in the normal course of its business. It
is for the exclusive use of the intended recipient(s). If you have received this message in error and you are not
the intended recipient(s), please notify us by email (Apps.Support a,coats.com.) or telephone our technical
support helpdesk at Coats plc. [phone] (available 24 hours a day, 7 days a week) and then delete the
email and any copies of it including any attachments thereto. Any distribution, copying or use of this
communication or the information contained herein if received in error is strictly prohibited. Coats plc will not
be liable for direct, special, indirect or consequential damages arising from the alteration of the contents of this
message by a third party or as a result of any virus being passed on. All reference to "Coats plc" includes all of
its subsidiaries and associated companies. Coats plc is registered in England and Wales under company
registration number 04620973 having its registered office at 1 The Square, Stockley Park, Uxbridge UBI 11TD

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
April 24, 2013
Dennis J. Whitson
3800 Sugarhill Rd
Marion, NC 28752
SUBJECT: Compliance Evaluation Inspection
Harmony Estates WWTP
Permit No: NCO079481
McDowell County
Dear Mr. Whitson:
Enclosed please find a copy of the follow up compliance evaluation inspection
conducted on April 5, 2013. Please refer to the enclosed inspection report for additional
observations and comments. If you or your staff have any questions, please call me at
296-4500.
Sincerely,
Katherine H. JimisV
Chemistry Technician III
Enclosure
cc: Phillip Pittman
Central Files
he,�ilFll
S:\SWP\McDowell\Wastewater\Minors\Harmony Estates 79481\79481 CEI 2013.doc
SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 One
Phone: [phone]\FAX: [phone] NorthCarolina
Internet: www.ncwaterguality.org NaWrallff

United States Environmental Protection Agency
Form Approved.
E P ^ Washington, D.C. 20460
/�
OMB No. 2040-0057
on 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 15 I 31 NCO079481 111 121 13/04/05 117
18I C I 19181 20
Remarks
21I111IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII
IIII1116
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA
------------------Reserved ----------------------
671 169 70121 711 I 72I N I
73 L.0 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)
Harmony Estates WWTP
09:10 AM 13/04/05
10/08/01
Exit Time/Date
Permit Expiration Date
NCSR 1765
Marion NC 28752
10:30 AM 13/04/05
14/12/31
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Dennis J Whitson,3800 Sugarhill Rd Marion NC 28752//828-738-3540/ No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Operations & Maintenance ® Records/Reports N Facility Site Review
Section D: Summary of Find in/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of-Inspector(s) ,agency/Office/Phone and Fax Numbers Date
Kathy Jimison ARO WQ//828-296-4500/
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

F
WDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Dennis J. Whitson
3800 Sugarhill Road
Marion, North Carolina 28752
Dear Mr. Whitson:
Division of Water Quality
Charles Wakild, P.E.
Director
March 19, 2013
Subject: NOTICE OF VIOLATION
NOV-2013-LV-0173
Permit No. NCO079481
Harmony Estates WWTP
McDowell County
John E. Skvarla, III
Secretary
A review of Harmony Estates WWTP's monitoring report for December 2012 showed the following
violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
BOD, 5-Day (20 Deg. C)
- Concentration
12/31/2012
30 mg/I
35.28 mg/1
Monthly Average
Exceeded
. Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted.
The Division of Water Quality may pursue enforcement action for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at
828/296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
ll jgW sAsheville File
DWQ Central Files
Phillip Pittman/ ORC
S:\SWPWIcDowell\Wastewater\Minors\Harmony Estates 79481 XNOV-2013-LV-01 73.doc
NorthCarolina
Natrrra!!y
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone]
Internet: www.newaterauality.org FAX [phone]

LP!, "1LE COPY
0
4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E.
Governor Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Dennis J. Whitson
3800 Sugarhill Road
Marion, .North Carolina 28752
Dear Mr. Whitson:
September 13, 2012
7010 1870 0003 0874 9322
Subject: NOTICE OF VIOLATION
NOV-2012-PC-0309
Compliance Sampling Inspection
Harmony Estates WWTP
Permit No. NCO079481
McDowell County
Dee Freeman
Secretary
Enclosed please find a copy of the Inspection Report from the inspection conducted August
24, 2012. The kind assistance of Mr. Phillip Pittman, ORC, was appreciated. He does an excellent
job of operating the plant. The Compliance Sampling Inspection was conducted by Janet Cantwell
and Kathy Jimison of the Asheville Regional Office. The treatment facility was found to be in
violation of Permit NCO079481 for the following:
Compliance issues found during the inspection are:
Inspection Area
Compliance Issue
Facility
The facility itself needs sandblasting and repainting to prevent
further deterioration and extend the life,of the plant.
Bar Screens
The bar screen has deteriorated and is needing replacement.
This problem was also noted in a previous inspection
report.
Basins
Several areas of the basins have rusted to the point of having
holes and should be plated and repainted.
Record Keeping
Records and reports were available on site; however, the
ORC should keep a daily logbook.
SURFACE WATER PROTECTION —ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NOrthC�rolina
Phone: [phone]\FAX: [phone] ��tur�L`�
Internet: www.ncwaterguality.org j/�

Mr. Dennis J. Whitson
September 13, 2012
Page Two
Please refer to the enclosed Inspection Report for any additional observations and
comments.
Please submit a timetable in writing for addressing the listed concerns within thirty
(30) days of receipt of this letter to this office. Replacing the bar screen is a priority and
should be done immediately. Please notify this office when the bar screen is replaced.
You should address the causes of noncompliance and all actions taken to prevent the
recurrence of similar situations.
Please be aware that if effluent violations occur that are attributable to the conditions at
this facility, you will be subject to the assessment of civil penalties for both effluent permit
violations and for failure to maintain the facility as required in Part II C.2 of the NPDES Permit.
If you should have any questions, please do not hesitate to contact Janet Cantwell
or me at 828/296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Attachment
°c®�fll-Q�AshevllEe�6�silesvvl�at�achrr�'ent�'� '�'
DWQ Central Files w/ attachment
Charles Weaver/ Enforcement w/ attachment
Phillip Pittman/ ORC w/ attachment
S:\SVJP\McDowell\Wastewater\Minors\Harmony Estates 79481\NOV-2012-PC-0309.doc

United States Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I N I 2 15 I 31 NCO079481 111 121 12/08/24 117 18I S I ISI I 20III
Remarks
21 111IIII IIII IIIIIIII IIIIIIIIIIII IIIIIIIIIIII1116
Inspection. Work Days Facility Self -Monitoring Evaluation Rating B1 QA -- ---------------Reserved--------------
671 169 701 I 711 I 72I N I 73 u_I I I 174 751 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
POTW name and NPDES permit Number)
Entry Time/Date
Permit Effective Date
Harmony Estates WWTP
10:25 AM 12/08/24
10/08/01
Exit Time/Date
Permit Expiration Date
NCSR 1765
Marion NC 28752
11:46 AM 12/08/24
14/12/31
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Name, Address of Responsible Official/Title/Phone and Fax Number
Dennis J Whitson,3800 Sugarhill Rd Marion NC 28752//828-738-3540/ ContactedYes
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit 0 Flow Measurement E Operations & Maintenance E Records/Reports
Self -Monitoring Program E Facility Site Review 0 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 Inspecto Agency/Office/Phone and Fax Numbers Dat
J�
Janet Cantw ARO WQ//828-296-4500 Ext.4667/
Kathy Jimison 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.
t
Page # 1

It
NPDES
yr/mo/day
31 NC0079481 I11 12I 12/08/24 117
Inspection Type
18I SI
(cont.)
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
This facility is in need of rehabilitation and replacement of certain elements due to the deterioration of the
basins, motor/ blower covers and bar screen.
The motor/ blower covers need replacement due to being rusted and leaky.
Several areas of the basins have rusted to the point of having holes and should be plated and repainted.
The facility itself needs sandblasting and repainting to prevent further deterioration and extend the life of
the plant.
The bar screen is badly deteriorated and should be replaced. This problem was also noted in a previous
inspection report.
Grease was observed in the EQ basin.
"Fats, Oils and Grease" fliers should be developed and delivered to the residents of the park twice a year.
A "dry feeder" system for soda ash should be installed to aid in keeping the ammonia down.
The road down to the plant is in dire need of being scraped and re -graveled. The ORC has to make a
difficult trip down and back every day to operate the plant and the road should be maintained to make the
facility more accessible.
Children's footprints were observed in the soil next to the facility's fence. The ORC stated there has been
vandalism directed at the facility in the past.
Even though the plant is secured, it would be advisable to post the area and notify the residents of the park
to discourage any more vandalism, trespassing and curiosity.
Records and reports were available on site; however, a daily logbook should be kept and maintained at the
facility.
A new flow meter is in the process of being installed to replace the existing one.
Samples were taken during the inspection and results will be sent when they are received from the lab.
Please be aware that if effluent violations occur that are attributable to the conditions at this facility, you will
be subject to the assessment of civil penalties for both effluent permit violations and for failure to maintain
the facility as required in Part II C.2 of the NPDES Permit.
Page # 2

Permit: NCO079481
Inspection Date: 08/24/2012
Owner - Facility: Harmony Estates WWTP
Inspection Type: Compliance Sampling
(if the present permit expires in 6 months or less). Has the permittee submitted a new application?
Is the facility as described in the permit?
# Are there any special conditions for the permit?
Is access to the plant site restricted to the general public?
Is the inspector granted access to all areas for inspection?
Comment: Children's footprints were observed in the soil next to the facility's fence.
The ORC stated there has been vandalism directed at the facility in the past.
Even though the plant is secured, it would be advisable to post the area and notify the
residents of the park to discourage any more vandalism and curiosity.
A "dry feeder" system for soda ash should be installed to aid in keeping the ammonia
down.
Record Keeping
Are records kept and maintained as required by the permit?
Is all required information readily available, complete and current?
Are all records maintained for 3 years (lab. reg. required 5 years)?
Are analytical results consistent with data reported on DMRs?
Is the chain -of -custody complete?
Dates, times and location of sampling
Name of individual performing the sampling
Results of analysis and calibration
Dates of analysis
Name of person performing analyses
Transported COCs
Are DMRs complete: do they include all permit parameters?
Has the facility submitted its annual compliance report to users and DWQ?
(If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift?
Is the ORC visitation log available and current?
Is the ORC certified at grade equal to or higher than the facility classification?
Is the backup operator certified at one grade less or greater than the facility classification?
Yes No NA NE
Yes No NA NE
■nnn
■nnn
■nnn
nnn■
nnn■
n
n
n
n
n
n
Page # 3

Permit: NCO079481 Owner - Facility: Harmony Estates WWTP
Inspection Date: 08/24/2012 Inspection Type: Compliance Sampling
Record Keeping
Is a copy of the current NPDES permit available on site?
Facility has copy of previous year's Annual Report on file for review?
Comment: Records and reports were available on site; however, a daily logbook
should be kept and maintained on site.
Operations & Maintenance
Is the plant generally clean with acceptable housekeeping?
4
Yes No
NA
NE
n■nn
nn■n
Yes No
NA
NE
■nnl_i
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n ❑ n
Judge, and other that are applicable?
Comment: This facility is in need of rehabilitation and replacement of certain elements
due to the deterioration of the basins, motor/ blower covers and bar screen.
The motor/ blower covers need replacement due to becoming leaky and rusted.
The bar screen has also rusted out to the point it needs to be replaced.
Several areas of the basins have rusted to the point of having holes and should be
plated and repainted.
The facility itself needs sandblasting and repainting to prevent further deterioration and
extend the life of the plant.
The road down to the plant is in dire need of being scraped and re -graveled. The ORC
has to make a difficult trip down and back every day to operate the plant and the road
should be maintained to make the facility more accessible.
It would be advisable to post signs around the plant and notify residents of the park to
discourage trespassing.
The area surrounding the facility should be kept mowed.
Bar Screens
Yes
No
NA
NE
Type of bar screen
a.Manual
■
b.Mechanical
n
Are the bars adequately screening debris?
n
■
n
n
Is the screen free of excessive debris?
■
D
Is disposal of screening in compliance?
■
Q
n
n
Page # 4

Permit: NCO079481 Owner - Facility: Harmony Estates WWTP
Inspection Date: 08/24/2012 Inspection Type: Compliance Sampling
Bar Screens
Yes
No
NA
NE
Is the unit in good condition?
Q
■
n
n
Comment: The bar screen has deteriorated and should be replaced. This problem
was also noted in a previous inspection report.
Equalization Basins
Yes
No
NA
NE
Is the basin aerated?
■
❑
n
Is the basin free of bypass lines or structures to the natural environment?
■
n
n
Cl
Is the basin free of excessive grease?
■
n
n
n
Are all pumps present?
■
n
n
n
Are all pumps operable?
■
11
0
0
Are float controls operable?
0
❑
0
■
Are audible and visual alarms operable?
❑
11
❑
■
# Is basin size/volume adequate?
n
n
n
■
Comment: Grease was observed in the EQ basin.
Twice a year "Fats, Oils and Grease" fliers should be developed and delivered to the
residents of the park.
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
Aresurface aerators and mixers operational?
n
n
■
Are the diffusers operational?
■
❑
❑
D
Is the foam the proper color for the treatment process?
■
❑
11
Does the foam cover less than 25% of the basin's surface?
■
❑
D
n
Is the DO level acceptable?
0
D
❑
■
Is the DO level acceptable?(1.0 to 3.0 mg/1)
11
❑
11
■
Comment: Areas of rust were observed in the aeration basin.
Secondary Clarifier
Yes
No
NA
NE
Is the clarifier free of black and odorous wastewater?
■
❑
D
Is the site free of excessive buildup of solids in center well of circular clarifier?
❑
❑
■
n
Are weirs level?
■
Page
# 5

Permit: NC0079481
Inspection Date: 08/24/2012
Secondary Clarifier
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?
Is the drive unit operational?
Owner - Facility: Harmony Estates WWTP
Inspection Type: Compliance Sampling
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: Areas of rust and holes were observed in the clarifier basin.
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:
Flow Measurement - Effluent
# Is flow meter used for reporting?
Is flow meter calibrated annually?
Is the flow meter operational?
(If units are separated) Does the chart recorder match the flow meter?
Comment: A new flow meter is in the process of being installed to replace the existing
one.
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:
Yes
No
NA
NE
Yes No NA NE
■nnn
■nnn
2
■nnn
■nnn
nnn■
Yes No NA NE
Yes No NA NE
Page # 6

Permit: NC0079481 Owner - Facility:
Inspection Date: 08/24/2012 Inspection Type:
Harmony Estates WWTP
Compliance Sampling
De -chlorination
Yes
No
NA
NE
Are the tablets the proper size and type?
■
n
n
n
Are tablet de -chlorinators operational?
■
n
n
n
Number of tubes in use?
2
Comment:
Effluent Pipe
Yes
No
NA
NE
Is right of way to the outfall properly maintained?
■
n
n
n
Are the receiving water free of foam other than trace amounts and other debris?
■
n
n
n
If effluent (diffuser pipes are required) are they operating properly?
n
n
■
n
Comment
Page # 7

�f H I T S ®
REALTY-- ---------
--------- --�
SOUTH OF 1-40 AT
3800 SUGAR HILL ROAD
MARION, NC 287S2
October 11, 2012
Chuck Cranford, Regional Supervisor
Surface Water Protection -Asheville Regional Office
NCDENR, Division of Water Quality
2090 U.S. Highway 70
Swannanoa, NC 28778
Dear Mr. Crawford:
[phone]
www.WhitsonRealty.com
1-800 731-3540 REALTOR®
Thank you for your letter dated September 13, 2012 regarding the Compliance Sampling
Inspection at Harmony Estates WWTP (NC0079481) conducted by Janet Cantwell and Kathy
Jimison.
In reference to the compliance issues, corrective action has already bed. Listed below
is a response to the items:
■ Facility - The facility itself will be sandblasted and repainted. Expected time for
completion is March 31, 2013.
■ Bar Screen - Replacement will be completed by November 30, 2012.
■ Basins - Refurbishing and/or patching of holes will be completed by November 30,
2012.
■ Recordkeeping - The ORC will maintain a daily logbook to enhance record keeping.
As far as causes of noncompliance, the treatment plant is simply showing its age. The
ORC, Phillip Pittman, performs on -going maintenance to help extend the life of the plant. I
believe Phillip does a good job. All comments and fmdings will be addressed in a thorough and
timely manner.
I hope this response is adequate, and if you need further information or assistance, please
let me know.
.k
Sincerely,
Dennis Whitson 1. OCT 1 6 2012 1�`
r�cc: Phillip Pittman
w „
r WA I'EH C JFtiL{TY SAC I { .N,
•? e
ASHEVILLE REG':r, h,< br= tE#"

KbENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr. Dennis J. Whitson
3800 Sugarhill Road
Marion, North Carolina 28752
Dear Mr. Whitson:
Division of Water Quality
Coleen H. Sullins
Director
August 18, 2011
Subject: NOTICE OF VIOLATION
NOV-2011-LV-0382
Permit No. NCO079481
Harmony Estates WWTP
McDowell County
Dee Freeman
Secretary
A review of Harmony Estates WWTP's monitoring report for March 2011 showed the following
violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
Solids, Total Suspended -
Concentration
03/29/2011
45 mg/I
50 mg/I
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.
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 call Janet Cantwell at 828-296-4500.
Sincerely,
i
Roger C. E ards, Regional Supervisor
Surface Water Protection Section
cc. ID.W,Q 'sheviIIP le�s�
DWQ Central Files
Phillip Pittman/ ORC
S:1SWP\McDowell\WastewaterlMinorslHarmony Estates 79481 \NOV-201 1 -LV-0382.doc
1- 9na Carolina
Ntaura!!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]

4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Celeen,H. Sullins
Governor Director
May 24, 2011
RETURN RECEIPT REQUESTED CERTIFIED MAIL 7007 0710 0000 5376 7402
Mr. Dennis Whitson, Owner
Whitson realty
3800 Sugar Hill Road
Marion, NC 28752
Dear Mr. Whitson:
Dee Freeman
Secretary
a
10AY 2 7 2011 f
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
Subject:- NOTICE OF VIOLATION — NOV - 2011 - LR - 0027
Harmony Estates WWTP NCO079481
McDowell County
This is to inform you that the Division of Water Quality has not received your monthly monitoring report for March
2011 after the required reporting date. This is in violation of Part II, Condition D (2) of the NPDES permit, as well as 15A
NCAC 26 .506(a), which requires the submittal of Discharge Monitoring Reports no later than the thirtieth (30t') day
following the reporting period. Failure to submit reports as required will subject the violator to the assessment of a
civil penalty of up to $25,000 per violation. You will be considered noncompliant with the self -monitoring requirements
of your NPDES permit until the report has been submitted. A copy of your existing permit is attached for your reference.
Please submit the March DMR report within 15 days of receipt'of this notice if you have-not yet submitted
it. To prevent further action, please submit future monthly reports within the above -mentioned timeframe to
avoid further enforcement actions.
The Division must take these steps because timely submittal of discharge monitoring reports is essential to the
efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions
about this letter or Discharge Monitoring Reports, please contact me at 919-807-6387 or at bob.guerra(a),ncdenr.gov.
Sincerely,
A�&Zt�
Bob Guerra
Compliance & Enforcement, Expedited Permit Section
cc: ARO, Surface Water Protection Supervisor, Roger Edwards
Central Files
Enforcement file
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. SalisburySt-Raleigh, North Carolina27604
Phone: [phone] \ FAX: [phone] \ Customer Service: 1-877-623-6748
Internet: hffp:Hportal,ncdenr.org/web/wq/home
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Aaturallry
i\\

2LF 4
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr. Dennis J. Whitson
3800 Sugarhill Road
Marion, North Carolina 28752
Dear Mr. Whitson:
Division of Water Quality
Coleen H. Sullins
Director
November 10, 2010
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0403
Permit No. NCO079481
Harmony Estates WWTP
McDowell County
Dee Freeman
Secretary
A review of Harmony Estates WWTP's monitoring report for June 2010 showed the following
violation:
Parameter
Date
Limit
Reported
Limit Type
Value
Value
Solids, Total Suspended
06/30/2010
30 mg/I
31.42 mg/I
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: 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
828/296-4600.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc'Q'Asheville=
DWQ Central Files
Phillip Pittman/ ORC
S:1SWP1McDowelllWastewater\MinorslHarmony Estates 794811NOV-2010-LV-0403.doc
„One Carolina
tv�tllC llbl
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwateroualitv.ong FAX [phone]

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 23, 2010
Mr. Dennis J. Whitson
3800 Sugarhill Road
Marion, North Carolina 28752
Subject: NOTICE OF VIOLATION
NOV-2010-MV-0111
Permit No. NCO079481
Harmony Estates WWTP
McDowell County
Dear Mr. Whitson:
A review of Harmony Estates WWTP's monitoring report for April 2010 showed the following
violation:
Parameter
Date
Measuring
Frequency
Violation
Dissolved Oxygen
Week ending: 04/03/2010
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 to Raleigh at the address found on
the front page of your DMR.
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,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
' MAZE IFi es
DWQ Central Files
Water Tech Labs/ ORC
S:\SWP1McDoweil\Wastewater\Minors\Harmony Estates 79481\NOV-2010-MV-0111.doc
NoorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwateroualitv.org FAX [phone]

7S-o-w�IlZuA
A7iA.
North Carolina Department of Environment and
Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins �t :.:
r,.� ,, �;:, _
. --,- Dee =Freeman
Governor Director �
Secretary
September 1, 2010
{{
!Y "1)E. _0 ` _1��
C ",
DENNIS J WHITSON
�1 S EP - 2 2010
3800 SUGARHILL RD
I
I I
MARION NC 28752
S'
b11r'TER QUALITY ECIIGIV
SUBJECT: Payment Acknowledgment
nH ! I
Civil Penalty Assessment
Harmony Estates WWTP
Permit Number: NCO079481
Case Number: LV-2010-0211
McDowell County
Dear Mr. Whitson:
This letter is to acknowledge receipt of check number 9483 in the amount of $167.00 received from you dated
August 27, 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 Files
��VL�Q Asheuilrle'l�egi-on'a1�Orffic�S� � �rvisor
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One
Phone: [phone] \ FAX: [phone] \ Customer Service:1-877-623-6748 NorthCarolina
Internet: www.ncwaterqua!ity.org � �9��
An Equal Opportunity \ Affirmative Action Employer � �1

NPDES PERMIT # NCO079481
FACILITY: Harmony Estates
COUNTY: McDowell
FACILITY ADDRESS
FACILITY DIRECTIONS:
OWNER/ PHONE
& ADDRESS/
RESPONSIBLE
OFFICIAL
CLASS
Phone
Fax '®°��
Cell
Email
FACILITY - -'
- -er
REPRESENTATIVE
Phone r
Cell L �
�1 Fax
k'
Email
OPERATORad !) �`l
t
f E i GRADE
Phone
-
Cell ---- -
- - - - ---
Email
BACK-UP OPERATOR
GRADE
Phone
Cell
PERMIT ISSUED
EXPIRATION DATE_
RENEWAL DATE
STREAM: Name
7010
Basin & Sub -basin
OTHER PERMIT #
DATE ISSUED
Class

FACILITY
COUNTY (' � c CLASS
MAILING ADDRESS
RESPONSIBLE FACILITY OPERATOR
OFFICIAL REPRESENTATIVE
TELEPHONE NO. n v ni is a� �% a' Groh t rs6i � ,� 'r vw a{ ��e a 7 N '
WHERE LOCATED 5"6
CERT . NUMBER
CLASS
NPDES PERMIT NUMBER NC00,!,fq 91 OTHER PERMIT NO.
STATE FEDERAL DATE ISSUED
DATE ISSUED
EXPIRATION DATE
STREAM: NAME
CLASS
7Q10
SUB -BASIN

Old Highway 70 W, Black Mountain, u(' 28711 to Sky View Dr - Google Mal-- Page 1 of 1
Din ins to Sky View Dr
�I 29.5 mi — about 34 mins
Slave trees. Go green!:
Download Google Maps on your
phone at google.com/gram.
Old Highway 70 W, Black Mountain, NC 28711
1. Head east on Farm School Rd toward Nesbitt Circle go 0.2 mi
total 0.2 mi
p 2 Take the1strhonto NBlueR
259 ftg
99
3. Turn left at W State �
7® St/US-70
. ,
go 1.9 mi
About 4 mins
total 2.1 mi
Take thmonte o1-40E
og4
26.5 mi .f
About 24 mms� -a;
: �� total 27 6 mi.-o k
5. Take exit 90 toward Nebo
go 0.2 mi
1
total 27.8 mi
1141 6 Turn left at Harmony Grove RdINC 1747
°' go 12 mi
_ : About 3� mms' �.,
total,29.0 mi
176� 7. Turn left at Deer Park Rd/NC-1765
go 0.4 mi
About 1 min
total 29.4 mi
rmonY Dr :=
8 Turn left at Ha'
go 377 ft
to 29 5 mi 'J
9. Turn right at Sky View Dr
go 272 ft
total 29.5 mi
These directions are for planning purposes only. You may find that construction projects, traffic, weather, or other events may cause conditions to differ from
the map results, and you should plan your route accordingly. You must obey all signs or notices regarding your route.
Map data ©2009 , Tale Atlas
http://maps.google. comlmaps?f=d&source=s_d&saddr=2090+US+Hwy+70,+Swannanoa,+NC+2877 8 &da... 9/2/2009

Beverly Eaves Perdue
Governor
Mr. Dennis J. Whitson, Owner
Whitson Realty
3800 Sugar Hill Road
Marion, North Carolina 28752
Dear Mr. Whitson:
fiewn
Q=
NCDENR
North Carolina Department of Environment and Natural
Division of Water Quality
Coleen H. Sullins Dee Freeman
Secretary
fyy F
JUL - 8 2010
WATER QUALITY SECTION t` ASH L- f_E r _,IC) ON ICE i
NPI)F,BXcru t Issuance
Permit No. NC00 ,948I:-'--
Harmony Estates WWTP
McDowell County
Director
July 6, 2010
Subject:
Resources
Division personnel have reviewed and approved your application for renewal of the subject
permit. Accordingly, we are forwarding the attached NPDES discharge permit. 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 17, 2007 (or as subsequently amended.)
The permit authorizes Harmony Estates WWTP to discharge up to 40,000 GPD of treated
wastewater to an unnamed tributary to North Muddy Creek, a class C water in the Catawba River
Basin. The permit includes discharge requirements and/or limitations for flow, biochemical oxygen
demand (BOD), total suspended solids, ammonia, fecal coliform bacteria, total residual chlorine,
dissolved oxygen and pH.
The following procedure has been implemented by DWQ: Total residual chlorine (TRC)
compliance level changed to 50 ug/l. Effective March 1, 2008, the Division received EPA
approval to allow a 50 ug/1 TRC compliance level. This change is due to analytical difficulties
with TRC measurements. Facilities will still be required to report actual results on their
monthly discharge monitoring report (DMR) submittals, but for compliance purposes, all TRC
values below 50 ug/l will be treated as zero. A footnote regarding this change has been added to
the effluent limitations page in the permit.
• 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
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.ncwaterquality.org
An Equal Opportunity \ Affirmative Action Employer
One
NorthCarolina
Naturally

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 a demand is made, this permit shall be final and binding.
Please take notice that this permit is not transferable. The Division may require modification
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, Coastal Area Management Act, or any other Federal or Local
governmental permits may be required.
If you have any questions or need additional information, please contact Ms. Jacquelyn
Nowell' at telephone number [phone].
Si erely,
leen H. Sullins
Attachments
cc: � heville egionalOff ce /Surface Water- Protection Sec_tio`n
NPDES Permit File
Central Files

i
Permit NC0079481
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,
Dennis J. Whitson
is hereby authorized to discharge wastewater from a facility located at the
Harmony Estates WWTP
NCSR 1765
Marion
McDowell County
to receiving waters designated as an unnamed tributary to North Muddy Creek in
the Catawba 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 August 1, 2010.
This permit and authorization to discharge shall expire at midnight on December 31, 2014.
Signed this day July 6, 2010.
Co en H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission

f
Permit.NC0079481
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.
Dennis J. Whitson, is hereby authorized to:
1. Continue to operate an existing 0.020 MGD wastewater treatment facility with
the following components:
♦ Bar screen
♦ Equalization tank
♦ Dual grinder pumps
♦ Aeration tank
♦ Clarifier
♦ Sludge holding tank
♦ Chlorination and dechlorination equipment
♦ Flow meter (totalizer)
This facility is located east of Marion at the Harmony Estates WWTP on NCSR
1765 in McDowell County. -
., I I I I I ., ..
2. After receiving an Authorization to Construct from the Division, construct and
operate a 0.040 MGD wastewater treatment system.
3. Discharge from said treatment works at the location specified on the attached
map into an unnamed tributary to North Muddy Creek, classified C waters in the
Catawba River Basin.

F
. 1 ?oo ,;fir' • � .., ;, 1 . \ ---•\ :I
t'JAA
0.y 1 . 1
I - �� � o: � •� ' � //,�:-::.. .. , �� i - `fir •, `• � r�� '� � •1 `�..-; . . � • ,'; .
z� ,.
r / cam
ar 'rove 3947
Ay 'I :Cem \ `\ (`I ' - \ //
1403
,�/�x I?oo. �) �� �/ _ __ ,1 ;•o0 1 / ;�":� i.- 3946
. - _ , . ` ,I i �, �, \ �!� k� 'J ,j � � � ,\ � , it . 11, • ' `.\\ J_~__ f _ � �,.
i,,,. ,\ _ .. �l , '•H. ,\�\ Dixon, 1 ✓i 1 \ % w
C.
\_J �� \`✓�1 i :—' — �,i 1 Elm ;!� - l\� ti
L3tle—MtrY 1 / 7 v !;', ' i )i lyg0 !ice / C23945
Latitude: 35°40'28" p
Longitude: 81'53'39": N 0 0 0 7 9 4 81 TTFacility
Receiving StreamL
: ocation
UT North Muddy Creek Harmony Estates
-Quad #: ElINW WVV-rP
Stream Class: C
Subbasin: 30*830 #OR iH SCALE 1:2 4000

Permit NCO079481
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - [0.020 MGD]
During the period beginning on the effective date of this permit and lasting until expansion above 0.020 MGD,
the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by
the Permittee"as specified below:
PARAMETER
LIMITS
MONITORING REQUIREMENTS
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample Locations
Flow
0.020 MGD
Continuous
Recording
Influent or Effluent
BOD, 5-day (20°C)
30.0 mg/L
45.0 mg/L
Weekly
Composite
Effluent
Total Suspended Solids
30.0 mg/L
45.0 mg/L
Weekly
Composite'
Effluent
NH3 as N
(April 1 — October 31
2.0 mg/L
10.0 mg/L
Weekly
Composite
Effluent
NH3 as N
November 1— March 31
4.0 mg/L
20.0 mg/L
Weekly
Composite
Effluent
Fecal Coliform
eometric mean
200 / 100 ml
400 / 100 ml
Weekly
Grab
Effluent
Dissolved Oxygen
Weekly
Grab
Effluent,
Upstream & Downstream
Total Residual Chlorine3
28Ng/L
2/Week
Grab
Effluent
Temperature (°C)
Weekly
Grab
Effluent, -
Upstream & Downstream
pH
> 6.0 and < 9.0 standard units
Weekly
Grab
Effluent
Footnotes:
1. Upstream = at least 100 feet upstream from the outfall. Downstream = at least 300 feet downstream from
the outfalf: '
2. The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/L.
3. The Division shall consider all effluent total residual chlorine values reported below 50 µg/1 to be in
compliance with the permit. However, the Permittee shall continue to record and submit all values reported
by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/l.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

Permit NCO079481
A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - [0.040 MGD]
During the period beginning after expansion above 0.020 MGD and lasting until expiration, the Permittee is
authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as
specified below:
PARAMETER
LIMITS
MONITORING REQUIREMENTS
Monthly
Average
Weekly
Average
Measurement
Frequency
Sample
Type
Sample Locations
Flow
0.040 MGD
Continuous
Recording
Influent or Effluent
BOD, 5-day (20°C)
30.0 mg/L
45.0 mg/L
Weekly
Composite
Effluent
Total Suspended Solids
30.0 mg/L
45.0 mg/L
Weekly
Composite
Effluent
NH3 as N
1 — October 31)
2.0 mg/L
10.0 mg/L
Weekly
Composite
Effluent
-(April
NH3 as N
November 1 — March 31
4.0 mg/L
20.0 mg/L
Weekly
Composite
Effluent
Fecal Coliform
eometric mean
200 / 100 ml
400 / 100 ml
Weekly
Grab
Effluent
Dissolved Oxygen2
Weekly
Grab
Effluent,
Upstream & Downstream
Total Residual Chlorine3
28,ug/L
2Meek
Grab
Effluent
Temperature (°C)
Weekly
Grab
Effluent,
Upstream & Downstream
pH
> 6.0 and < 9.0 standard units
Weekly
Grab
Effluent
Footnotes:
1. Upstream = at least 100 feet upstream from the outfall. Downstream = at least 300 feet downstream from
the outfall.
2. The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/L.
3. The Division shall consider all effluent total residual chlorine values reported below 50 µg/1 to be in
compliance with the permit. However, the Permittee shall continue to record and submit all values reported
by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/1
There shall be no discharge of floating solids or visible foam in other than trace amounts.
I° ,

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.
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 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
Version 712009

NPDES Permit Standard Conditions
Page 2 of 18
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.
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).
DWO 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.
Version 712009

NPDES Permit Standard Conditions
Page 3 of 18
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 limitl
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 limitl
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.
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 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.
Version 7/2009

NPDES Permit Standard Conditions
Page 4 of 18
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 iri "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 knowing 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
Version 712009

NPDES, Permit Standard Conditions
Page 5 of 18
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. Signatory 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
Version 712009

NPDES Permit Standard Conditions
Page 6 of 18
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:
"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 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. 1 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 (%
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.
Version 712009

NPDES Permit Standard Conditions
Page 7of18
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.iCommission 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)] _
Version 712009

NPDES Permit Standard Conditions
Page 8of18
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)]
0) 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.
(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. U sets
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
Version 712009

NPDES Permit Standard Conditions
Page 9 of 18
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.
2The 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
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.httn) for information
regarding laboratory certifications.
Version 712009

NPDES Permit Standard Conditions
Page 10 of 18
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.
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 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 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;
Version 712009

NPDES Permit Standard Conditions
Page 11 of 18
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 122.41 (l) (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 122.410) (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. Tweniy-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 (l) (6)].
Version 712009

NPDES Permit Standard Conditions
Page 12 of 18
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.
Version 712009

NPDES, Permit Standard Conditions
Page 13 of 18
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 I
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";
(l) 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-dinitrophen6l; and one milligram per liter
0 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
Version 712009

NPDES Permit Standard Conditions
Page 14 of 18
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 (POTW
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 POTNVs 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)]:
Version 712009

NPDES Permit Standard Conditions
Page 15 of 18
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.
1. 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 211.0900 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 VVW f?, 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
Version 712009

NPDES Permit Standard Conditions
Page 16 of 18
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 2H.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 2H.0903 and 40 CFR 403.3.
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 JWS)
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 214.0906 (b) (2) and .0905]
4. Headworks Analysis A� 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

NPLr.S 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 2H.0909.
Industrial User Pretreatment Permits a= & 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 (AtQ
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 (ERPI
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 211.0906(b)(7) and .0905; 40 CFR 4038(f)(5)]
10. Pretreatment Annual Reports , =
The Pernuttee 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

NPDES Permit Standard Conditions
Page 18of18
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 Summary (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 SPA
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)31..0908(b�(5) and .0905 and 40
CFR 403.8W (21(vii)]
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

North Carolina
Beverly Eaves Perdue
Governor
4
j11LE COPY
NCDENR
Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins Dee Freeman
Director Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Dennis J. Whitson, Owner
3800 Sugarhill Road
Marion, North Carolina 28752
July 2, 2010
7007 1490 0004 0713 8014
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 NCO079481
Dennis J. Whitson
Harmony Estates WWTP
Case No. LV-2010-0211
McDowell County
Dear Mr. Whitson:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $167.00
($100.00 civil penalty + $67.00 enforcement costs) against Dennis J. Whitson.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Dennis J. Whitson for the month of February 2010. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NCO079481. The violations which occurred in
February 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Dennis J. Whitson violated the
terms, conditions or requirements of NPDES Permit NCO079481 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Dennis J. Whitson:
NoAhCarolina
Natyrally
SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778
Phone: [phone]\FAX: [phone]\Customer Service: 1-877-623-6748
Internet: www.ncwaterguality.org

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NCO079481, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD - Conc.
0 of the 1 violations of G.S. 143-215,1(a)(6) and NPDES Permit No.
$.00 NCO079481, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NCO079481, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD - Conc.
$100.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$167.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
DI 6
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)

occurred or the accuracy of any of the factual statements contained in the civil penalty .
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed "Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
V '
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 § 15013-23.2) 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 Hung 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 DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments
DWQ Central Files w/ attachments
Bob Guerra/ DWQ Enforcement Files w/ attachments
Water Tech Labs/ ORC w/ attachments
S:t.SI\ I"tiicl)oweIkWas LeW;1W in01S\I lamionY L ,Yutrs 70el9 I l,V-_1010-021 1.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2010-0211 County: McDowell
Assessed Party: Dennis J. Whitson / Harmony Estates
Permit No: NC0079481 Amount Assessed: $167.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts "
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 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 MCDOWELL
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
DENNIS J. WHITSON / HARMONY ESTATES
PERMIT NO. NCO079481
DEPARTIvirNT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2010-0211
Having been assessed civil penalties totaling $167.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 2, 2010, the undersigned, desiring to
seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the
above -stated matter and does stipulate that the facts are as alleged in the assessment document. The
undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE
20

ATTACHMENT A
Dennis J Whitson
CASE NUMBER: LV-2010-0211
PERMIT: NCO079481 FACILITY: Harmony Estates WWTP COUNTY: McDowell REGION: Asheville
Limit Violations
MONITORING
OUTFALU
VIOLATION
UNIT OF
CALCULATED
% OVER
PENALTY
REPORT
PPI
LOCATION
PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT
VALUE
LIMIT
VIOLATION TYPE
$100.00
2-2010
001
Effluent
BOD - Conc
02/09/10
Weekly
mg1i
45
58.4
29.78
Daily Maximum Exceeded
$.00
2-2010
001
Effluent
BOD - Conc
02/28/10
Weekly
mg/l
30
32.88
9.58
Monthly Average Exceeded
$.00
2-2010
001
Effluent
TSS - Conc
02/28/10
Weekly
mg/I
30
30.4
1.33
Monthly Average Exceeded

DIVISION OF WATL. QUALITY - CIVIL PENALTY ASSESo yxENT (FILE)
Violator: Dennis J. Whitson / Harmony Estates / NCO079481
(February 2010 DMR)
County: McDowell
Case Number: LV-2010-0211
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.
2) The duration and gravity of the violation;
One Daily Max BOD exceeded the permit limit by 29.78 %.
One Monthly Average BOD exceeded the permit limit by 9.58 %.
One Monthly Average TSS exceeded the permit limit by 1.33 %.
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.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount is unknown.
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
violation.
8) The cost to the State of the enforcement procedures.
$67.00.
Date R ge C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
07/02/2010

NPDES PERMIT DISCHARGE NO. 001 MONTH FEBUARY
YEAR 2010
FACILITY NAIIAW '--FJAR- 16N :MT-,s CLASS 11 COUNTY McDOWELL
OPERAJ 8281765/8006
,99,,JW�RSP NbI RC) PHILLIP PITTMAN GRADE 11 PHONE
ER TECH r2l
V!'PERSONS
) COLLECTI" SAMPLES PHILLIP PITTMAN
A xi Ac GED
.5
ONECOPYto:
FILES A (SIGNATURE OF OPERATOR IN RESPOOBLE CHARGE) DATE
IQ RQU L C ,,Milff THIS SIGNATURE 1 CERTIFY THAT THIS REPORT IS
�
I 4ai l nter 0 ljjjjl .,,-4ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
H C 27699 61
000je,0-0400 00310 006110 00530 31616 oom
"LOW z q
lu U,
0
0:
0
EL 0 :1 0
Lu r x z 0 0
0
CL L)
io Lu :01
i � 4 0
Lu 0 _>j
Lu
CL IL U. s
0 0 1 1 UcdLj
HRS HRs yjBjN C UNITS UGIL MG/L MG/L MG/L 1N100 ML MG/L
.......... ...
7 0900l 2 1 Y 1 0.60-70 1 6 1 6.7 1 12 35.9 120 24 230 10.5 ......
Uum"m
MEMEME
II-mmm
1 1 Y
Kom==
28
0.0050
AVERAGE
0.0061
6
18
k,�O
<0.7 1
V30.0j
<43
1 11.3
m..........
N."
MINIMUM
0,0050
5
6.7
12
9.7
<0.5
14.5
<1
10.5
iMonthly Limit
0.020
A n/A
<28
30
4.0
pv-1 1 ///49
NOTE: ALL CIC NOT MET A V,
DEM Form MR-1 (1 2J93)

7acilin S'tatns: (°iease check one of the following) _
All monitoring cLata anq'-sa-RDLm? tt:o_uencies meel pel=i,, requirements
ED.
Compliant
moniLo n� data am' samning frequencies do I"TOT meet per=, L requi emeIIrs ► J��
Nonconziiant
iS 1jU11';UIrIUliiLDL, p1e;=5e COIIlIIleIll OII^.UITCCU 1't aC11UDs being Lal_er iD reyDeCl to ,A.U_lllplllenL, o_l)ei atLo)1. IDalIlLeIIaDC_`., etC.,
a►ld a Lime -fable for Improverllents LU be made.
"I certify, underpenalty of law, that this document and all attachments were prepared undermy direction or supendsion in accordance
With a system designed to assure that qualified personnel properly gather and evaluate the information submitted. B ased on my inouirY
of the person or persons who manage the system; or those persons directly responsible for gathering the iuformation,•the information.
submitted is, to the best of my lntowlectge and belief, tl-ue, accurate: and complete. lam aware that there are signincan',penalties for
submitting false information, including tbepossibility of Fines and imprisonment for lmoovine violations."
3e pliry or typq :
SianaEff�- of P
(Req-ui md)
Date
- � �dc� ��t�r /�:/1 /Q� rri,�r,'o� �� �r?�s-z �zk-.�3a�•- 3.s'yc�/�—°�
Pemittee Address Phone Number Permit ExD. Date
00010
Temperature
00076
Turbidity
00080
Color (Pt -Co)
00092
Color (ADIyII)
00095
Conductivity
00300
Dissolved Oxygm
00310
B OD;
00340
COD
00400
pH
00530
Total Suspended
Residue
00545
Settleablelvlatter
PARAMETER CODES
00556
Oil & Grease
00951
ToLai Fluoride
00600
Total Nitrogen
01002
Total Arsenic
00610
Ammonia lvitrooen
00625
-Total kjeldbal
01027
Cadmium
Nil oven
00630
l\TiLrates/J\TitriLm
01032
Hexavalent Chromium
01034
Chromium
00665 Total Pbospborous
00720
Cyanide
01037
Total Cobalt
007A5
Total Sulfide
01042
Copper
00927
Totallviagnesium
01045
Iron
(Y0929
Total Sodium
01051
Lead
00940
Total Cbloride
01062
Molvbd--num
01067 Nickel
01077 Silver
01092 Zin
01105 7iluiainum
01147 Total Selenium
31616 Fecal Coliform
32730 Total Pbenolics
34235 Benzene
3448) Toluene
39260 1v13AS
39516 PCB s
50050 Rvw
50060 Total
Residual
Chlorine
71880 Formaldebl_'de
71900 Meacury
8155) xylene
Parameter Code assistance may obLai ted by callim the Point Source Complianct:'EDforcement lint at [phone] or by visiting
:be Water Qualin: Section's web siLe at h2e.enr.state.Dc.usiw0s and linl-ing to the Unit's information pa s.
Use. only units designated in the reportini! facility's permit for reportin0 data.
�.
ORCmust visit facility and document visitation a; facility as reouired per 15ANr9.0 8G .0204.
if signed by other tban the permitme, deleQaLion of signatory. authonry Trust be oL file -'ith tat slate pee, 1fe NC- C ''B .1,'506 (b)
-2) (D).

Permit Enforcement
History by Owner
,
07/01/10
1
Owner: Dennis J Whitson
Facility: Harmony Estates WWTP
Permit: NCO079481
Region: Asheville
County: McDowell
Penalty
Remission
Enf EMC EMC
OAH Collection Has
Assessment Penalty
Enforcement
Request Enf Conf
Remission Hearing Remission
Remission Memo Sent Pmt Case
Case Number MR
Approved Amount
Costs Damages
Received Held
Amount Held Amount
Amount to AGO Total Paid Balance Due Plan Closed
LV-1999-0432
10/22/99
$1,000
$43.20
$1,043.20 $.00 No 11/24/99
LV-2000-0028
01/28/00
$250
$43.20
$293.20 $.00 No 08/17/00
LV-2001-0229
06/25/01
$1,000
$81.38
07/23/01 08/29/01
$.00
$1,081.38 $.00 No 10/15/01
LV-2006-0215 4-2006
07/05/06
$250
$100.00
$350.00 $.00 No 09/05/06
LV-2006-0237 5-2006
07/18/06
$250
$100.00
11/15/07 $350.00 No
LV-2006-0400 6-2006
10/17/06
$250
$208.57
$458.57 $.00 No 11/29/06
LR-2006-0035 B-2006
10/23/06
$500
$100.00
$600.00 $.00 No 11/30/06
LR-2007-0014 2-2007
05/01/07
$1,000
$100.00
08/08/07
$.00 09/11/08 $.00
$1,100.00 $.00 No 12/09/08
LV-2009-0116 11-2008
04/08/09
$600
$65.00
$665.00 $.00 No 05/26/09
LM-2009-0018 12-2008
04/14/09
$300
$65.00
$365.00 $.00 No 05/26/09
LV-2010-0211 2-2010
$100
$67.00
$167.00 No
Total Cases: 11
$973.35
$5,956.35 $517.00
Total Penalties:
$6,473.35
Total Penalties after remission(s): $6,473.35

November 17, 2009
Mr. Roger Edwards, Regional
NCDWQ — Surface Water Pro
2090 US Highway 70
Swannanoa, NC 28778
Dear Mr. Edwards:
DEC i 5 2009
W R QUALITY
gMEVILLE�c`'IO^iP,�� t {CE
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0147
Permit No. NCO079481
Harmony Estates WWTP
McDowell County
A revised DMR has been submitted for July 2009 — copy enclosed.
The required number of Total Residual Chlorine analyses were performed for the
month of July 2009, however, due to a typographical error, or computer glitch, the data
was not properly entered onto the DMR.
We apologize for the error, and will make every effort to avoid reoccurrence.
Sincerely,
'-/� e��v
71r�
Tony Gragg
Enclosure
cc: Dennis Whitson
Harmony Estates

EFFLUENT
NPDES PERMIT NO. NCO079481
DISCHARGE NO. 001
MONTH
JULY YEAR 2009
McDOWELL
FACILITY NAME HARMONY ESTATES
CLASS
GRADE
11 COUNTY
11 PHONE [phone]
OPERATOR IN RESPONSIBLE CHARGE (ORC)
PHILLIP PITTMAN
CERTIFIED LABORATORIES 1 WATER TECH 2
CHECK BOX IF ORC"HAS CHANGED
PERSON(S) COLLECTING SAMPLES PHILLIP PITTMAN
Mall ORIGINAL and ONE COPY to:
x
(SIGNATURE OF OPERATO RESPONSIBLE CHARGE)
DATE
ATTN: CENTRAL FILES
BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS
DMSION OF WATER QUALITY
1617 Mail Service Center
ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE
RALEIGH, NC 27649-1617
p ( �•,,
00Op-3�00
r
010 0000
00310
16
�t
Z FLOW
EFFo
xQ
W
W
LL'o
a
f
IN
]U
0R0
Q
Lu
N
y
H
- Z JOp
QLL1J6
r
... ...
,._ r i •.
le ¢dW
F-
F
of
atu
.. �..�. .isfil.w=>.asx4 ,.t
-� -
0 o p
IUG/LI
S
HRS
Y!B
C
UNITS
.:: •i:?i:i
R.
UG1L
w:w.......:.�::.�:
MGIL
.....
:v :::::
MG1L
i:::::: •i.: r..:...Fl
"MGIL
.......:::.::::�.:.:..:.....::.;:-i:.ii;
.:
'ftl1DOML
v:ri::??{:.;iii:?•;:.ii.
MGIL
-i>;ii
.;�::::::•.- �>:-:':.:?•>i:lc:;:::r.;::p�:�`;i'::�4:::�:::....
-
:•it:•i:;•>:•::•.
.+����(/�
....
... .....•....
...
.... ....
............:::
7
0900
.2
Y
0.0080
................::::::...................:.:::::::.......,:,,:::.:.
......::::.:::..:....
sm
go
mm
sm
um
�
�IN
IN
:>r1
1 I:IoIMEMOs
11
�®
1 • • /
®�®®®®--
am
•... 8. y
4 8 3': 8
8
In
1 •:1 a 3
Em
ININ1
IN
a >:asa
Im
&
��
.b
t
8 8 9
• 1••' 8
1
10
Imam
m
MEN
NMI
m
©
1 • . •
_
INS
4 41::8
an
- a•8
1 ;t6 e 1
Em
NOTE: ' ALL QC NOT MET
DEM Form MR-1(12/93)

Facility Status: (Please cbecl_ one.of the followinE)
h11 monito-7nR ,data an4-,sailpiii12 frto-uencits meetpemi.trequiremenLs
Comaliant
p n monito fig data and sa?ilplin o frequencies do NOT meet permit requ emeilts
Noncompliant
u,l ,u ii,iy is LU11c-U Tluiiallt, oiease ComIItenl oIl corrective actions being taken in respect to eatupment opera_tiot; maintenance. etc.,_ .
vid a time -table for improvements w be made.
"I certi 7, 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 father and evaluate. -the information -submitted. Eased on my inquiry
,of the person or persons who manage the system'. or those persons directly responsible for gathering the informa[ion,=the information
submitted is, to the best of my loiowledge_ and belief; [rite; accurate, and 'complete.`I am aware that there are signirlcant penalties for
submittinI false information_ , including the possibility of fines and imprisonmentfot lmowine violations."
Peffiitt. lease print tir t _ )
Sign tore of Pe ttee� Date -
(P.equired)
zl,7,�
Petmittee Address
Pbone:Number
Permit Exp. Date
PARAMETER CODES
00010
Temperature
00556 Oil 8 Grease
00951 Total Fluoride
01067 Nickel
50060 Total
00076
Turbidity
00600 Total Nitrogen
01002 Total Arsenic
01077 Silver
Residual .. ; .
00080
Color (Pt -Co)-
00610 Ammonia Nitrogen
V
-
01092. 'Tin-
Chlorine
00082
Color'(ADMI)
00625 Total Kjeldhal
0102)7 Cadmium
02105 Ajuminum ,
NiLioQen
00095 Conducii-%2iy 00630 Nitrates/NTitrites 01032 HetaValent Chromium 01147 Total .Selenium 71880 Formaldehyde
00300
'Dissolved 07ygen
01034
Chromium
31616 ,Fecal Coliform 71900 Mercury
D0310
BOD5
00665
Total Phospborous
32730 Total Pbenolics- 81551 kylene
00340
COD
00720
Cyanide
01037
Total Cobalt
34235 Benzane .
00400
pH
00745
Total Stilfide
01012
Copper
34481 Toluene`
00530
Total Suspended
00927
Total Magnesium
010-15
Iron
382601 MBAS
Residue
00929
Total Sodium
01051
Lead
39516 'PCBs
00545 .
Settleable Matter
00940
Total Chloride
01061
`Ivtolvbderium
50050 Flow`
Parameter Code usistance.
may obtained by calling the Point
Source Complianct!Enforceraent I1iidt ai (919) 73=-50E3.or by visiting
the Water Quahn. Section's
web site
at h2o.enr.state..nc.us/wos and lini.ina to the Unit's
information pages.
Use only units designated in the reporting faciiiq's permit for reporting data.
' ORC must visit facility and document visitation of facliq' as reouired per 15 L NCAC 80 .0204.
`£ It signed by other than the petmittee, delegadon of signatory authority must be oL file vritb tbt state per If e NCAC 2B .0506 (b)
.2) (D).

MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
December 11, 2009
Mr. Dennis J. Whitson
3800 Sugarhill Road
Marion, North Carolina 28752
Subject:, NOTICE OF VIOLATION
NOV-2009-Bill-0160
Permit No. NCO079481
Harmony Estates WWTP
McDowell County
Dear Mr. Whitson:
Dee Freeman
Secretary
A review of Harmony Estates WWTP's monitoring report for August 2009 showed the following violation:
Parameter
Date
Measuring
Frequency
Violation
Total Residual Chlorine
Week of 7/26/2009-8/01/2009
Twice 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 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 (ten) working days of receipt of this letter. You should address the causes of non-compliance and ail 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
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
ater�TechLEab. � .Operations/-OF�G :�,
imttloixi' .� r�. i i
NorthCarolina
Natura!!rf
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]

i
MCDENR
North Carolina Department of Environment and natural Resources
Division of Water Quality
Beverly Eaves Perdue. Coleen H. Sullins
Governor Director
November 5, 2009
Mr. Dennis J. Whitson
3800 Sugarhill Road
Marion, North Carolina 28752
Subject: NOTICE OF VIOLATION
N OV-2009-MV-0 , 47
Permit No. NCO079481
Harmony Estates WWTP
McDowell County
Dear Mr. Whitson:
Dee Freeman
Secretary
A review of Harmony Estates WWTP's monitoring report for July 2009 showed the following violations:
Parameter
Date
Measuring
Frequency
Violation
Total Residual Chlorine
Week of 7/11/2009
Twice Weekly
Failure to Monitor
Total Residual Chlorine
Week of 7/18/2009
Twice Weekly
Failure to Monitor
Total Residual Chlorine
Week of 7/25/2009
Twice 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 reason for the non-compliance.
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.
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.
Sincer fy,
Roger C. Edwards, Regional Supervisor'
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
fWaterS�T�ch sL�bs/ FJ�RG � , �,f,2a;;
G:1W?DAT.AIDEi,'IijJClI,lcdc)weiP,79 8. Harmonv_Estates
One
NoithCarolina
,N61t111,a11 f
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 2.8778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone]

A14
r{.. .
IV F
gg
G t; .1 J
- CDENR
' �Bl!'.iRx3�au�tM�e'u
North Carolina Department of Environment and Natural Resources` "���' --�
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
December 11, 2009
Mr. Dennis J. Whitson
3800 Sugarhill Road
Marion, North Carolina 28752
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0160
Permit No. NCO079481
Harmony Estates WWTP
McDowell County
Dear Mr. Whitson:
Dee Freeman
Secretary
A review of Harmony Estates WWTP's monitoring report for August 2009 showed the following violation:
Parameter
Date
Measuring
Frequency
Violation
Total Residual Chlorine
Week of 7/26/2009-8/01/2009
Twice 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 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 (ten) 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.
—Kg7 %&6.rie, ilTe FBI r
DWQ Central Files
Water Tech Lab & Operations/ ORC
G:',��'�J4't}; Tn:lDFii�1.Ll?�1Nlccli}?nrc=Ni7;?4� 1 }-I:?rrno��y Est4t_s
Sincerely,
71
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
NoLCarolina
NlltlfIVIll, J
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]

i
November 17, 2009
Mr. Roger Edwards, Regional Supervisor
NCDWQ — Surface Water Protection Section
2090 US Highway 70
Swannanoa, NC 28778
r
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0147
Permit No. NC0079481
Harmony Estates WWTP
McDowell County
Dear Mr. Edwards:
A revised DMR has been submitted for July 2009 — copy enclosed.
The required number of Total Residual Chlorine analyses were performed for the
month of July 2009, however, due to a typographical error, or computer glitch, the data
was not properly entered onto the DMR.
We apologize for the error, and will make every effort to avoid reoccurrence.
Sincerely,
Tony Gragg
Enclosure
cc: Dennis Whitson
Harmony Estates

EFFLUENT
DISCHARGE NO. 001 MONTH JULY YEAR 2009
NPDES PERMIT NO. NCO079481
FACILITY NAME HARMONY ESTATES CLASS 11 COUNTY., -MaDCNELL
TMAN GRADE ,ii -,.i-PHONE�> \:\'1\\\1\828/765/8006
OPERATOR IN RESPONSIBLE CHARGE (ORC) PHILLIP PIT
[
CERTIFIED LABORATORIES 1 WATER TECH 21
CHECK BOX IF ORC HAS CHANGED PERSON(S) COLLECTING SAMPLES PHILLIP PITTMAN
Mail ORIGINAL and ONE COPY to: x RESPONSIBLE I BILE CHARGE), A\ DAT E-
ATTN: CENTRAL FILES (SIGNATURE OF OPERATO
REPORT BY THIS SIGNATURE, I CERTIFY THAT THIS REPO,
DMSION OF WATER QUALITY ACCURATE AND COMPLETE TO THE BEST OF Ikk� KNOWLkDGF-'-,,
1617 man service center
•0
RALEIGH, NC 27699-1617 V
50050
00010
0""'o
00400
50060
FLOW
m
"u
w
0
U5
w
w
'u
40
lu m
m r-
0
J..C&AR%
z
ow
�O r"
w
Lu
m
0
INIF
0
cc
0
EFF
WM..Gl
Lu
9
-,uGfL:
--T
C
Ts
UNITS
UGIL
Mkm
7
7 —1 ­
8
7
7 —1 ­
8
i
Y
0.0080
8.2
6
-2R
301700
3
Y
0.0060
NVERAGE
0.0063
278
MINIMUM
0,0040
25
7.5
5
m"thlu I limit
0.020
z
0
Z: Z
LLg
Zia
0
Q
'00
o-
a
Jw
z
0
4
00
:5
MGn.
81100 ML
m
10 :
2
��
<5.6
1
8 1
14�
<44
d
M4.
/.
;�.
<2.0
5.0
<1
X.-
30
•
r
N
C
Lu
9
NOTE: * ALL QC NOT MET
DEM Form MR-1(12/93)

Faciiiry Status: (please cbecl: one of the following)
<L' monito--ing data an4,sam-D ing frequencies meetp--,— reouirements
Compliant
c tt mon;=-�nv da:a an' '=Dhn2 fr--buencits a0 !NOT meet permit requremenrs
17
NoncomDiiant
uj� Iac:i iL) i� ri Vli�U1T1UIlall 1, please COIDltlenl OIl �OITeC11'C aCt1UIIs being Laker, I➢ ICspecl LC equipment Ober. ati0n; maiIlCeII a➢Ct, etC.,
and a time -table for improvements to be made.
I cerffry, underpenalty of law, that this document and all attachments were prepare
with a system designed to assure that qualified personnel properly gather and eva.lua
of the person or persons who manage the system; or those persons directly responsib
submitted is: to the best of my laiowledge and belief, true; accurate, and complete: ;I
subnlittinI false inf=aLion, including the possibility of fines and imprisonment for
36'Bd sv f,4e
Pemnttee Address
00010
Temerature
00076
Turbidity
00080
Color (Pt -Co)
00082
Color (ADMI)
00095
Conductivity
00300
Dissolved Oa:y-en
00310
B OD5
00340
COD
00400
pH
00530
Total Suspended
Residue
00545
Settleable Matter
/',7-///( U ,
under m9pt1-acti01) or supen- sion itl: accordance
lthe information- submitied: _.Eased on my inauirp
for gatheringCtbe-Infaimation,-the. information
m aware that'ltbere are sipi$cantpenalties for
nnwino vinl�rinns "
Pmmitt ,c lease print t _ )
Sign are of Pe •tter-- Date
(Required)
�•� � .c A( Z f 4� Z
Pb on e ?dumber
PAR-4iviETER CODES
00556
Oil & Grease
00951
Total Fluoride
00600
Total Nitrt)gen
01002
Total Arsenic
00610
Ammonia Nitrogen
V
00625
•Total Kjeldhal
01027
Cadmium
Nitrogen
00630
Nitrau s/Nitrites
01032
He%avalenL Chromium
01034
Chromium
00665 Total Phosphorous
00720
Cyanide
01037
Total Cobalt
0074.5
Total Sulfide
01042
Copper
00927
Total Magnesium
01045
Iron
00929
Total Sodium
01051
Lead
00940
Total Chloride
01062
Molybdenum
01067 Nickel
01077 Silver
01092 Zinc
01105 Aluminum ,
01147
Total Selenium
31616
Fecal Coliform
32730
Total Phenolics
34235
Benzene
34481
Toluene
38260
lvfB AS
39516
PCBs
50050
Flow
Permit E)-a. Date
50060 Total
Residual .
Chlorin e
71880 Formaldehyde
71900 Meacury
81553 kylen e
Parameter Code assistance may obtzined by calling the Point Source Compliance/Enforce ne➢t Unit at (919) 73=-5083 or by visitinc
toe'Water Qualiry Section's web site at h2o.enr.state..nc.usiwos and lin)-'-ng to the linit's information pages. y
Use only units designated in the reporting faciiity�s permit for reporting data.
' ORC must visit facility and document visitation of facilip' as required per 15 A NC4C 80 .0204.
If signed by otber than the pernlittee, delegation of sienatory authorir,='musi be or file with the state t.er 15A NC? C ''B .0506 (b)
.2) (D).

CDR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 5, 2009
Mr. Dennis J. Whitson
3800 Sugarhill Road
Marion, North Carolina 28752
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0147
Permit No. NCO079481
Harmony Estates WWTP
McDowell County
Dear Mr. Whitson:
A review of Harmony Estates WWTP's monitoring report for July 2009 showed the following violations:
Parameter
Date
Measuring
Frequency
Violation
Total Residual Chlorine
Week of 7/11/2009
Twice Weekly _
Failure to Monitor
Total Residual Chlorine
Week of 7/18/2009
Twice Weekly
Failure to Monitor
Total Residual Chlorine
Week of 7/25/2009
Twice 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 reason for the non-compliance.
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.
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.
Sincer ly,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
DWQ Central Files
Water Tech Labs/ ORC
G:V,AIPLA T rh\DENIIV C ii,,4cdoweli\79zk8-1 Hamnonv Estates
Noi [hCarolina
Ixrrtcrl-rllff
North Carolina Division of Water Quality 2090 U.S. Highway 70
Internet: www.ncwaterguality.org
Swannanoa, N.C. 28778 Phone[phone] Customer Service
FAX [phone]

SOC PRIORITY PROJECT: Yes No X
IF YES, SOC NUMBER
TO: NPDES UNIT
WATER QUALITY SECTION
ATTENTION: Jackie Nowell/ NPDES Raleigh
DATE: 10/13/2009
NPDES STAFF REPORT AND RECOMMENDATION
McDowell COUNTY
PERMIT NUMBER NC0079481
PART I - GENERAL INFORMATION Harmony Estates WWTP
1. Facility and Address: Harmony Estates WWTP
Deer Park Road, Lots # 90 & 91, Nebo, NC 28761
Mailing Address: Mr. Dennis J. Whitson/ Whitson Realty (phone [phone])
3800 Sugar Hill Road, Marion, NC 28752
2. Date of Investigation: 10/12/2009
3. Report Prepared By: Janet Cantwell/ DWQ-ARO
4. Persons Contacted and Telephone Number: Dennis Whitson/ owner, Office # 828-738-3540
5. Directions to Site: 1-40E from ARO: take Exit 90 toward Nebo & go @ 0.2 miles; turn left at
Harmony Grove Road/ SR 1747 & go @ 1.2 miles. Turn left at Deer Park Road/
SR1765 & go @ 0.4 miles. Turn left at Harmony Drive & right at Sky View Drive.
6. Discharge Point(s), List for all discharge points:
Latitude: 35 degrees 40' 28" Longitude: 81 degrees 53' 39"
Attach a USGS map extract and indicate treatment facility site and discharge point on map.
U.S.G.S. Quad No. E11NW U.S.G.S. Quad Name Marion East
7. Site size and expansion area consistent with application? This is an existing plant.
Yes No If No, explain:
8. Topography (relationship to flood plain included): Facility is on a gentle slope.
9. Location of nearest dwelling: @ 250'
10. Receiving stream or affected surface waters: UT North Muddy Creek
a. Classification: C
b. River Basin and Subbasin No.: Catawba River Basin, Subbasin # 30830
-1-

Describe receiving stream features and pertinent downstream uses: This is a 2'-3' wide spring -
fed stream which runs through a wooded area.
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
a. Volume of wastewater to be permitted :
No discharge /possible stormwater Currently 0.020 MGD (Ultimate Design Capacity)
b. What is the current permitted capacity of the Wastewater Treatment facility? Currently 0.020 MGD.
( A.(2) of the current permit has 0.040 MGD flow after expansion).
Mr. Whitson stated that there are several vacant lots but that if they decide to construct
more homes, they will use two lots per home and install septic systems instead of connecting
to the existing WWTP.
C. Actual treatment capacity of the current facility (current design capacity) 0.020 MGD
d. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the
previous two years: N/A
e. Please provide a description of existing or substantially constructed wastewater treatment facilities:
Existing facility has: EQ basin, dual grinder pumps, aeration basin, clarifier, chlorine contact
basin, in -line dechlorination & flowmeter.
f. Please provide a description of proposed wastewater treatment facilities: This is an existing plant.
g. Possible toxic impacts to surface waters: Chlorine, Ammonia, TSS, BOD, Fecal, plus cleaning
agents from a 28-home subdivision.
Pretreatment Program (POTWs only): N/A
in development approved
should be required not needed
2. Residuals handling and utilization/disposal scheme: Sludge is removed by Asbury Septic Service of
Morganton, NC, License # 4437104, & discharged into City of Marion Sewage Collection System.
a. If residuals are being land applied, please specify DWQ Permit Number
Residuals Contractor
Telephone Number
b. Residuals stabilization: PSRP _ PFRP _ OTHER _
C. Landfill:
d. Other disposal/utilization scheme (Specify):
Treatment plant classification (attach completed rating sheet): WW III
4. SIC Codes(s):
Primary Secondary
Main Treatment Unit Code:
-2-

PART III - OTHER PERTINENT INFORMATION
1. Is this facility being constructed with Construction Grant Funds or are any public monies involved. (municipals
only)? N/A
2. Special monitoring or limitations (including toxicity) requests: None
3. Important SOC, JOC, or Compliance Schedule dates: (Please indicate) N/A
Date
Submission of Plans and Specifications
Begin Construction
Complete Construction
4. Alternative Analysis Evaluation: Has the facility evaluated all of the non -discharge options available. Please
provide regional perspective for each option evaluated.
The nearest available sewer system is several miles away.
Spray Irrigation. -
Connection to Regional Sewer System:
Subsurface:
Other disposal options:
5. Other Special Items:
PART IV - EVALUATION AND RECOMMENDATIONS
It is recommended the permit be renewed as requested.
(The permit should contain standard language requiring the investigation of the feasibility of
connecting to a POTW when this becomes available.)
Janet Cantwell/ ARO
Signature of Report Preparer
Water Quality Regional Supervisor
10/13/09
Date
-3-

l
Beverly Eaves PerduE
Governor
NCDENIt
North Carolina Department of Environment and Natural Resources
Mr. Dennis J. Whitson, Owner
Harmony Estates
3800 Sugarhill Road
Marion, North Carolina 28752
Dear Mr. Whitson:
Division of Water Quality
Coleen H. Sullins
Director
July17, 2009
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0315
Permit No. NCO079481
Harmony Estates WWTP
McDowell County
Dee Freeman
Secretary
A review of Harmony Estates WWTP's monitoring report for April 2009 showed the following
violation:
Parameter
Date
Limit Value
Reported Value ;
Limit Type
Solids, Total Suspended -
Concentration
04/07/09
45 mg/I
60 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: 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
8281296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
D Cen '4lF 1. M
Water Tech Labs & Operations/ ORC
G:\WPDATA\DEMWQ\Mcdowell\79481 Harmony Estates\79481 NOV-2009-LV-0315.doc NorthCarolina
�atrrra!!y
a` North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterouality.oro FAX [phone]

Beverly Eaves Perdue Coleen H. Sullins
Governor Director
July 8, 2009
DENNIS J WHITSON
OWNER
WHITSON REALTY
3800 SUGAR HILL ROAD
MARION NC 28752
Resources
Dee Freeman
Secretary
J U L 1 0 2009
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE J
Subject: Receipt of permit renewal application
NPDES Permit NCO079481
Harmony Estates WWTP
McDowell County
Dear Mr. Whitson:
The NPDES Unit received your permit renewal application on July 6, 2009. 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 Tom Belnick
at [phone].
Sincerely,
Dina Sprinkle
Point Source Branch
cc: CENTRAL FILES
orkVh"ev`"lFRegional Office/Surface Water Protection
NPDES Unit
1617 Mail Service Center,, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Qpe
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 NorthCarolina
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer i jj�

] )ES APPLICATION - FORM D
For privately 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 NCOO 79 4-8 /
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 T)e-AjAl/S <_7 % .&0.,j 1
Facility Name Aq-c A, 0IV Y CS
Mailing Address 8� Scc ac4r--
City 1�j
State / Zip Code &OAd d C440�1_ /A 2 r 7
Telephone Number (���) 3 _ 3 J V-0
Fax Number (�'2�) 7 3 - `F Z7(o
e-mail Address j�e��✓�s w C) UJ6' 1 TS6-J 4 G- 4 6 % t , C' O /a?
2. Location of facility producing discharge:
Check here if same address as above ❑
Street Address or State Road 7E QC) S
City �c d
'State / Zip Code VO4;f(4 Ch-4 L1t,,4 76 1
County G Dd "i C_ 6,(_
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 (U/ff(TSa,41,% ieell-27�21' C -
Mailing Address 3 8 60 4—if2..
City (41 & /
State / Zip Code N0 0f 4 nu d J 2--
Telephone Number (g--Lk) -] 3 sr 3- Y- 0 M ,_ '1Flfl3m ITZ 5
Fax Number (&i W) -7 3 &-- _ "t- 2 7
1 of 3
r j V, - U CJO J
DENR - V-ATHER QUALITY
POINT S09U SCE BRANCH
Form-D 05108

,u
l )ES APPLICATION - FORM D
For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD
4. Description of wastewater:
Facility Generating Wastewater (check all that apply):
Industrial ❑ Number of Employees
Commercial ❑ Number of Employees
Residential Number of Homes Z g
School ❑ Number of Students/ Staff
Other ❑ Explain:
Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers,
restaurants, etc.):
Population served: / 6
5. Type of collection system
Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer)
6. Outfall Information:
Number of separate discharge points f
Outfail Identification number(s) D O
Is the outfall equipped with a diffuser? ❑ Yes XNo
7. Name of receiving stream(s) (Provide a map shhuoing the exact location 'of each outfall):
S. Frequency of Discharge: 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.
O
c t-F747-A 6= A- iVi4i4 /Yl auvaLr Fea Z
i c e if I N RAP`! a e! (Z�j Z",�,/ C 7-486. c Fee z> S w C ic/-te )
2 of 3 Form-D 05/08

For' privately owned treat
)ES APPLICATION - FORM D
A systems treating 100% domestic Astewaters <1.0 MGD
10. Flow Information:
Treatment Plant Design flow 0.0.2 D MGD
Annual Average daily flow 0.00S MGD (for the previous 3 years)
Maximum daily flow L9 . 0 / 0 MGD (for the previous 3 years)
11. Is this facility located on Indian country?
❑ Yes X 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. If more than one analysis is reported, report daily maximum
and mcntbly average. f only one analysis is reported, report as daily maximum.
Parameter
Daily
.Maximum
Monthly
Average
Units of
Measurement
Biochemical Oxygen Demand (BODs)
f7, 5—
7 , ,
/yt /C.
Fecal Coliform
a,-7 0
Total Suspended Solids
U
�L
Temperature (Summer)
Temperature (Winter)
Z .
PH
. O
13. List all permits, construction approvals and/or applications:
Type Permit .Number Type
Hazardous Waste (RCRA) NESHAPS (CAA)
UIC (SDWA) Ocean Dumping (MPRSA)
NPDES IJC60 7 Q Y-8 / Dredge or fill (Section 404 or CWA)
PSD (CAA) Other
Non -attainment program (CAA)
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.
7DE-fj,,j(s <T W�A(T sotd C`7. WjifL_
Printed name of Person SiF_ning Title
Signature of
Date
North Carolina CKeral 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-D 05/08

Latitude and Longitude of a Point
Page 1 of 1
L
iTouchmap.com
Mubilc and Dcgktap Maps
Home a Latitude and Longitude of a Point
Maps I Country - State I Places I Google Earth I Cities I Earthquakes I I Am Here I Lat - Long
To find the latitude and longitude of a point Click on the map, Drag the marker, or enter the...
is y:' Address: 123 Street, City State/Country LGo
�>ti a -•'0 Map Center: Land Plat Size - Street View - Google Earth 3D - Area Photographs
Try out the Google Earth Plug-in. Google Earth gives you a 3D look of the area around the center of the map,
which is usually your last click point, and includes latitude, longitude and elevation information.
Latitude and Longitude of a Point
Lie _
Note: Right click on a blue marker to remove it. I Show Point from Latitude and Longitude
Clear/Reset All Markers Center Red Marker Use this if you know the latitude and longitude coordinates of
a point and want to see where on the map the point is.
Use: 'f' for N Lat or E Long - for S Lat or W Long.
Get the Latitude and Longitude of a Point Example: +40.689060-74.044636
Note: Your entry should not have any embedded spaces.
When you click on the map, move the marker or enter an
address the latitude and longitude coordinates of the point Decimal Deg. Latitude: 357665244 1'a9
are inserted in the boxes below.
Decimal Deg. Longitude: 81 8g62Gg85(136�
Latitude: Show Point
Longitude: Example: +34 40 50.12 for 34N 40' 50.12"
Degrees Minutes Seconds
Degrees Minutes - Seconds Latitude:
Latitude: Longitude:
Longitude: Show Point
© FouchMap.com 2008
http://itouchmap.com/latlonc,.html
6/30/2009

Sludge Management Plan
For: Harmony Estates Wastewater Treatment Plant
NPDES Permit # NCO079481
Date: 6-30-09
The waste sludge produced at the treatment facility is removed directly from the
aeration basins by Asbury Septic Service of Morganton, NC (Burke County — License
# 4437104) and discharged into the City of Marion (McDowell County) sewage
collection system.
By: Dennis J. Whitson
3800 Sugar Hill Road
Marion, NC 28752

+T;�
DN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 26, 2009
DENNIS J WHITSON
HARMONY ESTATES
3800 SUGARHILL RD
MARION NC 28752
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment
Harmony Estates WWTP
Permit Number: NC007948 ,-
Case Number. LU=200�05
McDowell County
Dear Mr. Whitson:
This letter is to acknowledge receipt of check number 8365 in the amount of $665.00 received from you dated
May 12, 2009. 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.
Sincerely,
Jovonah Weeden
cc:. -7, 7-ra1 Pi177
Dwggg re���c upervisor
t
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
Intemet: www.ncwaterquality.org
1' An Equal Opportunity\ Affirmative Action Employer
,t
1
E
M AY 2 8 2009
tr : WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
5¢t
ne
NorthCarolina
AawrallJ

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 26, 2009
DENNIS J WHITSON
HARMONTY ESTATES
3800 SUGARHILL RD
MARION NC 28752
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment
Harmony Estates WWTP
Permit Number: NC0079 80
mma
Case Number:2GO9-(+ly+d:18
McDowell Co -
Dear Mr. Whitson:
This letter is to acknowledge receipt of check number 8366 in the amount of $365.00 received from you dated
May 12, 2009. 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 .
Sincerely,
Jovonah Weeden
cc: Central Files -
DWQ hs evi�l�l�e7Xg i,@nalOff ce Supervisor
1
1 _
1611 Mail Service Center, Raleigh, North Carolina 27699-1611
Location: 512 N. Salisbury -St. Raleigh, North Carolina 27604
Phone: [phone] \ FAX: [phone] \ Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity\ Affirmative Action Employer
One
NortllCarolina
. Naturallil -

May 15, 2009
Mr. Roger Edwards, Regional Supervisor
NCDWQ — Surface Water Protection Section
2090 US Highway 70
Swannanoa, NC 28778
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0088
Permit No. NCO079481
Harmony Estates WWTP
McDowell County
Dear Mr. Edwards:
� CE�WE
MAY 1 8 2009
N/ATER QUALITY SECTION
ASH=VILLE REGIONAL OFFICE
A revised DMR has been submitted for February 2009 — copy enclosed.
The flow was monitored for all days during the month. Due to either a
typographical or computer/printer error, the value for February 28, 2009 failed to appear
on the final copy of the DMR. All other records contained the correct information.
In reference to the compliance box on the back of the DMR being checked, this
action would have been appropriate since the error was not detected.
We apologize for the error, and will make every effort to avoid reoccurrence.
Sincerely,
0 6-7-Af(
Tony Gr gg
Enclosures
cc: Dennis Whitson, Harmony Est.
Phillip Pittman, ORC

EFFLUENT �r
NPDES PERMIT NO. NCO079481 DISCHARGE NO. 001 MONTH FEBUARY YEAR 2009
FACILITY NAME HARMONY ESTATES CLASS 11 COUNTY McDOWELL
OPERATOR IN RESPONSIBLE CHARGE (ORC) PHILLIP PITTMAN GRADE 11 PHONE [phone]
CERTIFIED LABORATORIES [11 WATER TECH 121
CHECK BOX IF ORC HAS CHANGED Lj PERSON(S) COL TING SAMPLES PHIL IP PITTMAN
Mail ORIGINAL and ONE COPYto: x
ATTN: CENTRAL FILES (SIGNATURE6f OPERATOR IN R NSIBLE HARGE) DATE
DIVISION OF WATER QUALITY BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS
1617 Mail Service Center ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
RALEIGH NC 276994617
BOOSO 00010 OOM W060 00310 =10 0=0 31616 =00
z FLOW
a Dr o ¢ cF a
Lu
zm o
o ctu EFF- 0° a Xp 1ab u�o
❑ uO UJI f °Oa u O 3 NpoW Qg
iti 00 c0
WaO OaM
O O i
IUGJL] .
HRS HRS YIBIN PIIGD C UNITS UGIL MGIL Moil-MGILtN100 MIL NIGIL
0.0020 1 7
9§ 8 8•$� 8
8•§ S 81$ 8
S 8'8�S
9.5
AVERAGE
0.0024
5
11
<3.0
1 <0.6
<4.9
<1
9.0
........<:
MINIMUM
0.0010
4
6.7
8
<2.0
-<0.5-
-<2.0_.,.
<1
8.0
:::.:.::.......::..::..:::::.:...
......:::.......:........
..._:::.....
Month) Limit
0.020
6;0/9:0
--30_._
2,0
30
200
>5
I
NOTE: * ALL QC NOT MET
II
lJ ! I MAY 1 8 20 � 09
1 DEM Forrn W R-1(12193)
jA,HEVILLEfL--G_,'ONAL
R QUALIT`( SECTION
OFFICE

Facilin; Status: (Piease cbecl- one of the following)
I monitoring data an4'sampano freouencies meet pe,.it reo_uirements
Compliant .
monitoring da_a an' satnpLng frequencies do NOT meet permit requ ernents
Nonconziiant
4i-urt iiant, please comment orl orrecLlve actions being taken in respect to ccuipmentoperation: maintenance; etc.;
and a e 111 AT improvements to be made.
"I cerffry, underpenalty of law, that this document and all attachments were prepared under my direction or supervision in accordance
witb a system desi-ped to assure that qualified personnel properly gather and evaluate the inforrnarion submitted. B ased 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 }mowledge and belief, true; accurate, and complete. I am aware that there are signiitcant penalties'for
submitting false information, including the possibili[}° of fines and imprisonment for Lnowing violations."
Plea print or t _ e)
e
13'��
Si- lure of Pe ee- Date
(Required)
1/`t9c7 . S ••eoA!/I 044IIA"WnCou * C -Y22p-7-3 -35S/Z 12-6P
P--='ttee.Address Phone Number Permit Exp. Date
00010
Temperature
00076
Turbidity
00080
Color (Pt -Co)
00082
Color (ADMI)
00095
Conductivity
00300
'Dissolved Ozygen
00310
S ODS
00340
COD
00400
pH
00530
Total Suspended
Residue
00545
SettleabltMatter
PARAMETER CODES
00556
Oil & Grease
00951
TO Lai Fluoride
00600
Total Nitrogen
01002
Total Arsenic
00610
Ammonia Nitrogen.
V
00625
Totallijeldhal
01027
Cadmium
Nitrogen
00630
Nitrates[NIitrites
01032
Hetavalent Chromium
-01034
Chromium
00665 Total Phosphorous
D0720
Cyanide
01037
Total Cobalt
00745
Total Sulfide
0104-13
Copper
D0927
Total Magnesium
01045
Iron
00929
Total Sodium
01051
Lead
00940
Total Chloride
01062
Ivlolvbdenum
01067 Nickel
01077 Silver
01092 Zinc
02105 Aluminum
01147
Total Selenium
31616
Fecal Coli-form
32,730'
Total Phenolics
34235
B enzene
34481
Toluene
38260
HB AS
39516
PCBs
50050
Flow,
50060 Total
Residual
Chlorine,
71880 Formaldehyde
71900 Mercury
8.1551 Xylene
Paratneter Code assistance may obtained by calling the Point Source ComplianctEiforcement Unit ai (919) 733-50E3 or ,by ��isiting
'Water Qua in. Section's web site ai h20.enr.state.nc.usiwgs and linking to the Unit's information pages.
Use, only units designated in the reporting facilit�.`s permit for reporting data.
ORC must visit facility and document visitation of faciliry as required per, 15 A NC .0 8G .0204.
`X If signed by other than the permittee; delegation of signatory authonn: must be on file witri the state per 15A. -NC-BC 2B .0506 (b)
-2) (D).

:; E
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Dennis J. Whitson, Owner
Harmony Estates
3800 Sugarhill Road
Marion, North Carolina 28752
Dear Mr. Whitson:
Division of Water Quality
Coleen H, Sullins
Director
April 6, 2009
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0139
Permit No. NCO079481
Harmony Estates WWTP
McDowell County
Dee Freeman
Secretary
A review of Harmony Estates WWTP's monitoring report for October 2008 showed the following violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
Solids, Total Suspended
10/31/08
30 mg/1
34.78 mg/I
Monthly Average
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 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 or me at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
R �:�U M. 's-he 'il'elFil s�
DWQ Central Files
Water Tech Lab/ ORC
G:\WPDATA\DEMWQ\Mcdowell\79481 Harmony Estates\79481 NOV-2009-LV-0139.doc North Carolina
Naturally
North Carolina Division of Water Quality 2060 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone]

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 5, 2009
Mr. Dennis J. Whitson, Owner
3800 Sugarhill Road
Marion, North Carolina 28752
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0088
Permit No. NCO079481
Harmony Estates WWTP
McDowell County
Dear Mr. Whitson:
A review of Harmony Estates WWTP's monitoring report for February 2009 showed the following violation:
Parameter
Date
Measuring
Frequency
Violation
Flow, Continuous
02/28/2009
Continuous
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 or me at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
DWQ Central Files
Water Tech Lab/ ORC
G:\WPDATA\DEMWQ\Mcdowell\79481 Harmony Estates\79481 NOV-2009-MV-0088.doc NorthCarolina
Naturally
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]

April 24, 2009
Mr. Roger Edwards, Regional Supervisor
NCDWQ — Surface Water Protection Section
2090 US Highway 70
Swannanoa, NC 28778
Dear Mr. Edwards:
i
EiD
I fl
APR 2 7 2009 I
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0048
Permit No. NCO079481
Harmony Estates WWTP
McDowell County
A revised DMR has been submitted for January 2009 — copy enclosed.
The operator, Phillip Pittman, inadvertently omitted one of the total chlorine residual
readings for the week of l/17/09.
The analysis was performed as required and the compliance box was checked not being
conscious of the discrepancy.
We apologize for the error, and will make every effort to avoid reoccurrence.
Sincerely,
-?��7 6ncr-�
Tony Gragg
Enclosures
cc: Dennis Whitson, Harmony Est.
Phillip Pittman, ORC

00
EFFLUENT
I
NPDES PERMIT NO. NCO079481 DISCHARGE NO. 001 MONTH JANUARY YEAR 2009
FACILITY NAME HARMONY ESTATES CLASS 11 COUNTY McDOWELL
OPERATOR IN RESPONSIBLE CHARGE (ORC) PHILLIP PITTMAN GRADE 11 PHONE [phone]
CERTIFIED LABORATORIES 1 WATER TECH 2
CHECK BOX IF ORC HAS CHANGED PERSON(S) COLLECTING LES PHILLIP PITTMAN
Mail ORIGINAL and ONE COPY to:
ATTN: CENTRAL FILES
DIVISION OF WATER QUALITY
1617 Mail Service Center
NOTE: ` ALL QC NOT MET
(SIGNATURE OF OPERI%OR IN RESPONSIBLE CHlS�RGE)
BYTHIS SIGNATURE, I CERTIFY THAT THIS REP((O//RT IS -
ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE
DEM Forth MR-1(12/93)

LI
Facility Status: (Piease check one of the following)
All monito-=2 data ang>samplirtg frequencies meet pez-mit reauirements �J
COmplianl
u=>> monito^ng da.a and sampi ng frequencies do NOT meet permit requi ernenrs
NoncomDiiant
wC:, ZELC:': 137 s non ornplrant, piease comment an corrective actions being taken in respect to equipment, operation; maintenance, etc.,
and a time -table for improvements to be made.
"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 inouiry
of the person or persons wbo manage the system: or those persons directly responsible for gathering the information, -the information
submitted is: to the best -of my 1mowledge and belief: true. accurate, and complete. I am aware that there are signirlcantpenalties for
submitting false informaLioi , includine the possibility of fines and imprisonment for Imowing violations."
e print or type)
Signature of P=06
(Required)
Date
Y-/.f-9
Permittee Address Phone Number Permit Exp. Date
PARA2YMTER CODES
00010
Temr)c awe.
00556
Oil & Grease
00951
Total Fluoride
00076
Turbidity -
00600
Total Nitrogen
01002
Total Arsenic
00080
Color (Pt -Co)'-
00610
--Ammonia Nitrogen
00082
Color (ADMI)"
0062-5
•Total Kjeldhai y
01027
Cadmium
Nitrogen
00095
Conducti)dty
00630
Nitrates/Witrites
01032
Hexavalem Chromium
00300 Dissolved Oxygen
00310
B OD5
00665
00340
COD
00720
00400
pH
00745
00530
Total Suspended
00927
Residue
00929
00545
Settleable Matter
00940
Total Pbospborous
Cyanide
Total Sulfide
Total Magnesium
Total Sodium
Total Chloride
01034 Chromium
01037
Total Cobalt
01042
Copper
01045
Iron
01051
Lead
01062
Molvbdenum
01067 Nickel
01077 Silver
01092 Zinc
01105 Aluminum ,
01147
Total Selenium
31616
Fecal Coliform
32730
Total Pbenolics
34235
B enzene
34481
Toluene
38260
Iv1B AS
3 95-16
PCB s
50050
Flwx
50060 Total
Residual
Chlorine.
71880 Formaldehyde
71900 Mercury
81551 Xylene
Parameter Code assistance may obtained by calling the Point Source Comt)hance!Enforcement Unit at (919) 733-50S3 or by visiting
he 'amr Quality Section's web site at h2a.enr.state.nc.us/wos and lurking to the Unit's information pages.
Use only units designated in the reporting facility`s permit for reporting data.
I ORC mast visit facility and document visitation of facility as required per 15A NCAC 8G .0204.
r= If signed by other than the permittee, delegation of signatory authority. must be on file with the stateper lf;ANC? C 2B .0506 (b)
-2) (D).

NPDESPERMrr NO: NC007WB1 DISCHARGE NO.: 001 MONTHJANUARY
FACILrrYNAME-- Hammy Estates COUNTY: McDOWELL
STREAM: LhimmedTdbtftty LOCATION: 100ft
YEAJt2009 NPOESPERUrrNO:N=79481 DISCHARGENO.: 001 MONTH.'JANUARY YEAR2009
FACILITY NAME- Hammy Estates COUNTY: McDOWELL
STREAM: Lkwmnied Tribi" LOCATION: 300 ft
swum
mmmmmmmmmmmmmm
mmmmmmmmimmommms
DEM Form MR-3 (121113)
DEM Form MR-3 (12193)
A,,
tit To
ol�

CDR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 21, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1 490 0004 0713 9325
Mr. Dennis J. Whitson, Owner
3800 Sugarhill Road
Marion, North Carolina 28752
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 NCO079481
Dennis J. Whitson
Harmony Estates WWTP
Case No. LM-2009-0018
McDowell County
Dear Mr. Whitson:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $365.00
($300.00 civil penalty + $65.00 enforcement costs) against Dennis J. Whitson.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Dennis J. Whitson for the month of December 2008. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NCO079481. The violations which occurred in
December 2008 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Dennis J. Whitson violated the
terms, conditions or requirements of NPDES Permit NCO079481 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 Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Dennis J. Whitson:
None
hCarolinaa
waally
SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778
Phone: [phone]\FAX: [phone]\Customer Service: 1-877-623-6748
Internet: www.ncwaterguality.org

I of the 1 violations of G.S. 143-215.1(a)(6) anu �,PDES Permit No.
$250.00 NC0079481, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for N113-N.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$50.00 NC0079481, for failure to monitor TRC twice weekly.
$300.00 TOTAL CIVIL PENALTY
$65.00 Enforcement Costs
$365.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282. 1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
.7i
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please

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

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,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
D Q Asheville Files / a` a rimenis
DWQ Central Files w/ attachments
Bob Guerra/ DWQ Enforcement Files w/ attachments
Water Tech Lab/ ORC w/ attachments
GAWPDATA\DEMWQ\Mcdowe11\79481 Harmony Estates\79481 UPI-2009-0018.doc

JUST iv iCATION FOR REMISSION REAL r o r
DWQ Case Number: LM-2009-0018 County: McDowell
Assessed Party: Dennis J. Whitson/ Harmony Estates
Permit No.: NC0079481 Amount Assessed: $365.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 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 pet forming the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMhN i' OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVED OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HE, AND
STIPULATION OF FACTS
DENNIS J. WHITSON/ HARMONY ESTATES )
PERMIT NO. NCO079481 ) FILE NO. LM-2009-0018
Having been assessed civil penalties totaling $365.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated April 21, 2009, the undersigned, desiring
to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the
above -stated matter and does stipulate that the facts are as alleged in the assessment document. The
undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE
20

ATTACHMENT A
Dennis J Whitson
CASE NUMBER: LM-2009-0018
COUNTY: McDowell
REGION: Asheville
PERMIT: NC0079481
FACILITY: Harmony Estates WWTP
Limit Violations
MONITORING OUTFALU
VIOLATION
DATE
UNIT OF
MEASURE LIMIT
CALCULATED % OVER
VALUE LIMIT VIOLATION TYPE
PENALTY REPORT PPI
LOCATION PARAMETER FREQUENCY
mg/I 4
5.13 28.30 Monthly Average Exceeded
$250.00. 12-2008 001
Effluent NH3-N 12/31/08 Weekly
Monitoring Violations
VIOLATION UNIT OF CALCULATED % OVER
MONITORING OUTFALU DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
PENALTY REPORT PPI LOCATION PARAMETER
$50.00 12-2008 001 Effluent CHLORINE
12/20108 2 X week ugA Frequency Violation

EFFLUENT
no.
mlljo�.
"Ilio
lmmmmmmumsm
EMIR=
immmm
-mmm
12imimm
m-ml
Imam
mm
ffmmmm
mmommmommm-
Immmm
Imimmm8
88.8EMEEII
imlomm
III 1
mm�Mfflr#Vnm®j
�Eml
Immom
am
mmm*:
11"lliNhylle
ffs �os
©MIIIWMW®WTME®
m
Em��Mmmm
mmmm
Monthly
ir-,N e-v
NOTE: * ALL QC NOT MET
DEM Form MR-1 (12193)
v
- Uql
I
YEAR 2009

,Facility Status: (Please check one of the following)
hi) monito_zing data an4-sampling frequencies meet p-,,=,t requirements ❑
Compliant
-.11 mOniw^ ➢g dME and SaM[pl ng frequencies do NOT meet permit requl_ erne➢rs I a
No-Dco°°mpiiant
j=.L,. G � 1. _�_.� �__. .
u W - IZLCj I is iiU11 UlT1U11dnC, Diease cowmen[ OII COITeCL1Ve actions, beill� Ial>en 1n respect CC eauipnacnt, ODeraClOn; Illat➢te➢a➢Ce, etc.,
and a time-tabljf for iInDrOVemeI1LS to be made.
"I certify, underpenalry 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 inouiry
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 lmowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting faise info nation, including the possibility of fines &14 imprisonment for Imowing violations."
PermittP ase print or type)
1 25;�D%
5ig16a'ture of PermTttec— Date
(Required)
996d dJ 1,04m, D K Ae 2 �(- ?2V • 7.3Y-,3'ye 12- e, l
Pernuttee, Address Pbone Number Permit Exa. Date
00010
Temperature
00076
Turbidity
00080
Color (Pt -Co)
00082
Color (ADMI)
D0095
ConductMty
00300
Dissolved 07ygen
00310
B OD5
D0340
COD
00400
pH
00530
Total Suspended
Residue
00545
Settleable Matter
PARA2V ETER CODES
00556 Oil & Grease 00951 Total Fluoride
00600 Total NitrOgeIl 01002 Total Arsenic
D0610 Ammonia Nitrogen
00625 -Total kjeldhal y 01027 Cadmium
Nitrogen
00630 Nitrates/l,Titrites 01032 Hcxavalent Chromium
01034 Chromium
00665 Total Phosphorous
00720
Cyanide
01037
Total Cobalt
00745
Total Sulfide
01012
Copper
00927
Total Magnesium
010^5
Iron
00929
Total Sodium
01051
Lead
00940
Total Chloride
01062
Molybdenum
01067 Nickel
01077 Silver
01092 Zin c
011 U5 Aluminum
01147 Total Selenium
31616 Fecal Coliform
2730 Total Phenolics
34235 Benzene
34481. Toluene
38260 Iv13AS
39516 PCBs
50050 RON;,
50060 Total
Residual
Chlorine
71880 Formaldehyde
71900 Mercury
81551 Xyleue
Pa aweter Code assistance may obtained by calling the Point Source Compliance!Enforceraent Unit at [phone] or by visiting
the "Water Quality Section's web site at h2o.enr.state..nc.ushvos and linking to the linit's information pages.
Use only units designated in the reporting faciliry:s permit for reporting data.
ORCmast visit facility and document visitation of facilih' as reamed per 15_=-NCSC 8G .0201.
" if signed by other than the permittee; delegation of signatoTw authority. *nest be on file with the state per 15A NC? C 2B .0506 (b)
:2) (D).

DIVISION OF WAS r;i. QUALITY - CIVIL PENALTY ASSLaoidENT (FILE)
Violator: Dennis J Whitson/ Harmony Estates WWTP/ NCO079481
County: McDowell
Case Number: LM-2009-0018
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 are detrimental to the receiving stream.
2) The duration and gravity of the violation;
One Monthly Average Ammonia exceeded permit limits by 28.30 %.
One of Two Total Residual Chlorines was not monitored during the week of 12/26/08.
3) The effect.on ground or surface water quantity or quality or on air quality;
All effluent violations are detrimental to the receiving stream.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount is unknown.
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 enforcement in the past year.
8) The cost to the State of the enforcement procedures.
- $65.00.
Date Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office

April 17, 2009
Mr. Roger Edwards, Regional Supervisor
NCDWQ — Surface Water Protection Section
2090 US Highway 70
Swannanoa, NC 28778
Dear Mr. Edwards:
® E C EUE ;
,
I
APR 2 0 2009 10
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
Subject: NOTICE OF VIOLATION'
NOV-2009-LV-0139
Permit No. NCO079481
Harmony Estates WWTP
McDowell County
A revised DMR has been submitted for October 2008 — copy enclosed.
The operator, Phillip Pittman, overlooked the marginal non-compliance of TSS. Seasonal
change may have contributed to elevated TSS levels.
Mr. Pittman is one of the most conscientious operators in the field and this was by all
means a slip up — see note from Phillip Pittman.
We apologize for the error, and will make every effort to avoid reoccurance.
Sincerely,
Tony ragg
Enclosures
cc: Dennis Whitson, Harmony Est.
Phillip Pittman, ORC

EFFLUENT
Gsp
NPDES PERMIT NO. NCO079481 DISCHARGE NO. 001 MONTH OCTOBER YEAR 2008
FACILITY NAME HARMONY ESTATES CLASS 11 COUNTY McDOWELL
OPERATOR IN RESPONSIBLE CHARGE (ORC) PHILLIP PITTMAN GRADE 11 PHONE.,' 828/765/8006
CERTIFIED LABORATORIES Ill WATER TECH 2
CHECK BOX IF ORC HAS CHANGED PERSON(S) COLLECTING SAMPLES PHILLIP PITTMAN
Mail ORIGINAL and ONE COPY to:
ATTN: CENTRAL FILES
DIVISION OF WATER QUALITY
1617 Mail Service Center
NOTE: ' ALL QC NOT MET
DEM Forth MR-1(12193)
x
(SIGNATURE OF OPERATOR IN RESPONSIBLE CJ� RGE)
BY THIS SIGNATURE, I CERTIFY THAT THIS R PORT IS
ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE

Faciiitll Status: (Piease check one of the following)
All monitoring data ang>samiD irtg frequencies meet perrmi't reo_uirements
Compliant
i21 monito^ng da:a and sampina frequencies do NOT meet permit requiz ernents I ,�
Noncompiiant
Tr .4 ., r
J..1 WI. 1GLL111Ly LJ 11Uu-.:umunant, please Cnmlllen[ on corrective actions being taken in respect to ea_taipment, operation: maintenance, etc.,
and a time -table for improvements to be made.
Ga.J:
"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. B ased on my inouiry
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 lmowledge and belief. true, accurate, and complete. I am aware that tbere are siRnincant-penalties for
submitting false information, including the possibility of fines and imprisonment for lmowine violations."
Permigpr- 1l Ise print or type)
Signaleb of Permirt
�� (Required)
AC 225e
P-,='ttee Address Phone Number
00010
Temperature
00076
Turbidity
00080
Color (Pt -Co)
00082
Color (ADMI)
00095
Conductivity
00300
Dissolved Oxygen
00310
BOD5
00340
COD
00400
pH
00530
Total Suspended
Residue
00545
Settleable Matter
PARR METER CODES
00556
Oil & Grease
00951
Total Fluoride
00600
Total Mtrti2e11
01002
Total Arsenic
00610
Ammonia Nitrogen
v
00625 -Total
Kjeldhal
01027
Cadmium
Nitrogen
00630
Nitrates/Nitrites
010321
HexavalenL Chromium
01034
Chromium
00665 Total Phosphorous
00720
Cyanide
01037
Total Cobalt
00745
Total Sulfide
01042
Copper
00927
Total Magnesium
01045
Iron
00929
Total Sodium
01051
Lead
00940
Total Chloride
01062
Molybdenum
Date
• 3,40
Permit Exp. Date
01067. Nickel
01077 Silver
01092 Zinc
01105 Aluminum
01147
Total Selenium
31616
Fecal Coliform
32730
Total Pbenoiics
34235
Benzene
34481
Toluene
38260
IYEB AS
39516
PCBs
50050
Flow
50060 Total
Residual
Chlorine,
71880 Formaldehyde
71900 Mercury
81551 Xylene
Parazueter Code assistance may obtained by calling the Point Source Complian Enforcement Unit at [phone] or b1' visiting
the "Pater Qualin. Secuon` s web site ar h2o.enr.state..nc.usi,,vos an.d linking to the Unit's information pages.
Use only units designated im the reporting faciiiry`s permit for reporting data.
* ORC must visit facility and document visitation of facidry as required per 15 A NCSC 8G .0204.
If signed by other than the p=Ittee, delegation of sienatory authoriry must be on file u,idj the state per 15A NC? C 2B .0506 (b)
:�) (D).

C
'Y
E
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 16, 2009
Mr. Dennis J. Whitson, Owner
3800 Sugarhill Road
Marion, North Carolina 28752
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0048
Permit No. NCO079481
Harmony Estates W WTP
McDowell County
Dear Mr. Whitson:
A review of Harmony Estates W WTP's monitoring report for January 2009 showed the following violation:
Parameter
Date
Measuring
Violation
Frequency
Total Residual Chlorine
Week of
Twice Weekly
Failure to Monitor Twice
01 / 17/09
Weekly
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 or me at 828/296-4500.
Sincerely,
�? Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
4PPT D WrQ7,rs 177ill']7 F l_es
DWQ Central Files
Water Tech Labs/ ORC
G:\WPDATA\DEMWQ\Mcdowell\79481 Harmony Estates\79481 NOV-2009-MV-0048.doc
North Carolina
Xgwra!!y
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]

MCDENR
North Carolina department of Environment and
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
April 9, 2009
., lq E V r GJ
y
Natural Resources
CERTIFIED MAIL
RETURN RECEIPT REQUESTED — 7007 1490 0004 0713 9271
Mr. Dennis J. Whitson, Owner
3800 Sugarhill Road
Marion, North Carolina 28752
Dee Freeman
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 NCO079481
Dennis J. Whitson
Harmony Estates W WTP
Case No. LV-2009-0116
McDowell County
Dear Mr. Whitson:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $665.00
($600.00 civil penalty + $65.00 enforcement -costs) against Dennis J. Whitson.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Dennis J. Whitson for the month of November 2008. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NCO079481. The violations which occurred in
November 2008 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Dennis J. Whitson violated the
terms, conditions or requirements of NPDES Permit NCO079481 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Dennis J. Whitson:
Nne
orthCarolina
AWI Malty
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
ocation: 2090 U.S. Highway 70, Swannanoa, NC 28778
hone: (828) 296-45001FAX: [phone]\Customer Service: 1-877-623-6748
Internet: w.ncwater ualit .or

1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. '
$100.00 NCO079481, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for RES/TSS.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
'$250.00 NCO079481, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-hi.
1 of the-1 violations of G.S. 143-215. 1 (a)(6) and NPDES Permit No.
$250.00 NCO079481, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for RES/TSS.
$600.00 TOTAL CIVIL, PENALTY
$65.00 Enforcement Costs
$665.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Met
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 L„G proper procedure for contesting whetl..,..he violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you.of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit'the enclosed "Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Delm
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 transmissi_--. The mailing address for the Office o;, ,uministrative 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,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
c: ' "V'Q� sh'®e`vil`le r files /�tt' , m'e n°s
DWQ Central Files w/ attachments
Bob Geurra/ DWQ Enforcement Files w/ attachments
Water Tech Labs/ ORC w/ attachment
G:\WPDA'rA\DEMWQ\Mcdowell\79481 Harmony Estates\79481 LV-2009-0116.doc

I , '
JUSTgvaCATION FOR REMISSI®N REQL�, T
DWQ Case Dumber: LV-2009-0116
County: McDowell
Assessed Party: Dennis J. 'Whitson/ Harmony Estates WWTP
Permit No.: NCO079481 Amount Assessed: $665.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts "
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 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);
(e) 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:

r � N
STATE OF NORTH CAROLI... .
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
DENNIS J. WHITSON/ HARMONY ESTATES
PERMIT NO. NCO079481
DEPARTM_, , r OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVED OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2009-0116
Having been assessed civil penalties totaling $665.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated April 9, 2009, the undersigned, desiring
to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the
above -stated matter and does stipulate that the facts are as alleged in the assessment document. The
undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the
day of
ADDRESS
TELEPHONE
20
SIGNATURE
f4

ATTACHMENT A
Dennis J Whitson
CASE NUMBER: LV-2009-0116
PERMIT: NCO079481
FACILITY: Harmony Estates WWTP
COUNTY: McDowell
REGION: Asheville
Limit Violations
`
MONITORING
OUTFALLJ
VIOLATION
UNIT OF
CALCULATED
% OVER
PENALTY REPORT
PPI
LOCATION
PARAMETER
DATE FREQUENCY
MEASURE
LIMIT
VALUE
LIMIT
VIOLATION TYPE
$250.00 11-2008
001
Effluent
NH3-N
11/30/08 Weekly
mg/I
4
6.63
65.75
Monthly Average Exceeded
$100.00 11-2008
001
Effluent
RESITSS
11/06/08 Weekly
mg/I
45
64
42.22
Daily Maximum Exceeded
$250.00 11-2008
001
Effluent
RESITSS
11/30/08 Weekly
mg/l
30
40.5
35.00
Monthly Average Exceeded

. --
MEN
Monthly Limit
0"h,161
.1.
V,
0,9-6 17-,
1
d) 116
,
moklOTE: - ALL QC NOT MET
DEM Form MR-1 (12193)

Faciiity Status: (Piease Check one of the following)
Ail monitoring data an4 sam-D irig frequencies meet permit 1_e0uiremen[S ❑
Compliant
c 11 monit^v^nR dfiia and -ampl ng SSeQue➢cles do !BUT me--[ per?LI reglll e171e➢LS "` Y
Non comii ant
u w0 laC13is ijutiCUlIIU11aIlC, please COm.IIlen[ On corrective actlo➢s belllg taken 1n respect [C eauipmen[, 0peratl0n; malIlCeIlanCe; etc.;
and aJ time -table for improvements to be made.
-Iliti.
e / A ,4'y�ri % ° ➢J�i7 ll i's� ,y l
d (.' e, ✓ I-1101 �d�' �'n! �C, �..� G�' �� �f l� �' f L '� 7 ir'Y ri�f ` + j L` /-.
$f
"I certJ31, 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 inouirj'
of the person or persons who manage the system; or those persons directly responsible for gathering the information,-tbe information
submitted is: to the best ofmy lmowledge and belief; L-tle, accurate, and complete. I am aware that there are signincampenalties for
submitting false infoznaCio➢, including the possibility' of fines and imprisonment for bowing violations."
J
x
Pertnitt-- (Please'prmt or type)
SiRhature of Pe : ttee** Date
(Required)
jl)7i4n;i,,1:fl %1+C
Permitter, Address Phone Number Permit Exp. Date
PARAMETER CODES
00010
Temperature
00556
Oil & Grease
00951
Total Fluoride
01067 Nickel
00076
Turbidity
00600
'Total Nitrogen
01002
Total Arsenic
01077 Silver
00080
Color (Pt -Co)
00610
Ammonia Nitrogen
�
01092 Zinc
00082
Color (ADIvLl)
00625
Total Kjeldhal
01027
Cadmium
01105 Aluminum ,
Nitrogen
00095
Conductivity
00630
Nitrates/Nhrites
01032
Hexavalent Chromium
01147 Total Selenium
00300
Dissolved Oxygen
01034
Chromium
31616 Fecal Coliform
00310
BOD5
00665
Total Phosphorous
32730 Total Phenolics
00340
COD
00720
Cyanide
01037
Total Cobalt
34235 Benzene
00400
pH
00745
Total Sulfide
01042
Copper
34481 Toluene
00530
Total Suspended
00927
Total Magnesium
01045
Iron
38260 IYP_ AS
Residue
00929
Total Sodium
Moil
Lead
39516 PCBs
00545
Settleable Matter
00940
Total Chloride
01062
Molybdenum
50050 Flow
50060 Total
Residual
Chlorine
71880 Formaldehyde
71900 Mercury
81551 xylene
Paratueter Code assistance may obtained by calling the Point Source Compliance!Enforcement Unit at (919" 733-5083 or by visiting
the'Water Quality. Section's web site at h2o.enr.state.nc.us/wos and linking to the Unit's information pages.
Use only units designated in the reporting facility`s permit for report -in; dita. I
ORC = s, visit facilitj > _ li (ki. and doCllment 1'iS1Cii10➢ ur iaCiliC�' as rcGLLeu pc;._ �_ 3CAC $ ..G._.
If signed by other than the permittee; delegation of signatory autborit5> must be on file with the state per 15A NC— C 2B .0506 (b)
.2) (D).

DIVISION OF WAZ rJtc QUALITY - CIVIL PENALTY ASSE.. RENT (FILE)
Violator: Dennis J. Whitson/ Harmony Estates WWTP/ NCO079481
County: McDowell
Case Number: LV-2009-0116
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 are detrimental to the receiving stream.
2) The duration and gravity of the violation;
One Ammonia Nitrogen Monthly Average exceeded permit effluent limits by 65.75 %.
One TSS Daily Maximum exceeded permit effluent limits by 42.22 %.
One TSS Monthly Average exceeded permit effluent limits by 35.00%.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations are detrimental to the receiving stream.
4) The cost of rectifying the damage;
It is unknown.
5) The amount of money saved by noncompliance;
It is unknown.
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 assessments in the past year.
8) The cost to the State of the enforcement procedures.
$65.00.
J
Date i4gq C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office

DENNIS J WHITSON
HARMONY ESTATES WWTP
3800 SUGARHILL RD
MARION NC 28752
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Wa(,%-gnality
December 9. mul8
D EC 10 2008
WATER QUALITY SECTION '
SUBJECT: Payment Acknowledgment.fi LASHEVILLE REGIONAL OFFICE
Civil Penalty Assessment^''v ::..:�`_. ,.:•:= �.
Harmony Estates WWTP
Permit Number: NCO079481
Case Number: LR-2007-0014
McDowell County
Dear Mr. Whitson:
This letter is to acknowledge receipt of check number 7965 in the amount of $1,100.00 received
from you dated November 25, 2008. 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.
Sincerely,
MOP
Dina Sprinkle
cc: Central Files
D Q1Asffe—V4l'e7 reg' _T Office Supervisor
Mailing Address Phone [phone] Location
1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, NC 27699-1617 Raleigh, NC 27604
Internet: www.newater(ivality.org Customer Service 1-877-623-6748
NorthCarolina
NWA( Mlly
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

STATE OF NORTH CAROLINA BEFORE THE
REMISSION C6iv1IIT T E:.Q.E'ti';"�
COUNTY OF McDOWELL ENVIRONMENTAL NIANACE1vlE3�iT '~..::� "k".
COMMISS O
1N THE MATTER OF: ) I l NOV ` b tu0u �r i
Assessment of Civil Penalties ) FINAL DE IS: O TER QUALITY SECTION
Against L ASHEVILLE REGIONAL OFFICE 1
DENNIS J. WHITSON )~�
d/b/a Hannony Estates WWTP )
MATTER came before the Committee on Civil Penalty Remissions of the
Environmental Management Commission, pursuant to N.C.G.S. §143-215.6A and §143B-282.1,
on September 11, 2008, upon recommendation of the Director of the Division of Water Quality
for entry of a final decision on the assessment of civil penalties and investigation costs against
Dennis J. Whitson in the amount of $1,100.00 ($1,000.00 plus $100.00 investigative costs).
Dennis J. Whitson's request for remission was presented to the Committee on Civil Penalty
Remissions for consideration. Dennis J. Whitson did not request oral argument; therefore, his
request for remission was presented to the Committee on Civil Penalty Remissions based on his
written submissions and those of the Division of Water Quality.
Having considered the record and the factors set forth in N.C.G.S. §143B-282.1(b) and
(c), the Committee on Civil Penalty Remissions finds the facts contained in the Director's
Findings and Decision and Assessment of Civil Penalties as stipulated by Dennis J. Whitson, that
the Findings of Fact support the Conclusions of Law, and that the Director properly applied the
criteria set forth in N.C.G.S. §14313-282.1 in detennining the amount of the civil penalty. The
Committee further finds that there are no grounds shown for remission or reduction of the
penalty assessed by the Director for violation of the terms and conditions of NPDES Pen -nit

-2-
NC0079481 and N.C.G.S. § 143-215.65 for failing to submit the February 2007 Discharge
Monitoring Report for the treatment facility within the thirty day reporting period.
Upon duly made motion and vote, the Committee finds that the assessment of the civil
penalty and costs in the amount of $1,100.00 ($1,000.00 civil penalty plus $100.00 investigation
costs) should be upheld.
THEREFORE, IT IS ORDERED:
1. That the assessment of civil penalties and costs in the amount of $1,100.00 against
Dennis J. Whitson is AFFIRMED.
2. That this Final Decision and Order be served upon Dennis J. Whitson and upon
receipt hereof, the amount of $1,100.00 be paid to the Department.of Environment and Natural
Resources within thirty days as required by law.
This the %W day of October, 2008.
David oreau, Chairman
Civil Penalty Remission Committee

-3-
CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of the foregoing FINAL DECISION on
the parties listed below by the methods indicated:
Mr. Dennis J. Whitson
Harmony Estates WWTP
3800 Sugar Hill Road
Marion, N.C. 28752
Mr. Roger Edwards
DWQ Regional Supervisor
2090 US Highway 70
Swannanoa, N. C. 28778
This the i day of November, 2008.
CERTIFIED MAIL
RETURN RECEIPT
COURIER MAIL,
ROY COOPER
North Caroli a Attorney Ge eral
Francis W. Crawley
Special Deputy Attorney General
N.C. Department of Justice
P. O. Box 629
Raleigh, N.C. 27602
919/716-6600

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 20, 2008
CERTIFIED MAIL 7003 0500 0002 6819 2951
RETURN RECEIPT REQUESTED
Mr. Dennis J. Whitson
3800 Sugar Hill Road
Marion, NC 28752
SUBJECT: Request for Remission of Civil Penalty
Pursuant to N.C.G.S. 143-215.6A(f)
Harmony Estates WWTP
Case Number LR-2007-0014
NPDES Permit NCO079481
McDowell County
Dear Mr. Whitson:
Coleen H. Sullins, Director
Division of Water Quality
1
WATER QUALITY SECTION
ASHEVILLE REGIONAL- OFFICE
A 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, September 11, 2008.
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.
NorthCarolina
Natumllll
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.newatergualitv.ore Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper

Mr. Dennis J. Whitson
LR-2007-0014 CCPR Notification
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 of the of the statute regarding
the unauthorized practice of law has occurred.
Time and Location of Meeting
The Committee will convene at 11:00 a.m. or immediately following the closing of the regularly
scheduled business meeting of the Environmental Management Commission. The Committee meeting
will be held in the Crime Control & Public Safety Conference Room (Room G24), on the ground floor
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 11:00 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
Quality 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 call Bob Sledge of the Point Source Branch at
[phone].
Sincerely,
Coleen H. Sullins
enclosure
cc:s . villa Tebion 1 @ffice
Enforcement File
Central Files

u/-
O��F W'4 TFRQG Michael F. Easley, Governor
William G. Ross Jr., Secretary
rNorth Carolina Department of Environment and Natural Resources
p Coleen H. Sullins Director
Division of Water„Quality
September 14, 200.7 �_ 1
�CJ�Y
.
-I ir
CERTIFIED MAIL 7002-3150-0003-7052-9608
RETURN RECEIPT REQUESTED S (� 2 2007
I
Mr. Dennis J. Whitson WATER QuAI_ITY SECTION
3800 Sugar Hill Road ASHEVILLE REGIONAL CYIFIcE_ I
Marion, NC 28752 ^—
Subject: Remission Request of Civil Penalty Assessment
NPDES Permit Number NCO079481
Harmony Estates WWTP
McDowell County
Case Number LR-2007-0014
Dear Mr. Whitson:
I have considered the information submitted in support of your request for remission in accordance with
North Carolina General Statute (N.C.G.S.) § 143-215.6A(f) and have found no grounds to modify the
civil penalty assessment in the amount of $1100.00.
If you choose to pay the penalty, send payment to me at the letterhead address within thirty (30) days of
receipt of this letter. Please make your check payable to the Department of Environment and Natural
Resources (DENR).
If payment is not received within thirty (30) days of receipt of this letter, in accordance with N.C.G.S. §
143-215.6A(f), your request for remission of the civil penalty (with supporting documents) and my
recommendation to deny the request (with supporting documentation) will be delivered to the North
Carolina Environmental Management Commission's (EMC) Committee On Civil Penalty Remissions
(Committee) for final agency decision.
If you desire to make an oral presentation to the Committee on why your request for remission meets
one or more of the five statutory factors you were asked to address, you must complete and return the
attached form within thirty (30) days of receipt of this letter. Please mail the completed form to the
attention of Bob Guerra, NPDES Western Unit at the following address:
Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
N"oce
,�Carolina
'Naturally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ricwaterguality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An P—ol Onn—fitnifir/Affirmative Artinn Pmnlnvar— r00/ PPrvr1Pr1/100L. PnCt Cnn911mPr Pnnar

Your request for an oral presentation and the documents in this matter will be reviewed by the EMC
Chairman and, if it is determined that there is a compelling reason to require an oral presentation from
you, you will be notified by certified mail of the date, time, and place that your oral presentation can be
made. Otherwise, the final decision on your request for remission will be made by the Committee based
on the written record.
Thank you for your cooperation in this matter. If you have any questions about this letter, please contact
Bob Guerra at [phone], extension 539.
Sincerely,
4
L4�Sulli.
Coleen H. ns
attachment
r
cc: A.s'hevi�i�le Regional Office
Enforcemen file
Central Files

STATE OF NORTH CAROLINA
County of McDowell
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
HARMONY ESTATES NCO079481
ENVIRONMENTAL MANAGEMENT
COMMISSION
DWQ Case Number LR-2007-0014
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 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 minutes in length.
This the day of 120
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

• o f WArFR Michael F. Easley, Governor
Q William G. Ross Jr., Secretary
BOG North Carolina Department of Environment and Natural Resources
H. Sullins, Director
X�-nP_ Division of Water Quality
F1 r
Asheville Regional Office
dd6fy�lfata%1 rawfi•LSr:f.F i.,
SURFACE WATER PROTECTION SECTION
September 6, 2007
Mr. Dennis J. Whitson
3800 Sugarhill Road
Marion, NC 28752
SUBJECT: Compliance Compliance Inspection
Harmony Estates WWTP
Permit No: NCO079481
McDowell County
Dear Mr. Whitson:
Enclosed please find a copy of the Compliance Sampling, Inspection form from the
inspection conducted on August 31, 2007. The facility was found to be in compliance with
permit NC0079481.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff have any questions, please call me at 828-296-4662.
Sincerely,
a
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Phillip Pitman, ORC
271 Creed Pittman Road; Spruce Pine, NC 28777
Central Files
One
No thCarolina
,Vaturallt,
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 I NI 2 15I 3I NCO079481 111 121 07/08/31 117 181 sI 191 SI 20I_j
Remarks
21111111111111111111111111111111111111111111111116
Inspection Work Days. Facility Self -Monitoring Evaluation Rating B1 QA --------------------------- Reserved----- -------------- --
67I 1.0 169 701 31 711 I 721 N I 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)
10:00 AM 07/08/31
05/05/01
Harmony Estates WWTP
Exit Time/Date
Permit Expiration Date
NCSR 1765
Marion NC 28752
11:00 AM 07/08/31
09/12/31
Name(s) of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Dennis J Whitson,3800 Sugarhill Rd Marion NC 28752//828-738-3540/
Yes
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Operations & Maintenance 0 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/
Signature of Management Q A ReviewerAgency/Office/Phone and Fax Numbers Date
'—A Q a 7
e-VFXAL_ G-- 3 i &A(L
) EPA Form3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

NPDES yr/mo/day Inspection Type
3I N00079481 I11 12I 07/08/31 1
17 18Isl
(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 = 17.6 degrees Celcius
pH = 7.0 units
Dissolved Oxygen = 1.2 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 = 250 ml/I = 25%
Tip: Using the settleability test, the return sludge pumping rate is usually set so that the
flow rate is approximately equal to the percentage volumes occupied by the settleable solids
from the aeration basin after settling for 30 minutes in a settleometer. For example, a
settleability of 30% would generally indicate a recommended return sludge pumping rate of 30%.
Having the percent settleable solids (i.e. 30%) the same as the percent return sludge pumping
rate (i.e. 30%), allows for the solids balance in the plant to be maintained. If the plant
cannot handle that return sludge pumping rate, then wasting is probably recommended, unless
the sludge is too young.
The effluent data was as follows:
Dissolved Oxygen = 1.0 mg/I
pH = 7.0 units
Temperature = 15.6 degrees Celcius
Chlorine = <28 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 3-2-2006 by Starr Silvis and Jim Reid.
The permit expires on 12-31-2009. Please request a permit renewal 6 months prior to
expiration. A renewal notice will be mailed as a reminder.
The log book had good notation of daily events.
Page # 2

Permit: NCO079481
Inspection Date: 08/31/2007
Operations & Maintenance / Summary:
Owner - Facility: Harmony Estates WWTP
Inspection Type: Compliance Sampling
Note: The first basin is being used as an aerated surge tank and is pumped monthly to
remove excess solids, debris and grease deposited by the mobile home residents.
The effluent appeared to be clear, indicating compliance with permit limits.
The operator was on -site during the inspection and is doing a excellent job.
The facility is in need of several maintenance items:
Note: The facility was recently vandalized. Buckets of chemicals, debris and metal
grates were thrown into the plant. There was no evidence of forced entry. Chemicals
have been removed from the plant, as well as the logbook, and are kept in the operator's
vehicle.
There are no steps or handrails to access the plant that sits above ground.
At the present, there is only a steep hill to climb that is often muddy and slippery
even in good weather. This is a safety hazard.
Opon reaching ground level at the top of the plant, there are no steps or handrails
to access the two aeration basins (one on either side). There are no handrails on top
of the aeration basins to prevent falling. This is a safety hazard.
Steps and handrails need to be installed at all three places.
The motors and blowers are operational, however the operator received an electric shock
while attempting to manually switch them on to get a dissolved oxygen reading. This is
a very serious safety hazard. Immediate attention to this matter is needed. The owner is
liable for all safety violations, injuries and OSHA fines.
The facility should be cleaned and painted to prevent further corrosion.
The bars in the bar screen need to be closer together to keep unwanted debris out of
the plant. Recommend 3/4 inch apart.
The facility needs to provide a refrigerated, flow -proportional, composite sampler.
Access to the downstream monitoring point needs to be cleared of vegetation and maintained
so that weekly monitoring may be performed, as required by the permit.
Page # 3

Permit: NCO079481 Owner - Facility: Harmony Estates WWTP
Inspection Date: 08/31/2007 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
ri
■
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:
.. V-- AI.. AIA KIC
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?
■
❑
❑
n
Is the unit in good condition?
■
n
n
n
Comment: Bars in the bar screen need to be closer together. Recommend 3/4 inch
apart.
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
n
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
n
n
Is the site free of excessive buildup of solids in center well of circular clarifier?
n
Cl
■
Cl
Page # 4

Permit: NCO079481 Owner - Facility: Harmony Estates WWTP
Inspection Date: 08/31/2007 Inspection Type: Compliance Sampling
Secondary Clarifier
Yes
No
NA
NE
Are weirs level?
®
n
n
n
Is the site free of weir blockage?
■
n
n
n
Is the site free of evidence of short-circuiting?
■
❑
n
n
Is scum removal adequate?
■
n
n
Is the site free of excessive floating sludge?
■
n
Cl
n
Is the drive unit operational?
n
n
■
❑
Is the return rate acceptable (low turbulence)?
■
❑
❑
n
Is the overflow clear of excessive solids/pin floc?
■
n
n
n
Is the sludge blanket level acceptable? (Approximately '/< of the sidewall depth)
■
n
n
n
Comment:
Disinfection -Tablet
Yes
No
NA
NE
Are tablet chlorinators operational?
■
n
n
n
Are the tablets the proper size and type?
■
n
n
n
Number of tubes in use?
1
Is the level of chlorine residual acceptable?
■
❑
n
III
Is the contact chamber free of growth, or sludge buildup?
■
n
n
n
Is there chlorine residual prior to de -chlorination?
■
n
n
n
Comment:
_
V.
u
uA
u=
Type of system ? Tablet
Is the feed ratio proportional to chlorine amount (1 to 1)? ■ n n f_l
Is storage appropriate for cylinders? ❑ n ■
# Is de -chlorination substance stored away from chlorine containers? ■ n n n
Comment:
Are the tablets the proper size and type?
■
Cl
n
n
Are tablet de -chlorinators operational?
■
n
n
n
Number of tubes in use?
1
Comment:
Operations & Maintenance
Yes
No
NA
NE
Is the plant generally clean with acceptable housekeeping?
■
Cl
n
n
Page # 5

1' ,
Permit: NCO079481
Inspection Date: 08/31/2007
Owner - Facility: Harmony Estates WWTP
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 ■ rl rl
Judge, and other that are applicable?
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ ❑ Q Q
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:
■0D0
■ ❑
Page # 6

Michael F. Easley, Governor
William G. Ross Jr., Secretary.
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
SURFACE WATER PROTECTION SECTION; �.
a
s
t
1 L
September 4, 2007
Dennis J Whitson
3800 Sugarhill Rd
Marion, NC 28752
SUBJECT: Wastewater Collection System
Owner & Operator Requirements
Harmony Estates WWTP
NCO079481
McDowell County
Dear Mr. Whitson:
I would like to take this opportunity to discuss the requirements for sewerage collection
systems that were first established in 15 NCAC .02H .0200 in March 2000 and are now found in
15 NCAC 2T .0403, Waste Not Discharged to Surface Waters, which became effective
September 1, 2006. These Regulations place significant operation, maintenance and reporting
requirements on those entities that own or operate a wastewater collection system with average
daily flows of less than 200,000 gallons per day.
These regulations are applicable to your facility. This letter is provided as guidance
to assist you in complying with the new reporting and operations and maintenance (O&M)
requirements and to advise you that you are subject to system review, inspections and possible
enforcement, if the system is not in compliance with the regulation.
For your convenience and easy reference, a highlight of these requirements and the
following guidance are offered (see enclosed). You may find the regulations using the following
web site: http://h2o.enr.state.ne.us/peres/Collection%2OSystems/CollectionSVstemsHome.html
The Asheville Regional Office will be increasing the level of oversight, compliance
activities and enforcement relating to collections systems, therefore, we wanted to be sure you
are aware of the requirements for these systems. We will be performing NPDES Wastewater
Collection System inspections sometime in the near future.
One
NorthCarolina
,Natlrrally
North Carolina Division of Water Quality 2090 US Hwy 70; Swannanoa, NC 28778 Phone [phone]
Internet: www..ncwaterquality.org Customer Service 1-877-623-6748 FAX [phone]
An Equal Opportu' 'ty/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

September 4, 2007
Page 2 of 2
If this Office has not previously inspected your wastewater collection system and records
of same, you should be prepared to demonstrate compliance with all criteria listed above.
Enclosed is an inspection form that you can use to assemble your records prior to an inspection
by the staff of this office.
This Office has a Wastewater Treatment Plant Consultant on staff to offer assistance to
you in complying with the requirements of these regulations. Should you have questions or
need additional information regarding this issue, please contact Don Price at [phone].
Should you have any other questions concerning this correspondence or the
requirements relating to collection systems, please contact Roy Davis or Keith Haynes at 828-
296-4500.
Sincerely,
Roger C. Edwards, Supervisor
Surface Water Protection Section
cc: Deborah Gore - PERCS Unit - w/out enclosures
'rb-VVh� — Gentra1 Urnce f iles - w/out enclosures

�il c,
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 14, 2007
Mr. Dennis Whitson
Harmony Estates LR-2007-0014
3800 Sugar Hill Road
Marion, NC 28752
Subject: Remission Request of Civil Penalty Assessment
Harmony Estates WWTP
NPDES Permit NC-0070481
McDowell County
Case Number LR-2007-0014
Dear Mr. Whitson:
Coleen H. Sullins, Director
Division of Water Quality
This letter is to acknowledge the receipt and of your request for remission of the civil penalties levied
against the subject entity. Your request will be placed on the agenda of the Director's next scheduled
enforcement conference and you will be notified of the result.
If you have any question or I can be of further assistance about this matter, please contact me at (919)
733-5083, extension 539.
Sincerely,
Robert Guerra, Western Region NPDES
Point Source Branch
Cc: Asheville Regional -Office
Enforcement file w/originals
Central Files
EUG 2007 /
�r
4' WATER QUALITY SECTION
' ASHEVILLE REGIONAL OFFICE
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone]
Internet: www.ncwaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
o e NCarolina
NwUmi!y
Customer Service
1-877-623-6748
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

�0 W A rFi9 p 9 • Michael F. Easley, Governor
_0 f 1 . William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Q Alan W. Klimek, P.E. Director
Division of Water Quality
May 15, 2007
CERTIFIED MAIL 7002 3150 0003 7052 9387
-RETURN RECEIPT REQUESTED
MAY 1 8 2007
Mr. Dennis J. Whitson
3800 Sugar Hill Road
Marion, NC 28752 WATER QLV*,,LITY SECTION
ASHEVII_LE REGIONAI. OFFICE
Subject: Assessment of Civil Penalty for Violations of Reporting Requirements
NPDES Permit NCO079481
Harmony Estates WWTP
Case Number LR-2007-0014
McDowell County
Dear Mr. Whitson:
This letter transmits notice of a civil penalty assessed against Harmony Estates WWTP in the amount of $2100.00
,($2000.00 civil penalty + $100.00 in enforcement costs).
This assessment is based upon the following facts: the July 2006, August 2006 and February 2007 discharge
monitoring reports (DMR) were not filed with the Division of Water Quality within the thirty (30) day reporting
period in accordance with the monitoring and reporting requirements contained in your NPDES permit. A Notice
of Violation (NOV) 2006-LR-0070 was sent to you dated September 27, 2006, received on October 3, 2006, for
failure to submit the July 2006 DMR.-A Civil Penalty Assessment LR-2006-0035 was sent to you dated October
23� 2006, received on 10-24-06, for failure to submit the August 2006 DMR. Within each of these Notices, you
were informed that future reports not received within the required timeframe would result in.a recommendation for
assessment of civil penalties.
Based upon the above facts, I conclude as a matter of law that Harmony Estates WWTP, violated or failed to act
in accordance with the requirements of NPDES Permit NCO079481 and G.S. 143-215.65. A civil penalty of not
more than $25,000.00 per violation may be assessed against a person who fails to file, submit, or make available
any documents, data, or reports required by G.S. 143-215.65. The State's enforcement costs in this matter may
be assessed pursuant to G.S. 143-215.3(a)(9) and G.S. 143-282.1(b)(8).
Based upon the above findings of fact and conclusions of law, and pursuant to the authority delegated to me by
the Secretary of the Department of Environment and Natural Resources and the Director of' the Division of Water
Quality, I hereby make the following civil penalty assessment against Columbia Forest Products WWTP:
$ $2000.00 for failing to submit the February 2007 Discharge Monitoring Report as required
by NPDES Permit NC0079481 and G.S. 143-215.65:
$ $100.00 Investigation Costs
$ $2100.00 TOTAL AMOUNT DUE
o
ne
fth�
Caro ina
. turally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwaterAuality.ors Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

Pursuant to G.S. 143-21.5.6A(c), in determining the amount of.the-penalty,-1 have taken into account the Findings of
Facts and Conclusions of Law and have considered each and every specific factor 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 public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on the 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 Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification for
such request.
A request for remission or mitigation is limited to consideration of the reasonableness of the
amount of the penalty and is not the proper procedure for.contesting the accuracy of any of the
statements contained in the assessment letter. 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 that there are no factual or legal issues in dispute. You
must execute and return to this office the attached waiver and stipulation form and a detailed
statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please submit this information to the attention of:
Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Please note that all information presented in support of a request for remission must be submitted
in writing. The Director of the Division of Water Quality will review the information during a
bimonthly enforcement conference and inform you of his decision in the matter of the remission
request. His response will provide details regarding case status, directions for payment and
provision for further appeal of the penalty to the Environmental Management Commission's
Committee on Civil Penalty Remissions. Please be advised that the Committee cannot consider
information that was not part of the original remission request considered by the Director and
therefore, it is very important that you prepare a complete and thorough statement in support of
your request for remission.
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must request an administrative
hearing. This request must be in the form of.a written petition to the Offic6of Administrative Hearings
and must conform to Chapter 150B of the North Carolina General Statutes. You must:
File your original petition with the `_
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
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 days as evidenced by a date stamp (not a postmark)
indicating when we received your response, will result in this matter being referred to the Attorney General's
Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments
may be levied for violations that occur after the review period of this assessment.
If you have any questions concerning this matter, please contact Mr. Bob Guerra at [phone],
extension 539.
Sincerely,
an A. Wilson, P.E., Supervisor
Western NPDES Program
Attachments
co:PA�ROgS a lNater�Protecti attachments)
Enforcement File w/attachments
Central Files w/attachments

STATE OF NORTH CAROLINA
COUNTY OF MARION
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
HARMONEY ESTATES, WWTP
NPDES PERMIT NCO079481
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LR-2007-0014
Having been assessed civil penalties totaling $2100.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated May 15, 2007 , the undersigned,
desiring to seek remission of the civil penalties, does hereby waive the right to an administrative
hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment
document. The undersigned further understands that all evidence presented in support of remission
of this civil penalty must be submitted to the Director of the Division of Water Quality within 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. , 2007.
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LR 2007-0014 County: Marion
Assessed Party: Harmony Estates, WWTP
Permit Number: NCO079481 Amount Assessed: $2100.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission Waiver of Rijzht to an Administrative Hearin, 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-2823(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 penally 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:

y �CF W A TF9p Michael F. Easley, Governor
`Q G William G. Ross Jr., Secretary
fOr North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 31, 2006
Dennis J. Whitson
3800 Sugar Hill Rd.
_Marion, NC 28752
Subject: NPDES Permit Modification
Permit NCO079481
Harmony Estates WWTP
formerly Harmony Estates, Inc.
McDowell County
Dear Mr. Whitson:
Division personnel have reviewed and approved your request to transfer ownership of the subject permit,
received on August 15, 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 or 350. _
Sincerely,
I
Alan W. Klimek, P.E.
cc: Central Files
Asheville Regional_Office,.Surface Water_Ptotection_�
NPDES Unit File
fit: .. _.. .. .. ...... ..-... r...,. ... �......... ,..., . .
r
- 52006
UALITY SECTION
REGIONAL OFFICE
No ` Carolina
Niurally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet h2o.enr.statem.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

d
Permit NCO079481
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,
Dennis J: Whitson
is hereby authorized to discharge wastewater from a facility located at the
Harmony Estates WWTP
NCSR 1765
Marion
McDowell County
to receiving waters designated as an unnamed tributary to North Muddy Creek in .
the Catawba 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 August 31, 2006.
This .permit and authorization to discharge shall expire at midnight. on December 31, 2009.' .
Signed this day August 31, 2006.
l
17
f�+-- an W. Klimek, P.E., Director
Division of Water Quality _
By Authority of the Environmental Management Commission
9

Permit NCO079481
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.
Dennis J. Whitson, is hereby authorized to: -
1. Continue to operate anexisting 0.020 MGD wastewater treatment facility with
the following components: -
♦ Bar screen
♦ Equalization tank
♦ Dual grinder pumps
♦ Aeration tank
♦ Clarifier
♦
Sludge holdingtank
♦ Chlorination and dechlorination equipment
-Flow meter (totalizer)
'This facility is located east of Marion at the Harmony Estates WWTP on NCSR
1765 in McDowell County.
2. After receiving an Authorization to Construct from the Division, construct and
operate a 0.040 MGD wastewater treatment system.
3. Discharge from said treatment works at the location specified on the attached
map into an unnamed tributary to North Muddy Creek, classified C waters in the
Catawba River Basin:

^i - O I ♦ aA
t � 1/ J i
I (;
IgC�1pgGE FuI
1 moo_
3948
1-0
'� __. J )/� �.�, �'j - •'\ �\� 1 � �i�.• `\ 11 � /• J / �
r9ueo
1(i ` _ ��.• o Cam
/.V ! / \ \ . ar Grwe\ Cem /r / \��. 1' 7947
7.
3946
\ / 0\
_ , •, ��� _ ---� � , d -ice �: -• I' 2.
q.
3' n • / N. \ Dix n I
11 �•
Llt Vie- N,trr�
41
60
- 1945
Latitude: 35*40'28"
Longitude: 81'53'39"
Receiving Stream:
UT North Muddy Creek
Quad #: E11NW
Stream Class: C
Subbasin: 30830
NC0079481.
Harmony -Estates
WWTP
Facility 5--�,
=fix. '��•';' =•Y: /
Location
I{/pRTH SCALE 1:24000

Permit NCO079481
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[0.020 MGD]
During the -period beginning on February 1, 2005 and lasting until expansion above 0.020 MGD, the
Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the
Permittee as specified below:
PARAMETER -
LIMITS
MONITORING REQUIREMENTS
Monthly
Avera e_ .
Daly
Maximum
Measurement
Frequenc
Sample;;
T e
Sample Locatloni
Flow
0.020 MGD
Continuous
Recording
Influent or Effluent
BOD, 5-day (20°C)
30.0 mg/L
45.0 mg/L
Weekly
Composite
Effluent
Total Suspended Solids
30.0 mg/L
45.0 mg/L
Weekly
Composite
Effluent
NH3 as N
(April 1-- October 31
2.0 mg/L.
10.0 mg/L
Weekly
Composite
Effluent
NH3 as N
November 1— March 31
4.0 mg/L
20.0 mg/L
Weekly
Composite
Effluent
Fecal Coliform
(geometric mean
200 / 100 ml
400 / 100 ml
Weekly
Grab
Effluent
Dissolved Oxygen2
Weekly
Grab
Effluent,
Upstream & Downstream
Total Residual Chlorine
28 Ng/L
Meek
Grab
Effluent
Temperature CC) .
Weekly
Grab
Effluent,
U stream & Downstream
pH
> 6.0 and < 9.0 standard units
Weekly
Grab
Effluent
Footnotes:
1. Upstream = at least 100 feet upstream from the outfall.. Downstream = at least 30.0 feet downstream from
the outfall. -
2. The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/L.
There. shall be no discharge of floating solids or visible foam in other than trace amounts.

i 4 1
Permit NC0079481
A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[0.040 MGD]
During the period beginning after expansion above 0.020 MGD-and lasting until expiration, the Permittee is
authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as .
specified below:
PARAMETER .,
LIMIT$
MONITORING REQULREMENTS
Monthly
Average';
Weekly; .
Average
y Measurement
Frequenc
Sample::
Type
Sample Locations =
Flow
0.040 MGD
Continuous
Recording
Influent or Effluent
1301), 5-day (20°C)
30.0 mg/L.
45.0 mg/L
Weekly.
Composite
Effluent
Total Suspended Solids
30.0 mg/L
45.0 mg/L
Weekly
Composite
Effluent .
NH3 as N
(April 1— October 31
2.0 mg/L
10.0 mg/L
Weekly
Composite
Effluent
NH3 as N
November 1— March 31
4.0 mg/L
20.0 mg/L
Weekly
Composite
Effluent
Fecal Coliform
eometric mean
200 / 100 ml
400 / 100 ml
Weekly
Grab
Effluent
Dissolved Oxygen2
Weekly
Grab
Effluent,
Upstream & Downstream
Total Residual Chlorine -
28 Ng/L
2/Week
Grab
Effluent
Temperature (°C)
Weekly
Grab
. Effluent,
U stream Downstream
pH
> 6.0 and < 9.0 standard units
Weekly
Grab
EffluentF .
Footnotes:
1. Upstream = at least 100 feet upstream from the outfall. Downstream = at least 300 feet downstream from
the outfall.
2. The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/L.
ible foam in other than trace amounts.
There shall be no discharge of floating solids or vis

r
dl
1 5 2005
August 11, 2005
i
V-,'A'i =F Q LITY -10iJ' j
t
.GIChU;i_ Or` ICE
Mr. Roger Edwards, Regional Engineer
Surface Water Protection Section
NC Division of Water Quality
2090 U.S. Highway 70
Swannanoa, NC 28778
Dear Mr. Edwards:
Thank you for your letter dated July 27, 2005 regarding the Compliance
Evaluation Inspection of Harmony Estates Wastewater Treatment Plant (NC0079481)
conducted on June 20, 2005.
Listed below is an item by item response to the deviations noted in the report.
1. Facility condition — We agree with your evaluation that some renovation is
needed. The owner, Mr. Leroy Dixon, wants to advise you that improvements
will be made such as painting, rust removal, etc. As your office may know,
Hydrologic, Inc. of Asheville, NC supplied, installed, and placed into
operation the used treatment plant several years ago. It is common practice
for units of this type to be approved and installed; they are often installed with
immediate maintenance needs. We will do our best to improve the current
conditions.
In addition, negotiation is occurring with a utility company to assume
ownership of the water and sewer system. If you know of a potential buyer,
please let us know.
2. Flow meter — At the time of the inspection, the facility was experiencing zero
flow conditions. We have checked the meter and it seems to be working
satisfactorily. The annual service and calibration will be performed on its
regular schedule.
3. Operator logbook — At the time of inspection, the logbook was removed from
the facility to prepare DMR's.
I hope this response addresses the concerns of the evaluator, and if I can be of
further assistance, please let me know.
Sincerely,
Jonathan Gragg, ORC
cc: Leroy Dixon

I IA f )A
7
-Cli
I
IM

0� WATE9 Michael F. Easley
�, pp Governor
0� r N�CDENR William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
July 2, 2004
C. Leroy Dixon
President
29411 Petunia Drive
Easton, MD. 21601
Subject: Receipt of permit renewal application
NPDES Permit NCO079481
Harmony Estates, Inc.
McDowell County
Dear Mr. Dixon:
The NPDES Unit received your permit renewal application on July 1, 2004. A member of the NPDES Unit
will review your application. That staff member 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. The requirements in your existing permit will remain in effect until the permit is renewed (or
the Division takes other action).
If you have any additional questions concerning renewal of the subject permit, please contact me at (919)
733-5083, extension 520.
cc: CENTRAL FILES
ev�lle-Reg offal Office/Vtlater-_Quality-Section's
NPDES TJn`it Y
Sincerely,
V
bj
Carolyn Bryant
Point Source Branch
®EE
J U -- 8 2004 "n
WATER QUALITY SECTION
ASHFVILLE REGIONAL OFFICE
N. C. Division of Water Quality 1 NPDES Unit Phone: [phone] Fax: [phone]
1617 Mail Service Center, Raleigh, NC 27699-1617 DENR Customer Service Center: 1 800 623-7748
Internet: h2o.enr.state.nc.us e-mail: Carol [e-mail]

�' - I J-1, m*-
d
TOJ
/y P

�$asuoslP Pauffi
43d HOJ V Ly"`
NPDES APPLICATI FOR PERNUT RENEWAL SHE T FORM D
To be filed only by privately -owned dischargers of 100% domestic wastewater (<1 MGD flow)
z N. C. Department of Environment and Natural Resources
Division of Water Quality / NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
http://h2o.enr.state.ne.us/NPDES/
North Carolina NPDES Permit Number I NC00�
Please print or type
1. Contact Information:
Facility Name
Owner Name
Street Address
city
State / Zip Code
Telephone Number
Fax Number
e-mail Address
Operator Name
Street Address
City
State / Zip Code
County
Telephone Number
d •.� arMl
2. Location of facility producing discharge:
Check here if same as above
Facility Name (if different from above)
Street Address or State Road
city
State / Zip Code
County
3. Reason for application:
Expansion/Modification ' Existing Unpermitted Discharge
Renewal New Facility
Provide a description of the expansion/modification:
Version IM2

0• DescriptipA Of We6teWater kheck all that apptcj):
�► )e of Facility Generating wastewater
Industrial ----
Commercial --
Residential
School
Other
Number of Employees
Number of Employees
Number of Homes
Number of Students/Staff
Describe the source(s) of wastewater (example: subdivision, mobile home park, etc.):
/tl i
6. List all permits. construction approvals and/or applications (check all that apply):
�e
RCRA Permit Number
UIC
NPDES
PSD
N ESHAPS
I� I Permit Number
Non -Attainment
Ocean Dumping
Dredge/Fill Permits
Other
7. Number of separate wastewater discharge pipes (wastewater out falls):
8. If the facility has multiple discharge outfalls. record the source
outfall: (s) of wastewater for each
9• Name of receiving stream(s) (Provide a map shoujir(the location o exact l
,f� each outfall):
��' � •i"s'!l ��JA � � �lI • �•wr�1. : S�� i ,.. 7LL . � �w tf • rl
It
Page 2 of 3

1
ww
lo
r
s
n
-18fib� oo �) N
S1 Cr, d A/

. NPI$FS APPLICATION FOR PE RMT1RENdEwe SH stic wastewater� 1 M D flow)
To be filed only by privately owned dischargers
10. Is this facility located an Native American lands? (check one)
YES ❑ NO X
d that
I certify that I am familir with the information contained in the knowledge e and belief such information is true, complete.cand accation urate - to
the best of my f3
(f , L a Yoe y 0 go -Al
Printed Name of Person Signing
�,/
S CEIV / lM B� fit, �S �Iv�
Title
C�sate Signed
Signature o Applic n
North Carolina General Statute 143.215.6(b)(2) provides that: Any person who knowingly makes any false statement
representation, or certification in any application, record, report, plan, or other document flies 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 $10,000, 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 $10,000 or imprisonment not more than 5 years, or both for a
similar offense,)
Version 12102
Pana 3 nl 3

in
g okAj
i l ,` •lam •` 'i- _% •` ../ ,ij ' `f, ��i /%26�. � •`�`,��.\ C9
4. / / / 3949
too
— � `1ti 1 :� J lO'y 1 � � r � � • � l � ��,\` ' Lam_ ,
,,``�' .i i �' f'•';� ,�`..��-. %ate. \ • ` �� `\ n�` ,.�. � �:
_.......... . . POINT
(/ ^ / - •�V.
40,`'
rdve
���'•/ °o / .� gas? �� \�',P � `."-.vim\..�—•� � /41 ` � •.\l
7 - _ i� ,� �' �_.\� - ` �f ,�,� / ' .ram �� % •�� '
NA
kz
3945
libso
_ •O � .' l , „ ,�/ter ;i/;;'
J
tivy�
r l D n,
,
,o Ilveertsville Ch
50
• n

NCDENR
North Carolina Department of Environment and Natural Ri
Division of Water Quality
Michael F. Easley, Governor Wi
December 17, 2004
Mr. C. Leroy Dixon
Harmony Estates, Inc.
29411 Petunia Drive
Easton, Maryland 21601
Subject: Issuance of NPDES PermitN ..0.7-948�.1
Harmonyastates V11WTP�
McDowell County
Dear Mr. Dixon:
Division personnel have reviewed and approved your application for renewal of the subject permit.
Accordingly, we are forwarding the attached NPDES discharge permit. 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 May 9, 1994 (or as subsequently
amended) .
This final permit includes one major change from the draft permit sent to you on October 27, 2004:
➢ Daily monitoring for TRC has been removed from the 0.04 MGD effluent page. TRC monitoring
will be conducted 2/Week year-round at the expanded flow.
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], extension 511.
Sincerely,
AIGINAL SIGNED BY
"L)SAN A. WILSON
Alan W. Klimek, P.E.
cc: Central Files
yAsheville Regional Office/Water Quality Seetion
NPDES Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 North Salisbury Street, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
=FICE
NorthCarolina
Naturally

Permit NCO079481
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PF.RMTT
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,
Harmony Estates, Inc.
is hereby authorized to discharge wastewater from a facility located at the
Harmony Estates WWTP
NCSR 1765
Marion
McDowell County
to receiving waters designated as an unnamed tributary to North Muddy Creek in
the Catawba 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 February 1, 2005.
This permit and authorization to discharge shall expire at midnight on December 31, 2009.
Signed this day December 17, 2004.
JRIGINAi. SIGNED u
SUSAN A. VVILSON
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission

•
I
Permit NCO079481
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 authorityto operate and discharge from this facility arises under the permit conditions, requirements,
terms, and provisions included herein.
Harmony Estates, Inc., is hereby authorized to:
1. Continue to operate an existing 0.020 MGD wastewater treatment facility with
the following components:
♦ Bar screen
♦ Equalization tank
♦ Dual grinder pumps
♦ Aeration tank
♦ Clarifier
♦ Sludge holding tank
♦ Chlorination and dechlorination equipment
♦ Flow meter (totalizer)
This facility is located east of Marion at the Harmony Estates WWTP on NCSR
1765 in McDowell County.
2. After receiving an Authorization to Construct from the Division, construct and
operate a 0.040 MGD wastewater treatment system.
3. Discharge from said treatment works at the location specified on the attached
map into an unnamed tributary to North Muddy Creek, classified C waters in the
Catawba River Basin.

Latitude: 35'40'28"
Longitude: 81'53'39"
Receiving Stream:
UT North Muddy Creek
Quad #: EI INW
Stream Class: C
Subbasin: 30830
NCO079481
Harmony Estates
VVVVTP
Facility,
Location
SCALE 1:24000

•
Permit NCO079481
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[0.020 MGD]
During the period beginning on February 1, 2005 and lasting until expansion above 0.020 MGD, the
Permittee is authorized to discharge from outfall. 001. Such discharges shall be limited and monitored by the
Permittee as specified below:
.PARAMETER .
.
eF
;` LIMITS :"'
MONITORING REQUIREMENTS
"
Monthly
. .
Average.
Daily -
Maximum
Measurement
_ Frequency
Sample ..,-
"Type°
Sample Lo 'cation
Flow
0.020 MGD
Continuous
Recording
Influent or Effluent
BOD, 5-day (209C)
30.0 mg/L
45.0 mg/L
Weekly
Composite
Effluent
Total Suspended Solids
30.0 mg/L
45.0 mg/L
Weekly
Composite
Effluent
NH3 as N
(April 1 — October 31
2.0 mg/L
10.0 mg/L
Weekly
Composite
Effluent
NH3 as N
(November 1 — March 31
4.0 mg/L
20.0 mg/L
Weekly
Composite
Effluent
Fecal Coliform
(geometric mean)
200 / 100 ml
400 / 100 ml
Weekly
Grab
Effluent
Dissolved Oxygen2
Weekly
Grab
Effluent,
Upstream & Downstream
Total Residual Chlorine
28,ug/L
2/Week
Grab
Effluent
Temperature (°C)
Weekly
Grab
Effluent,
Upstream & Downstream
pH
> 6.0 and < 9.0 standard units
Weekly
Grab
Effluent
Footnotes:
1. Upstream = at least 100 feet upstream from the outfall. Downstream = at least 300 feet downstream from
the outfall.
2. The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/L.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

Permit NCO079481
A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[0.040 MGD)
During the period beginning after expansion above 0.020 MGD and lasting until expiration, the Permittee is
authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as
specified below:
PARAMETER '
' `. 1INIITS
- MONITORING REQUIREMENTS
Monthly
Average
Weekly
Average.
Measurement
Frequency
Sample
Type
Sample Location!
Flow
0.040 MGD
Continuous
Recording
Influent or Effluent
BOD, 5-day (202C)
30.0 mg/L
45.0 mg/L
Weekly
Composite
Effluent
Total Suspended Solids
30.0 mg/L
45.0 mg/L
Weekly
Composite
Effluent
NH3 as N
(April 1 — October 31)
2.0 mg/L
10.0 mg/L
Weekly
Composite
Effluent
NH3 as N
November 1 — March 31
4.0 mg/L
20.0 mg/L
Weekly
Composite
Effluent
Fecal Coliform
(geometric mean)
200 / 100 ml
400 / 100 ml
Weekly
Grab
Effluent
Dissolved Oxygen2
Weekly
Grab
Effluent,
Upstream & Downstream
Total Residual Chlorine
28 Ng/L
2/Week
Grab
Effluent
Temperature (°C)
Weekly
Grab
Effluent,
U stream & Downstream
pH
> 6.0 and < 9.0 standard units
Weekly
Grab
Effluent
Footnotes:
1. Upstream = at least 100 feet upstream from the outfall. Downstream = at least 300 feet downstream from
the outfall.
2. The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/L.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

A
SPILL RESPONSE PLAN EVALUATION
1. Do you have a current 24 hour contact list which includes phone numbers of key personnel and/or
contractors? X Yes No (If Yes, please attach)
2. Do you have an equipment list which includes what functional equipment is available and where it is
located? X Yes No (If Yes, please attach)
3. Do you have the staff resources to make an on -site assessment of a spill with in two hours of notification
of the spill? X Yes No (If No, please explain below)
4. Please list your standard spill response procedures: Sze attached
5. Is your spill response plan readily available to all essential personnel? X Yes No
If No, please explain why:
6. Are all essential personnel familiar withothe spill response plan and clearly understand its contents?
If No, please explain why:

WATER,QUALITY SERVICES, LABS
PO Box 1102 Banner Elk, NC 28604
Phone [phone] Fax [phone]
24 HOUR CONTACT LIST
CONTACT
TITLE
COMPANY
PHONE
FAX
LeRoy Dixon
Owner
PERMITTEE
410-956-1064
Larry Townsend
OPERATOR
WATER QUALITY
28-898-9212
828-7 33-314
SERVICES
RUSTY TRAMMEL
DIRECTOR
WATER QUALITY
[phone]
[phone]
SERVICES
PAUL ISENHOUR
COLLECTION SYSTEM'
WATER QUALITY
[phone]
SUPERVISOR
SERVICES
A-1
DON RICHARDSON
OWNER
APPALACHIAN
[phone]
PUMPING
CHARLES CHURCH
OWNER
CHURCH
[phone]
PUMPING
STEVE GILLIAMS
OWNER
GILLIAMS
[phone]
CONSTRUCTION

WATER QUALITY SERVICES, LABS
PO Box 1102 Banner Elk, NC 28604
Phone [phone] Fax [phone]
EMERGENCEY EQUIPMENT LIST
EQUIPMENT
LOCATION
CONTACT
WATER QUALITY SERVICES
RUSTY
3„ MUD PUMP
OFFICE
TRAMMEL
WATER QUALITY SERVICES
RUSTY
GASOLINE
OFFICE
TRAMMEL
HAND TOOLS
WITH OPERATOR
OPERATOR
BACKHOE
GILLIAMS COSTRUCTION
STEVE
GILLIAMS
PUMP TRUCK
A-1 APPALACHIAN PUMPING
DON
RICHARDSON

WATER QUALITY SERVICES, LABS
PO Box 1102 Banner Elk, NC 28604
Phone [phone] Fax [phone]
SPILL RESPONSE PLAN
STEP 1: RECEIVE NOTIFICATION ABOUT SPILL.
STEP 2: CONTACT OPERATOR OF PLANT CORRESPONDING TO COLLECTION SYSTEM.
STEP 3: OPERATOR GOES TO SPILL SITE TO MAKE AN ASSESSMENT OF THE SPILL.
STEP 4: OPERATOR CONTACTS WQS OFFICE TO GIVE AN UPDATE ABOUT SPILL.
STEP 5: PEOPLE AND EQUIPMENT ARE GATHERED TO STOP SPILL.
STEP 6: SPILL IS CONTAINED.
STEP 7: CLEANUP OF SPILL SITE, LIME WILL BE APPLIED.
STEP 8: CONTACT DIVISION OF WATER QUALITY AT CORRESPONDING REGIONAL OFFICE
WITHIN 24 HOURS OF FIRST NOTIFICATION OF THE SPILL.

September 24, 2013
Mr. G. Landon Davidson
Regional Supervisor
Water Quality Section/Asheville
NC Division of Water Resources
2090 U.S. Highway 70
Swannanoa, NC 28778
Dear Mr. Davidson:
Thank you for your letter dated September 11, 2013 regarding violation tracking # NOV-
2013-LV-0521 for Harmony Estates WWTP (NC0079481).
In reference to the violations outlined in your letter for the month of June 2013, a severe
thunderstorm which occurred the weekend of June 15/16 destroyed much of the electrical system
at the plant. Blower motors and other equipment was totally repaired by June 20, 2013.
However, due to permit requirements, water quality sampling needed to be performed during the
maintenance period. As a result of the damage, the plant was unable to function properly.
Plant recovery began immediately after repairs were completed, and only ammonia
nitrogen remained non -compliant the following week.
Since the incident, the ORC has been making weekend visits to the plant as an extra
operational precaution.
Overall the facility has maintained a good compliance record over the years, and has a
well -qualified operator. Thousands of dollars are spent each year maintaining the facility.
I hope you will favorably consider this response when making your decision about
enforcement action.
Sincerely, t
ennis J. Wh' n, Owner
Harmony Estates WWTP
OCT =? 2013
bWQ/Surface Water
Asheville Re Protection Section
gional Office

NC RF&
North Carolina Department of Environment and Natural. Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Dennis J. Whitson
Harmony Estates WWTP
3800 Sugarhill Road
Marion, North Carolina 28752
Dear Mr. Whitson:
September 11, 2013
7012 1010 0002 1967 6537
Subj ect: Notice of Violation and
Recommendation for Enforcement
Tracking #: NOV-2013-LV-0521
Harmony Estates WWTP
NPDES Permit No. NCO079481
McDowell County
John E Skvarla, III
Secretary
A review of the June 2013 self -monitoring report for the subject facility revealed violations of the
following parameters:
Date
Outfall
Parameter
Reported Value
Permit Limit
06/18/2013
06/18/2013
001
001
BOD
Fecal coliform
52.8 mg/ 1
560 #/ 100
45 m / 1
g
06/18/2013
001
Ammonia nitrogen
g
ml
19.4 mg/ 1
400 #/ 100 ml
10 mg/ 1
06/30/2013
001
Ammonia nitrogen
5.72 mg/1
2 mg/ 1
06/18/2013
001
TSS
48.3 mg/ 1
45 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. NCO079481.
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 June 2013 Discharge Monitoring Report. You will then be notified of any
WATER QUALITY SECTION
North Carolina Division of Water Resources — Asheville Regional Office Phone [phone] FAX [phone] Internet: h2o.encstate. ne.us
2090 U.S. Highway 70, Swannanoa, N.C. 28778 An Equal Opportunity/ Affirmative Action Employer

A4M
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
CERTIFIED MAIL
Division of Water Resources
Water Quality Programs
Thomas A. Reeder
Director
September 27, 2013
RETURN RECEIPT REQUESTED' 7012 1010 0002 1967 6643
Mr. Dennis J. Whitson
3800 Sugarhill Road
Marion, North Carolina 28752
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 NCO079481
Dennis J. Whitson
Harmony Estates WWTP
Case No. LV-2013-0173
McDowell County
Dear Mr. Whitson:
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 Dennis J. Whitson.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Dennis J. Whitson for the month of June 2013. This
review has shown the subject facility to be In violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NCO079481. The violations which occurred in
June 2013 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Dennis J. Whitson violated the
terms, conditions or requirements of NPDES PermitNCO079481 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 Dennis J. Whitson:
WATER QUALITY SECTION —ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778
Phone: [phone] FAX: [phone]
Internet: h2o.enr.state.nc.us
An Equal Opportunity/ Affirmative Action Employer

WDENR
North Carolina Department of Environment and Natura
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
September 27, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6643
Mr. Dennis J. Whitson
Resources
John E. Skvada, III
Secretary
3800 Sugarhill Road
Marion, North Carolina 28752
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 NCO079481
Dennis J. Whitson
Harmony Estates WWTP
Case No. LV-2013-0173
McDowell County
Dear Mr. Whitson:
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 Dennis J. Whitson.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Dennis J. Whitson for the month of June 2013. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0079481. The violations which occurred in
June 2013 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Dennis J. Whitson violated the
terms, conditions or requirements of NPDES Permit NCO079481 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 Dennis J. Whitson:
WATER QUALITY SECTION —ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778
iternet:
one: [phone] FAX: [phone]
h2o.enr.state.nc.us
An Equal Opportunity/ Affirmative Action Employer

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0079481, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD - Conc.
0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NCO079481, 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.
$100.00 NCO079481, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
1 of the 1 violations of G.S. 143 -215. 1 (a)(6) and NPDES Permit No.
$100.00 NC0079481, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for NH3.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0079481, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3.
$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
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) 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
DI At
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 Section staff of
the Asheville Regional Office at 828-296-4500.
Sincerel ,
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Section
Asheville Regional Office
ATTACHMENTS
C
19W=a,, a' ,ac', erns
NPDES oint Source w/ attachments
WQ Central Files w/ attachments
G`i�i'C,) St�`P` �7cDowell\�i'asfe�tialentiiinors FTarmony Estates 79=481\L.V ?O l--017 .doe

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2013-0173
County: McDowell
Assessed Party: Dennis J. Whitson / Harmony Estates WWTP
Permit No.: NC0079481 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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
DENNIS J. WHITSON / )
HARMONY ESTATES WWTP
PERMIT NO. NCO079481 ) FILE NO. LV-2013-0173
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 September 27, 2013, 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
TELEPHONE
SIGNATURE
20

ATTACHMENT A
Dennis J Whitson
CASE NUMBER: LV-2013-0173
PERMIT: NCO079481
FACILITY: Harmony Estates WWTP
COUNTY: McDowell
REGION: Asheville
Limit Violations
MONITORING
OUTFALL/
VIOLATION
UNIT OF
CALCULATED
% OVER
PENALTY REPORT
PPI
LOCATION
PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT
VALUE
LIMIT
VIOLATION TYPE
$.00 6-2013
001
Effluent
BOD - Cone
06/18/13
Weekly
mg/[
45
52.8
17.33
Daily Maximum Exceeded
$100.00 6-2013
001
Effluent
FEC COLI
06/18/13
Weekly
#/loom]
400
560
40.00
Daily Maximum Exceeded
$100.00 6-2013
001
Effluent
NH3-N - Cone
06/18/13
Weekly
mg/I
10
19.4
94.00
Daily Maximum Exceeded
$250.00 6-2013
001
Effluent
NH3-N - Cone
06/30/13
Weekly
mg/I
2
5.72
186.12
Monthly Average Exceeded
$.00 6-2013
001
Effluent
TSS - Cone
06/18/13
Weekly
mg/]
45
48.3
7.33
Daily Maximum Exceeded
t

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE)
Violator: Dennis J. Whitson / Harmony Estates WWTP / NCO079481
(June2013 DMR)
County: McDowell
Case Number: LV-2013-0173
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;
One Daily Max BOD exceeded the permit limit by 17.33 %.
One Daily Max Fecal coliform exceeded the permit limit by 40 %.
One Daily Max Ammonia Nitrogen exceeded the permit limit by 94 %.
One Monthly Average Ammonia Nitrogen exceeded the permit limit by 186.12 %.
One Daily Max TSS exceeded the permit limit by 7.33%.
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 maintenance and
replacement of equipment vital to the quality of the effluent.
The amount of money saved would include additional chemicals and time to treat
the waste.
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.
O'�'l • .Z- (9 -
Date G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Section
Asheville Regional Office
09/26/2013

(Y
Permit Enforcement History Details by Owner
09/26/13
1
Owner: Dennis J Whitson
Facility: Harmony Estates WWTP
Permit: NCO079481
Region: Asheville County: McDowell
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
LV-1999-0432 10/22/99 $1,000 $43.20 $1,043.20 $.00 No 11/24/99
LV-2000-0028 01/28/00 $250 $43.20 $293.20 $.00 No 08/17/00
LV-2001-0229 06/25/01 $1,000 $81.38 07/23/01 08/29/01 $.00 $1,081.38 $.00 No 10/15/01
LV-2006-0215 4-2006 07/05/06 $250 $100.00 $350.00 $.00 No 09/05/06
LV-2006-0237 5-2006 07/18/06 $250 $100.00 11/15/07 $350.00 No
LV-2006-0400 6-2006 10/17/06 $250 $208.57 $458.57 $.00 No 11/29/06
LR-2006-0035 8-2006 10/23/06 $500 $100.00 $600.00 $.00 No 11/30/06
LR-2007-0014 2-2007 05/01/07 $1,000 $100.00 08/08/07 $.00 09/11/08 $.00 $1,100.00 $.00 No 12/09/08
LV-2009-0116 11-2008 04/08/09 $600 $65.00 $665.00 $.00 No 05/26/09
LM-2009-0018 12-2008 04/14/09 $300 $65.00 $365.00 $.00 No 05/26/09
LV-2010-0211 2-2010 07/02/10 $100 $67.00 $167.00 $.00 No 09/01/10
Total Cases: 11 Total Penalty Amount: $5,500 Total Enforcement Cost: $973.35 Sum of Total Paid: $6,123.35 Total Balance Due: $350.00
Sum of Total Case Penalties: $6,473.35 Total Penalties after remission(s): $6,473.35

EFFLUENT
i
NPDES PERMIT NO. NCO079481 DISCHARGE NO. 001 MONTH JUNE
FACILITY NAME HARMONY ESTATES CLASS 11 COUNTY
OPERATOR IN RESPONSIBLE CHARGE (ORC) PHILLIP PITTMAN GRADE 111
CERTIFIED LABORATORIES 4 WATER TECH
CHECK BOX IF ORC HAS CHANGED Lj PERSON(S) CpL
,!
NG SAMPLES PHILLIP PITT 7
_ra�ls� ft)
AUG 0 5 20
YEAR 2013
828/765/8006
E
Mail ORIGINAL and ONE COP -' • = " x
ATTN: CENTRAL FILES • (SIGNATUR OPERATOR IN RES IBLECHAR g (� DATE
II II
DMSION OF WATER QUALITY V L 9 2013 BY THIS SIGNATURE, I CERTIFY THAT THIS REPO IS
V
1617 Mail Service Center gg ACCURATE AND COMPLETE TO THE BEST OF MY OWLEDGE �wQ1 `QC�
CENTRAL RL ES
REIGH NC 27699-1617
ALva_
50050
00010
00400
50060 1
00310
00610
00530
31616
00
y`
a
FLOW
W
w
w
zQ
w:.
Y
> U
Q,
o
w
W ..
W
rc
Z
p
o
D
. a. ,.;,
K' %
p �,,.
D
}
®�
1
i
T
EFF
INF Q
W
Q �='.
F
to
!-
cQ
=
J
x
a
C,
H
z
rL a
�1
J U
p�
O
t"t J' a
s9 J'
o
�W
D
0a tV
o
aF
a..
•' a
i
O
LL
'Q
O
HRS
FIRS,
YIBM
MGD
C
UNITS
UGIL
MG/L
MGlL
MGIL
NHOD M!
" MGIL
5'
��lt'��
S
.AYE
�'
�.
i'�,=j1r
is'•'T,W
_. ..
:, Jy
70ZO„
-,.;GS 2
i N
, yrC�h..
!iIi{;.-:� T� f
„t b.{
.:.:.:.
`' L s.
...w.<...J_ -
Y1 •.kh_.s
j, t ..:.�t�L4 &.
,i� �:.;?" T!
i
.{.-n�..I C
,;.a �. --v:
W'� >.p.�ka t•.sii::i
... i -''.
21
1
0.0080
' a
2iUb
:.y
:' iF
'f24. �`w
"r} f f
K 6,
3
C A ��r`t•'i
i4, d $}.?.
h { . 1:- Y.
..,itd� T'�"r.'
2 3.: 'I •�i
S' '4'F"1,#d�491e.
-tiryGiR SYt
fl:" !'t.�.
:. ':'4l:'A1'
xTT
4
0900
1
Y
0 0060
17
6 8
18
9.9
1 29
10 0
33
9.5
."'s.
.... ::
;�S
1a
x'yY.QQ7Q
rr� ..z
MEMO
4 x;..
s ,�� `..
.3
_ . � _,�., Y.
x{
t � �,__
': s. fFf'*' a f' S
s.7x-'t"•'-:.
k-s
3a£a^.*: .rc m
y.,a.,<Sn
iY.
x"1_t�. •t'n
ia�t "'"£'ti ..
�, A.. �:d
6
1900
1
Y
0. 0080
KY
81
1
0.0080
10
2100
1
Y
0.0070
20
:r'F1:
09Q0
f.1 r•_...�Xx
.,0.0;08Q�
_ •20,.
x6�7,a;
� ._,14°.x
='f7.���
t�:1,29':;
_=-�+'F6;0�: ,
. 134��
.` 105 �
{� �.
ti, �-
�,5 �r �,;
.. +.1>
1212000
1
Y
0 Q088yo.
-.
13
..
2000
` G.
r�„Y
-ti•!0F% t
d� 2,
7 '�
-..-.
.w ,F
_._ * .t+r-c L`
"� c
_ .,
14120001
1
Y
0.0070
mgk
0 0060
16
IZ
210Q
,,.3,K
,Y,
0.0060-,.
,,
?7
r
r'
yRZ
18
09WI
4
Y
I 0.0060
19
7.1
12
1 19.40t
5.5
moot,
2012000
3
Y
1 0.0070
},
"
d0d070,
litl\
f� 9
;'..
.: s
x` �', �>*
� '� „
4 srx
•.
! `' �*
°
Y s._.i.
d' a.::.;
fte.:.
Y .'-
y'l'i �
,...x a'?_, _
:'
22
0.0070
:,
>�
ik�S
r1-.
d
i/.}s�
23
0.006Q
.
�.
2412100
2 A
Y
0.0060
10
2612000
1
1 Y
0.0060
z
2obrr.,
r TE��f
1
I
a "d
xF--� y
`R: o
1
.. �'Q,{ lY
3a T
..,rv4-... ....
,r'�'~{�
<.:� #._
..:.. _..-.a.-:,,
nt �Ld�
%... ....:'.
r3" - Yf
.l ...3 .�.
}
s
2812000
1
Y
0 0070
S29'
,h 3 t
.:e(,•
�f7070.._
",
_ t
.t , -
>;
_
3
0.0070
{0
v3i
f tt
r &
�. fi
r
�z
ci��. ;,t
" z .::. frt
$*`
✓, $
„i
.t, -,
AVERAGE
0.0069
19
15
25.5
5.7
21.1.
194.5
9.3
Ram
IVIAXIMl1M,,
MINIMUM
1 0.0060
17
6.8 '
7
9.8
0.9
10.0
33.0
5.5
C:on1P..(C} t Grab_�G;
.. °cont r
"i G_
_., .
Monthly Limit
1 0.020
1
16.0191<28
1 30
1 4.0
1 30
12001100
>5
�loV I
NOTE: ' ALL QC NOT MET
DEM Form MR-1(12193)

M= ry 5'-..um: (pie'ase chcck One of Me fauawmg)
wn ' ..: M.aME *3nEM anZa nnio_ L-.-QI2MIcc i.c.S M ..I p---m- Ii 7-1anrr: zn--nrs
cumaitant
' r ,� �aniLo✓n �"s' ' a�rml:ue fr�au�tei�� osi qc)T mr-t pe Mi1.requi:-rM_-nrs
i`ln'n^.Qrnmbanl
u _ ins ut�J, is 1�UL . t11f:aSt: c Ian :Qu eclivC a&tioju bring La1 I -It iD TCSpB:.I Lt CU[2ip]Il;:IIt, DDT StiQA, maim znanG^. Mc.,
turd & dme-mblc for 1Ti1 ¢YLU
_ALurn 3,� PY. •fib �1 • n ,ter...
/��y"TS.s /law>./y:��Cr4l. Wr�S� �Y'�` /:`t
lax; n�v R ',�.: As : v r '7,e -1,e
le La Lj _ �l . USG.. owe^.
_. .. _ .
e ce 4Je el s sf�c 1®:cu'er moo.
or _.
j/ Z c3-
'7 e ` ' " , tmdea peaal Lj► ofthat du Abtbbi* and all gdadb:fi� were pfi*sied under my :direction of s[fpeer-wade M acaardanc
with a sy►stt designed to assure that.gtiaii ied soiinelProPP- 3' a" ca a7id Gvafie[n the iriiririitar.o� SiilnuiiL Buse d un �3acrnu}+
of 4t pgrsga gym.sons w►- o manage roe cyst= or those persons di r^$y xwouasiale for si ,—ttietion,.tbe infoa�ahon.
snbm wd ss:_ to the best of My :z►ovrled;e aid beiK Mr, iwmwicomviem. I am away a tbatliteae.ar�.st�oaiitsant�eualties ftir
mbmittln� false 10 oration, in indiN ihepos� of fines.and i=odsomm=t far -lm vinGnIms_
nfP Dare .
y�dDw Al c 2j??,F2 P>,S 1,2-SYZ1
peztnitrae - - .....� .. '• .: :;...... . Phone:_ '.. - _ _ - _. ..
Permit �e
PA.d CODES
DOW . Tdmp=attire 00336 OB & Grease OD95-1 TotW11madde' 01067, Mci:el• 50060 Total
DDD76 Tturbidity 00600 Total i rtign MOM— Total Anemic 01077 ,,-SRVe • ltesidnal
ODOSD Color {Pt=Co} 00610 A—Unh iv UD==
OUOM-: Coltar (ADW. ODf_25 -Total -Qdoai 01027 Gadmumu Dl.lp3 Ailnmin .
Nvrogen : _ • . L
M5 Coitdi=4-dtp MG30 Nitrares6Rr=Aw 0102 Hexavalmt Cbrainjum 01147 Total.:Selenium Juno Fydt:
O{B04 Dissolved OTyg
c03 01034 "Chranihmi 51616 TWXI CoMot n: 71900--ivicrea173.. '
003]U :BOOS 006d5 Total P4osphordns 3Z73D :?oral Pbennlics 91553 Tcylene
ODB40., .COD DDIP0 Cy amide 03037 Total cobalt 34?3� Beu;wne
OM.DE ;. 00745 Total Sulfide .. D1.0=2 ,C.[w_M >si481. Ifub=e
OD530 Total Suspended. 005M, Total l+'Sa,^i csitnat 010"5 h 352. 45
Residue,. OD9279.. Tom).61051 Zeal _ 39516. PCBs
00545 Settlrabir-Mattm- 00-W Total C hladit 0100 Molybtleatum 50J50 Float
Pamimetw Code assistance may obtained by. calling tiic 1'mint.Sozur:.e.(:o=ii-at (919) -= 50ES or by visiting
ibr Waim Qaabty Section's web site at and ii 1mg, to the Umil's inftmation pages.
Luse only unity designated jD the resorting fatality's pmmait ftr seporling data.
ORC mast visit face ty and doormept visitation or facility as reauired pro 15L _WC4C 6G .0204.

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE)
Violator: Dennis J. Whitson / Harmony Estates WWTP / NCO079481
(Jane 2013 DRIB)
County: McDowell
Case Number: LV-2013-0173
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;
One Daily Max BOD exceeded the permit limit by 17.33 %.
One Daily Max Fecal coliform exceeded the permit limit by 40 %.
One Daily Max Ammonia Nitrogen exceeded the permit limit by 94 %.
One Monthly Average Ammonia Nitrogen exceeded the permit limit by 186.12 %.
One Daily Max TSS exceeded the permit limit by 7.33%.
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 maintenance and
replacement of equipment vital to the quality of the effluent.
The amount of money saved would include additional chemicals and time to treat
the waste.
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 �tate of the enforcement procedures.
Date G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Section
Asheville Regional Office
09/26/2013

NC®ENR
North Carolina Department of Environment and
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
September 27, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Dennis J. Whitson
3800 Sugarhill Road
Marion, North Carolina 28752
Natural Resources
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 NCO079481
Dennis J. Whitson
Harmony Estates WWTP
Case No. LV-2013-0173
McDowell County
Dear Mr. Whitson:
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 Dennis J. Whitson.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Dennis J. Whitson for the month of June 2013. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NCO079481. The violations which occurred in
June 2013 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Dennis J. Whitson violated the
terms, conditions or requirements of NPDES Permit NCO079481 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 Dennis J. Whitson:
WATER QUALITY SECTION — ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778
Phone: [phone] FAX: [phone]
Internet: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0079481, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD - Cone.
0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0079481, 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.
$100.00 NC0079481, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0079481, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for NH3.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0079481, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3.
$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-
2 82. 1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/ Enforcement Unit
Division of Water 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
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) 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 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 Section staff of
the Asheville Regional Office at 828-296-4500.
Sincerely,.
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Section
Asheville Regional Office
ATTACHMENTS
cc: WQ Regional Supervisor w/ attachments
NPDES Point Source w/ attachments
WQ Central Files w/ attachments
G:\WQ\Sid'PA,1cDowelP,Wastewatee%Minors\HarmonyEstates 79481'd_V 2013-0173.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2013-0173
County: McDowell
Assessed Party: Dennis I Whitson / Harmony Estates WWTP
Permit No.: NC0079481 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:

STATE OF NORTH CAROLINA
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
DENNIS J. WHITSON /
HARMONY ESTATES WWTP
PERMIT NO. NCO079481
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2013-0173
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 September 27, 2013, 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
Dennis J Whitson
CASE NUMBER: LV-2013-0173
PERMIT: NCO079481 FACILITY: Harmony Estates WWTP
COUNTY: McDowell
REGION: Asheville
Limit Violations
MONITORING
OUTFALU
VIOLATION
UNIT OF
CALCULATED % OVER
PENALTY
REPORT
PPI
LOCATION
PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT
VALUE
LIMIT
VIOLATION TYPE
$.00
6-2013
001
Effluent
BOD - Conc
06/18/13
Weekly
mg/I
45
52.8
17.33
Daily Maximum Exceeded
$100.00
6-2013
001
Effluent
FEC COLI
06/18/13
Weekly
#/100ml
400
560
40.00
Daily Maximum Exceeded
$100.00
6-2013
001
Effluent
NH3-N - Conc
06/18/13
Weekly
mg/I
10
19.4
94.00
Daily Maximum Exceeded
$250.00
6-2013
001
Effluent
NH3-N - Conc
06/30/13
Weekly
mg/I
2
5.72
186.12
Monthly Average Exceeded
$.00
6-2013
001
Effluent
TSS - Conc
06/18/13
Weekly
mg/l
45
48.3
7.33
Daily Maximum Exceeded

Permit Enforcement History Details by Owner
09/26/13
1
Owner: Dennis J Whitson
Facility: Harmony Estates WWTP
Permit: NCO079481
Region: Asheville
County: McDowell
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
LV-1999-0432
10/22/99 $1,000
$43.20
$1,043.20
$.00
No
11/24/99
LV-2000-0028
01/28/00 $250
$43.20
$293.20
$.00
No
08/17/00
LV-2001-0229
06/25/01 $1,000
$81.38
07/23/01 08/29/01
$.00
$1,081.38
$.00
No
10/15/01
LV-2006-0215 4-2006
07/05/06 $250
$100.00
$350.00
$.00
No
09/05/06
LV-2006-0237 5-2006
07/18/06 $250
$100.00
11/15/07
$350.00
No
LV-2006-0400 6-2006
10/17/06 $250
$208.57
$458.57
$.00
No
11/29/06
LR-2006-0035 8-2006
10/23/06 $500
$100.D0
$600.00
$.00
No
11/30/06
LR-2007-0014 2-2007
05/01/07 $1.000
$100.00
08/08/07
$.00 09/11/08 $.00
$1,100.00
$.00
No
12/09/08
LV-2009-0116 11-2008
04/08/09 $600
$65.00
$665.00
$.00
No
05/26/09
LM-2009-0018 12-2008
04/14/09 $300
$65.00
$365.00
$.00
No
05/26/09
LV-2010-0211 2-2010
07/02/10 $100
$67.00
$167.00
$.00
No
09/01/10
Total Cases: 11
Total Penalty Amount:
$5,500
Total Enforcement Cost:
$973.35 Sum of Total Paid: $6,123.35 Total Balance Due:
$350.00
Sum of Total Case Penalties:
$6,473.35 Total Penalties after remission(s):
$6,473.35

EFFLUENT )
I,
NPDES PERMIT NO. NCO079481
DISCHARGE NO. 001
MONTH
JUNE
FACILITY NAME HARMONY ESTATES
CLASS
11
COUNTY
OPERATOR IN RESPONSIBLE CHARGE (ORC)
PHILLIP PITMAN
GRADE
111
CERTIFIED LABORATORIES 111
WATER TECH 1.
CHECK BOX IF ORC HAS CHANGED
PERSON(S) CfJLLECTNG SAMPLES
PHILLIP PIT,
s
AUG 0, 5
YEAR
Wd
Mg
Mail ORIGINAL and ONE COP 4
ATTN: CENTRAL FILES- I li, (SIGNATUR O OPERATOR IN RESP IBLE CHAR Q, DATE
DMSIONOFWATER QUALITY UL °' 20 BY THIS SIGNATURE,fCERTIFY THAT THIS REPO IS
1617 Mait Service Center ACCURATE AND COMPLETE TO THE BEST OF MY OWLEDGE
�y
RALEIGH NC 276M1617 CENTRAL FILES
50050
00010
00400 1
50060
00310
00610
00530
31616
00
�
z
FLOW
W
ta
g
W.
{"
0
o
�..
EFF
`
°
A"G
0
w0
xoF
mr
INF.
as
•O
"ag
'�
`
r
•.Q.
'�
[UGILL:
O
HRS
HRS
Y/BM
MGD
C
UNITS
UG4.
MG/L
MGN_
MG/L :
NHOO ML
; MG1L
'th''yi;
.a
-y .✓
*+,,y
��t477 ,�:-'-
21
1
0.0080
_...
r'((�
21-V�%i
,{
.,{:
..ry 4
---'dly
}
2'hii,.,.
1"• '- Y
j,
Ca. t i
) Y.� -
J`tG �-
t7}'`b 4�%�YG-rG
F1:} i
4.' �L
LTA45
,3F+;r ,.�. Yw
Y tF -._
nFT, .,, ,. 1.....
4
0900
1
Y
0 Q060
17
6 8
18
9.9
1.20
10 0
33
9.5
6
1900
1
Y
0 0080
ti,' f'r '7
i '^ {'�''j-;,�',
�,
F<90Q
r
8
4.
0.0080
10
2100
1
Y
0.0070
20
I1
0900
1_.
y
S O,.Q080.�
` 16 U,
..�134`i
.,1Q,`5,
x,
z
12
2000
'""1',
ti
142000
1
Y
0.0070
0 0060
161
tZ
2.x.
Rom
1810900
4
Y
0.0060
19
71
12
52 8
19.40
48 3
560
5.5
':Y
Ci 0,0.07D
s
. �' ' __
� '� _G
� . t , a�
, � c f.`'
9 .;-'✓,1
r•`
nr
`"�
Y
;. .i�`i\
3
r
� �:.r '�'•
4
2012000
3
Y
�
1 0.0070
.
n;
t->.,.,
22
D 0070
,
�.
RUM
I 'tinf•
23
�;
..(0 0060
.`Jre 6Y
I:.
r:`LFri`'"
a
..�.'v.
24
2100
2
Y
0.00130
10
1
s
i
1
;.c,
26
2000
1
Y
0.0060
.2.
-
�F2812000
1
Y
0 0070
-
30{
0.0070
J
IS,
�u
crf_,y
S
AVERAGE
0.0069
19
15
25.5
5.7
21.1
194.5
9.3
20i r
4 f
°
NtAXIMi1Ni
Q;Q08Q
'2
7
;' F
_52 8�`
48 3
. _
MINIMUM
0.0060
17
6.8
7
9.8
0.9
10.0
33.0
5.5
Compr(C)LGrah_(G;
.At►t'
=G
��
6
:C, .`
_ w'G.
Ct
G-..,
`. G 4�
vsL,
.'
Monthly Limit
1 0.020
1
16.0/9.0<28
30
4,0
30
200/100
>5
lPY
Gov 1
NOTE: ' ALL QC NOT MET
DEM Form MR-1(12193)
,, V-zoi.3 - of -7s-
7

Fani!Lry (-PII!=5 cb=j: CMF- of fat fcdlc)wm.,V)
nonitonng =u and--aarplAnt, L--guencim n=j p----=- r;smm=3--nts-
NcMcnTffnHIMI
I an =cIrr=LiVt RL-.iom m respect to eq cmnm bmng" MI uxpm--nL o=atiqn, mabimmm, em,
Al LUI� - — - —
And a dmflmmr- OT
af 12 . wi-&-it this d6ctmett'i0akamaitb�its
,I cmtify!- Pp.. -F-Mdc�
dc3iPcd to assure thk qtWtt g pti*dj properly &�Wc
of ftugscm wPMT-DM the,systm-w, osep=ons da
W-0. manage
. .... .. ...
MbMIWO is_. to the best Of MY 3�io'Wledgv*r ku'd bdK Mir, and
submitting false infqpnadcm, iucluc4ng ft possi-0.1hy of fwws.and immra
,.Date
3,WO ->'O
/V c- e W 2S Z.
CODES
OWID Tempt attire
00336 Oil & G=e
00951
Tota]LI%madde'
01067, Mcl—el
76tal,
=6 TmbAty
00600 TOULI AM62=
01002--
Total Arscatic
01077 -Mvex
Residual
MMO-COW.M.Co)
MOO Aft rmi2-lTjwoVcn
01092 Zm= -
Chimine,
MOD-: C611t (ADW
09625 -TotalrplOal ,
01027
-02,1115 Aluminum
imwumcm
OMG5 CbbduLt-viEy
OD630- NitrattsKiwites
0I032
HaxayM=L Cbramium
01147 TOW.-Seftnium
Fm=LW&.bydc
0050t), Disiolved 0j.Ygm
01034
-C33raft : kWm
51616 TwO Colifam
t900
OW5 Total FhD!qjhQtuut
- -
xylem.6
00340'COD
OD-P-0 Cyanide
01037
Total Cobalt
34?35 Betz; one
.am DE
O0745 Total Sulfide
00530 Total Suspmdcd.
00527, To W ift.
01045
IXDP
35260
DD939 Tom)-sodb][6
61654
Lead
3 - 9516 - _PCBs
W545 Settleable. Om-00-QQ
Tom] Odacide
0100
Mavbd=wm
50050 ]Epw
pmumim, Code assistance
=3, obtained by. calling th''e-liu t.oily:
eCa=li ul" -at (919) —1:13L
50E3 or by Visk.inw=
the Latta Qaahiy Smtom's
web site at
bm the Unit's infanaficto pages.
g; and hu g to
-Usr only unim desipamd iD the T=,Mlm-g facility's permit for reporting data -
ORC must visit facility and duounp-ni visuadam offacility as required per 15A, NC&C BG .0204

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Dennis J. Whitson
Harmony Estates WWTP
3800 Sugarhill Road
Marion, North Carolina 28752
Subj ect:
Dear Mr. Whitson:
September 11, 2013
Notice of Violation and
Recommendation for Enforcement
Tracking #: NOV-2013-LV-0521
Harmony Estates WWTP
NPDES Permit No. NCO079481
McDowell County
John E Skvarla, III
Secretary
A review of the June 2013 self -monitoring report for the subject facility revealed violations of the
following parameters:
Date
Outfall
Parameter
Reported Value
Permit Limit
06/18/2013
001
BOD
52.8 mg/ 1
45 mg/ 1
06/18/2013
001
Fecal coliform
560 #/ 100 ml
400 #/ 100 ml
06/18/2013
001
Ammonia nitrogen
19.4 mg/ 1
10 mg/ 1
06/30/2013
001
Ammonia nitrogen
5.72 mg/1
2 mg/ 1
06/18/2013
001
TSS
48.3 mg/ 1
45 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. NCO079481.
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 June 2013 Discharge Monitoring Report. You will then be notified of any
WATER QUALITY SECTION
North Carolina Division of Water Resources — Asheville Regional Office Phone [phone] FAX [phone] Internet: h2o.enr.state.nc.us
2090 U.S. Highway 70, Swannanoa, N.C. 28778 An Equal Opportunity/ Affirmative Action Employer

Mr. Dennis J. Whitson
September 11, 2013
Page Two
civil penalties that may be assessed regarding the violations. If no response is received in this Office within
the 10-day period, a civil penalty assessment may be prepared.
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water 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 Section
Asheville Regional Office
cc: WQ Asheville Files
WQ Central Files
WQ Point Source Branch
(3:'\WQ\.SWP\1-Id:)oavel]"W&stcvvater\ ,9inors\Harmony Estates 79431'',NOV-NIZE-3013-I.V-0521.doc

Enter/Verify Violations
..
K
. ....... .
1,1imitVi6lations
Monitoring Violations r Reporting Violations r 'OtherViolations
is
Permit: SOC: AD:, 1, e =t�i I -,,,-_!,lqnitoring-Report.- F Details..:
Facility: Harmony Estates %VWTP Details. I s.. Region.- jAsheville County: tvlcQowellOwner: 1Dennis JWhitson Incident Cr- t =�, -1 Inspect. Dt
Compliant) Non -Compliant ONotReported Facility Reported As: ]ia is signed Report Type:
*Outf..
*Location
*Parameter
Y.':Abate
manual
*Description
SOC
Limit
*Calcu ... unit!:
:*%'Over
AcFn
7
001
Effluent
BO D, 5-Day (2
6118120 13
❑
Daily M2AMUM...
❑
45
52.8 Im g1l
17.333...
40
001
Effluent
Collform, Fec.-_,
06/181,201-t-
[j
Daily Maximum
E:1
400
560 1100m]
4 0.
001
Effluent
Nitrogen, Am-.,.-. :06/1812013
Ej
Daily Maximum
10
19.4 ... mg1I
94
001
Effluent
Nitrogen, Am..j
o613,oaon,�
E]
Monthly Average...
❑
2'
5.72 ... 1mgILI.,�
.1,86.12...
001
jEffluent
ISolids, Totalz,.
Daily Maximum ...
❑
145
148.3 ... jmg11
7.3333..:
.addl9iflote
e
IniflatN"Ov...
,_e-
Ir te.-Enfiorrnent...
Initiate D�_nnGllc_
K�l e Reralculate
WOR _.
HelpFinish
5 Limit Violations found.
J Ready
Cancel
1SID:VLLP
. . . .... .... ..

t
�
A
{
G
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Dennis J. Whitson
Harmony Estates WWTP
3800 Sugarhill Road
Marion, North Carolina 28752
Dear Mr. Whitson:
September 11, 2013
7012 1010 0002 1967 6537
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking #: NOV-2013-LV-0521
Harmony Estates WWTP
NPDES Permit No. NCO079481
McDowell County
lt.
John E Skvarla, III
Secretary
A review of the June 2013 self -monitoring report for the subject facility revealed violations of the
following parameters:
Date
Outfall
Parameter
Reported Value
Permit Limit
06/18/2013
001
BOD
52.8 mg/ 1
45 mg/ 1
06/18/2013
001
Fecal coliform
560 #/ 100 ml
400 #/ 100 ml
06/18/2013
001
Ammonia nitrogen
19.4 mg/ 1
10 mg/ 1
06/30/2013
001
Ammonia nitrogen
5.72 mg/1
2 mg/ 1
06/18/2013
001
TSS
48.3 mg/ 1
45 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. NCO079481.
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 June 2013 Discharge Monitoring Report. You will then be notified of any
WATER QUALITY SECTION
�Nort rolina Division of Water Resources — Asheville Regional Office Phone [phone] FAX [phone] Internet: h2o.enr.state.nc.us
09 S. Highway 70, Swannanoa, N.C..28778 An Equal Opportunity/ Affirmative Action Employer

Mr. Dennis J. Whitson
September 11, 2013
Page Two
civil penalties that may be assessed regarding the violations. If no response is received in this Office within
the 10-day period, a civil penalty assessment may be prepared.
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water 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 Section
Asheville Regional Office
c z WQ Asl e 1le,'F e§M ,
WQ Central Files
WQ Point Source Branch
G:`WQ`:SWP1\4cDo4G-e1RWasteNwaterlhtinors%.Harmony Estates 79481\NOV-NRE=201 +-LV-O'21.doc

7771
Enteriiferify Violations
tirnitViofation`s rvlonitoring Violations j Reporting Violations ( OtherV'iolations
Permit: NCDD79481 Details... .-SOC. = AD: �D�ee vi! � tvlonitoring Report: D6-2013 �D� stalls...
Facility: Harmony Estates WVTP Details_ Region: sheville County: fvAcDowell
Owner: Dennis J th'hitson tvtaintain... Incident: ! D: 4=iis... Inspect. Dt:
Facility Reported As: -_l Compliant Cq,Non-Compliant i .Nat Reported ® Is signed ReportType: Dtv1R
*Outf...
`Location
Parameter
"Date
Manual
I .,`Description
SOC
Limit
'°Calcu...
Unit
,S Over
Action
001
Effluent
BOD, 5-Day (2...
0611812013
JD3ily fvlaximum ...
❑
45
52.8 ...
mg/1
j17.333...
001
Effluent
Coliform, Fec...
0611812013
I Daily r,,laxlmum ...
❑
400 ...
560 ...
#1100ml j40
001
Effluent
Nitrogen, Am...
O6/1612013
jDaily r,laximum ...
❑
10
19.4 ...
mg11
94
D01
Effluent
Nitrogen, Am ...
0613012013
i_
fvionthlyAverage...
❑
2
5.72 ...
mg11
j186.12...
O01
Effluent
Solids, Total ...
D611812013
❑
Daily Alaximuin ...
,- ❑
45
48.3 ---
mg/1
17.3333...
EInitiate iE_,...... � ��_ i.� .. u,t:, �'t��..� !.n,Va��„ Eric �=:Ci�:Ie:lt... i]' �1 �'�' ;'I:�
_Help Cancel I
5 Limit Violations found. _.__,- Ready SID: VLLP

A=4A
NCDENR
North Carolina Department of Environment and
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Dennis J. Whitson
3800 Sugarhill Road
Marion, North Carolina 28752
November 25, 2013
Natural Resources
70121010 0002 1967 7572
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 NCO079481
Dennis J. Whitson
Harmony Estates WWTP
Case No. LV-2013-0209
McDowell County
Dear Mr. Whitson:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $247.50
($100.00 civil penalty + $147.50 enforcement costs) against Dennis J. Whitson.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Dennis J. Whitson for the month of August 2013. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NCO079481. The violations which occurred in
August 2013 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Dennis J. Whitson violated the
terms, conditions or requirements of NPDES Permit NCOO79481 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
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/ws
An Equal Opportunity/ Affirmative Action Employer

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0079481, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0079481, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for TSS - Conc.
$100.00 TOTAL CIVIL PENALTY
$147.50 Enforcement Costs
$247.50 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:
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) 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
orr•ar,to f�in,.{�S �A�7�' y +��nii���i--j•-�-y-}�e�ecn +fin �n�ira �,f Q•!1!1 o_m nrrl S•(1(1_-X1�171—eXE�r�+ fnT• —
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 i 7e-g-o'�1�S�u-isar v/ attar Brats
_N DE•S"Point Source w/ attachments
WQ Central Files w/ attachments
Water Tech Labs/ ORC w/ attachments
G:\WQ\SWP`hhDowcll'aVaste«a[er;i-linors`,Eiarmony Fstate; 79431U_V-2013-0209.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2013-0209
County: McDowell
Assessed Party: Dennis J. Whitson / Harmony Estates WWTP
Permit No.: NC0079481 Amount Assessed: $247.50
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:

COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
DENNIS J. WHITSON
HARMONY ESTATES WWTP
PERMIT NO. NCO079481
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2013-0209
Having been assessed civil penalties totaling $247.50 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated November 25, 2013, 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
Dennis J Whitson
CASE NUMBER: LV-2013-0209
PERMIT: NCO079481
FACILITY: Harmony Estates WWTP
COUNTY: McDowell
REGION: Asheville
Limit Violations
MONITORING
OUTFALLJ
VIOLATION
UNIT OF
CALCULATED %OVER
PENALTY REPORT
PPI
LOCATION PARAMETER
DATE FREQUENCY
MEASURE LIMIT
VALUE LIMIT VIOLATION TYPE
$.00 8-2013
001
Effluent FEC COLI
08/13/13 Weekly
#/loom[ 400
470 17.50 Daily Maximum Exceeded
$100.00 8-2013
001
Effluent TSS - Conc
08/13/13 Weekly
mg/I 45
57.9 28.67 Daily Maximum Exceeded

Permit Enforcement History Details by Owner
11/22/13
1
Owner: Dennis J Whitson
Facility: Harmony Estates WWTP
Permit: NCO079481
Region: Asheville County: McDowell
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
LV-1999-0432 10122/99 $1,000 $43.20 $1,043.20 $.00 No 11/24/99
LV-2000-0028 01/28/00 $250 $43.20 $293.20 $.00 No 08/17/00
LV-2001-0229 06/25/01 $1,000 $81.38 07123101 08/29/01 $.00 $1,081.38 $.00 No 10/15/01
LV-2006-0215 4-2006 07/05/06 $250 $100.00 $350.00 $.00 No 09/05/06
LV-2006-0237 5-2006 07118/06 $250 $100.00 11/15/07 $350.00 No
LV-2006-0400 6-2006 10/17/06 $250 $208.57 $458.57 $.00 No 11/29/06
LR-2006-0035 8-2006 10/23/06 $500 $100.00 $600.00 $.00 No 11/30/06
LR-2007-0014 2-2007 05/01/07 $1,000 $100.00 08/08/07 $.00 09/11/08 $.00 $1,100.00 $.00 No 12/09/08
LV-2009-0116 11-2008 04108/09 $600 $65.00 $665.00 $.00 No 05/26/09
LM-2009-0018 12-2008 04/14/09 $300 $65.00 $365.00 $.00 No 05/26/09
LV-2010-0211 2-2010 07/02/10 $100 $67.00 $167.00 $.00 No 09101/10
LV-2013-0173 6-2013 09126/13 $450 $147.50 $597.50 No
LV-2013-0209 8-2013 11122/13 $100 $147.50 $247.50 No
Total Cases: 13 Total Penalty Amount: $6,050 Total Enforcement Cost: $1,268.35 Sum of Total Paid: $6,123.35 Total Balance Due: $1,195.00
Sum of Total Case Penalties: $7,318.35 Total Penalties after remission(s): $7,318.35

'
•
EFFLUENT
•E . �/�
� �i..j �i �rS
OCT 2
NPDES PERMIT NO. NCOD79481
DISCHARGE NO. 001
MONTH
AUGUST
YEAR 2013
FACILITY NAME HARMONY ESTATES
CLASS
11
COUNTY
McDOWELL
OPERATOR IN RESPONSIBLE CHARGE (ORC)
PHILLIP PITTMAN
GRADE
111
tIONE 8281765/8006
CERTIFIED LABORATORIES [11
WATER TECH
CHECK BOX IF ORC HAS CHANGED Lj
PERSON(S) CO CTING SAMPLES
PHILLIP
N
_
*'A-- � '
Mail ORIGINAL end ONE COPYto
x
ATTN: CENTRAL FILES
OCT 0 1 ZO 1
(SIGNATURE OF OPERATOR IN NSIBL F{Aj2GE}�
F� ~ `
DATE
DMSION OF WATER QUALITY
1617Mei1Service Center ;ff'
BY THIS SIGNATURE, I CERTIFY THAT T RE ORT IS
ACCURATEANDCOMPLETETOT E'BESTOFMYKNOWLEDGE
RALEIGH. NC 27600-1617
..d - if lest t v
.•
^^\�
50050
00010
00400
50060
00310
00610
00530
161E
00300
,.c;�`^
FLOW
e,
W
c
z
INF
.
Q
G
o
Fo
¢
O
W
a
U
°
In
7
W°
p F-
w
�
1°.A
W
,�
9id
s�
6F
aO
O
O
LLW
O
IUG-I
0
Q�
Q
f
HRS
HRS
YIBIN
MGD
C
I UNITS
I UGIL
MG/L
MG/L
MG/L
#1100ML
MG& .
:o•o
a oe o
mmm
OEM
Immmm
1 ee•/
im---
•0A
a 00 1
o l
e ea•.1
Im---
1 11•• 1
0
1 /
o©;
mmo��
�■�a�■■■��
/11
��
/ Ise•. 1
__-�_��
�---
ae•a
e
1
omoma
1
l e
..
2013
* NOT M ` !VOTE. ALL QC N ET
DEM Form MR-1(12/93)

ra:iiiq Smatn:: (PIMP -Se car; i one of the following)
in mDnixmg dam ang sazap ug ±=gu== 42= pt—mu � �tiES
Catnmliant
mDnito ng das mid sa qol ng f egummm do NOT m w pit regi)L'em=ts D
- A Nctuenrmtiiant
ii We iaivaj ii!Sab:-'tJJ;R11LLaIt:,pil:aSe G�*n�nl J71 :.UII'CCLLYC aC*.LOLL bea�Lb LS1 t.inICSpe." I tCC01]lpm=L otwatLon, lm �n�ncc, ett=_,
ain[.
and a time -table far imwOvtnnents Lu be- made.
7 =dfy. underpextalty of law; that this .document and -all attachments were prepared undermy.dirsctiam or supervision m accordance
with a system dcsiped to assure that .gnatitiedp=onnel pr pedy gather and malnare the infamiadam cnhmitted Based tm mYlagwy
of the -=SOD tapes = Who manage the.spsteta; to ffit>sepessons tia=ay resoaasible.fta gathering the iniottmacion; the iL>#ormation
.submitted is: tti the best of my lmowleg-oe and bt l'- Mr, act, and comiplete. I m n award tba t there :are antpenaltim 1m.
SILbIIlittlng faiSe info mahQn, in:autitmg t>epQssibiiLtp of fines and lmttristanment fat J. Y a rirm1;
Dam
�'D !7 �usAr' %/
� /tr
D i✓
VC 2 573 `Z �` Zfj
$�7 SS�2Z
/ L / S
pit Address
Ph one Number
Permit Em..Daie
P� .CODES
'
00010 TcIxp= ae
00336
Oil & Caease
00951
Total Itwx mice
01067 Nackd
3DO60 Total
00076 Twhidity
00600
Total ir&tigm
01002
Total Arsenic
01077 Sit-vm
Rt sidtial
Om Color (N-CO)
00610
A=rmia Ifmogmen
01091-7 ?.im-_
Cblmine
OM Cnitar (AD3vSn
OD6225
Total Fjeltlhal
01M7
Cadmbmm
021p3 AltzmdBum ,
PT2tID�11
.
=5 Conductivity
OD630
Ni ftUte•.s h5=ites
01032
H=avaltmt Chromntmt
01147 TOW Selenintz! .
71580 Fmmaldebyde
00300 Dissolved O ygm
01034
C13cromimm
31616 Frcal Colifatm
71900 Ivie =nl
00310 BODS
00665
Total PhospbQrons
-
32730'Total Pbenolim
91551 TLylc me
DOM COD
00720
Cjranidc
01037
Total Cobalt
34235 B= me
00400 pH
00745
Total Sulfide
01042
Copper
34481 Tah=e
OD530 Totaly.S-uspmdcd
00927
Total Mkgacsinm
01043
Iran
35260 M_&S
=idur
00939
Total Soditmo
01051
Lead
39516 FMs
W545 SettleableMatttr,
00440
Total Chloride
01062
Mblybdenmm
50050 Plow
Pm matw Code assistance may obtained by calling the Point Somme Cam Mmnr_,m3dOr_,&mi: nt Tmlt at (919) ;3= 5053 or by'visiuing
fne'Fi 9w Quality Section's web site at .;tr.sG.� nc.usiwas and bmMmg to the Unit's infam atioo pages.
L'se only unit; desi_gnatt d iu the reporting fada]itg's patmnit fta seportmg Bata
" ORCm,st visit facility and docamient visitation of facility as required pev !LA. NCAC GG _02204,

t
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE)
Violator: Dennis J. Whitson / Harmony Estates WWTP / NCO079481
(August 2013 DNHR)
County: McDowell
Case Number: LV-2013-0209
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;
One Daily Max Fecal coliform exceeded the permit limit by 17.5 %.
One Daily Max TSS exceeded the permit limit by 28.6 %.
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.
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.
$147.50.
ik 1z�0 ( (3
Date G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
11 /22/2013

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE)
Violator: Dennis I Whitson / Harmony Estates WWTP / NCO079481
(August 2013 DNIR)
County: McDowell
Case Number: LV-2013-0209
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;
One Daily Max Fecal coliform exceeded the permit limit by 17.5 %.
One Daily Max TSS exceeded the permit limit by 28.6 %.
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.
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.
$147.50.
Date G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
11/22/2013

,T A
P
CDENR
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
November 25, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED WWI
Mr. Dennis J. Whitson
3800 Sugarhill Road
Marion, North Carolina 28752
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 NCOO79481
Dennis J. Whitson
Harmony Estates WWTP
Case No. LV-2013-0209
McDowell County
Dear Mr. Whitson:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $247.50
($100.00 civil penalty + $147.50 enforcement costs) against Dennis J. Whitson.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Dennis J. Whitson for the month of August 2013. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NCO079481. The violations which occurred in
August 2013 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Dennis J. Whitson violated the
terms, conditions or requirements of NPDES Permit NCOO79481 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 Dennis J. Whitson:
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/ws
An Equal Opportunity/ Affirmative Action Employer

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0079481, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0079481, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for TSS - Cone.
$100.00 TOTAL CIVIL PENALTY
$147.50 Enforcement Costs
$247.50 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:
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

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) 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
[QA
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
Water Tech Labs/ ORC w/ attachments
G:\WQ\.SWP\tvicl?owell''.W"astewater'%viiiiors\4-iariuony Estates 7948 WN-2013-0209A)c

JUSTIFICATION FOR REMISSION REOUEST
DWQ Case Number: LV-2013-0209
County: McDowell
Assessed Party: Dennis J. Whitson / Harmony Estates WWTP
Permit No.: NCO079481 Amount Assessed: $247.50
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:

STATE OF NORTH CAROLINA
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
DENNIS J. WHITSON
HARMONY ESTATES WWTP
PERMIT NO. NCO079481
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2013-0209
Having been assessed civil penalties totaling $247.50 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated November 25, 2013, 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
NZ

ATTACHMENT A
Dennis J Whitson
CASE NUMBER: LV-2013-0209
PERMIT: NCO079481
FACILITY: Harmony Estates WWTP
COUNTY: McDowell
REGION: Asheville
Limit Violations
MONITORING
OUTFALL/
VIOLATION
UNIT OF
CALCULATED % OVER
PENALTY REPORT
PPI
LOCATION PARAMETER
DATE
FREQUENCY
MEASURE LIMIT
VALUE LIMIT
VIOLATION TYPE
$.00 8-2013
001
Effluent FEC COLI
08/13/13
Weekly
#/loom[ 400
470 17.50
Daily Maximum Exceeded
$100.00 8-2013
001
Effluent TSS - Conc
08/13/13
Weekly
mg/1 45
57.9 28.67
Daily Maximum Exceeded

Permit Enforcement History Details by Owner
Owner: Dennis J Whitson
Facility: Harmony Estates WWTP
Permit: NCO079481
Region: Asheville
Penalty
Assessment Penalty
Case Number MR Approved Amount
County: McDowell
Remission
Enforcemen Request Enf Conf
t Costs Damages Received Held
Enf EMC EMC OAH Collection
Remission Hearing Remission Remission Memo Sent
Amount Held Amount Amount to AGO
Total Paid
11 /22/13
1
Has
Balance Pmt
Due Plan
Case
Closed
LV-1999-0432
10/22/99
$1,000
$43.20
$1,043.20
$.00
No
11/24/99
LV-2000-0028
01/2B/00
$250
$43.20
$293.20
$.00
No
08/17/00
LV-2001-0229
06/25/01
$1.000
$81.38
07/23101 08/29/01
$.00
$1,081.38
$.00
No
10/15/01
LV-2006-0215 4-2006
07/05/06
$250
$100.00
$350.00
$.00
No
09/05/06
LV-2006-0237 5-2006
07/18/06
$250
$100.00
11/15/07
$350.00
No
LV-2006-0400 6-2006
10/17/06
$250
$208.57
$458.57
$.00
No
11/29/06
LR-2006-0035 8-2006
10123/06
$500
$100.00
$600.00
$.00
No
11/30/06
LR-2007-0014 2-2007
05/01/07
$1,000
$100.00
08/08/07
$.00 09/11/08 $.00
$1,100.00
$.00
No
12/09/08
LV-2009-0116 11-2008
04/08/09
$600
$65.00
$665.00
$.00
No
05/26/09
LM-2009-0018 12-2008
04/14/09
$300
$65.00
$365.00
$.00
No
05/26/09
LV-2010-0211 2-2010
07/02/10
$100
$67.00
$167.00
$.00
No
09/01/10
LV-2013-0173 6-2013
09/26/13
$450
$147.50
$597.50
No
LV-2013-0209 8-2013
11/22/13
$100
$147.50
$247.50
No
Total Cases: 13
Total Penalty Amount:
$6,050
Total Enforcement Cost:
Sum of Total Case Penalties:
$1,268.35 Sum of Total Paid: $6,123.35 Total Balance Due:
$7,318.35 Total Penalties after remission(s):
$1,195.00
$7,318.35

EFFLUENT;
COT 157013
NPDES PERMIT NO. NCO079481
DISCHARGE NO.
001
MONTH
AUGUST YEAR 2013
FACILITY NAME HARMONY ESTATES
CLASS
11
COUNTY McDOWELL
OPERATOR IN RESPONSIBLE CHARGE (ORC)
PHILLIP PITTMAN
GRADE
111 ONE 828R650006
CERTIFIED LABORATORIES 1 WATER TECH
121
CHECK BOX IF ORC HAS CHANGED Lj
PERSON(S) CO
CTING SAMPLES
PHILLIP
P MpN
,a
M
Mail ORIGINAL and ONE COPY to
x
ATTN: CENTRAL FILES OCT 0 y `�
�111.9;
(SIGNATURE OF OPERATOR
IN R NSIBL
*R(E1`'
7'
� ` ` yam, DATE
DMSIONOFWATER QUALITY Ul 1
16171Nai1Service Center
BY THIS SIGNATURE, ICERTIFY THATT RfIS
ACCURATEANDCOMPLETETOTHE'BESTOF KNOWLEDGE
c•
,
RALEIGK NC 27899-1617 _ ,.,. , „� n
i ,•.,� `
`�'� y
50050
00010
00m
50060
00310
00610
00530
1616
00300
z
FLOW
Ul
z
Lu
(mm
tJi
F
�=
r�
m
r
u SE
-' x
0
��
130
O
a
n
Z
Cm
�w
�,.j
W
:%
c
',�
QF
f
V;
W
g
o
Q
J
y
us
0
LLW
S
0
IUGILI
Q
08
1 O10 /
•
Pt
0 0.03/
o re:t
Jim==
11201
19.8 1 <0.2 1 10 1 26

raaifty Smaw:: (_pimpat c e=k one of Me fallowing) _
.411 monirmine &am ant; canwh g m--A permit Tr5ES��__,�
Canml�ant
;11 ii�g dam mid semnling fra.J_tteltr"'c dfl NOT mrwt pt ntl txi=esneots
Noncololiiant
i' we fniiiir iS $(IItL'UIII4liiam„ picase Cent all �OQ'eCti-ve ac*.ions beiuD mkm in respect tC eguipmmt, q adau. mah" mance, mc-
and, a time -table for immrovements w bV made.
7 c--rtify. mderpenalty of law, that this.document and •all aunctmemts wcre prepared imdermy;tF=tion or supra-dsion in accordance
w& a system designed to assure that .gnaiifmd P=Mmel propedy gamer and malnam the infummLian :sulmiiued B aced m my intltti:y
If the versos oe•ymoms who zaauage the.system; or those.persoms tii=tIy responsible faor galbe.aag -tb-- infa ®anion,-tbe inimm dcm
'snhmittrA ia: to the beg of my Imowledge W bdK huc, accurate, and cadets. I an awm that:xhere.are MMUM antVeaaltiw for
-mbmittiu." false in%qfiali. inrindmg tttepow'Wity of fines :and imorlsoncomt tut to "
m W, N 9 1 LWAPRIMM's-,r'/�i
Sitmatms
off.
Dots
-.5
My/ti
D iy
IV C 2 C7,3 `Z_ ..Y2,V
#67 6r.7Z
Petmitlsa Addrrss
-
n one �►+utmber
Pest r�rn. Dais
p� .CODES
'
00010 TCUP=Rtore
00556
(Al do Cucase
00951
Total Plaoride
01067 MCI ^Pt
54060 Total
00076 Turbidity
006m
TotalNumgen
mom
TotalArsmic
olun .aver _
Residual
00080 Color (Pt -Co}
OC?o-10
A•too o- is lvmruymn -
010M 7jn
Chlorine
0008: Coh r (ADI iI)
OD05
Total r4cMal
01027
Cadmhun
011p3 AhMIiEUXII ,
Nitrogcm
00095 °Conductivity
OD630.
NihVcs%rm:ites
0101-
H=avalaot Ctrrtmmimm
01147 Tool Selenium.
71880 Fawmaldebyde
003M Dissolved Orygtm
01034
Chromium
51616 Peca3 Colifotm
71900 Iderctup
00310 .BODS
W665
Total PLosllbmm
32730 Total I'ba nolics
M51 3yleme
0)-340 COD
0D720
C'ydnide
01037
Total Cobalt
34235 Bt=ne
ONM pE
OD745
Total Sulfide
DI.M
Copper
34481 Toone
00530 Total Suspended
00927
Total IdLpcmmm
01045
Iron
392601MAS
Residue
WSW
Tots] Sodt m
01051
Lead
39516 PCBs
OUM5 Settleable Matter
•0D940
Tom] 0do de
01062
1vlolyhdermw
50050 -RUVI,
Parma--mr Coda assiatsnce may obtained by calling the Poimt Source Com PliStfur.�.^,nt Dnit at (019) :r_ SOS5 or by visiting
the Wa m Quality Section's web site at h2o.etlr.=- nc.usiwos and Belting to the •Qnil's imfatmati® pagrs-
-Use only utdU tiesipated im the reputing iadW s ptumit for xcpmt mg data_
ORC mast visit iaciiity and document visitatim o; facility as required pm i 5 NCAC SG -020g.

EnterNerify Violati ons
't4
—'a
Limit Violations. _j Monitoring Violations Reporting Violations [ Other Violations
=NCO= =-Deta 079481 D- =F oft:, -Details-.
Permit: -Details..., -".-SOC' F �?e'- 191onitoring Rep
Facility: Harmony Estates WVVTP Details.._ Region: County: McDowell__j
Owner: IDennisJ Whitson J[L�aintain- Incident E=Detall —Ej Inspect. Dt:
I Facility Reported As: Ck,Compliant -',--�,Non-Compliant (DNat Reported Is signed Report Type: DIvtR
.*Outf.'--..
001
* xLocation *Parameter
Effluent lColiform, Fec ...
j2I
08f13!2013 ❑
'Description
Daily foaximurn ...
SOC
❑
Limit
400 ...
'C21CU...
470 ...
Unit % Over
#/100mI1117.5
Action
001
Effluent Solids, Total ...
08M312013 ❑Daily
blaximum ...
El
45
57.9 ...
mg/I 128.666...
A
IIIT--7
NOV.-
... . . ... .. .....
Add'
Help
p— Finish, a n c;l
2 Limit Violations found. Ready SID: VLLP

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat. McCrory Thomas A. Reeder
Governor Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Dennis J. Whitson
Harmony Estates WWTP
3800 Sugarhill Road
Marion, North Carolina 28752
Dear Mr. Whitson:
November 5, 2013
7012 1010 0002 1967 7015
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking #: NOV-2013-LV-0678
Harmony Estates WWTP
NPDES Permit No. NCO079481
McDowell County .
ILk�
t� n�1 yn
John E Skvarla, III
Secretary
A review of the August 2013 self -monitoring report for the subject facility revealed violations of the
following parameters:
Date
Outfall
Parameter
Reported Value
Permit Limit
08/13/2013
001
Fecal coliform
470 #/ 100 ml
400 #/ 100 ml
08/13/2013
001
TSS
57.9 mg/ 1
45 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. NC0079481.
Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be
assessed against any person who violates or fails to act in accordance with the terms, conditions, or
requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information
regarding the noted violation, request technical assistance, or discuss overall compliance please respond in
writing within ten (10) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the August 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://portal.ncdenr.org/web/wq/ws
An Equal Opportunity/ Affirmative Action Employer

Mr. Dennis J. Whitson
November 5, 2013
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,
C
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
WQ Central Files
WQ Point Source Branch
Philip Pittman/ ORC
G:\WQ\I, W P\ivlcDowel l'�Wasteyvatcr\h4inors\Flannonv Estates 74481\NOV-NRE-2013-LV-0678.doe

NC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Dennis J. Whitson
Harmony Estates WWTP
3800 Sugarhill Road
Marion, North Carolina 28752
Dear Mr. Whitson:
Division of Water Resources
Water Quality Programs
Thomas A. Reeder
Director
November 5, 2013
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking #: NOV-2013-LV-0678
Harmony Estates WWTP
NPDES Permit No. NCO079481
McDowell County
John E Skvarla, III
Secretary
A review of the August 2013 self -monitoring report for the subject facility revealed violations of the
following parameters:
Date
Outfall
Parameter
Reported Value
Permit Limit
08/13/2013
001
Fecal coliform
470 #/ 100 ml
400 #/ 100 ml
08/13/2013
001
TSS
57.9 mg/ 1
45 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. NC0079481.
Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be
assessed against any person who violates or fails to act in accordance with the terms, conditions, or
requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information
regarding the noted violation, request technical assistance, or discuss overall compliance please respond in
writing within ten (10) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the August 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://portal.ncdenr.org/web/wq/ws
An Equal Opportunity/ Affirmative Action Employer

Mr. Dennis J. Whitson
November 5, 2013
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
Philip Pittman/ ORC
(i:\WQ\Ski'P\.1.1cDowell\Wastewater\Minors\I-larnonv Estates 79481':NOV-NRL=2613-1,V-0678.doc

:Ip
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Certified Mail # 70121010 00621965 7970
Return Receipt Requested
January 13, 2015
Dennis J Whitson, Owner
Dennis J Whitson
3800 Sugarhill Rd
Marion, NC 28752
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 No. NCO079481
Dennis J Whitson
Harmony Estates WWTP
Case No. LV-2015-0003
McDowell County
Dear Permittee:
Donald R. van der Vaart
Secretary
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $409.26 ($250.00 civil penalty.
+ $159.26 enforcement costs) against Dennis J Whitson.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report
(DMR) submitted by Dennis J Whitson for the month of May 2014. This review has shown the subject facility to' be in
violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0079481. The
violations, which occurred in May 2014, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Dennis J Whitson violated the terms, conditions or
requirements of NPDES Permit No. NCO079481 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 Environment and Natural Resources and the Director of the Division of Water
Resources, I, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil
penalty assessment against Dennis,J Whitson:
2090 U.S. 70 Mgh ay, Swannanoa, NC 28778
Phone: [phone] \ Internet: wwwmcdenr.gov <http://wtivxv.nedenr.gov>
An Equal Opportunity Affirmarive Action Employer- Made in part by recycled paper

$250.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0079481, by discharging
waste water into the waters of the State in violation of the Permit Monthly Average for NH3-N -
Conc.
250.00 TOTAL CIVIL PENALTY
159.26 Enforcement Costs
$409.26 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 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:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
2

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained
in the civil penalty assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation
and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why
you believe the civil penalty should be remitted, and submit it to the Division of Water 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 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:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3

Option 3: File a petition for an administrative hearing with the Office of administrative Bearings:
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 DENR as follows:
Mr. John Evans, 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.
4

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,
for Thomas A. Reeder, Director
Division of Water Resources, NCDENR
By G. Landon Davidson, Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDENR
ATTACHMENTS
Cc: 4W:Q-Sr&,s uilde�Reg�bnal��f£ce�I foice�mentF'le. (w/attachments)
NPDES Compliance/Enforcement Unit - Enforcement File (w/attachments)
Central Files, Water Quality Section (w/attachments)
1

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2015-0003 County: McDowell
Assessed Party: Dennis J Whitson
Permit No.: NCO079481 Amount Assessed: $409.26
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. §
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 DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Dennis J Whitson )
Harmony Estates WWTP )
PERMIT NO. NCO079481 ) CASE NO. LV-2015-0003
Having been assessed civil penalties totaling $409.26 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated January 13, 2015, 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
Dennis J Whitson
CASE NUMBER: LV-2015-0003 "
PERMIT: NCO079481 FACILITY: Harmony Estates WWTP COUNTY: McDowell REGION: Asheville
Limit Violations
MONITORING OUTFALL! VIOLATION UNIT OF CALCULATED % OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$250.00 5-2014 001 Effluent NH3-N - Conc 5/31/14 Weekly mg/I 2 2.70 36.15 Monthly Average Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE)
Violator: Harmony Estates WWTP/ NCO079481 / Dennis J. Whitson
(May 2014 DMR)
County: McDowell
Case Number: LV-2015-0003
8 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;
One Monthly Average Ammonia Nitrogen exceeded the permit limit by 36.6%.
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.
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.
$159.26.
Date G. Landon Davidson, Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office, NCDENR
01 /13/2015

EFFLUENT
• � :�� , ram:::
2 3 20 %
NPDES PERMIT NO. NCO079481 DISCHARGE NO. 001 MONTH MAY YEAR 2014
FACILITY NAME HARMONY ESTATES CLASS 11 COUNTY McDOWELL
OPERATOR IN RESPONSIBLE CHARGE (ORC) PHILLIP PITTMAN GRADE 111 PHONE [phone]
CERTIFIED LABORATORIES 1 WATER TECH I21 .
CHECK BOX IF ORC HAS CHANGED PERSON(S) COLLEC G SAMPLES PHILLIP PiTT AN
Mail OR' x
ATTN: CENTRAL FILES ASIGNATURE OF OPERATOR IN RESPONSI CHARGE) j DATE
DMSON OF WATER QUALITY BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS
1617 Mail Service Center ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE J�`k
RALEIGH NC 27699-1617 ;
WATER. QUALITY SECTION
INFORMATION PROCESSING UNIT
�/V
NOTE: •ALL QC NOT MET
DEM Form MR-1(12/93)

=aa3iry S'canys: (pa= ca::;r GDs Of tot 1a11owjuvj
rj] ,n�nuirerie� egg&eg=ciw 3CtYCM&LS
Cat
ED
Na onc ii mt
�--"'� is anouc_,,.ngaiam,. �t m cmv=vc btu t�� � ' , ffiffin[l C�t
etc-
Ya a'a t aaa.,,+t,
�..� ., ' I,t,,.. /i�,F /, =1 : AIL Isl(+'„I1:—S:, ell,l : � .I=„/ ,Ilj,�, � ,t .- ';,,_1 ,1, . s; 1., • ;1/_«, .;,1 �,, lill/.�. �� :, .,! „ , wI1 . S,i r.'
.111 1 %,:i J1�1 it .w 11-i /1 ., 41r I f 11 7•.-/:l li!I.Y� !i f 1.�/ ' ' :.1'I :,1 , ,'11;1'i 1 IInvt 1: 1:' 1MTV1i11�11111 �1 � �,�-'�_ '1'/l1' 11 l 11f
-. - 1 }.� /'i :..1 �'.111•` ifl 1 'I-J it r;lll :11lf tl atL Sit{11 }I�, �J':i
'1( 13:t111:1t�'t tl 11:r..�'. !! i .+r 1. /,•
f(nt t.•I.i , ►�a/117::1i' .I! L M.I11,I+{."' :1IY t': Y• It f'
;1!=('ltl .ili II I/•'Till: / :11,' 11- I1 lull tll• 1-4 '•l It ,' I' 111 '1 t/ /11:111 i)I), I;lol. 1.
OOd1O T
OD06 OR & Crcm .
-1
-Total P.t u*ft
01067 -J d : 5b= Total--'
am .sty
OWW ToW
-01OO2
ToWAuvdc
O1077 SRV= dal
OOQBO Cfllaz ( t-Cb}
U(is"10 am�a
0I09-7 zn:.
ODOR .0 tiir�
WO-51 TOW rjcMd
OR77
r'2�I�
COO95 �,
OD®O 2 ate l�ctults'
O1Sh'
Hcxaroafqut
01147 'Total del . 71S$0 ldcbyft
U0300 Dis ad [lacygoo
M(54
Cbramb m
31616 %1 cwummu 71901) - =
oha �xy1Cw
Tag m®�51 G
] �'DI87
.CyauWc
OB40 C m
M
01(7
Tot Cdbatt
34ZS Im see
OD4W pE
09745 TOW SUMO -
(800
C
344M Tdumc
35�► �-'4S
Om0 Taal suslm ed .
00927 Toudlbpc3mm
D1W
3=
' ..
0 'i9- .ToW Sago _
M051
Lead_
39516 P s
OW5 Settteabk
TWW ('1111 t.
M062
&loivbdcn=
.
udsimm
M=yby -cog- Point
Sony uen
-at (9719) S-SM as by ►€
-ft,Wgw Q/,ap+�/�� Stc&w
1,dwainod
s ►o W S�t� ST �'la! yemr A AP_
1f ?�5
l�r.7.,,1�1.7, TL.
satmn.�lm QO L�G ,JY7a�1.� es-
L�
ORCzm vim a= -a ty and .r:_.eieln= ofas pr.l-` NC4LC bG _MO4-

Permit Enforcement History Details by Owner
1 /13/2015
1
Owner: Dennis J Whitson
Facility : Harmony Estates WWTP
Permit; NCO079481
Region : Asheville
Penalty
Assessment
Case MR Approved
PP
Number
County : McDowell
Penalty Enforcement
Amount Casts
Remission Enf
Request Conf
Damages Received Held
Enf
Remission
Amount
EMC
Hearing
Held
EMC OAH
Remission Remission
Amount Amount
Collection
MemoSent
To AGO
Total
Paid
Balance
Due
Has
Pmt
Plan
Case
Closed
LV-1999-0432 10/22/99
$1,000.00
$43.20
$1,043.20
$0.00
No
11/24/99
LV-2000-0028 1/28/00
$250,00
$43.20
$293.20
$0.00
No
8/17100
LV-2001-0229 6/25/01
$1,000.00
$81.38
7/23/01 8129/01 $0
$1,081.38
$0.00
No
10/15/01
LV-2006-0215 4-2006 7/5/06
$250.00
$100.00
$350.00
$0.00
No
9/5/06
LV-2006-0237 5-2006 7/18/06
$250.00
$100.00
11/15/07
$350.00
No
LV-2006-0400 6-2006 10/17/06
$250.00
$208.57
$458.57
$0.00
No
11/29/06
LR-2006-0035 8-2006 10/23/06
$500.00
$100.00
$600.00
$0.00
No
11/30/06
LR-2007-0014 2-2007 5/1/07
$1,000.00
$100.00
8/8/07
$0
9/11108
$0.00
$1,100.00
$0.00
No
12/9/08
LV-2009-0116 11-2008 4/8/09
$600.00
$65.00
$665.00
$0.00
No
5126/09
LM-2009-0018 12-2006 4/14/09
$300.00
$65.00
$365.00
$0.00
No
5/26/09
LV-2010-0211 2-2010 7/2110
$100.00
$67.00
$167.00
$0.00
No
911110
LV-2013-0173 6-2013 9/26/13
$450.00
$147.50
5/9/14
$597.50
$0.00
No
6112114
LV-2013-0209 8-2013 11/22/13
$100.00
$147.50
5/9/14
$247.50
$0.00
No
6/12/14
Total Cases: 13 Total Penalty Amount:
$6,050
Total Enforcement Cost:
Sum of Total Case Penalties:
$1268.35
$7,318.35
Sum Of Total Paid: $6,968.35 Total Balance Due:
Total Penalties After Remissions:
$350.00
$7,318.35

North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
Certified Mail # 7012 1010 0002 1965 7970
Return Receipt Requested
January 13, 2015
Dennis J Whitson, Owner
Dennis J Whitson
3800 Sugarhill Rd
Marion, NC 28752
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 No. NCO079481
Dennis J Whitson
Harmony Estates WWTP
Case No. LV-2015-0003
McDowell County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $409.26 ($250.00 civil penalty
+ $159.26 enforcement costs) against Dennis J Whitson.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report
(DMR) submitted by Dennis J Whitson for the month of May 2014. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0079481. The
violations, which occurred in May 2014, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Dennis J Whitson violated the terms, conditions or
requirements of NPDES Permit No. NCO079481 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, Regional Supervisor, Asheville Regional Office hereby make the following civil
penalty assessment against Dennis J Whitson:
2090 U.S. 70 Highxvay, Swannanoa, NC 28779
Phone: [phone]�00 \ Internet: wwtiv.ncdenr.gov <http://wmrxv.ncdenr.2ov>
An Equal Oppotnmity \ Atlimtative Action Employer- Made in part by recycled paper

$250.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit NO.NC0079481, by discharging
waste water into the waters of the State in violation of the Permit Monthly Average for NH3-N -
Cone.
250.00 TOTAL CIVIL PENALTY
159.26 Enforcement Costs
$409.26 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. 14313-282. 1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (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 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:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
2

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained
in the civil penalty assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation
and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why
you believe the civil penalty should be remitted, and submit it to the Division of Water 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 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:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3

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 DENR as follows:
Mr. John Evans, 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.
4

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,
for Thomas A. Reeder, Director
Division of Water Resources, NCDENR
By G. Landon Davidson, Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDENR
ATTACHMENTS
Cc: WQS Asheville Regional Office - Enforcement File (w/attachments)
NPDES Compliance/Enforcement Unit - Enforcement File (w/attachments)
Central Files, Water Quality Section (w/attachments)
5

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2015-0003 County: McDowell
Assessed Party: Dennis J Whitson
Permit No.: NC0079481 Amount Assessed: $409.26
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. 143B-282.1(b) were wrongfully applied to
the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Dennis J Whitson )
Harmony Estates WWTP )
PERMIT NO. NCO079481 ) CASE NO. LV-2015-0003
Having been assessed civil penalties totaling $409.26 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated January 13, 2015, 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
ADDRESS
TELEPHONE
SIGNATURE

ATTACHMENT A
Dennis J Whitson
CASE NUMBER: LV-2015-0003
PERMIT: NCO079481 FACILITY: Harmony Estates WWTP COUNTY: McDowell REGION: Asheville
Limit Violations
MONITORING OUTFALL /
VIOLATION
UNIT OF
CALCULATED
% OVER
PENALTY REPORT PPI LOCATION PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT VALUE
LIMIT VIOLATION TYPE
$250.00 5-2014 001 Effluent NH3-N - Conc
5/31/14
Weekly
mg/I
2 2.70
36.6 Monthly Average Exceeded
,J

EFFLUENT
3,
NPDES PERMIT NO. NCO079481 DISCHARGE NO. 001 MONTH MAY YEAR 2014
FACILITY NAME HARMONY ESTATES CLASS 11 COUNTY MCDOWELL
OPERATOR IN RESPONSIBLE CHARGE (ORC) PHILLIP PITTMAN GRADE 111 PHONE [phone]
CERTIFIED LABORATORIES Ill WATER TECH 121
CHECK BOX IF ORC HAS CHANGED PERSONS) COLLEC G SAMPLES PHILLIP PITT AN
Mail ORIGINAL and ONE COPY to: x L %' �'✓ ' j
ATTN: CENTRAL FILES (SIGNATURE OF OPERATOR IN RESPONSI CHARGE) DATE
DIVISION OF WATER QUALITY BY THIS SIGNATURE; I CERTIFY THAT THIS REPORT IS
1617 Mail Service Center' ACCURATE AND COMPLETE TOTHE BEST OF MY KNOWLEDGE 1
RALEIGH NC 276994617
WATER QUALITY SECTION
INFORMATION PROCESSING UNIT
Mi� tf_j,�
NOTE: ALL QC NOT MET
DEM Form MR-1(12/93)

!ill mamma dgn and g IMQ=ceCs m= P -,4. ors
' I�am^.omom�iant . -
y= � ;fig is a�arn=u•c� � v� acti,oa: araag tr�n is x is mnzp>a�ut, on�ati.�, =rn
and a ,icy-� for ors w 1� m�1e-
9 r�tiF�,.�dcr afla�r, tit iWS do dMM aW aIl aMWIMM Vmdrrmf an irsi er,�sitmin a
ar m a Sys= de pe& W a=r--mat; prop y alld Dvatum iitcnmcmriam=sv d.. Based On n
of rbc,MM3(m afpastm� �uho. meatag� the aye ar a fly foi _sing �s �fo®o � s ommahom
ss= to: bee a m�rmo �l ;hM . aati.e e . jaau aura �i 2he�oesa� ,
_ . �.
him Mf=obm kdncrmg.tt .ofrn=lad mdsmnnm far$n
-C7�)L
g c� JCS rvc z'-'7s-z
p�t� t► CODES -
_
.'
OMO Tao ume OQS6- CM & Csicm
0001 -Tbiai VAu dtl--
OICM -Mckei
�DQSO Tatal_•, : _:.
_ WM =ToWAIU m--010QZ
UOd76 ; Tity
TotalAiaenic
01077 der
...
.
�t-C1a}
cmf3eilaor 0(to'lo A�ommalmaojm
0109? gym:-.:
{�ltmme
flMj2 ' Cdlw (ADJQ 0905 Totai
01MY7
00 5 C iip _ OD630
M(M Hcsavarent C�mn
01147 Tatai Sele� -
71S$Q "Tumatd�yde .
(XBW Divmlvad W
0164 Core a
31616 ?scai`CoTifa�u `
'71900 3d�c�
DE40 CM ODm C'yanido
0107 Tcail .a' bats
34M. lti=:�Me
.p$ _ OD m TOW Snt� -
Ql(>="� Copper ... .
34461
/(70@OD
'... am-To®15ad- .
Mosi Lend_
39516 PCBs.
Oa545 Setbteeldemamw QOn40 -TOW Cbkdft. .
W062
50M 7AW
_
p 'MITCode assi_� 3' abtamalby-ca9img 6�A'- r SOWx
Tnrt sa (�7 9)'i3="-3�a
air S
,d=Wdw Quaaystcdw2s WGb Sft 8[;+'M••••• etxs _ne
urns mw rmv-mD-to tlMUM'S
wwom6w 1�R1'cs-
L�
- ORCzm vm nm-My and der v=mlim 'o fadiitW SG .m.

Permit Enforcement History Details by Owner
1 /13/2015
1
Owner: Dennis J Whitson
Facility: Harmony Estates WWTP
Permit: NCO079481
Region : Asheville
County : McDowell
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
LV-1999-0432 10/22/99
$1,000.00
$43.20
$1,043.20
$0.00
No
11/24/99
LV-2000-0028 1/28/00
$250.00
$43.20
$293.20
$0.00
No
8/17/00
LV-2001-0229 6/25/01
$1,000.00
$81.38
7123101 8/29/01 $0
$1,081.38
$0.00
No
10/15/01
LV-2006-0215 4-2006 7/5106
$250.00
$100.00
$350.00
$0.00
No
915106
LV-2006-0237 5-2006 7118106
$250.00
$100.00
11/15/07
$350.00
No
LV-2006-0400 6-2006 10/17106
$250.00
$208.57
$458.57
$0.00
No
11129/06
LR-2006-0035 8-2006 10/23/06
$500.00
$100.00
$600.00
$0.00
No
11/30/06
LR-2007-0014 2-2007 511/07
$1,000.00
$100.00
8/8/07
$0
9/11/08
$0.00
$1,100.00
$0.00
No
1219/08
LV-2009-0116 11-2008 4/8109
$600.00
$65.00
$665.00
$0.00
No
5/26/09
LM-2009-0018 12-2008 4114109
$300.00
$65.00
$365.00
$0.00
No
5/26109
LV-2010-0211 2-2010 7/2110
$100.00
$67.00
$167.00
$0.00
No
9/1110
LV-2013-0173 6-2013 9/26113
$450.00
$147.50
519/14
$597.50
$0.00
No
6/12114
LV-2013-0209 8-2013 11/22/13
$100.00
$147.50
5/9/14
$247.50
$0.00
No
6/12/14
Total Cases: 13 Total Penalty Amount:
$6,050
Total Enforcement Cost:
$1268.35
Sum Of Total Paid: $6,968.35
Total Balance Due:
$350.00
Sum of Total Case Penalties:
$7,318.35
Total Penalties
After Remissions:
$7,318.35

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE)
Violator: Harmony Estates WWTP/ NCO079481 / Dennis J. Whitson
(May 2014 DMR)
County: McDowell
Case Number: LV-2015-0003
8 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;
One Monthly Average Ammonia Nitrogen exceeded the permit limit by 36.6%.
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.
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.
$159.26.
Date G. Landon Davidson, Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office, NCDENR
01 /13/2015

La
NC® NR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E Skvarla, III
Governor Secretary
December 9, 2014
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7012 1010 0002 1965 7871
Mr. Dennis J. Whitson, Owner
Harmony Estates WWTP
3800 Sugarhill Road
Marion, North Carolina 28752
Subj ect: Notice of Violation and
Recommendation for Enforcement
Tracking #: NOV-2014-LV-0519
Harmony Estates WWTP
NPDES Permit No. NCO079481
McDowell County
Dear Mr. Whitson:
A review of the May 2014 self -monitoring report for the subject facility revealed a violation of the
following parameter:
Date
Outfall
Parameter
Reported Value
Permit Limit
05/31/2014
001
Ammonia Nitrogen
. 2.73 mg/ 1
2 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. NCO079481.
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 May 2014 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://portal.nedenr.org/weblwq
An Equal Opportunity/ Affirmative Action Employer

Mr. Dennis J. Whitson
December 9, 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 thisand 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, NCDENR'
Asheville Regional Office
�cc==WQt�lskte�alleFiles<
MSC 1617-Central Files -Basement
WQ Enforcement/ NPDES Point Source Branch
G.'�YR:L\'Q`1cDoneIl`:LVasenatzr.Lifnars;FlarmonyE,ra[L5^r4)5P\'pV-\ltf• (114-LV-OS19.doc

Pat McCrory
Governor
A
NC®ENR
North Carolina Department of Environment and Natural Resources
December 9, 2014
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7012 1010 0002 1965 7871
Mr. Dennis J. Whitson, Owner
Harmony Estates WWTP
3800 Sugarhill Road
Marion, North Carolina 28752
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking 9: NOV-2014-LV-0519
Harmony Estates WWTP
NPDES Permit No. NCO079481
McDowell County
Dear Mr. Whitson:
John► E Skvarla, III
Secretary
A review of the May 2014 self -monitoring report for the subject facility revealed a violation of the
following parameter:
Date
Outfall
Parameter
Reported Value
Permit Limit
05/31/2014
001
Ammonia Nitrogen
2.73 mg/ 1
2 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. NCO079481.
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 May 2014. 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://portal.ncdenr.org/web/wq
An Equal Opportunity! Affirmative Action Employer

Mr. Dennis J. Whitson
December 9, 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, NCDENR
Asheville Regional Office
cc: WQ Asheville Files
MSC 1617-Central Files -Basement
WQ Enforcement/ NPDES Point Source Branch
G'NV 9i',tt'Q',AfcD,weIAWa Estates 7948I.\'0V \12i-2014-I.-0519.dac

COMPLETEe •MPLETE THIS SECTION ON DELIVERY
■_Cornnista._ib-A _0- e...+ -- - - - -- - "- Signature q�
gent
lorth Carolina Department of Environmental Quality > , ❑ Addressee
)ivision of Water Resources 3eceived by (Prints e) C. Date of Delivery
Vater Quality Regional Operations Section
I go U.S. Highway 70 _1
,wannanoa, North Carolina 28778 '" s delivery address different from item 1? ❑ Yes
f YES, enter delivery address below: ❑ No
)ennis J. Whitson, Owner
)ennis J.. Whitson
=0 Sugarhill Road
Oarion, NC 28752
IIIIIIIil,i��.hI��II�IIiiIII�tIILltittllvl�I�II�UIIILr�ri
.fl kfl�l'I IIII I'l l l I I I I I IIII II IIII III IIIIIII III
9590 J403 06 /2 5196 9530 53
, ?.012% i101Q i 0'p021 196,5 6E
�.. r__�'44iii A_.fl 'nniG'now, �sc011 nn_nnn onGa iA
3. Service Type
❑ Priority Mail Express®
ElAdult Signature
❑ Registered MailTM
❑ Adult Signature Restricted Delivery
❑ Registered Mail Restricts
Certified Mail@
Certified Mall Restricted Delivery
Delivery
Return Receipt for
ollect on Delivery
Delivery Restricted Delivery
Merchandise
0 Signature Confirmation*"
Aail
❑ Signature Confi atIon
Delivery t
,Restricted Delive
�Af'ifRestrlcted
/ 1/ /1 VAC, Domestic Return a 'pt

UNITED STATES;Q7 F1,k15'0 First -Class Mail
Postage &Fees Paid
--'' USPS
215 , ''gym Permit No. G-10
• Sender Ae'ase print your name, address, and ZIP+4® in this box*
jANET CANTWELL' ..
NCDEO-DWR-WOROS
2090 U.S. HIGHWAY 70
SWANNANOA NC 28778
USPS TRACKING#
SO- ` %, -
0'% OPet
ans
, � 1 ��
, Y!iatzl�
9590 94(]3 �12 2 5196 15 16 ,i71it"?i

t�
North Carolina Department of Environmental. Quality
Division of Water Resources
Water Quality Regional Operations Section
2090 U.S. Highway 70
Swannanoa, North Carolina 28778
elved by (Printed ,Name) C. Date of Deliver)
ielivery address different from item 1? ❑ Yes
(ES, enter delivery address below: ❑ No
Dennis J. Whitson, Owner
Dennis J..-Whitson
3800 Su�Wh-ill Road
Marion, 28752
'II��I�I��I'I�II�I'�Illlllltlllltlttlllll�'��I��'�I�I��IIIIII�I�'
3. Service Type
O priority Mail Express@
`�IIII'I
IIII
III
I
I I I I
I I IIII
II IIII
II
I IIII
it
I III
Signature Restricted Delivery
❑ Registered ed Mail Restricte
9590. 9403 0672 5196 9586 90
Certified Mail@
Went fled
❑ Certified Mail Restricted Delivery
Delivery
ec
� Return Reipt for
❑ Collect onDelivery "
❑ Collect on Delivery Restricted Delivery
-'
Verchandise'
Signature Confirmation*"
❑ Signature Confirm n .
2._Artidle-Numb.@L(fiaLlsfe� from service label
- - Mail
" + ' I I
7 0112 1-0 10100021 19 Ei 5; i5 83 9 f
:Restricted Delivery
't i
.:IO�ifiRestriaterJtDelivefy'
i i
iC 1=, ,, ' Ri 1 nI 9nipq!4rh-nIn' -*nsil IMV. ad iie . M V D b u Domestic Return RecLipt

UNITED STATES 9:iALf-'§§E A�'i6g'-
E,SI ; •it
-to Jufo
First -Class Mail
es
USPS
` Permit No. G-10
• Sender: Please print your name, address, and ZIP+Jlgiigthis b •
co
JANET CANTWELL
'�
F G�
NCDEO-OWR-WGROS
,
r 7
M90 U.S. HIGHWAY 70
SWANNANOA NC 28778
1^�7
j
Sm
"�
USPS TRACKING#

■ lete items 1, 2, and 3. Also complete
ite 4 If Restricted Delivery Is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
I. Article Addressed to: ,
Mr. Dennis J. Whitson
3800 Sugarhill Road
2.1 Marion, NC 28752
A. Sig ture
X Agent
❑ Addresse(
B. Re ived by (Printed Name) C. Date of Deliver)
q-\,A,-I)a
D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
3. Service Type
-Certified Mail U Express �llall" :r
Registered etum Re.40t for Merchandise
❑ Insured Mail C.O:D:,
4. Restricted Delivery?? (Extra Fee) ❑ Yes
--72! 8 0' 0023 0874 932211 r`1.1`Al <<U.-VZ.�
:)S Form 3811, February 2004 Domestic Return Receipt -; ,

UNITED STATES POSTAL SERVICE
A.S';H EVILLE
• Sender: Please '*idl,'ycrLi
(\Yr
JA
NC
2090
SWA
naryle, addre§i3*, and'ZIPO
-S p 5 .S �11HQW54.
JANOA NC'28778

COMPLETE THIS SECTION ON DELIVERY
■ (014
lete items 1, 2, and 3. Also complete �`, FA, Signature
itif Restricted Delivery is desired. �Gf �I`�/f, ❑ Agent .
■ Print your name and address on the reverse V ❑ Addresse
sn thM+ 1..o --+• •- •'- — - - 'nted Name) C. D�te of Deliver
North.Ca(olina Department of
Environme and Na`ural r�re�sources 7 Y�l <<%
Q170A
Division of�Water,.Quality, different from item 1? ❑ Yes
�� Surface.`JVater Prot\cton Sectjon,eryaddress below: ❑ No
NC®��� 2090 U.S. Highway?70; Svvar�n�tioa�f G�8y�8!
v /.
MR. DENNIS J. WHIT
HARMONY ESTATES
3800 SUGARHIL'L .F,C
MARION, NC 28752
-- .7:00
7 1,490 0004;
PC P- RR11 FAhnigry 2004
3. �ceV7ype :.
/�,e�tified Mail �at.rn
pressMailegistered Receipt for Merchandis
Insured Mail -O.D.
�j `;� Restricted Delivery? (Extra Fee) ❑ Yes

UNITED STATES POSTAL SERVICE
• Sender: Please print your name, address'
JANET CANTWELL
NCDENR-DWQ-SWP `�
2090 U.S. HIGHWAY 70
SWANNANOA NC 28778
0
I -.�, 510-7-
M

COMPLETE THIS SECTION ON DELIVERY
■ C to items 1, 2, and 3. Also complete A. ' ature
itel if Restricted Delivery is desired. 11 0 Agent
■ Print your name and address on the reverse X KJA)/�7�:V❑ Addresse(
so that we can return the Card to you. B. a Ived dy (Printed Name) C. Dat of Deliver)
■ Attach this card to the back.of the-mailpiece.___
North Carolina Department of different from Item 1? ❑ Yes
Environment and Natural Resources fiery address below: ❑ No
Division of Water Quality
f� N�DENR 2090 U.S. Highway
Water Protection Section
70, Swannanoa, NC 28778
DENNIS J WHITSON, OWNER
3800 SUGARHILL ROAD s. S rviceType
NA Certified Mail press Mail
MARION NC 28752 Registered RetumRece rMerchandlse
❑ Insured Mail C.O.D.
- ' - - -- ---- - -- --- - ---- 4. Restricted Delivery? ( -Fe.)
70.07 1490 0004 0713 9325 Lm 'LU U q `o is (,;
4Qi i nnne n.... +I- D-+,. , D... i ,t 1029A5-02-M-154

UNITED STATES POSTAL SERVICE
• Sender: Please print your name, at
,a
:1 P+4-�ffth isld,,,
CIV

■ C�te items 1, 2, and 3. Also complete
ite 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 mailplece,
or on the front if space permits.
Article Addressed to:
Mr. Dennis J. Whitson, Owner
3800 Sugarhill Road
Marion, North Carolina 28752
A. Signature
X /—\�
B. Rec#ed by (Printed Name C.
TO 6 ar-'yt'�� i
D. Is delivery address different from item 1?
If YES, enter delivery address below:
❑ Agent
❑ Addressee
ate of Deliver}
io)oq
❑ Yes
❑ No
Xe TypeerictifiedMa4Retum
Express Mailegistered Receipt for❑ Insured MailC.O.D.
4. Restricted Delivery? (Extra Fee) ❑
-7007
1490 0004
0713 9271
- - LV_
�o C..�.�. 4Q� 7
C..L... ..,r.• 7fIf1A
Ilnmeolin Rnfi mn Ronein# ifl'7FQF.f1'J.M.�Fd

UNITED STATES POSTAL SERVICE
° Sender: Please print your name, address, ar
JANET CANTWELL t
NCDENR-DWQ-SWP r i
2090 U.S. HIGHWAY 70
SWANNANOA NC 28778
First -Class Mail
Postage & Fe id
USPS
Permit No. G-
ZIP+4 in this box •

a Complete items 1, 2, and 3. Also complete A. Signature
item 4 if Restrictedapelivery Is desired. X
■ Print your name'ari�c' laddress on the reverse
so that we can return the card to you. B. Rec 'ved by (Printed Name) C. Dab of E
■ Attach this card to the back of the mailpiece, tt{7� �/.�{,
v.a-� � V
s different from item 1? 11 Yes
North Carolina Department of very address below: ❑ No
Y� • WA Environment and Natural Resources
_ --Division of Water Resources
NCDENR Water Quality Section
2090 U.S. Highway70, Swannanoa, NC 28778
Dennis J.)Whitson
_ 3800 Sugarfii11 Road
Marion, NC 28762
3. jSeylceType
Certified Mail
Registered
❑ Insured Mail
Express Mall
Retum Recel
C.O.D.
4. Restricted Delivery? (Extra Fee)
7012
1010 0002
1967 6643
LV - v 13 -
i r
?S Fnrm Rid I 1 _
F-bruary 2004
Domestic Return Receipt
102595.02-M-154

UNITED' STATES POSTAL SERVICE
First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
1i
Sendea Pie rint your name, address, and ZIP+4 in this box •
0
cv
JANET CANTVIr£ECL
NCDENR-DWR-ftS
2090 U.S. HIGHWAY 70
SWANNANOA NC 28778

■ Complete"items 1, 2, and 3. Also complete A. Signature
item-4 if Restricted Delivery Is desired. X &4217
ent
■ Print your name and address on the reverse ❑'Addressee
so that we can return the card to you. B. Rec ved by (Printed Na Date of Deliver
■ Attach this_card,to-the back_Qf the mailniece y
North Carolina Department ofs m Item 1? �Yes �� •- Environment and Natural Resources ress below: 0't
Division of Water Resour s'•
Water Quality.,
NCDENR 2090 U.S. Highway 70, Swannanoa N
Mr. Dennis J. Whitson
r-Harmony EstatesV WTP S rvioeType
3800 Sugarhili Road Certified Mall 0 ExP �t °
Marion, NC 28752 registered ` Ipt for Mercha d
1n1.1L.IX������-Ins Mail ��
4. Restrlcte elive ee) ❑:y
701.2 1010 0002 1967. 6537 htptl /3 -C.I�-UScl.
?S Form.3811. Februarv,2004 .... ::Domestic,Return Receipt 10256s-02-M-154

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
.N ENg?DWR-WQS
2090 U.S. HIGHWAY 70
l SWANNANOANC 28778
'!1#1��i�'li'l�111l1,iti)'i�))��f�illla'eli��,ll,!!�!(1tI11Ii11If1

0 Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery Is desired.
N. Print your name and address on the reverse
so that we can return the card to you.
N Attach this card to the back of the mallpiece,
or on the front if space permits.
1. Article Addressed to:
Wr--Dennis Whitson
3800 Sugarhill Road
-Marion, North Carolina 28752 ----i
A. Signature
wwo—mw
X! An �—rjw
0 Agent
-
1:1 Addresse,
B. Rjjalverl by (Printed Name)
C. Date of Deliver
D. Is delivery address different from Rem 1?
UYes
If YES, enter delivery address below:
0 INo
li
3. ServiceType I j
�— �Irtffled Mail 13 Express Mail
13 Registered 39 Return Receipt for M,erch.andis(
0 Insured Mall E3 C.O.D. I
4. Restricted Delivery? (Extra Foe) 13 Yes
2. Article Numb&i..
:7 Oil 8j: :6: 7 2:
(Transfer fromservki 1;abio
Ps Form 3811,. FdbrdarV 2004: ;r 136ffiestic Return Receipt
1

UNITED STATES
print your name, address, and
�
vi
~
.'---'
"
Water Quality Section
�
`ZOQ0US7OHwy
`
�u-
'
N[ Z877D
y3vvannnanoa,
n this box 11

■ Complete item and 3. Also complete A. Signature
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse X / ❑
so that we can return the card to you. B. Rec ' ed by (Printe Name) C. Date
■ Attach this card to the back of the mailpiece,
North Carolina Department of is fr tfrom item 1? ❑
Environment arrd Natural Resources iv r dress be(�Jv : ❑
_I Divi f-Water Resources)
NCDENR Water Quality Regional Operations Sections �.4
20o
90 U.S. Highway 70, Swannanoa, NC 2877, is I
- dj
Mr.'Denhis J. Whitson
Harmony Estates WWTP 3X0,
ceTyp _ s
3800_Sugarhill Road ertrfi ail Express MaiiMarion, NC 28752 Retu
p Inures all O.D.
Rece ?
I'iIiIiiiIiIiiiIiIiIiilItIlIIllI I 4. Restricted Delivery?'[� ee) 4
7012 1010 0002 1967 7015 1 AIov,;,2013"l'V. '(O%8
PS Form 3811,,,Februaryi2004 s i
i ; Domestic Return Receipt

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
NCDENR-DWR-WQS
2090 U.S. HIGHWAY 70
SWANNANOA NC 28778
i`:�f}ifrrtt'•;F;;if ?} fFiF F�i+?"iiif'jj�i7iii3i ���. }i��(�ifi?

41 Complete items 1, 2, and 3. Also complete A. Signature
item 4 if Restricted Delivery is desired. X
■ Print your name and address on the reverse
so that we can return the card to you. B. RJdelved by (Printed Name)
■ Attach this card to the back of the mailpiece,
❑ Agent
C: Date
i -i,
North Carolina Department of I different from Item
Environment and Natural Resources ery address below:
_Division of Water Resources
`- Water Quality Regional OPerations Section
ii R 2090 U.S. High"y O;-Swahnanoa; NC 28778
NCDEN
Dennis J. WhitsOwner
Dennis J.. Whitson
3800 Sugarhill ffoad
Marian, NC 287537-
�.11I 1 1111I1I111I1I.1I 111I1I1I I11I I 4. Restrictea Delive ry? (Extra Fee)
7012 1010 0002 1965 7970 }
❑ No
i;
3. ee °Ice Type
'IXCertifidd Mail ❑ Express Mail
registered etum Receipt for Merchandise
❑jisured MailaC.O.D.
0
�✓-a olS- a v� 3
RecelDt

UNITED STATEPz�F?Q;3-T.j4.-,,SERVICE:.'-
:i", c
-
Po'�'
L"'U:'p"sic,
o
• Sender- Pl'eas'e print your name, address, Kw-ZlP+4--tn this
I )
LElo
T�K A'5
C
41
9
JANET CANTW91.1
NCDENR-DVVR-WdRO
HIGHWAY 70
2090 U.S.
SWANNAMOA 'NC 28778
Iffliplui - - --I-
111,1i '. .1 II IhIpIpIl
s- Paid
0

■ Complete items 1','2, and 3. Also complete A. Signature
item 4..if Restrictgdq_Delivery is desired. X
■ Print your nameand address on the reverse
so that we can-Wurn the card to you. B. Received by rn t
■ Attach this card to the back of the mailpiece,IVA _
North Carolina Department of s dif
Environment and Natural Resources 6ry
At
Division of Water Resources
Water Quality Regional Operations Section
2090 U.S. Highway 70, Swannanoa, NC 28778
NCDENR
Mr. Dennis J. Whitson ;'AO
S ice Type
Harmony Estates WWTP Certified Mail® P A380_0 Sugarhill Road I Registered
Marion, NC 28762 a urn F
I III I I III I I I I I ❑ Insured Mail o
r I 4. Restricted Delivery? (Extra Fee)
C. Date of
n item f? - Ll Y-S 01
below: -- El No tin
pn
Express'
❑ Yes
7012 1010 0002 1965 7871
PC r:^ gR11 nnmcstic Return Reeeiot

UNITED STATES POSTAL SERVICE
First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+40 in this box•
JANET CANTWELL
NCDENR-DWR-WQRO
2090 U.S. HIGHWAY 70
SWANNANOA NC 28778
"jiiiilliiliririilrirfrjpIll rrrir Ili Ili liillri'i)1'lt'II'NiiIII