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PAWSed 05-2015

_ PAT MCCRORY
Governor
LD R. VAN DER VAART
Secretary
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY '
Director
April 11, 2016
s
Kenneth R. Hodges r
Tro Consultants
PO Box 1051
Flat Rock, NC 28731
SUBJECT: Compliance Evaluation Inspection
Pleasant Cove Home .
Permit No: NCO075388
Buncombe County
Dear Mr. Hodges:,
Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on
March 8, 2016. The facility is currently inactive. Please refer to the enclosed inspection report for observations
and comments. If you or your staff have any questions, please call me at 828-296-4500.
Sincerely,
Linda Wiggs
Environmental Senior Specialist
Asheville Regional Office
. t
E
Enc. Inspection Report
• E
ca. MSC 1617-CentralFiles-Basement
E
�Asheville��'iles�-• E
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G:\WR\WQ\Buncombe\Wastewater\Minors\Pleasant Cove 75388 Havon Canterbury Hills\3-8-2016 visit\CEI.3-8-2016.Ltr.docx
• 1
. 6
State of North Carolina I Environmental Quality I Water. Resources 3.
2090 U.S. Highway 70 Swannanoa, NC 28778, .
828 296 4500

United States Environmental Protection Agency
Form Approved.. -
EPA Washington, D.C: 204fi0-
OMB No. 2040-0057 ,
Water Compliance -InSpeCtio .Report- -
Approval expires,s-31-98
Section A: National Data System Coding. (i.e., PCS)
Transaction Code NPDES - yr/mo/day Inspection Type Inspector Fac Type -_
1 LJ ? lJ 3 I NC0075388 111 12 1610/08 : 17
18 I �.I 19 I c I 201I ,
211 1 1 1 1 I, 1 I 1 1 1-I�..I
Lr.
Inspection
Work Days Facility Self -Monitoring Evaluation. Rating B1 . ' . QA
Reserved-
67
70 . 71 .72
I I
80
Section B: Facility. Data
'
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number) ° .
10:OOAM 16/03/08
10/12/01
Pleasant Cove Home
NCSR 1220 At NCSR 1221
Exit Time/Date
Permit Expiration Date
Candler NC 28715
10:30AM 16/63/08
15/10/31
Name(s) of Onsite Represenfative(s)fritles(s)/Phone and; Fax Number(s)
Other Facility Data
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Kenneth R Hodges,PO Box 1051 Flat Rock NC 28731//423-534-5461/
No
Section .-C: Areas Evaluated During Inspection.(Cheek only those areas evaluated)
Facility Site Review
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
Linda S Wiggs ARO WQ//828-296-4500 Ext4653/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers
Data
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page#

NPDES yr/mo/day Inspection Type 1
(Cont.)
31 NCO675388 I11 12 18/03/08 17 18 I C 1
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Present were Bob Sledge with DWR and Grant Hensley ORC (James and James).
The site is in disrepair and is vacant. The WWTP facility is not active. This property has been
purchased and is under new ownership; TRO Consultants, Inc. (Kenneth Hodge) are calling it Pleasant
Cove Home. The permit is being renewed under this new owner.
Note: the establishment is slated to be a large (99 residents) nursing home. The WWTP is a small
package plant. These type of establishments deliver wastewater that is difficult to effectively treat with a
small package plant. However; the inspector spoke with Juanita James (James and. James) voicing
these concerns and Ms. James said the WWTP operated fine in the past under the same waste load.
Ms. James stated that the owner is agreeable to whatever repairs (motor, pump, blower, and control
panel) will be needed to restart the WWTP. I mentioned adding rust removal and painting the facility to
the list of items needed before restart.
Page# 2

Cantwell, Janet
From: Bowden, Kevin
Sent: Friday, April 17, 2015 2:39 PM
To: Caudill, Craig
Cc: Cantwell, Janet; Revis, Teresa
Subject: Collection_Havon Inc., Pleasant Cove Home_NC0075388_2014PR010941
Attachments: N00075388_HavonCollectionMemo_4.13.15.pdf
Hi Craig,
Please find attached a transmittal memo and an overdue annual invoice for Havon Inc., Pleasant Cove Home WWTP.
Please initiate the fee recovery process for the attached outstanding annual permit fee and contact me if you have any
questions.
Thank you. kevin
Kevin Bowden
Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
(phone) 919.807.6397, (fax) 919.807.6494, (e-mail) [e-mail]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content
is exempt by statute or other regulation.
1

Nor-th'Ca Environment and -Notural Resources hviroPm- ..
Pat Muc-fory
Governor SeQretawyl
MEMORANDUM'
DATE:, AprJj i 26i5z
TO; Craig-CbudI6
Business DENR Collections
TMO:r -Jeff Poulpaet
P1
_6 40,091i.460.1",
W. -
THRU-
Job: RN&a6fd
`Supervisor;Wastewater E0. h&I
FROM: Kevin Bb.Wd,e.h- (e
Ehvif6,hh)0#%l Sehi6fLSpedalt§t, Wastewater 'Branch:
,SUBJECR Recove'ry o_PCiverclue Annual Permit Fee:
In.yPite;_N'OtpW 20 ' 14PRO1.094-1
'Obv Onc::",Pleasaatc, Cove Home
-6it NCO07,53-8-8
-N RO ES, Peri
:B,un'ddrnbe,CoUritv
Seveeal,atternots have been madeto,contacfthefacilityin an effort to resolvethe subject
overdue annual , eer-p idT he-ih-
0 p trnifRd.. To date, the 2014 annualp,ejrffiit_'fb'�nb lash- 't b-' a, voi Wa5'.
_
puntI --s Covers the,
§ d an".
acimiriis'trative., costsassodiated,with the NPOES.L.permif. The fee is-:reqqirecll by regulation and s6flay
statute.
'On 2/2-3/15,,a,n emailwasto Mr.. Perry.James transmitting, the overdue annual permit fee
O.h:,`2/27/`t15, 1 r'ecel'ved'd phonetill,from MrPerry Jamesindi'Catihg he and his-partnetsi , TW,
,C,qh Itants, Inc,,Ate�n W,o.w.her's bfthefAcili j ask W_Jam6�to contact Charles VV ve,", with MR.-
. - ­_ _. � e - ­­ - ofthe
disic-ugs.1hechan- , -f' h' * gqq:pWners jpprpqqss, W We ��r%-p email address Were.
-provided;:
OtO §eqt,anqther-email to - 'r James. 4ndi[paiij 4_P_! payment_was Iqpt.Teceived byz3/29/15, the -overdue invoice. Would, be sent to DENS collections. The sai�neday; :I::received anL-i-nail.
I'Servke'Center,Aateigh ina,
sbur 'OAe V a.1?
76991647
�POIC1186�na!5,iZN_611 ySt, ;�h�,T OahroC�;
PhdiM,.,9i9,:8-OT-6300\ Fax'.91HOM492/C,utdt6fSeffti61. U77-62MMB:
w Ihtdrh6e, MvffcwA66r,
­1 � ­­ - q -
AAEqual O p fflrOve k6on'ErWdyir,

Havon Inc. -Pleasant Cove Horne
April 13,,,1015
Pa&P 2'of 2
from Mr. James indicating -he wanted -to. speak with his business partner and I shoo uldexpect a. check:thiS-
week.
- On 3/27/15i 1 received and email from Mr. James indicatin g.a.checkwas,mailed. I sent ari,email
�to. Mr. James encouraging him to contactCHa'desWeaver-to complete all needed peemitownership
modifit t*,
. ..4 !on,s.-
On 4/8/15, 1 sent another email to Mr. James indicating we.had notseen payment and,to please.
contaict'm6 assoon'ars possible.
Bas6d On DWR!s actions t6date to tr*y,tb secure payment.,fot the oLitstanding4ee, we request
yqur assistance � to initiate fop recovery-eff9A8 as soon as, Oossiblp.
Below pleasp find'facility/confact.'informati6n.
Facility: Havon Inc. — Pleasant Cove Hdr-hp
NPIDES Number: N00015388.
County: Buncombe
Owner: Wi.ttnerWright
.130- Box 1180
Candler, NC..21871.5
Secretary of State
Registered Agent/Address; Wi.ttner Weight
70 Brigadon Drive:
CIydp,'NC'-28721
Billing Contact:- Perry James
TRO'Consultants,,Inc,
11�85'Charlotte Higher~
Fairview, NC, 2�8;k
Thank you, for your efforts to recover the required fee. Please contact meat,9,1,9i$07.6397.'if.Vouhave
any questions.
Attachment: 2014PR010941
Cc: NPOES'Pprmit Hie (w/attachm.ent)
Asheville Regional Gffice_(e.;copy w/attachment)
TpOesa Revis le -copy w/bttathrnen't)
Central Files (w/8ttachmeht)

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND: NATURAL. RESOURCES
INVOICE
Annual Permit Fee,
Overdue
This annual fee is required by the. North CarolinaAdmieiit with
�strafive Code. I ' covers the. administrative costs associated,
your. permit.. It is required of any person a permit for any fime;during the iannual fee period; regardless of the4ckility?s
operating status.. Fal Iure,t I o pay the fee -by -the due date will subject the permit to. revocation. Operating without- a Valid
permit is A:'Vi'oiatioh and is subject to A.�j :,0,000 per day fine. If the oermitis revoked apAydq lator decide permit,is7.
6604ed ,you must reapply, With the -understanding the Oermit_feqpqst may be den addpp to changes in environmental,
regulatory, egdlatoq, br:modelihg conditions.
Iny.pice Number:
2014PR0110041
Permit Number:
NC0075A88
Buncombe County
Pleasant Cove, Home WKTP'
Wittner Wri-W:
HaVotf Inc'
PC) Box 1180
Candler, NC 28115,
Annual Fee Period: 2615.0141 tO20154241
Invoice, Date: 12/10/2014
Duq,Date- 01/0.8(20I5
Annual Fee: $860-60
fi Y6umdyogy-eithbeby-cheeklin6ii6yiprderOR'byeledtronidpayindfit.,
Z If payment is by.-check/Money order, please remit payment'to:
4CDENk �blv I isidn,of Water Resources
Attn: AnimaIlDischarge/Non.;Dlscharge Billing
-161 7 Mali Service Center
Raleigh,, , N0, 27699.ig,17
I If payment iv electronic,. see ht6.-tipeirt6l.ncdenr.org/Web/Wq/hot<toWics/et)avtnent for-ddditional details. - See:
httD://portal.ncdbht.o(qtw6tMg/epaymenttopay electronically. gtij 6(Heck-trahsadtions4re allowed at this. time. me. Credit-card
transactions - - arenotaccepted.
41. 'PI6ase-jhcIud6your Permit Number a1ndjnvoIc&.N'umber'o.n all 6o(respbriddripe,
A$25,00 processing fee will be charged for returned checks: in accordance with North Carolina General Statute 25-3-512.
.6. Noh-Paym6rit of this fee by the-payteht due'date Will'ihitiate-the pdrmitridifocatibn ptdcbss.
7. §h'ould you have any questioh§ regardirig"this invoice, please contact the Annual Adrhihisldriing and'Cq1rhpIia'ndb Fee
.boordinatorat_q!6-6d7A316.
— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — --- —
-(Return This Portion With'Chealk)
VIIIII'dIIN'Jlllllllllll�l�llf�@IIIIIIII'MII�
ANNUAL PERMIT'INVOICE.
Invoice'Nurriben' 2014PR0I'0941
.Permit Number-, N00075388
Buncombe County
PleasantGove Home VWVfP
Wilither Weight
Havon.Inc
PQ'�Bqx 1.180
Candler, NC'2871.5,
Overdue,
Annual Fee Period. 2015-0141, I to 201542-31
IriVoida Date! 12/10/20T4,
Du6l)aW V9/20,15-
Antival-Fee: $860A0-
Check Number:

Cantwell, Janet .
From:
Bowden, Kevin
Sent:
Tuesday, unet� 17,22014%2:19 PM
To:
[e-mail]
Cc:
Sledge, Bob; Cantwell, -Janet
Subject:
H6Von--Permilfi NC0075388
Attachments:
Name-Owner-Change-FormFillable-20130901-DWR-SWP-NPDES.docx
Hi Perry,
Thank you for contacting me concerning submittal of the overdue annual permit fees. I expect payment to arrive
tomorrow and will email you once payment been received.
I also spoke with a staff member in Raleigh today concerning this facility and based on our discussions, please find below
three activities that, while they do not impose any additional costs upon the facility, should be addressed to ensure the
upcoming change in ownership occurs smoothly.
1. The current owner needs to contact the Asheville Regional Office and schedule a time when a regional office
staff person can visit the wastewater treatment plant and verify the facility is no longer discharging. A DWR
staff member recently went to the but was unable to gain access to the wastewater treatment plant. I suggest
contacting Janet Cantwell in our Asheville Regional Office at 828.296.4667.
2. The new owner should contact Bob Sledge in Raleigh at 919.807.6398 to discuss a simple process to waive the
requirement to submit monthly DMRs when there are extended periods of no discharge from the facility.
3. The current/new owner should complete the Name/Ownership Change Form, sign at closing and mail the form
to the Division. The form is attached.
While our conversations have addressed payment of overdue annual fees, there is quite a bit of activity occurring with
the sale of this facility and I wanted to provide some clear direction to the current and new owner in order that
ownership change proceeds smoothly.
Thank you and contact me if you have any additional questions. kevin
Kevin Bowden
Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
(phone) 919.807.6397, (fax) 919.807.6494, (e-mail) [e-mail]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties unless the content is exempt by statute or other regulation.

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Resources
Pat McCrory, Governor
John E. Skvarla III, Secretary
Thomas A. Reeder, Director
440
, AX,
NCD.ENR
PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT Permit Information:
Permit Number(s): i.e. NCO012345 or NCG500123
Permit Holder's Name:
Facility Name:
II. NEW Owner/Name Information:
1. This request for a name change is a result of:
❑ a. Change in ownership of property/company
❑ b. Name change only
❑ c. Other (please explain):
2. New owner's name (name to -be put on permit):
3. New owner's or signing official's name and title (Person legally responsible for permit):
4. Mailing Address:
Address:
City:
Telephone #:
Email:
Name
Title
State: Zip:
Cell #:
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper

THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION UNLESS
ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE
SUBMITTAL.
REQUIRED ITEMS:
1. This completed application form
2. Legal documentation of the transfer of ownership
(property deed, articles of incorporation, or sales agreement)
CERTIFICATION:
I, , attest that this application for a name/ownership change has been reviewed and is accurate and
complete to the best of my knowledge. I understand that if all required parts of this application are not
completed and that if all required supporting information and attachments are not included, this
application package will be returned as incomplete.
Signature:
a date.
Date: Click here to enter
THIS COMPLETED APPLICATION PACKAGE,
INCLUDING ALL SUPPORTING INFORMATION & MATERIALS,
SHOULD BE SENT TO THE FOLLOWING ADDDRESS:
NC DENR / DWR / WQ Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
mpk / Revised 911113

Water Resources
ENVIRONMENTAL QUALITY
Mr. Kenneth Rogers
President
TRO Consultants, Inc.
P.O Box 1051
Flat Rock, NC 28731
Dear Mr. Rogers:
PAT MCCRORY
Governor
DONALD R. VAN DER' VAART
Secrelary
S. JAY ZIMMERMAN
Director
April 22, 2016 1 � RECEIVED --
Division of Water Resources
APR 2 7 2016
Water Quality Regional Operations
Subject: Issuance of NPDES Permit NCO0753 8 8
Pleasant Cove Home WWTP
Buncombe County `
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 includes no major changes from the draft permit sent to you on March 8, 2016.
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 thatimaybe required. If
you have any questions concerning this permit, please contact Sonia Gregory at telephone number (919)
807-6333.
cc: Central Files
Ksheville Regional Office
NPDES Unit
cere ,
S. Jay Zimmerman, P.G., for
Division of Water Resources
State of North Carolina I Environmental Quality I Water Resources
1617 Mail service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Permit NC0075388
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
J
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions 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,
TRO Consultants, Inc.
is hereby authorized to discharge wastewater from a facility located at the
Pleasant Cove Rome
189 Robinson Cove Road
Candler
Buncombe County
to receiving waters designated as Pole Creek in the French Broad River Basin in accordance with
effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV
hereof.
This permit shall become June 1, 2016.
This permit and authorization to discharge shall expire at midnight on October 31, 2020.
Signed this day April 22, 2016.
Division of Water Resources v
By Authority of the Environmental Management Commission
Page 1 of 7

Permit NC0075388
]Part 1
A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of this permit and lasting until expansion above
0.012 MGD or expiration, the Permittee is authorized to discharge from outfall 001. Such discharges
shall be limited and monitored i by the Permittee as specified below:
EFFLUENT
LIMITS'.
CHARACTERISTICS
MONITORI_NG'REQUIREMENTS
;Parameter Code
Monthly
Average ';
Daily.
Maximum
Measurernerit
Sample Type.;
Sample:
.
Frequency
Location
Flow
50050
0.012. MGD
Weekly
Instantaneous
Influent or
Effluent
5-day (20°C)
CO3
C0310 ,
30.0 mg/L
45 mg/L
-
Weekly
Grab
Effluent
Total Suspended Solids
C0530
30.0 mg/L
45 mg/L
Weekly
Grab
Effluent
NH3 as N (April 1 —
October 31)
21'.0 mg/L
35 mg/I
Weekly
Grab
Effluent
C0610
NH3 as N (November 1—
March 31)
Weekly
Grab
Effluent
C0610
Fecal Coliform (geometric
mean)
200 / 100 ml
400 / 100 ml
Weekly
Grab
Effluent
31616
Temperature
00010 �
Weekly
y
Grab
Effluent
pH
00400
Between 6.0 and 9.0 su
Weekly
Grab
Effluent
Total Residual Chlorine 2
50060
28.0 pg/L
2/Week
Grab
Effluent
Footnotes:
1. No later than'12/21/2016, begin submitting discharge monitoring reports electronically using the Division's eDMR
application system [see A. (4)].
2. The Division shall consider all effluent TRC values reported below 50 ug/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 ug/L.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
Page 3 of 7

Permit NC0075388
A. (3.) PHASED CONSTRUCTION CONDITION
[G.S. 143-215.1(b)]
If this facility is built in phases, plans and specifications for the next phase to be constructed must be submitted
when the flow to the existing equipment reaches 80% (0.0096 MGD) of the existing permitted flow (0.012
MGD). At no time may the flow tributary to the treatment system exceed the design capacity of the existing
equipment.
A. (4) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS
[G.S. 143-215.1(b)]
Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and
program reports and specify that, if a state does not establish a system to receive such submittals, then
permittees must submit monitoring data and reports electronically to the Environmental Protection
Agency (EPA). The final NPDES Electronic Reporting Rule was adopted and became effective on
December 21, 2015.
NOTE: This special condition supplements or supersedes the following sections within Part II of this
permit (Standard Conditions for NPDES Permits):
• Section B. (11.) Signatory Requirements
• Section D. (2.)
• Section D. (6.)
• Section E. (5.)
Reporting
Records Retention
Monitoring Reports
I. Reportinjz Requirements [Supersedes Section D (2) and Section E. (5) (a)1
Effective December 21, 2016, the permittee shall report discharge monitoring data electronically
using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each month and
submitted electronically using eDMR. The eDMR system allows permitted facilities to enter
monitoring data and submit DMRs electronically using the internet. Until such time that the state's
eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation
(CROMERR), permittees will be required to submit all discharge monitoring data to the state
electronically using eDMR and will be required to complete the eDMR submission by printing,
signing, and submitting one signed original and a copy of the computer printed eDMR to the
following address:
NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the
facility being physically located in an area where less than 10 percent of the households have
broadband access, then a temporary waiver 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)
Page 5 of 7

Permit NC0075388
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. "
4. Records Retention [Supplements Section D. (6.)]
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions.
These records or copies shall be maintained for a period of at least 3 years from the date of the report. This
period may be extended by request of the Director at any time [40 CFR 122.41].
Page 7 of 7

u �I � r���-�• � P r� o
`•\Ul --.b) 1 _
Outfall 001
P r �� }r ♦ ii' '.
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o
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Ob ,
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F 4JJ
CI
TRO Consultants, Inc.
Pleasant Cove Home WWTP
Latitude: 350 33' 55" N State Grid: Enka
Longitude: 82042' 23" W Permitted Flow: 0.012 MGD
Receiving Stream: Pole Creek Stream Class: C
Drainage Basin: French Broad River Basin Sub -Basin: 04-03-02 06010105
Facility
X.
Location
not to scale
N��tr NPDES Permit No. NCO075388
�6 Buncombe County

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 000075388
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
TRO CONSULTANTS, INC.
Facility Name
PLEASANT COVE HOME
Mailing Address
P 0 Box 1051
City
FLAT ROCK
State / Zip Code
NC 28731
Telephone Number
423-534-5461
Fax Number
423-772-0287
e-mail Address
kenhodgeswa orrishb.net
2. Location of facility producing discharge:
Check here if same address as above ❑
Street Address or State Road 189 Robinson Cove Road
City Candler
State / Zip Code NC 28715
County Buncombe
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 ORQ
Name TRO CONSULTANTS
Mailing Address P. 0. BOX 1051
City FLAT ROCK RVED
Division of Water Resources
State / Zip Code NC 28731
Telephone Number 828-534-5461
Fax Number 423-772-0287
e-mail Address [e-mail] Water Quality Regional Operations
1 of 3 Form-D W12

NPDES APPLICATION o-FORM D
For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD
4. -Description of wastewaters,
Facility Generating Wastewater(check all that applyr
Industrial ❑
Number of Employees
Commercial ❑
Number of Employees
Residential
Number of Homes
`School
Number of Students/Staff
Other X
Explain: Nursing Home- Pe$;dep4r,
Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers,
restaurants, etc.):
Nursing home domestic waste
Number of persons served:
5. Type of collection system
X Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer)
6. Outfall Information:
Number of separate discharge points 1
Outfall Identification number(s) 001
-Is the outfaU equipped with a diffuser? ❑ Yes X No
1. Name of receiving stream(s) (11 W applicants: Provide a map showing the exact location of each
outfall}.
Pole creels in the French Broad River Basin
S. Frequency of Discharge: X Continuous ❑ ' Intermittent
If intermittent:
Days per week discharge occurs: Duration:
9. Describe the treatment system
List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and
phosphorus. If the space provided is not sufficient, attach the description of the treatment system in. a
separate sheet of paper.
A 0.012 MGD EXTENED AERATION FACILITY.WITH AERATION BASIN, CLARIFIER,
CHLORINE CONTACT CHAMBER WITH TABLET CHLORINATION, LIFT STATION AND
FORCE MAIN OUTFALL.
2 of 3 form-D 11112

NPDES APPLICATION - FORM D
For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD
10. Flow Information:
Treatment Plant Design flow 0.012 MGD
Annual Average daily flow 0.0025 MGD (for the previous 3 years)
Maximum daily flow 0.006 MGD (for the previous 3 years)
11. Is this facility located on Indian country?
❑ Yes X No
12. Effluent Data
NEW APPLICANTS: 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 monthly average. If only one analysis is reported, report as daily maximum.
RENEWAL APPLICANTS: Provide the highest single reading (Daily Maximum) and Monthly Average over
the east 36 months for parameters currentlu in uour permit. Mark other parameters "N/A".
Parameter
Daily
Maximum
Monthly
Average
Units of
Measurement
Biochemical Oxygen Demand (BODs)
Fecal Coliform
Total Suspended Solids
Temperature (Summer)
Temperature (Winter)
pH
13. List all permits, construction approvals and/or applications:
Type Permit Number Type
Hazardous Waste (RCRA)
UIC (SDWA)
NPDES
PSD (CAA)
Non -attainment program (CAA)
NCO075388
14. APPLICANT CERTIFICATION
NESHAPS (CAA)
Ocean Dumping (MPRSA)
Dredge or fill (Section 404 or CWA)
Other
Permit Number
I certify that I am familiar with the information contained in the application and that to the
best of "knowdge nd beli f such information is true, complete, and accurate.
• 70" -esFrtq,'�2 D
Printed name of iPerson 91 enind d Title
Date
North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any
application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management
Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method
required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be
guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001
provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.)
3 of 3 - Form-D 11/12

Water Resources
ENVIRONMENTAL QUALITY
January 20, 2016
Kenneth R. Hodges, President
TRO Consultants, Inc.
Po Box 1051
Flat Rock, NC 28731
PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
Subject: Acknowledgement of Permit Renewal
Application No. NCO075388
Pleasant Cove Home
Buncombe County
Dear Permiee:
The Water Quality Permitting Section has received your permit renewal application on January 19,
2016. A member of the NPDES Unit will review your application. They will contact you if additional
information is required to complete your permit renewal. Per G.S. 15OB-3 your current permit does not
expire until permit decision on the application is made. Continuation of the current permit is contingent on
timely and sufficient application for renewal of the current permit. Please respond in a timely manner to
requests for additional information necessary to complete the permit application.
If you have any additional questions concerning renewal of the subject permit, please contact Sonia
Gregory at 919-807-6333 or [e-mail].
Sincerely,
W rre L, T-kZ mob
Wren Thedford
Wastewater Branch
cc: Central Files
Ashl— e�.11je? Regional Office, Water Quality Regional Operations Section
NPDES Unit
RECEIVED
Division of Water Resources
JAN 2 8 2016
Water Quality Regional Operations,
Asheville Regional Gftice
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-SO7-6300

James & James Environmental Management, Inc.
3801 Asheville Hwy., Hendersonville, N. C. 28791
OFFICE: [phone] FAX: [phone]
E-Mail: [e-mail]
January 8, 2016
N.C. Department of Environment and Natural Resources
Division of Water Quality/NPDES Unit
1617 Mail Service Center
Raleigh, NC 27669-1617
RE: Renewal of Permit NC0075388
To Whom It May Concern:
This letter is to request the renewal for the waste water treatment facility Canterbury Hills,
NPDES number N00075388.
The facility currently sits with no electricity. The opportunity to confirm the operation of the
effluent lift station pumps is not available at this time. Both pumps and the panel was
operational at the closure.
At the closure of the facility, both motor -blower combinations were inoperable. At my first visit
to the facility the panel box was standing open. At the closure, all components of this panel
operated properly; now I am unsure of its true condition.
I have spoke in depth with Mr. Ken Hodges regarding the needs, potential needs and the funds
necessary to bring this facility in' compliance with the permit. He is very receptive to all the
needed repairs and intends to operate this facility at its maximum operating potential. Once
electricity is restored and the permit approved, work will begin to restore the facility.
If you have any questions regarding this process, please contact me and I will be happy to
discuss any concerns. I also welcome a site visit if you choose.
Thank you for your consideration of this permit.
Sincerely,
Juanita James
James & James Env. Mgt., Inc.
828-697-0063
jigmir?bellsouth.net

James & James Environmental Management, Inc.
3801 Asheville Hwy., Hendersonville, N. C. 28791
(828) 6974063 OFFICE
[phone] FAX
January 8, 2016
N.C. Department of Environment and Natural Resources
Division of Water Quality/NPDES Unit
1617 Mail Service Center
Raleigh, N.C. 27699-1617
Regarding All Waste Water Facilities Operated by James & James Environmental
To Whom It May Concern:
Sludge from this facility (Canterbury Hills) is pumped by Mike's Septic Tank Service and is permitted to.be
dumped at Brevard Waste Treatment System and MSD.
Sincerely,
7d>2
Juanita James
James & James Environmental Mgt., Inc.

rj;
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality .,.
Beverly Eaves Perdue Coleen H. Sullins'- Dee Freeman
Governor Director Secretary
November 10, 2010
James M. Smith, Operations Manager
_ Havon Inc. --
PO Box 1180
Candler, North Carolina 28715
Subject: Issuance of NPDES Permit No. NCO075388
Pleasant Cove Home WWTP
Buncombe County
Dear Mr. Smith:
Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the
attached NPDES discharge pacmit. 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 contains no changes from the Draft permit mailed to you on September 15, 2010.
If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to
an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a
written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative -Hearings
(6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and
binding.
Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation
and reissuance of the permit. This.permit does not affect the legal requirements to obtain other permits which may be required by the
Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area. Management Act or any other
Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Bob
Guerra at telephone number [phone] or email at ([e-mail]).
Sincerely,
Coleen H. Sullins � ,
k NOV 2 3 2010 +
Enclosure: NPDES Permit NCO075388 Y .
r' L
cc: NPDES Unit NWATER QUALITY SECTION
Central files
ASHEVILLE REGIONAL OFFICE a
esheville Regional Office /'Surface VVater_2- o ction (Ro- er.edwards(a-ncdenr.gov) (.ecopy)
-1
Technical and Assistance Certification Unit - Qames.pugh(a�ncdenr.gov) (ecopy)
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: hfip://portal.ncdenr.org/web/wq/home
An Equal Opportunity t Affirmative Action Employer
One NhCarolina
�altura!!r�

-Permit NCO075388
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 provisions 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,
Havon Inc. a y
is hereby authorized to discharge wastewater from a facility located at the
Pleasant Cove Home
189 Robinson Cove Road
Candler
Buncombe County
to receiving waters designated as Pole Creek in the French Broad River Basin
in accordance with effluent limitations, monitoring requirements, and other conditions set
forth in Parts I, II, III and IV hereof.
This permit shall become effective December 1, 2010.
This permit and authorization to discharge shall expire at midnight on October 31, 2015.
Signed this day November 10, 2010.
Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission

_ '! Permit NC0075388
SUPPLEMENT TO PERMIT- COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge, are
hereby superseded and, as of.this issuance, any previously issued permit describing this
treatment facility or bearing this numbe'r'is no longer effective. Therefore; the exclusive .
authority to operate and discharge from this facility arises under the permit conditions,.. -
requirements, terms, and provisions described herein. _
Havon, Inc. is hereby authorized to:
1. Continue to operate an existing 0.012 MGD extended aeration wastewater treatment
plant consisting of the following treatment components:
♦ Manual bar screen
♦ Aeration basin with dual blowers
♦ Rectangular Clarifier with skimmer and sludge return.
♦ Aerobic digestor
♦ Tablet chlorinator with Chlorine contact chamber
♦ Tablet Dechlorination
♦ . Lift station and force main outfall
2. This facility is located on 189 Robinson Cove Road at the Pleasant Cove Home, near
Candler in Buncombe County.
3. After receiving an Authorization to Construct from the Division, construct and operate
facilities for a design capacity of 0.025 MGD, and
4. Discharge from said treatment works, through outfall 001 into Pole Creek, a Class C
water, in the French Broad River Basin, at the location specified on the attached map.

Permit NCO075388
A'. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period'beginning on the effective date'of this permit and lasting until -expansion above 0.012 MGD or
expiration, the Permittee. is authorized to discharge from outfall 001. Such discharges shall be limited and
monitored by the Permittee as specified below:
Liml
0,
MONITORING REQUIREMENTS
HARACTES
K ,-
Mdhthly­
easuren ntSamPIe
j
cbpmle
.Maximum
r�,,Frequency
_Type
rs
-
Influent or
5 0050 - Flow
0.012 MGD
Weekly
Instantaneous
-
Effluent
00310 - BOD, 5-day (20°C)
30.0 mg/L
45 mg/L
Weekly
Grab
Effluent
00530 - Total Suspended
Solids
30.0 mg/L
45 mg/L
Weekly
Grab
Effluent
00610 - NH3 as N (April, 1 —
October 31)
21.0 mg/L
35 mg/I
Weekly
Grab
Effluent
00610 - NH3 as N
(November 1— March 31)
Weekly
Grab
Effluent
31616 - Fecal Coliform
(geometric mean)
200 100 ml
400 100 ml
Weekly
Grab
Effluent
00010 - Temperatum
Weekly
Grab
Effluent
00400— pH
Between 6.0 and 9.0 su
Weekly
Grab
Effluent
50060 -Total Residual
Chlorine
28.0 pg/L'
2/Week
Grab
Effluent
Footnotes:
1. The Division shall consider all effluent TRC values reported below 50 ug/L to be in compliance with the
permit. However, the Perm'ittee 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 u'g/L.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

' Permit NC0075,388
A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS:
During the period beginning upon expansion above 0.012 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:
EFFLUENT ,:
r i LIMITS r
z p 4
CHARACTERISTICS
;
ON TORI G R IR ENT
NJN EQU EM S ,
F
k'nthly
Daily'
.it
Measurement
i 11
t' tii
i Sample{`
31,
Maximum
Frequency
-Sample
Type'.
Location
a
,Average
-
t
s -
— --^
•50050 - Flow
0.025 MGD
Weekly
Instantaneous
Influent or
Effluent
00310 - BOD, 5-day (20°C)
30.0 mg/L
45 mg/L
Weekly
Grab
Effluent
00530 - Total Suspended
^30.0 mg/L `
45img/L•
Weekly
Grab-
Effluent
Solids
00610 - NH3 as N (April 1 —
October 31)
21.0 mg/L
35 mg/I
Weekly
Grab
Effluent
00610-- NH3 as N _
(November 1— March 31)
Weekly
Grab
Effluent
31616 - Fecal Coliform
200 / 100 ml
400 / 100 ml
Weekly
Grab
Effluent
(geometric mean)
)
00010 - Temperature
Weekly
Grab
Effluent
00400 — pH
Between 6.0 and 9.0 su
Weekly
Grab
Effluent
50060 -Total Residual
_ Chlorine
28.0 pg/L
2/Week
Grab
Effluent
Footnotes:.
L ' The Division shall consider all effluent TRC values reported below 50 ug/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 ug/L. * '
There shall be no discharge of floating solids or visible foam in other than trace amounts.
A. (3.) PHASED CONSTRUCTION CONDITION
If this facility is built in phases, plans and specifications for the next phase to be constructed must be submitted
when the flow to the existing equipment reaches 80% (0.0096 MGD) of the existing permitted flow (0.012 MGD).
At -no time may the flow tributary to the treatment system exceed the design capacity of the existing equipment.

rODES 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

1v PDES 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.
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Grab Sample
Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream
samples).
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA.
Instantaneous flow measurement
A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total
discharge.
Monthly Average (concentration limit
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal
coliform, the geometric mean of such discharges.
Permit Issuing Auk
The Director of the Division of Water Quality.
Quarterly Average (concentration limit
The average of all samples taken over a calendar quarter.
Severe property damage
Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable,
or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1) of the CWA.
U set
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by
operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance,. or careless or improper operation.
Weekly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal
coliform, the geometric mean of such discharges.
Section B. General Conditions
1. Duty to Comply
The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation
of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or
modification; or denial of a permit renewal application [40 CFR 122.41].
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions
or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate
the requirement.
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b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or
any permit condition or limitation implementing any such sections in a permit issued under section 402, or
any requirement imposed in a pretreatment program approved under sections 402 (a) (3) or 402 (b) (8) of the
Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319 (d) and 40
CFR 122.41 (a) (2)]
c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the
Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of
the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or
402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a
negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of
violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319 (c) (1) and 40 CFR 122.41 (a)
(2)]
d. Any person who knozvin,gly 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 H. C. 4), "Upsets" (Part II. C. 5) and "Power
Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309
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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. Proper1y 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.
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
z, 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 Permitted 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
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term environmental compliance with environmental laws and regulations; the manager can ensure that
the necessary systems are established or actions taken to gather complete and accurate information for
permit application requirements; and where authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures .
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or
ranking elected official [40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
1. The authorization is made in writing by a person described above;
2. The authorization specified either an individual or a position having responsibility for the overall
operation of the regulated facility or activity, such as the position of plant manager, operator of a well or
well field, superintendent, a position of equivalent responsibility, or an individual or position having
overall responsibility for environmental matters for the company. (A duly authorized representative may
thus be either a named individual or any individual occupying a named position.); and
3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]
c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate
because a different individual or position has responsibility for the overall operation of the facility, a new
authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director
prior to or together with any reports, information, or applications to be signed by an authorized
representative [40 CFR 122.22]
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the
following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE
ACCEPTED:
"/ certify, under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate
the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. 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 (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 2H.0100; and North Carolina General Statute 143-215.1 et. al.
14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2)
may cause this Division to initiate action to revoke the permit.
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Section C. Operation and Maintenance of Pollution Controls
1. Certified Operator
Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a
certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution
control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the
classification assigned to the water pollution control treatment system by the Certification Commission. The
Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the
type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade
of the system [15A NCAC 8G.0201].
The ORC of each Class I facility must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least weekly
➢ Comply with all other conditions of 15A NCAC 8G.0204.
The ORC of each Class II, III and IV facility must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least five days per week, excluding holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 8G.0204.
Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the
operator in responsible charge:
a. Within 60 calendar days prior to wastewater being introduced into a new system
t b. Within 120 calendar days of:
➢ Receiving notification of a change in the classification of the system requiring the designation of a
new ORC and back-up ORC
➢ A vacancy in the position of ORC or back-up ORC.
2. Proper Operation and Maintenance
The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing
facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to
achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install
and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the
permit [40 CFR 122.41 (e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and
maintenance of the facility, and all documentation required thereof, whether acting as a contract operator
[subcontractor] or a member of the Permittee's staff.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41
(c)]
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)]
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The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Paragraphs b. and c. of this section.
b. Notice [40 CFR 122.41 (m) (3)]
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.
Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States. The Permittee
shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of
40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be
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reopened and .modified, or, revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The
Permittee shall comply with applicable 40 -CFR 503 Standards for the Use and Disposal of Sewage Sludge .(when
promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the
requirement. The Permittee shall notify `the Permit Issuing Authority of any significant change in its sludge use
or disposal practices.
7. Power Failures
The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124) to prevent
the discharge of untreated or inadequately treated wastes during electrical power failures either by means of
alternate power sources, standby generators or retention of inadequately treated effluent.
Section D. Monitoring and Records
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 (NIR 1, 1.1, 2, 3) or alternative forms approved by the
Director, postmarked no later than the last calendar day of the month following the completed reporting period.
The first DMR is due on .the last day of the month following the issuance of the permit or in the case of a new
facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of
these, and all other reports required herein, shall be submitted to the following address:
NC DENR / Division of Water Quality / Water Quality Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10%-from the true discharge rates throughout thexange of expected discharge
volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I
of this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's
Laboratory Certification Section (919 733-3908 or http://h2o.enr.state.nc.us/lab/cert.htm) for information
regarding laboratory certifications.
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Personnel conducting testing of field -certified parameters must hold the appropriate field parameter
certifications.
Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to
NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to
Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal,
approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been
specified in this permit [40 CFR 122.41].
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum
detection and reporting levels that are below the permit discharge requirements and all data generated must be
reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are
determined capable of achieving minimum detection and reporting levels below permit discharge requirements,
then the most sensitive (method with the lowest possible detection and reporting level) approved method must
be used.
5. Penalties for Tampering
The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring
device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of
not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both.
If a conviction of a person is for a violation committed after a first conviction of such person under this
paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more
than 4 years, or both [40 CFR 122.41].
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge
use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40
CFR 503), the Permittee shall retain records of all monitoring information, including.
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time [40 CFR
122.41].
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record
the following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
8. Inspection and 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;
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b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this
Permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices,
or operations regulated or required under this permit; and
d.. Sample or monitor at reasonable times;. for the purposes of assuring permit compliance or as otherwise
authorized by the CWA, any substances or parameters at any location [40 CFR 122.41 (i)].
Section E Reporting Requirements
L 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, not 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
r 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 (i) (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 122.410) (3)].
5. Monitoring_Regorts
Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)].
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b. If the Permittee monitors any pollutant more frequently than required by this permit, the results .of such
monitoring shall- be included in the calculation and reporting of the data submitted on the DMR.
6. Twenty-four Hour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public health or the environment. Any information shall be provided orally within 24
hours from the time the Permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the Permittee becomes aware of the circumstances. The written
submission shall contain a description of the noncompliance, and its cause; the period' of noncompliance,
including exact dates and times, and if. the noncompliance has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance [40 CFR 122.41 (1) (6)].
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b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at [phone], [phone] or [phone]. .
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at
the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of
this permit [40 CFR 122.41 (1) (7)].
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or
submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit
such facts or information [40 CFR 122.410) (8)].
Noncompliance Notification
The Permittee shall report by telephone to either the central office or the appropriate regional office of the
Division as soon as possible, but in no case more than 24 hours or on the next working day following the
occurrence or first knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge
digester; the known passage of a slug of hazardous substance through the facility; or any other unusual
circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of
all or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge -of the occurrence.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices
of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making
any false statement on any such report may result in the imposition of criminal penalties as provided for in
NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The CWA provides that any.person who knowingly makes any false statement, representation, or certification in
any record or other document submitted or required to be maintained under this permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more
than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR
122.41].
12. Annual Performance Reports
Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual
report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C).
The report shall summarize the performance of the collection or treatment system, as well as the extent to which
the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality.
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The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon
which annual period is used for evaluation.
The report shall be sent to:
NC DENR / DWQ / Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617
PART III
OTHER REQUIREMENTS
Section A. Construction
The Permittee shall not commence construction of wastewater treatment facilities, nor add. to the planes treatment
capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an
Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for
the proposed construction have been submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitoring
The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to
determine the compliance of this NPDES permitted facility with the current groundwater standards.
Section C. Changes in Discharges of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42):
a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent
basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the
following "notification levels' ; '
(1) One hundred micrograms per liter 000 µg/L);
(2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms
per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter
(1 mg/L) for antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application.
b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or
infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the
highest of the following "notification levels";
(1) Five hundred micrograms per liter (500 µg/L);
(2) One milligram per liter (l 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, regul
aluatiations or laws, the Permittee shall submit a report in
such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of
notification by the Division.
Section E. Facility Closure Requirements -
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system
covered by this permit. The Division may require specific measures during deactivation of the system to prevent
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adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit
continue at the permitted facility.
PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b), (c) or (d) of the CWA. [40 CFR 403.3 (b) (i) and (j)]
Interference
Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which
causes or contributes to a violation of any requirement of the POTWs NPDES Permit or prevents sewage sludge use
or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC
2H.0903 (b) (13)]
Pass Through
A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with
discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of
the POTWs NPDES permit, or of an instream water quality standard. [15A NCAC 2H.0903 (b) (23)]
Publicly Owned Treatment Works (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 POTWs receiving stream standard, or to limit the POTWs sludge
disposal options.
Section B. Publicly Owned Treatment Works (POTWs)
All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the
operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the
treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.2]
All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]:
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1. Any new introduction of pollutants into the POTW from an indirect discharger, including pump and
hauled waste, which would be subject to section 301 or 306 of CWA if it were directly discharging those
pollutants; and
2. Any substantial change in the volume or'character of pollutants being introduced by an indirect discharger
as influent to that'POTW at the time of issuance of the permit.
3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of
effluent introduced into the POTW, and (2) any anticipated -impact that may result from the change of the
quantity or quality of effluent to be discharged from the POTW.
Section C. Municipal Control of Pollutants from Industrial Users.
Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries
using the municipal system may be present in the Permittee's discharge. At such time as sufficient information
becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent
limitations for any or all of such other pollutants in accordance with best practicable technology or water
quality standards.
2. Prohibited Discharges
a. Under no circumstances shall the Permittee allow introduction of pollutants or discharges into the waste
treatment system or waste collection system which cause or contribute to Pass Through or Interference
as defined in 15A NCAC 2H.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)]
b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste
treatment or waste collection system [40 CFR 403.5 (b)]:
1. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60. degrees
Centigrade using the test methods specified in 40 CFR 261.21;
2. Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with
pH lower than 5.0, unless the works is specifically designed to accommodate such discharges;
3. Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting
in Interference;
4. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a
flow rate and/or pollutant concentration which will cause Interference with the POTW;
5. Heat in amounts which will may inhibit biological activity in the POTW resulting in Interference,
but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds
40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature
limits;
6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will
cause interference or pass through;
7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a
quantity that may cause acute worker health and safety problems;
8. Any trucked or hauled pollutants, except at discharge points designated by the POTW.
C. The Permittee shall -investigate the source of all discharges into the W TP, 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 WW'IP.
The Permittee shall report such discharges into the WWTP to the Director or the appropriate Regional
Office. Any information shall be provided orally within 24 hours from the time the Permittee became
aware of the circumstances. A written submission shall also be provided within 5 days of the time the
Permittee becomes aware of the circumstances. The written submission shall contain a description of
the discharge, the investigation into possible sources; the period of the discharge, including exact dates
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and times; and if the discharge has not ceased, the anticipated time it is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance,
With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to
supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance
by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary
regarding some or all of the industries discharging to the municipal system.
4. The Permittee shall require any industrial discharger sending its effluent to the permitted system to meet
Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act as amended (which
includes categorical standards and locally derived limits and narrative requirements). Prior to accepting
wastewater from any significant industrial user, the Permittee shall either develop and submit to the Division a
new Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required
under section D below as well as 15A NCAC 211.0907 (a) and (b). [40 CFR 122.44 0) (2)]
5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved
POTW Pretreatment Program or to include a compliance schedule for the development of a POTW
Pretreatment Program as required under Section 402 (b) (8) of the CWA and implementing regulations or by
the requirements of the approved State pretreatment program, as appropriate.
Section D. Pretreatment Programs
Under authority of sections 307 (b) and (c) and 402 (b) (8) of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 214.0900, 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.
1. Sewer Use Ordinance (SILO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A
NCAC 2H.0905 and .0906; 40 CFR 403.8 (f) (1) and 403.9 (1), (2)]
2. Industrial Waste Survey (IWS),
The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR
403.8 (f) (2) (i-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44 0) (1)], including identification of all industrial
users and the character and amount of pollutants contributed to the POTW by these industrial users and
identification of those industrial users meeting the definition of SIU. The Permittee shall submit a summary of
its IWS activities to the Division at least once every five years, and as required by the Division. The IWS
submission shall include a summary of any investigations conducted under paragraph B, 2, c, of this Part.
3. Monitoring Plan
The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data
to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific
pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II,
Section D, and Section E.5.). [15A NCAC 2H.0906 (b) (2) and .0905]
4. Headworks Analysis (HWA) and Local Limits
The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the
Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the
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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.
5. Industrial User Pretreatment Permits = & 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 IUPs. 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 UQ
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 4018(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(0(1)(v) and (2)(1); 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 2H .0906(b)(7) and .0905; 40 CFR 4038(0(5)]
10. Pretreatment Annual Reports (PAR=
The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting
annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to
submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of
pretreatment requirements and other pretreatment implementation issues.
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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 Summaa (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 (IDSFD
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 POTWs 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. L15A NCAC 2H .0903(b)(35)0908(h)(5) and 0905 and 40
CFR 403.8 (0 (2) (viii
12. Record Keening
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

Facilitv information
NPDES permit #: NC0075388 Buncombe County
Facility name: Havon Inc. — Canterbury Hills WWTP
(Pleasant Cove Home)
WWTP class: II
WWTP type:
0.012 MGD (0.025 after A to C) extended aeration
package plant consisting of: manual bar screen;
aeration basin with dual blowers providing
diffused air; rectangular hoppered clarifier with
skimmer and sludge returns; aerobic digestor;
tablet chlorinator; chlorine contact chamber;
tablet dechlorinator; 25 gpm effluent lift station;
and 3430 linear feet of 2-inch force main to the
outfall.
Annual Average Flow:
0.0025 MGD (3 year average: 2007-2010)
Collection System:
< 12 connections
Development:
Consists of Pleasant Cove Home serving 99
residents and staff.
Sludge Management:
Commercial hauler (Mike's Septic Service) to City
of Brevard's and MSD's WWTPs.
WWTP location:
off Horse Barn Road, Candler
Responsible officials: James M. Smith
Responsible "'s title: Operations Manager
(Wittner Wright, Owner)
(Debra Brower, Administrator)
Mailing address: PO Box 1180; Candler, NC 28715
Physical address: 189 Robinson Cove Road, Candler
Phone numbers
828-670-8895 Whitner Wright — main office
828-670-8894 " - fax
828-274-3254 " - office
828-216-7475 " - cell
Y, P_ Y -, (_ 5 -ed - � � 7?, t, � , �, o // -,-; W-4 )"

828-697-0063
828-697-0065
828-674-8169
828-674-8171
Operator information
Contract ORC :
Physical address:
Mailing address:
Permit information
Date issued:
Expiration date:
Stream information
Stream:
River basin:
Sub -basin:
Hydrologic Unit Code:
Quad:
Grid:
Stream classification:
Drainage area sq mi:
Instream Waste Conc.:
Average stream flow:
Summer 7Q10 cfs:
Winter 7Q10 cfs:
Other information
James & James Env. Mgmt.-ORC contractor & lab
" -fax
Harry - cell
Juanita - cell
James & James Env. Mgmt.-ORC contractor & lab
3801 Asheville Hwy.; Hendersonville, NC 28791
PO Box 519; Mountain Home, NC 28758
12-1-2010
10-31-2015
Pole Creek
French Broad River Basin
04-03-02
06010105
Enka
C
cfs
1.0
1.3
Directions: From Hwy 19/23 West, turn right onto Dogwood
Road (NCSR 1220), turn right onto Robinson
Cove Road (NCSR 1221), turn left onto Horse
Barn Road, proceed to Canterbury Hills. There is
a small access road to the right, before going up
the hill to the Canterbury Hills / Pleasant Cove
Home, that leads to the WWTP.

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Pagel of 3
BAT * * * * * * * DATE
****** PARCEL AND OWNERSHIP DATA ****** ----------------------------------------------------------------------
PARCEL ID...........: 8698.16-84-9014.000 ACCOUNT # ......: 008120883
ROUTING #..........: 01300 OWNER NAME .....: HAVON INC
PREVIOUS PARCEL ID.: 16022093.00 C/O CURTIS A FENNELL JR
PARCEL STATUS......: A ACTIVE
SITUS ADDRESS......: 00018 HORSE BARN RD
SR/CITY/WARD/TSHP..: / /16 /UPPER HOMINY
ASSESSED ACRES.....: 4.07
PROPERTY CLASS.....: 476 ADULT CARE HOME/COMM
DEED DATE..........: 01-21-1998
DEED BOOK/PAGE/INST: 2004/0473-WDT
PLAT BOOK/PAGE.....: 0067/0149
SUBDIVISION NAME...: HAVEN REST HOME INC
SUBDIV BLK/SECT/LOT:
WATERSHED..........: 0 NONE
****** FINAL APPRAISED/ASSESSED VALUE ******
MAILING ADDRESS : PO BOX 1180
CANDLER NC '28715-118'0
CNTY CODE .....: BUN BUNCOMBE COUNTY
CITY CODE .....
FIRE CODE ... FEC ENKA FIRE
SANI CODE .....
SCHL CODE SEN ENKA SCHOOL
SYSTEM
SYSTEM ASSESSED VALUE ADJ EXEMPTED AMOUNT
APPRAISED
ASSESSED
1`
VALUE
VALUE
LAND ----------->
49,000
49,000
BUILDINGS) ---->
1,265,500
11265,5,00
STRUCTURE(S) --->
TOTAL---------->
-----------
1,314,500
---------------------------------
1,314,500 0 0
****** ASSESSEMENT
HISTORY ******
----------------------------------------------------=
TAX YR ACCOUNT #
ACRES
LAND BUILDINGS STRUCTURES EXEMPTION
2004 008120883
4.07
49,000 1,265,500
2003 008120883
4.07
49,000 1,265,500
2002 008120883
4.07
49,000 1,265,500
2001 008120883
4.07
33,400 1,167,500
2000 008120883
4.07
33,400 1,167,500
-----------------------
FINAL
*
ASSESSED
*
VALUE
*
49,000
*
1,265,500
*
0
*-----------
1,314,500
-----------------------
DEFERRED
TAXABLE
1,314;500
1,314,500
1,314,500
1,200,900
1,200,900
rttp://gis.buncombecounty.org/propcards/8698/869816849014000.txt 5/13/2005

Page 2 of 3
****** SALES HISTORY ****** ONLY QUALIFIED SALES ARE USED FOR VALUATION PURPOSES
DATE OF DEED DEED DEED QUALIFIED DISQUALIFY DATA VACANT @ TIME
SALE BOOK PAGE INST SALE (YIN) CODE SOURCE OF SALE (YIN) SALE PRICE SALE NOTE
01 21 1998 2004 "0473 WDT Y OTR N 1859,000 SALE QUALIFIED
CONT. PARCEL ID: 8698.16-84-9014.000 PAGE 2 09/14/2004
****** LAND DATA ****** --------------------------------------------------------------------------------------
REC REC
FF OR UNIT
APPRAISED
APPRAISED
TYPE
UNITS TYPE
VALUE/MRK
USE VALUE
M
4.07 AC
48,970
0
-----------
TOTAL ACRES ----->
4.07
------------------------
LAND VALUE -> 48,970
0
****** MISCELLANEOUS STRUCTURE(S)
****** -------------------------------------------------------------------
STR STRUCTURE CONST
UN RATE
RCN NOTE YRLF PHY
RCNLD
# CDE DESCRIPTION YEAR
UNITS TY GRAD PER UNIT
VALUE --------------- TAB DPR
VALUE
01 LP4 1972
10,000 C .00
0 IRREG
0
------------
TOTAL RCNLD VALUE --------> 0
CONT. PARCEL ID: 8698.16-84-9014.000 PAGE 3 09/14/2004
****** BUILDING CHARACTERISTICS ******
BLDG # .: 01
YEAR BUILT.:
1972
ADJUST..:
BLDG CLS: M MAS LOAD B
ACTUAL AGE.:
31 YEARS
FUNC DEP:
C
PHY DEP....:
16 %
70YR ECON DEP:
C N NORMAL
OCCUPANCY .:
E17 HOME
FOR ELDERLY FACTOR .:
1.00
****** BUILDING SECTIONS ******-------------------------------------------------------------------------------
SECT YEAR STORY BAS AREA
PERM HGT
UNITS
RATE
VALUE
01 1972 1.00 Y 11622
678 STRUCTURE
RML
RES MAS LOAD BEARING
11,622
SF
17.22
200,131
8 WALL TYPE
100% BRS
BRICK OR STONE
5,424
SF
25.05
135,871
INT FINISH
100% E17
HOME FOR ELDERLY
11,622
SF
26.45
307,402
02 1977 1.00 Y 14469
781 STRUCTURE
RML
RES MAS LOAD BEARING
14,469
SF
17.22
249,156
8 WALL TYPE
100% BRS
BRICK OR STONE
6,248
SF
25.05
156,512
INT FINISH
100% E17
HOME FOR ELDERLY
14,469
SF
26.45
382,705
03 1977 1.00 N 168
52 STRUCTURE
OP
OPEN PORCH
168
SF
18.25
3,066
---------
BUILDING REFINEMENTS DESCRIPTION AND
VALUATION ---------
1 7
----------------
BUILDING VALUATION
SUMMARY
--------------
18
UNADJUSTED COST NEW
26,091
SF
54.99
1434,843
http://gis.buncombecounty.org/propcards/9698/869816849014000.txt
5/13/2005

Page 3 of 3
7 1 - PHYSICAL DEPREC
8 1 +39+ RCNLD
+91----+ +93----+ +298-----------------+ UNADJ. MARKET VALUE
I I S02 I X NEIGHBORHOOD ADJ.
------------- 222+ +---------+*------ 298+ MARKET VALUE
+39+ ++
16 % 229,575
46.19 1205,268
46.19 1205,268
5 % 0
1265,531
http://gis.buncombecounty. org/propcards/8698/869816849014000.txt
5/13/2005

Mai Output - Page 1 of 2
BUNCOMo"'- COUNTY, NORTH CAROLINA
r-,
http://gis.buncombecounty.org/servlet/ 5/13/2005

Map Output
Page 2 of 2
Legend
County Boundary
Parcels
Parcel Dirnansions
Sheat centairmas
Lov-4 Amt
tla#btv&xi
Transporlalbn
(R7kjhtoPNaWEasa w n1s)
06ginal Lot Lines
2002 Aerial Imagary - 100
Scab
http://gis.buncombecounty.org/servlel,,',,c;�n.esri.esrimap.Esrimap?Service]Nam-)�
w.d3&Fo=—True&Enco... 5/13/2005

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
October 28, 2005
Mr. Curtis A. Fennell, Jr.
Havon, Inc.
P.O. Box 1180
Candler, North Carolina 28715
Subject: Issuance of NPDES
Permit NCO075388
Pleasant Cove Rest Home
Buncombe County
Dear Mr. Fennell, Jr.:
Alan W. Klimek, P.E. Director
Division of Water Quality
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 permit contains no significant changes from the from the draft permit sent to you on August 31,
2005.
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 Bob Guerra at
telephone number [phone], extension 539.
Sincere
ly,
Alan W. Klimek, P.E.
cc: Central Files
Asheville Regional Off Surface-Water-Protection�
NPDES Unit
Canterbury Hills
PO Box 1180
Candler, N.C. 28715
Attention: Mr. Harold F. McCarson
�I NOV 15
W/AT=R nUALITY S _:;MN
p_c( inp__,I C �r---,
Noae Carolina
Ntmally
North Carolina Division of Water Quality . 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Permit NCO075388
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 143-215.11. other
lawful standards and regulations promulgated 'and" adopted by. the North Carolina
Environmental Management Commission, and the Federal Water Pollution Control
Act, as amended,
Havon, Inc.
is hereby authorized to discharge wastewater from a facility located at the
Pleasant Cove Rest Home
189 Robinson Cove Road
Candler - -
Buncombe County
to receiving waters designated as Pole Creek in the French Broad River Basin
.in accordance with effluent limitations, monitoring requirements, and other
conditions set forth in Parts I, II, III and IV hereof.
This permit shall become effective December 1, 2005.
This permit and authorization to discharge shall expire at midnight on October 31,
2010.
Signed. this day October 28, 2005.
J,w
W. Klimek, P.E., Director
ision of Water Quality
Authority of the Environmental Management Commission

Permit NCO075388
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.
Havon, Inc., is hereby authorized to:
1. Continue to operate an existing 0.012 MGD extended aeration wastewater
treatment plant with the following components:
■ Aeration basin'
■ Clarifier
■ Chlorine contact chamber 'with tablet chlorination
■ Lift station and force main outfall , .
This facility is located at the Pleasant Cove Rest Home on Robinson Cove Road
near Candler in Buncombe County.
2. After receiving an Authorization to Construct from the Division, construct and
operate facilities for a design capacity of 0.025 MGD, and
3. Discharge from said treatment works, through outfall 001, into Pole Creek, a
Class C water in the French Broad River Basin, at the location specified on the
attached map.

0
O
1� �� �"`-� � f : , '23CJ.0„� I - ; �� 4 i • � , V • 11� ,.4 ' et., 1 , �:.
f • � ✓ [ � is
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� [ � t a � It1` ``„f 'i .� S13' �+ -l�, ' � ,t r E '� •
t i. o'' `'� • a , . `; . '° OUTFALL 001
10
°
oil
i
i � • I �1� � I _ toa ' t1 , V �{ I �1 „i. °
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• ♦ �.V C t � I I 1� 'I'
• iI■1� Ir +fi��,� rI .:� ♦ A �+ Ihlf.. 1�
NC0075388 - Havon, Inc.
Pleasant Cove Rest Home
Larn-6erbof-y t4l`/1S
Latitude: 35°33'55" Receiving Stream: Pole Creek
Longitude: 82°42'23" Stream Class: C
Quad: ENKA Subbasin: 4 2 `710 `i� d3 —0_z
Facility
7 a
Location
F
. . .���

Permit NC0075388
A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL
During the period beginning on the effective date of the permit and lasting until
expansion above 0.012 MGD, the Permittee is authorized to discharge from outfall 001.
Such discharges shall be limited and monitored by the Permittee as specified below:
EFFLUENT s
.CHARACTERISTICS
LIMI7S
MQNITORING REQUIREMENTS `'
Monthly
Average E
Daily
SMaxirrum
Measurement
Frequency ,
Sample Type
Sample Location
Flow
0.012 MGD
Weekly
Instantaneous
Influent or Effluent
BOD, 5-day 20°C
30.0 m /L
45 m d /L
Weekly
Grab
Effluent
Total Suspended Solids
30.0 m /L
45 m /L
Weekly
Grab
Effluent
NH3 as N (April 1— October 31
21.0 m /L
35 mg/I
Weekly
Grab
Effluent
NH3as N (November 1— March
31
Weekly
Grab
Effluent
Fecal Coliform(geometric mean
200 / 100 ml
4001100 mi
Weekly
Grab
Effluent
Total Residual Chlorines
28.0 Ng/L
2Meek
Grab
Effluent
Temperature
Weekly
Grab
Effluent
H2
Weekly
Grab
Effluent
Footnotes:
1. Limit takes effect June 1, 2007. Until the limit takes effect, the permittee shall monitor TRC (with no
effluent limit).
2. The pH of the effluent shall not be less than 6.0 nor greater than 9.0 (on the standard units scale).
There shall be no discharge of floating solids or visible foam in other than trace amounts.

Permit NCO075388
A. (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL
During the period beginning upon expansion above 0.012 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:
EFFLUENT CHARACTERISTICS
rE$
LIMITS
s��
� �'° "� MONITORING
REQUIREMENTS
MonthlyMeasurement
Average E .
Daily
,Maximum .
.Frequency,
SampleType
Samp�eLocat�on
�.'
Flow
0.025 MGD
Weekly
Instantaneous
Influent or Effluent
BOD, 5-day 20°C
30.0 m /L
45 m /L
Weekly
Grab
Effluent
Total Suspended Solids
30.0 m /L
45 m /L
Weekly
Grab
Effluent
NH3 as N (April 1— October 31
21.0 m /L
35 m /I
2/Month
Grab
Effluent
NH3 as N November 1— March 31
2/Month
Grab
Effluent
Fecal Coliform(geometric mean
200 / 100 ml
400 / 100 ml
Weekly
Grab
Effluent
Total Residual Chlorines
28.0 Ng/L
2/Week
Grab
Effluent
Temperature
Weekly
Grab
Effluent
H1
Weekly
Grab
Effluent
Footnotes:
L The pH of the effluent shall not be less than 6.0 nor greater than 9.0 (on the standard units scale).
There shall be,no discharge of floating solids or visible foam in other than trace amounts.
A. (3) Phased Construction Condition
If this facility is built in phases, plans and specifications for the next phase to be constructed
must be submitted when the flow to the existing equipment reaches 80% (0.0096 MGD) of
the existing permitted flow (0.012 MGD). At no time may the flow tributary to the treatment
system exceed the design capacity of the existing equipment.

Frazier, Wanda
From: Frazier, Wanda
Sent: Wednesday, October 13, 2010 5:25 PM
To: 'Bob Guerra'
Cc: Edwards, . Roger
Subject: Draft permit 2010 NCO075388 Canterbury Hills
Attachments: NCO075388 Pleasant Cove Home 2010.pdf; 75388 a
cover page 201O.doc; NCO075388 12-30-09.pdf;
NCO075388 12-19-08. pdf; NCO075388 4-29-08. pdf;
NCO075388 3-6-07.pdf
:..
Everything looks good.
I met with the contract operator and did an inspection on 12-30-09. Attached is are the last 4 inspection
reports and most recent facility info cover page (2010).
Here's what I would suggest.
Supplement to permit cover page:
Continue to operate:
0.012 MGD (0.025 after A to C) extended aeration package plant consisting of:
manual bar screen; aeration basin with dual blowers providing diffused air;
rectangular clarifier with skimmer and sludge returns; aerobic digestor; tablet
chlorinator; chlorine contact chamber; tablet dechlorinator; 25 gpm effluent lift
station; and 3430 linear feet of 2-inch force main to the outfall.
I feel that everything else in the attached documents is accurate.
ARO recommends renewal of this permit.
Let me know if you have questions or comments.
Thanks,
Wanda
Wanda Frazier
1

Email: [e-mail]
North Carolina Department of
Environment and Natural Resources
Asheville Regional Office
Division of Water Quality
Surface Water Protection Section
2090 US 70 Highway
Swannanoa, NC 28778
Switchboard: 828-296-4500 x 4662
Direct line: 828-296-4662
Fax: [phone]
Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
therefore may be disclosed to third parties.
From: Edwards, Roger
Sent: Thursday, September 16, 2010 7:39 AM
To: Frazier, Wanda.
Cc: Haynes, Keith
Subject: FW: Draft permits
FYI ..... draft NPDES permits...... please review and let Bob know if you see errors.
Thanks,
Roger Edwards - Roger. [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Surface Water Protection
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
therefore may be disclosed to third parties.
From: Guerra, Bob
Sent: Wednesday, September 15, 2010 2:11 PM
To: Edwards, Roger; .Pugh, James L.
Subject: Draft permits
The attached permits were put out on public notice today. Questions/comments welcomed as always.
2

:I
CC�DET�IR�
North Carolina Department of Environment and Natural Resourc�s
Division of Water Quality j
Beverly Eaves Perdue
Coleen H. Sullins j
Governor
Director I
' I
•
! I
i
September 15, 2010
James M. Smith, Operations Manager
Havon Inc.
E
PO Box 1180
Candler, North Carolina 28715 j
Subject: Draft NPDES Permit
Permit No. NCO075388
Pleasant Cove Home VVW�
Buncombe County -
Dear Mr. Smith:
i I
Enclosed withthis letter is a copy of the draft permit for your facility. Please review the draft very
understanding of the conditions and requirements it contains. The following procedure has been
Total residual chlorine (TRC) compliance -level changed to 50ua/L. Effective March 1,,2008, the.
to allow 50 ug/L TRC compliance level. A footnote regarding this change has been added to the
draft permit.
This draft permit contains the following changes. from your existing permit:
• Footnote #1 has been modified to include the following additional Total Residual Chlorin L
facility shall report all effluent TRC values reported by a NC certified laboratory including field rti
effluent values below 50 ugA will be treated as zero for compliance purposes'
• Footnote* 2 has been deleted.
Concurrent with this transmittal, the Division will solicit public comment on this draft as required by the E 3A
notice in newspapers having circulation in the general Buncombe County area.'Following the 30-day put lic
Division will review all pertinent comments and take appropriate'action prior to issuing a final NPDES pe Tri
Should you wish to correct errors or provide comments regarding this draft please contact the DENR / D (
no later than 30 days after recohd ig this document. If you have questions concerning the draft perm t fi
contact me by e-mait(bob.guerratg'�ncdenr.gov) or at [phone].
Respectfully,
Bob Guerra
Compliance & Expedited Permits Unit
Enclosure: NPDES Permit NCO075388 (DRAFT)
I
cc: NPDES Unit
'Asheville -Regional Office/ Surface Water Protection (Rgger.edwardsOnedenr.gov) (ecopy)
Technical and Assistance Certification Unit — (James.pughdricderingov) (ecopy) !
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. SaftWry St Raleigh, North Carolina 27604
Phone: [phone] FAX 91SM7-64951 Customer Service.1-877-dW48
Internet hftpJlportalxtWwrorgfweblwgRame
An Equal Oppatuniy kArrvmativeActon Emp dyer
Dee Freeman
. Secretary
ensure thorough - -
demented by DWQ: .
Dived EPA approval
tations page in.the
cage: 'The
However,
by publishing a
comment period,. the
! / NPDES Program
r your facility, please

. i
I
Pe�mit NCO075388
:i
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
In compliance with the provisions of North Carolina General Statute 143-215.1, othe
and regulations promulgated and adopted by the North Carolina Environmental
Commission, and the Federal Water Pollution Control Act, as amend
ty
to receiving waters designated as Pole Creek in the French Broad River Basin!
in accordance with effluent limitations, monitoring requirements, and. other
forth in Parts I, II,. III and IV hereof.
This permit shall become effective xxxx, xx 2010.
This permit and authorization to discharge shall expire at midnight on
Signed this day )o=, xx 2010.
DRAFT
Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
standards
itions set

I er nit-NC0075388
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or i lis harge are
hereby revoked.. As of this permit. issuance, any previously issued permit a ring this
number is no longer effective. Therefore, the exclusive authority to operate i andischarge
from this facility, arises under the permit conditions, requirements, terms, and 3rovisions
included herein.
Havon, Inc. is hereby authorized to:
-i
1. Continue to operate an existing 0.012 MGD extended aeration wasteiva�er treatment .
plant consisting of the following treatment components:
♦ Aeration basin
♦ Clarifier i
Chlorine contact chamber with tablet chlorinator
♦ Dechlorination
♦ Lift station and force main outfall
2.
.3.
4.
This facility is located on 189 Robinson Cove Road at the Pleasant Cdvi Home, near
Candler in Buncombe County.
After receiving an Authorization to Construct from the Division, constnpctl and operate
facilities for a design. capacity of 0.025 MGD, and
Discharge from. said treatment works, through outfall 001 into Pole Cie k, a Class C
water, in the French Broad River Basin, at the location specked on the a shed map.

WEI) I
t mft
—, fts�
POP a
Ron-
Z,
JFacility IPF
Location
not to scale

01
Re it NCO075388
A..(I.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective (late of this permit and lasting until expansion ab�v0.012 MGD or
expiration, the Permittee is authorized to discharge from outfall 001. Such discharges sh�ll be limited and
monitored by the Permittee as specified below:
50050 -Flow
0.012 MGD
Weekly
Instantaneous
us
—1 —
I 10fluent or
i lEffluent
00310 - BOD, 5-day (20°C)
30.0 mg/L
45 mg/L
Weekly
Grab
I JEffluent
00530 - Total Suspended
30.0 mg/L
45 mg/L
Weekly-
Grab
Pffluent
Solids
90610 - NH3 as N (April I —
21.0 mg/L
35 mg/l
Weekly
Grab
Effluent
-October 31).
00610 L- NH3 as N
Weekly
Grab
I
jEffluent
(November I— March'31)
31616 - Fecal Coliforrn
200 100 ml
400 100 ml
Weekly
Grab
1
jEffluent
(geometric mean)
00010 - Temperature
Weekly.
Grab
Efflubnt
.00400 pH
Between 6.0 and 9.0 su
Weekly
_G_rab
1,Effluent
50060 - Total Residual
28.0 pg/L
2/Week
Grab .
.....
u nt
Chlorine'
Footnotes:
1. The DiVision
io shall nsl e
u en R
all uent R valu re rt below
val u e 't b e 'o
50 ug/L to be in co
u to
i P'
ance.with the
permit. 1-
owever, th Pe ittee,
tl u t
'n e an ubi
nti ue to an sub it
S
)n 'n'
a report ec
by
a North
Carolina
cerltfied lab ra ry
fi
(including fie certi e
icludin le ce ed n the
e rt these
gfi
values
values fall below
uC
There.shall be
no discha 9 ol
fic ating of or isible ba I n
Ig S 0
c thigr than traj
a
ounts.
0

j F ejmit NCO075388
�i
A- (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS '
During the period beginning upon expansion above 0.012 MGD and lasting until expiration, a ermittee is
authorized to discharge from-outfall 001. Such discharges shall be limited and monitored by th� ermittee as
specified below:
50050 - Flow 0.025 MGD Weekly Instantaneous
I ifluent or
Effluent
00310 - BOD, 5-day (20°C)
30.0 mg/L
45 mg/L
Weekly
Grab
Effluent
00530 - Total Suspended
Solids
30.0 mg/L
45 mg/L
Weekly
Grab
Effluent
( .
i
00610 - NH3 as N (April.1—
21.0 mg/L
35 mg/I
Weekly
Grab
Effluent
October 31)
it
00610 - NH3 as N
Weekly
Grab
Effluent
(November 1— March 31)
I i
31616 - Fecal Coliform
2001100 ml
400 / 100 ml
Weekly,
Grab
Effluent
(geometric mean)
i
00010 - Temperature
Weekly
Grab
jEffluent
00400 — pH
Between 6.0 and 9.0 su
'Weekly
Grab
Effluent
50060 - Total Residual
28.0 pg/L
2/Week
Grab
Effluent
Chlorine'
Footnotes:
1. The Division sh
permit. Howeve
all
,
ns r all effl
Pe itte sh
nt_
t
lue report bel 50 u
ntinue to r rd d tub it all v
t e in comp is
lue reported by
o
e
C_ arolina
certified laborat
ry
indudi g fi Id
ed), e n thes v es k bel
ug/L.
There shall ben
di
char e fl
ating
soli or v sl le oa In
ther tha tra .
mounts.
A. (3.) PHASED
C
NST U TI
N
CO DI 10
If this facility is built
n p
, pla ads
pecifi do s r th next p as to
be nstructed m
submitted
when the flow to theexisting
equ' me
t re
aches 0% 0 0 MGD) f
xist ng permitted
(.012
1 MGD'
At no time may the
ow
tributa to the
tre
tment to ex the esi n
p ' city of the exit
'g
ipment.

4
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 10, 2010
JAMES M SMITH
OPERATIONS MANAGER
HAVON INC
PO BOX 1180
CANDLER -NC 28715
Subject: Receipt of permit renewal application
NPDES Permit NC0075388
Pleasant Cove Home WVvTP
Buncombe County
Dear Mr. Smith:
The NPDES Unit received your permit renewal application on May 7, 2010.. 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 Bob Guerra at .
[phone].
Sincerely,
Dina'Sprinkle
Point Source Branch
cc: CENTRAL FILES
aAsheviffE�Regional=Office/Surface Water Protection
NPDES Unit
Juanita James, James .and James Environmental Management; "Inc.,.3801. Asheville. Hwy,.Heriders.onville,
NC 28791
4 .
E c E. v _E D
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 i 4 �7„Y 1 2(I10 .
Location: 512 N. SalisburySt. Raleigh, North Carolina 27604
9 I �.j � DIIO�� i1-.
Phone: [phone] \ FAX: [phone] \Customer Service:1-877-623-6748 !` No CaT ilia
Internet: www,v.ncwaterquality.org
An Equal Opportunity ; Affirmative Action Employer
WATER QUALITY
ASHEVILLE REG!0'

James & James Environmental Management, Inc.
3801 Asheville Hwy., Hendersonville, N. C. 2879i
OFFICE: [phone] FAX: [phone]
April 21, 2010
N. C. Department of Environment and Natural Resources
Division of Water Quality/NPDES Unit
1617 Mail Service Center
Raleigh, N. C. 27699-1617
Regarding All Waste Water Facilities Operated by James & James
To Whom It May Concern:
This letter is to request the renewal for the waste water treatment facility of Canterbury Hills, NPDES
number NC0075388.
Sincerely
Jua ' a James
James and James Environmental Mgt., Inc.

For privately ovined treatment systems treating 100% domestic miasts:rrratera <:0.1 Z'; G,0
Mail the complete application to:
N. C. Department of Environment and Natural Resources
Division of Water Quality / NPDES Unit
1617 Mail -Service Center, Raleigh, NC 27699-1 17
NPDEB Permit JNC0075388=
If you are completing this form in computer use the TAB key or the up - down arrows to move from ons
field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print er type.
1. Contact Information -
Owner Name HAVON INC
Facility Name CANTERBURY HILLS
Mailing Address P.O. BOX 1180
City CANDLER
State / Zip Code NORTH CAROLINA 28715
Telephone Number [phone] '
Fax Number [phone]
e-mail Address '
2. Location of facility producing discharge:
Check here if same address as above ❑
Street Address or State Road 189 ROBINSON COVE ROAD
City - CANDLER
State / Zip Code NORTH CAROLINA 28715
County BUNCOMBE
3. Operator Information:
Name of the fimi, public organization or other entity that operates the fa
referring -to the Operator in Responsible Charge or ORC)
Name JAMES & JAMES ENVIRONMENTAL MGT., INC.
Mailing Address
City
State / Zip Code
Telephone Number
Fax Number
1 of 4
P.O. BOX 519.
MOUNTAIN HOME
MAY - ,7 2010 L,
^?� i Ea ftUAtC�Y
�.ArtcH
(Note that d-._is is not
orm-D '103

NPDE Ak° . .� ICATION FOR PERMIT RENEWAL
For privately owned treatment systems treating 100% domestic ti
4. Description of wastewater:
Facility Generating Wastewater(check all that apply):
Industrial ❑ Number of Employees
Commercial ❑ Number of Employees
Residential ® Number.of Homes
School ❑ Number of Students/Staff
Other Explain: REST HM
Describe the source(s) of wastewater (example: subdivision, mobile home pE
restaurants, etc.):
REST HOME
FOR M D
'astcwaters <e�.1 I'lit�:��
shopping cent4,-1-s,
Population served:
S. Type of collection system
® Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer)
6. Outfall Information:
Number of separate discharge points 1
Outfall Identification number(s) 001
Is the outfall equipped with a diffuser? ❑ Yes ® No,
, `d'. Name of receiving stream(s) (Provide a map showing the exact location of each outfall):
POLE CREEK IN THE FRENCH BROAD RIVER BASIN
U. Frequency of Discharges ® Continuous ❑ Intermittent _
If intermittent:
Days per week discharge occurs: Duration:
9. Describe.the treatment system
List all installed components, including capacity, provide design removal for
phosphorus. If the space provided is not sufficient, attach the description of
separate sheet of paper.
A 0.012 'MGD EXTENDED AERATION FACILITY WITH. AERATION
BASIN,CLARIFIER,CHLORINE CONTACT CHAMBER WITH TABLET C1
STATION AND FORCE MAIN OUTFALL.
), TSS, nitrogen and
treatment sysitern in a,
TIO3�f,J�IJr 1'
2 of 4 ; _%rn-D 1106

NPDES . 1. .rjiACATIQN FOR PERMIT RENEWAL - FORM D .
For privately owned treatment systems treating 100% domestic wastewaters <0,1 HUU)
10. Flow Information:
Treatment Plant Design flow 0.012 MGD
Annual Average daily flow 0.0025 MGD (for the previous 3 ye
Maximum daily flow 0.006. MGD (for the previous 3' years)
11. Is this facility located on Indian country?
❑ Yes ® No
12. Effluent Data
Proi ide data for the parameters listed. Fecal Coliform, Temperature and pH shall be
parameters 24-hour- composite sampling shall be used. Effluent testing data must be
and must be no more than four and one half years old.
Paraaneter Daily Monthly i
Biochemical Oxygen Demand
(BOD5)
Fecal Coliform
Total Suspended Solids
Temperature (Summer)
Temperature (Winter)
pH
samples, for all c4lier
0 on at least three sample-,;
of e+Iw..L ber of
7.8 14.6 1 MG/I, 1 4
3.0
, 2.2
#/ 100ML
4
10.5
6.2
MG/L
4
25.9
25.0
C
4
11.4
11.2
C
4
7.9
7.4
UNITS
4.
13. List all permits, construction approvals and/or applications:
Type Permit Number Type
IIazardous Waste (RCRA) NESHAPS (CAA)
UIC (SDWA) Ocean Dumping (MPRSA)
NPDES NCO075388 Dredge or fill (Section 404 or
PSD (CAA) Special Order of Consent (SC
Non -attainment program (CAA) Other
14. -APPLICANT CERTIFICATION
I certify that I am familiar with the information contained in the
best of my knowledge -and belief such information is true, complete, a
Printed name of Person Signing 'Title
Permit Num 1yer .
A)
lication and. Ua.a t to the
accurate,_
3 of 4 1 F*ormm-D 1 /06

NPDEB .APi-)uICATION FOR PERMIT RENE, WAL'� FORM D
For privately owned treatment systems treating 100% domestic wastewaters <0,1 T'iCID
Signatua' of Applicant Date
North 'Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false :statement
representation, or certification in any application, record, report, plan, or other. document files or required to b,�
maintained under Article 21 or regulations of the Environmental Management Commission implenrcn ing that
Article, or who falsifies, tampers with, or knowly renders inaccurate any recording or monitoring device or method
required to be operated. or maintained under Article 21 or regulations of the Environmental Management
Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not in exceed
$25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 o.ravides a
punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, fo- a similar
offense.)
4of4
f=Drin-D 1/Ofi

James & James Environmental Management, Inc.
3801 Asheville Hwy., Hendersonville, N. C. 28791
OFFICE: [phone] FAX: [phone]
April 21, 2010
N. C. Department of Environment and Natural Resources
Division of Water Quality/NPDES Unit
1617 Mail Service Center
Raleigh, N. C. 27699-1617
Regarding All Waste Water Facilities Operated by James & James
To Whom It May Concern:
Sludge from this facility (Canterbury Hills) is pumped by Mike's Septic Tank Service and is permitted
to be dumped at Brevard Waste Treatment System and MSD.
Sincerely
�1
Juanita J es
James and James Environmental Mgt., Inc.

r
•
N
North Carolina
Department of Environment and'Natural Resources
Michael F. Easley, Governor
William G. Ross Jr., Secretary :
Arthur Mouberry, P. E., Chairman
Harold F. McCarson
Certificate #8103
45 Sams Branch Road
Candler, NC 28715
A
NCDENR
August 19, 2004
Subject: Invalidation of certification held with the North Carolina Water Pollution Control System
Operators Certification Commission
Dear Mr. McCarson:
This letter is in regards to your North Carolina Water Pollution Control System Operator certification(s).
As of calendar year 2000 and hence forth, the requirement for renewal of any certification held with the
Water Pollution, Control System Operator Certification Commission became a 2 part process: a) the
payment of. a $35 annual renewal fee; and, b) the completion of a minimum of 6 contact hours of
Commission -approved training, with part a and b to be completed by midnight December 31' of each
year. Failure to complete either -part of the process constitutes failure to complete the renewal process
and will result in the invalidation of all certifications you hold with the Commission.
Upon review of our records, it has been determined that you have not completed the renewal
requirements since calendar year 1999 for continued certification by the Commission. As per the
Commission's regulations, all certification(s) you presently hold with the Commission have been
Invalidated.- In order to renew a certificate that has been invalid for more than 2 consecutive years the.
operator shall be required to take and make a passing score on an examination of the same grade as the
former certificate, in this case, Biological Water Pollution Control System Operator Grade' 2. All
requirements to be eligible for the exam, including satisfactory completion of a' Commission approved
training school and completion of all outstanding continuing education hours, must be met as well.
PLEASE NOTE. If you are the Operator In Responsible Charge (ORC):or Backup ORC for a facility,
the invalidation of your certification(s) means you are no longer qualified to act as the ORC or
Backup ORC of a facility. The owner. of the facility for which you are ORC/Backup ORC must
Immediately designate a certified replacement for you or the facility will ,be in violation of its
permit.
If you have questions or need additional information in regards to this matter, please feel free to contact
Steve Reid at 919-733-0026 extension 314.
Sincerely,
1:;�t 1 a*/.w4 . Fro
Ted Cashion, Supervisor.
Technical Assistance & Certification Unit
AUG 2 3 2004
cc: TACO files WAT QUALITY SECTIt
Environmental Maintenance Systems Inc. ASHEVILLEIONA...0FF-==
Asheville Reg Office -Roger Edwards No hear°
Water Pollution Control System Operators Certification Commission
Aatura,
1618 Mail Service Center, Raleigh, North Carolina 27699-1618
Phone: [phone] \ Fax: [phone]',\ Internet: http://h2o.enr.state.nc.us/tacu/
AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER — 50% RECYCLED / 10% POST CONSUMER PAPER

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
December 17, 2013
Mr. Wittner Wright
Havon, Inc.
70 Brigadoon Drive
Clyde, NC 28721
SUBJECT: Request for Remission of Civil Penalty
Pursuant to-N.C.G.S. 143-215.6A(f)
Wa—fo-n,1lInc. —(Pleasant Cove,Home-WWTP
Case Number,V-2011-0253
NPDES Permit NCO075388
Buncombe County
Dear Mr. Wright:
John E. Skvarla, III
Secretary
RECEIVED
Division of Water Resources
DEC 3 0 2013
Water Quality Regional Operations
Asheville Regional Office
Final agency decision on your request for remission of the subject civil penalty will be made by the
Committee On Civil Penalty Remissions (Committee) of the Environmental Management Commission
(EMC) on Thursday, January 9, 2014.
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.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 �TOne
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 1r o thCarohna.n
Phone: [phone] \ FAX: [phone]
Internet: www.ncwaterquality.org
An Equal.Opportunity \ Affirmative Action Employer i!

Mr. Wittner Wright
LV-2011-0253 EMC/CCPR 'ification
p• 2
If you are a corporation, partnership or municipality and are granted an opportunity to make an oral
presentation before the Committee, then your representative must consider the recent State Bar's
Opinion and could be considered practicing law without a license if he or she is not a licensed attorney.
Presentation of facts by non -lawyers is permissible.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with the
hearing of a case if the Committee is informed that a potential violation regarding the unauthorized
practice of law has occurred.
Time and I ocatiori`of-lVIeetin�
The Committee will convene at-12:30 p.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 Ground Floor Hearing Room of the Archdale Building, located at 512 North
Salisbury Street in Raleigh, North Carolina (see enclosed map). ,
Other Things to Know About The Meeting
The length of an Environmental Management Commission meeting is determined by its agenda of the
day and the amount of discussion given to each topic — meetings often extend into the early afternoon.
You, are advised to arrive for the Committee meeting no later than 12:30 p.m. in order to ensure your
opportunity to listen to consideration of your case in the event that the Committee begins at its appointed
time. If the Commission meeting runs long and you need refreshment or food, Division of Water
Resources staff can direct you to a canteen/snack bar that is located on the basement floor of the
Archdale Building or to other local eateries.
If you have any questions concerning this matter, please contact Bob Sledge of the Wastewater Branch
at [phone], or via e-mail at [e-mail].
Sincerely,
r
`! Thomas A. Reeder
enclosure
cc: CAshJ evlle Regional Off ce� DWR/Water Quality
Enforcement File
Central Files

t r.
STATE GOVERNMENT VISITOR PARKING LOTS
$1.00 per flour and 58.00 niaxirnum per day {$8.00 Los} Ticket)
Parking Attendant on duty $80 a.m.- 6-: O p.m.hionday-1=rlday
City block
bo sitor 2 In dimtes 6u s Parkin9
fityblecl:bounrledby4;ilrningtogJone% 229NorthUlisburySireet
Blount- nkwWanton strmu Ground Leval of Parking tot 75
EntramwfwmJomrsandEdontor.Stroat E»trancrfom5afisburyattdF+isDoti.cll5uaets
All other tots reserved for employee pa rking.Towing enforced M-Fe 7 a.m.-5.p.m.

IL
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Wittner Wright
Havon Inc.
P.O. Box 1180
Candler, North Carolina 28715
Dear Mr. Wright:
Division of Water Quality
Thomas A. Reeder
Acting Director
July 3, 2013
John E. Skvarla, III
Secretary
Subject: NOTICE OF VIOLATION
NOV-2012-MV-0088
Permit No. NCO075388
Pleasant Cove Home WWTP
Buncombe County
A review of Pleasant Cove Home WWTP's monitoring report for April 2013 showed the following
violation:
Parameter
Date
Measuring
Frequency
Violation
Chlorine, Total Residual
04/13/2013
2 X week
Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant' when in
fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
Remedial actions should be taken to correct this problem. The Division of Water 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 anford, Regional Supervisor
Surface Water Protection Section
cc:®WQ A�sheuil a Files
DWQ Central Files
James & James Environmental/ ORC
S:\SWP\Buncombe\Wastewater\Minors\Havon Inc. Canterbury Hills 75388WOV-2013-MV-0088.doc
Nye Carolina
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone]
Internet: www.ncwaterauality.or4 FAX [phone]

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Director �,� �;� ;�. _ h Secrets
Governor - Secretary
December 16, 2011
WITTNER WRIGHT
HAVONINC
PO BOX 1180
CANDLER NC 28715
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment
Pleasant Cove Home WWTP
Permit Number: NCO075388
Case Number: LV-2011-0289
Buncombe County
Dear Mr. Wright:
{;UU
DEC 282011 (�
.E:.r
WATER QU,gLITY SECTION
ASHEVILLE REGIOAIAL OFFICE ii
This letter is to acknowledge receipt of check number 3038 in the amount of $492.00 received from you dated
December 4, 2011. This payment satisfies in full the above civil assessment levied against the subject faciliiy,
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
'l9 Q!Asheyill� e Regional Office-Supervisor-
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One
Phone: 91U07-63001 FAX: [phone] Customer Service:1-877-623-6748 NorthCarolina
Intemet wwwr.ncwaterqual4.org 1'. �....,. //.
T mi
An Equal Opportunity 1 Affirmative Action Employer

A •��
��
NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Govemor Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Wittner Wright
Havon Inc.
P.O. Box 1180
Candler, North Carolina 28715
November 15, 2011
Natural Resources
Dee Freeman
Secretary
7010 1870 0003 0874 8097
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 NCO075388
Havon Inc.
Pleasant Cove Home WWTP
Case No. LV-2011-0289
Buncombe County
Dear Mr. Wright:
This letter transmits a Notice of Violation and assessment., of civil penalty in the amount of $492.00
($350.00 civil penalty + $142.00 enforcement costs) against Havon Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Havon Inc. for the month of April 2011. This review has
shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NC0075388. The violations which occurred in April 2011
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Havon Inc. violated the terms,
conditions or requirements of NPDES Permit NCO075388 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, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
Havon Inc.:
NoorthCarolina
Natyra!!ty
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
V'�1i Internet: www.ncwaterauality.orn 641

I of the 2 violations of G.S. 143-215.l(a)(6) and NPDES Permit No.
$100.00 NC0075388, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for TSS - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No
$250.00
NC0075388, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Cone.
$350.00
TOTAL CIVIL PENALTY
$142.00
Enforcement Costs
$492.00
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-
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 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:
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 civilpenaltyshould 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 coritinuiiig 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
OR
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:
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.
Sincerel ,
Chuck Cr rd, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
c �:D-W--Q Ashevill�)--Fles w/_a-ftachuments--::n
DWQ Central Files w/ attachments
Bob Guerra/ DWQ Point Source w/ attachments
James & James Environmental/ ORC w/ attachments
S:;S4b"P`:Buncombe%Waste%vater;'vtinors`diavon lne. Canterbury lulls 7M8%LV-2011-0289.doe

DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT (FILE)
Violator: Havon Inc. / Canterbury / Pleasant Cove Rest home / NCO075388
( April 2011 DMR )
County: Buncombe
Case Number: LV-2011-0289
ASSESSMENT FACTORS
As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors
set out in G.S. 143B-282.1(b), which are:
1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
2) The duration and gravity of the violation;
Two Daily TSSs exceeded the permit limit by-3.33% & 48.22%.
One Monthly Average TSS exceeded the permit limit,by 21.58%.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be
immediately- quantified.
4) The cost of rectifying the damage;,,
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved could include the cost of increased monitoring and
sampling of the BOD, the cost of running the blowers more often and increased
solids management.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
There has been one civil penalty enforcement in the twelve months prior to this
violation.
8) The cost to the State of the enforcement procedures.
$142.00. . .
►� 1�11
Date Chuck CraVfd.Z�egional Supervisor
Surface Water Protection Section
Asheville Regional Office
11 /14/2011

(J
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0289 County: Buncombe
Assessed Party: Havon Inc. / Pleasant Cove Rest Home
Permit No.: NCO075388 Amount Assessed: $492.00
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. § 14313-282.1(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 inN.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 BUNCOMBE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
HAVON INC. / PLEASANT COVE REST HOME
PERMIT NO. NCO075388
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2011-0289
Having been assessed civil penalties totaling $492.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 15, 2011, 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
Havon Inc
CASE NUMBER: LV-2011-0289
PERMIT:
NCO075388
FACILITY: Pleasant Cove Home WWTP
COUNTY: Buncombe
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
4-2011
001
Effluent
TSS - Conc
04/21/11 Weekly
mgA
45
46.5
3.33
Daily Maximum Exceeded .
$100.00
4-2011
001
Effluent
TSS - Conc
04/29/11 Weekly
mgA
45
66.7
48.22
Daily Maximum Exceeded
$250.00
4-2011
001
Effluent
TSS - Conc
04/30/11 Weekly
mgA
30
36.48
21.58
Monthly Average Exceeded

EFFLUENT
NPDES PERMIT NO. NCO075388 DISCHARGE NO. 001 MONTH APRIL YEAR 2011
FACILITY NA CANTERBURY HILLS/PLEASANT COVE REST HOME CLASS II COUNTY BUNCOMBE
OTERATOR IN RESPONSIBLE CHARGE (ORC: HARRY D JAWS GRAD 11 ONE !8-697-0063
CERTW-WDT 1 JAMES 8 JAMES ENVIRONMENTAL MGT., INC. - #482
CHECK BOX IF ORC HAS CHANGED j PERSON(S) COLLECTING S MPLES TIMOTHY• JAMES
Mail ORIGINAL and ONE COPY to:
ATTN: CENTRAL FILES '
DENR-DWQ ipp ����pp ��yy BY THIS SIGNAT , I CERTIFY THAT T]JI ��I� �• +
1617MAIL SERVICE CENTER ACCURATE AND COMPLETE TQ- �
fl1 3' YCNOW
RALEIGH, NC 27699-1617+^�" .. • .` '
~1
U.
a c z ° a S T10N
HRS HRS YB/N MGD C UNITS UG/L MG/L MG/L MG/L
1 1828. " 0 08
2 0.00 y y .. nl c
3,
0.00
4 1031 0.17 B <15
-
6 1145 0.02 B 0.003 11.2 6.5 <15 5.5 <0.1 14.4 <1
7 1809 0:08: B.
8 1500 0.08 B
9 0:00 ' 10 0.00
12 1236 0.12 B 0.001 17.1 7.2 <15 >18.7 B,E 0.7 18.3 <1
13 1200- ..0.08_- . B _ -
14 1151 0.10 B <15
15 ' =1148, 0 08.;.r '-
16 0.00
1T 0:00
18 1140 0.08 B
19. • -1'325` : 0.1.0. B ..., 0.002
20 1130 0.12 B
21. :' 1255 0 1.0' ` ...B 4.6 .7:1 <15 `.. 32:5 U,1 6.5 A 4.0
22 OLIDA 0.00
23 : 0.00' +
24 0.00
25 : ' '..1139_ .0 10 . B <15
26 1115 0.12 B
28 1145 0.10 B 0.003 <15
29 `: `1312, 0.13`- B: . 20.4 ' ::7.3 ?37 6B:H _ 127 Q 66.7 <4
30 0.00
31-: 0:00
AVERAGE 0.002 15.8 0.0 23.6 0.5 k 36.51 2.0
Mi4XIMUM 0:003. T -2U:4 7 3 <15 37 6<,,. T-3' - 4 0
MINIMUM 0.001 11.2 6.5 <15 5.5 <0.1 14.4 <1.0
.�-G, .: ,.. ..: '.
Monthly Limit 0.012 NL 6-9 28 30/45 21/35 30/45 200/400
PERMIT FREQUENCY W +W _
DEM Form MR-1 (01/00)
Abe
/Vol/- kV- d �48o'?--

Facility Status (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
All monitoring data and sampling frequencies do NOT meet requirements
u
Compliant
Noncompliant
If the facility is noncompliant, please comment on corrective actions being taken in respect to equipmerit, operation, maintenance, etc.
and a time table for improvements to be made.
NL = NO LIMIT A = TSS data valid; Duplicate exceeded QC criteria
B = BOD data valid; Blank was >0.20mg/L H = BOD data valid; Seed correction factor is greater than 1.00mg/L
E = BOD data valid; Sample did not leave 1.00mg/L DO Q = NH3 data valid; spike RPD > 10%
The facility had a probably toxic load enter the facility. The bacteria in the facility was completely killed out. The facility was
reseeded from the digester. If this is not sufficient, the facility will be reseeded from an alternate facility.
See attached letter.
"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."
CANTERYBURY HILLS/PLEASANT COVE
Permittee (Please print or type)
5-25-11
ignature of Permittee DATE
3 DIX CREEK#1, LEICESTER
CANTERBURY HILLS P.O. BOX 1180,CANDLER, NC.: 828-697-0063 10-31-15
Permittee Address Phone Number Permit Exp. Date
PARAMETER CODES
00010
Temperature
00556
Oil & Grease
00951
Total Flouride
01067
Nickel
00076
Turbidity
00600
Total Nitrogen
01002
Total Arsenic
01077
Silver
00080
Color (Pt -Co)
00610
Ammonia Nitrogen
01092
Zinc
00082
Color (ADMI)
00625
Total Igeldhal
01027
Cadmium
01105
Aluminum
Nitrogen
00095
Conductivity
000630 Nitrate/Nitrites
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
38260
MBAS
Residue
00929
Totall Sodium
01045
Iron
39516
PCBs
00545
Settleable Matter
00940
Total Chloride
01051
Lead
50050
Flow
Parameter Code assistance may obtained b calling the Water Quality Compliance Group
at [phone], extension 581 or 534.
The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting
facility's permit for reporting data.
'ORC must visit facility and document visitation of facility as required per 15 A NCAC 8A .0202 (b) (5) (B).
—if signed by other than the perrmittee, delegation of signatory authority must be on file with the state per 15A NCAC 26.0506 (b)
(2) (D)-

by Owner
C 4 � c V .�
Permit Enforcement History Details
1
Owner: Havon Inc
Facility: Pleasant Cove Home WWTP
Permit: NCO075388
Region: Asheville
County: Buncombe
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-2000-0165
05/22/00
$1,250
$73.11
06/23/00 01/23/01
$1,000.00
$323.11 $.00 No 04/18/01
LR-2006-0025
5-2006
07/21/06
$500
$100.00
$600.00 $.00 No 08/21/061
LR-2007-0002
8-2006
01/22/07
$1,000
$100.00
$.00
11/15/07'
$.00 $1,100.00 No
LR-2007-0004
12-2006
02/20/07
$2,000
$100.00
$2,100.00 $.00 No 04/13/07
LR-2007-0011
1-2007
05/11/07
$4,000
$100.00
09/13/07
$4,100.00 $.00 No 01/11/10
MV-2007-0002
1-2007
05/11/07
$750
$390.45
07/12/07
$1,140.45 $.00 No 01/11/10
LV-2007-0471
9-2007
12/07/07
$300
$65.07
12/27/07
$.00 09/11/08 $.00
10/08/09
$.00 $365.07 No'
LV-2008-0027
10-2007
01/22/08
-$100
$65.07
02/12/08 06/09/08
$.00 07/09/09 $.00
10/08/09
$.00 $165.07 No
LV-2008-0089.
12-2007
03/07/08
$687.5
$65.00
04/03/08
$.00 $.00
06/18/08
$367.71 $384.79 No
LV-2008-0256
4-2008
07/29/08
$100
$65.00
08/08/08 10/08/08
$.00
$.00 $165.00 No
LV-2009-0131
2-2009 '
04/23/09
$200
$70.00
$270.00 $.00 No 06/02/091 _ a,-
LV-2010-0120
12-2009
04/27/10
$550
$67.00
05/01/10 07/07/10
$250.00 09/08/11 $250.00
09/08/10
$367.00 No
LV-2011-0253
12-2010
10/21/11
$200
$142.00
10/31/11
$342.00 No
Total Cases: 13
Total Penalty Amount:
$11,637.5
Total Enforcement Cost:
$1,402.70 Sum of Total Paid: $8,901.27 Total
Balance Due:
$2,888.93
Sum of Total Case Penalties:
$13,040.20 Total Penalties after
remission(s):
$11,790.20

ruE COS"Y
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen K Sullins Dee Freeman
Governor Director Secretary
November 29, 2011
Mr. Wittner Wright
Havon Inc.
P.O. Box 1180
Candler, North Carolina 28715
Subject: NOTICE OF VIOLATION
NOV-2011-LV-0580
Permit No. NCO075388
Pleasant Cove Home WWTP
Buncombe County
Dear Mr. Wright:
A review of Pleasant Cove Home WWTP's monitoring report for July 2011 showed the following
violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
Coliform, Fecal MF, M-FC
Broth,44.5C ,
07/26/2011
400 #/10Qml
600 #/10Dm1
Daily Maximum
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response'be submitted.
The Division of Water Quality may pursue enforcement action for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at
828/296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
c'D_1N�Q.Asheville-Files
DWQ Central Files
James & James Environmental/ ORC
S:\SWP1BuncombelVVastewaterlMinors\Havon Inc. Canterbury Hills 75388\NOV-201 1 -LV-0580.doc NoLCarolina
�Nlit!lCR��I,�
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.ora B'\ FAX [phone]

PO BOX 1354, MOUNTAIN HOME, NC 2
697-0065 FAX
PERFORMANCE ANNUAL REPORT -
Pleasant Cove Rest Home dba Canterbury Hills
Permit Number: NCO075388
{ ':n:'• .... f,`.ti•eY�<x:+7>Fsn:.yh,�ai�;.n�r
[11�
°' E II�C
?5
MAR - 9 2012
��" WATER QUP,LITY SECTION `'
�)< ASHEVII IF REGIONAL OFFICE r;
System Description
An extended aeration basin with gravity flow influent into a 12,000 gallon treatment facility,
clarifier, sludge holding tank, tablet feed chlorinator, chlorine contact chamber, tablet feed de -chlorinator,
and effluent pump tank.
Performance
This facility had several violations during 2011. In an attempt to bring this facility back into
compliance, the skimmer was raised, a metal bar was placed in the blower, hoses replaced and had the
facility pumped and re -seeded.
Violations and corrective actions taken
1. February 2011
a. Fecal Coliform
i. 2/10 @ >600 colonies/100 mis
1. We determined that the cause of the violation was due to a
elevated suspended solids in the effluent. The facility was
pumped.
2. March 2011
a. Fecal Coliform
i. 3-2 @ >600 coloniers/100 mis
b. Fecal Coliform
L 3-17 @>600 colonies/100 mis
c. Fecal Coliform
L 3-31 ,>600 colonies/100 mis
1. We determined that the cause of the violations were due to a
new operator at the facility. He had to learn the personality of
the facility.
3. April 2011
a. Total Suspended Solids
i. 4-21 — 46.5 mg/1
b. BOD-5 Day
i. 4-12 ->18.7 mg/1
c. BOD-5 Day
i. 4-29 - >37.6 mg/1
1. We determined that the cause of the violation was apparently
due to the influent containing a slug of an unknown toxic
substance. The facility had healthy bacteria the week before
MAR
the violation. The facility was placed on HAND and
Aluminum Sulfate and Soda Ash were added to aide in
settling the solids out. The clarifier was scraped daily to
return any solids from the hopper to the aeration basin. The
results for the last week indicated that the toxic loading may

have occurred a second time. The facility was re-routed
through the digester to re -seed the plant.
4. June 2011
a. Fecal Coliform
i. 6-16 @>600 colonies/100mis
We determined the cause of the violation was due to a low
chlorine residual. We increased the dosage of chlorine to
bring the facility back into compliance
5. July 2011
a. Fecal Coliform
i. 7-26 @>600 colonies/100mis
We determined the cause of the violation was due to low
dosing of chorine to accommodate the hydraulic surge when
the facility shuts off. We increased the dosing slightly for
this occurrence.
This report has been sent to the Owner with directions to give notification of the availability of this report
to each of their users. A certified statement will be sent to the State when this notice has been issued.
I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I
further certify that this report has been made available to the users or customers of the named system and
that those users have been notified of its availability. I also certify that this report has been given to the
owner of this facility with explicit directions to make the user aware of the availability of this report and the
location with which a copy can be viewed or received. James & James Environmental Mgt., Inc cannot
certify that the latter has been completed and will enclose a letter of certification to be mailed to the State
of North Carolina on behalf of this entity along with all pertinent information regarding this system for the
conclusion of this requirement.
Thank you,
Juanita James
James & James Environmental Management, Inc.

PERFORMANCE ANNUAL REPORT - 2011
Pleasant Cove Rest Home dba Canterbury Hills
Mr. Wittner Wright
Permit Number: NCO075388
A copy of the Performance Annual Report has already been filed with the
State of North Carolina Division of Water Quality in triplicate by James &
James Environmental Management, Inc. and should be in your possession at
this time. On that report, the certification was stated that I, the responsible
party of this facility, has received a copy of this report and was directed to
give the users knowledge of this report and access to it.
Therefore:
I certify under penalty of law that this report prepared by James & James
Environmental Management, Inc. is complete and accurate to the best of my
knowledge. I further certify that this report has been made available to the
users or customers of this documented system and that those users have been
notified of its availability.
Thank you,
Mr. Wittner Wright
Pleasant Cove Rest Home dba Canterbury Hills

4b F
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 18, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 8172
Mr. Wittner Wright
Havon Inc.
P.O. Box 1180
Candler, North Carolina 28715
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 NCO075388
Havon Inc.
Pleasant Cove Home WWTP
Case No. LV-2011-0296
Buncombe County
Dear Mr. Wright:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $442.00
($300.00 civil penalty + $142.00 enforcement costs) against Havon Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Havon Inc. for the month of March 2011. This review has
shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NC00753 88. The violations which occurred in March 2011
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Havon Inc. violated the terms,
conditions or requirements of NPDES Permit NCO075388: 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-b the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
Havon Inc.:
One
NofthCarolina
Naturally
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.ncwaterauality.orQ0r-'

3 of the 3 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$300.00 NC0075388, by discharging. waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
$300.00 TOTAL CIVIL PENALTY
$142.00 Enforcement Costs
$442.00 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:
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
71,
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 violatioo(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 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 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 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)-busness 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]

N
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,
Chuck Cr ' ord, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ ein s.-� Asheville Files- attac
DWQ Central Files w/ attachments
Bob Guerra/ DWQ Point Source w/ attachments
James & James Environmental/ ORC w/ attachments
S:\SWP\Buncombe\N1,astewater\.Nlinors\llavon Inc. Canterbury i4ills 15. 881V-2011-0296.doe

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0296 County: Buncombe
Assessed Party: Havon Inc. / Pleasant Cove Rest Home
Permit No.: NC0075388 Amount Assessed: $442.00
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 inN.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 CAR RL A
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST )
HAVON INC. / PLEASANT COVE REST HOME)
PERMIT NO. NCO075388 )
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2011-0296
Having been assessed civil penalties totaling $442.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 18, 2011, 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 .20.
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Havon Inc
I
j CASE NUMBER: LV-2011=0296
I
PERMIT: NCO075388 FACILITY: Pleasant Cove Home WWTP COUNTY: Buncombe
REGION: Asheville
Limit Violations II
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$100.00
3-2011
001
Effluent
FEC COLT
$100.00
3-2011
001
i
Effluent
FEC COLT
$100.00
3-2011
001
I
i
I
Effluent
FEC COLI
03/02/11 Weekly
#/100ml 400 600 50.00 Daily Maximum Exceeded
03/17/11 Weekly
#/100ml 400 600 50.00 Daily Maximum Exceeded
03/31/11 Weekly
#/100ml 400 600 50.00 Daily Maximum Exceeded
E

DIVISION OF WATE QUALITY - CIVIL PENALTY ASSES NT (FILE)
Violator: Havon Inc. / Pleasant Cove Rest Home / Canterbury / NCO075388
(Mareh 2011..UNIR )
County: Buncombe
Case Number: LV-2011-0296
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;
Three Daily Max Fecal coliforms exceeded the permit limit each by 50%.
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 sludge wasting, keeping
chlorine in the chlorine contact basin and keeping the chlorine contact basin clean.
The cost of more time spent on site operating would, be included also.
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.
$142.00.
Date Chuck' VWer
gional Supervisor
Surfactection Section
Asheville Regional Office
11 /17/2011

..
EFFLUENT
NPDES PERMIT NO. NCO075388 DISCHARGE NO. 001 MONTH MARCH - E,'_. E PEAR 2011
FACILITY NA CANTERBURY HILLS/PLEASANT COVE REST HOME CLASS II COUNTY BUNCOMBE
OPERATOR IN RESPONSIBLE CHARGE (ORC; HARRY D JAMES GRADE II PHONE t8-697-0063
CERTIFIED T ) JAMES 8. JAMES ENVIRONMENTAL MGT., INC. = T482
CHECK BOX IF ORC HAS CHANGED I X I ON(S) COLLECTING SAMPLES TIMOTHY DAMES ;
- •.6"7 Y}�� yr: .
Mail ORIGINAL and ONE COPY to: •. ;i: 25-11
ATTN: CENTRAL. FILESOA AT U_`RE_ 9FF �9PERATOR IN REP a F
DENR-DWQ BY THIS SIG , I CERTIFY THAT THIS REY(?R�1: iS''' .
1617MAIL SERVICE CENTER ju�� ACCURATE AND COMPLETE TO THE IWs p F'MY' T NO
RALEIGH, NC 27699-1617'
a <� ^"
z
o U.`
a H z °w
HRS HRS Y/B/N MGD C UNITS UG/L MG/L MG/L MG/L
1 1`530; 0.15` Y 0001 1
2 0905 0.58 Y 10.8 6.8 <15 10.2A 0.5 <6.25
4 0807 0.13 Y <15
5 -0.00'
6 0.00
8 0825 0.25 Y 11.5 6.7 <15 " B 0.2 <10.00C <1
9 1'545: 0 28. Y. V: 0:001
10 1515 0.25 Y
11, 0720 0 17; Y _: =: <15
12 0.00
14 1225 0.08 Y <15
151.45_ 0:ta,, h
X:,
16 1140 0.08 Y 0.001
17 1.11;8: • - 0 15, _ :Y. 14 2 6 4 ;s15 158 , y 0:2;_.. 711.36 a600
18 1137 0.12 Y
20 0.00
21 _ 0948 ' 0.08'
22 1144 0.18 Y 0.005 17 6.4 <15 11.5 0.1 <11.36 <1
23 0855? 0:12`.
24 1840 0.08 Y
25c.. 1030`
26 0.00
27 .. . 0.00'
28 1128 0.10 Y 0.005 <15
-- - _ -
30 1109 0.10{
Y
, „•24D' 600:0_-01:".." 1258:2>AVERAGE 0.002 13.6 0.0 15.4 0.2 10.7 46.4
;.:MAXIMUM 0005 " 1'7 0 , 6 8 '. <15 24 1 ; .0:5`. 14:6 >600 ... ; -
MINIMUM 0.001 10.8 6.2 <15 10.2 0.1 6.3 <1.0
GA.
G : G - G ",G. G G. G
Monthly Limit 0.012 NL 6-9 28 30/45 NL 30/45 2001400
PERMIT FREQUENCY.` VV W' W ':2/IN W; W W . 1N
DEM Form MR-1 (01/00)
NO
�� A/o v- o l L 0 a�3 �-t/ / �� 9�

Facility Status (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
Compliant
All monitoring data and sampling frequencies do NOT meet requirements
Noncompliant
If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc.
and a time table for improvements to be made.
NL = NO LIMIT
A = BOD DATA QUESTIONABLE; BLANK & SCF OUT
B = BOD DATA INVALID; TOTAL QC FAILURE; RESULTS 34.3 mg/I
C = TSS DATA VALID; DUP OUT
D = BOD DATA VALID;SCF OUT
NEW OPERATOR HAD TO LEARN THE LOADING OF THE PLANT; INCREASED CHLORINE DOSING TO MEET
THE DEMAND; APRIL IS COMPLIANT WITHFECAL COLIFORM
"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."
CANTERYBURY HILLS/PLEASANT COVE
Permittee (Please print or type)
a
jl/,ag�3 u v/ // 4-25-11
Skqorure of Permittee** j DATE
3 DIX CREEK#1, LEICESTER
CANTERBURY HILLS P.O. BOX 1180,CANDLER, NC. : 828-697-0063 10-31-15
Permittee Address Phone Number Permit Exp. Date
00010 Temperature
00076 Turbidity
00080 Color (Pt -Co)
00082 Color (ADMI)
00556 Oil & Grease
00600 Total Nitrogen
00610 Ammonia Nitrogen
00625 Total Kjeldhal
Nitrogen
PARAMETER CODES
00951 Total Flounde
01002 Total Arsenic
01027 Cadmium
01067 Nickel
01077 Silver
01092 Zinc
01105 Aluminum
00095 Conductivity
000630 Nitrate/Nitrites
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
38260 MBAS
. Residue
00929 Totall Sodium
01045 Iron
39516 PCBs
-00545-Settleable-Matter00940Total-C-hloride--01051-L-ead
--
—50050-Flow --
Parameter Code assistance may obtained b calling the Water Quality Compliance Group at [phone], extension 581 or 534.
The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting
facility's permit for reporting data_
*ORC must visit facility and document visitation of facility as required per 15 A NCAC 8A .0202 (b) (5) (B).
-If signed by other than the perrmittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B.0506 (b)
(2) (D).

Owner: Havon Inc
Facility: Pleasant Cove Home WWTP
Permit: NCO075388
Region: Asheville
Penalty
Assessment Penalty
Case Number MR Approved Amount
Permit Enforcement History Details by Owner
County: Buncombe
Remission Enf EMC EMC OAH
Enforcemen Request Enf Conf Remission Hearing Remission Remission
t Costs Damages Received Held Amount Held Amount Amount
Collection
Memo Sent
to AGO
11/16/11
1
.
Has
Balance Pmt Case
Total Paid Due Plan Closed
LV-2000-0165
05/22/00
$1,250
$73.11
06/23/00 01/23/01
$1,000.00
$323.11
$.00 No 04/18/01
LR-2006-0025
5-2006
5-2006
07/21/06
07/21/06
$500
$500
$100.00
$100.00
$600.00
$600.00
$.00 No
$.00 No 08/21/06�
LR-2007-0002
8-2006
01/22/07
$1,000
$100.00
$.00
11/15/07
$.00 $1,100.00 No
LR-2007-0004
12-2006
. - 02/20/07
$2,000
$100.00
$2,100.00
$.00 No 04/13/07
LR-2007-0011
1-2007-
05/11/07
$4,000
$100.00
09/13/07
$4,100.00
$.00 No 01/11/10
MV-2007-0002
1-2007
05/11/07
$750
$390.45
:._
07/12/07
$1,140.45
$.00 No 01/11/10
LV-2007-0471
9-2007
12/07/07
$300
$65.07
12/27/07
$.00
09/11/08 $.00
10/08/09
$.00
$365.07 No
LV-2008-0027
10-2007
01/22/08
$100
$65.07
02/12/08 06/09/08
$.00
07/09/09 $.00
10/08/09
$.00
$165.07 No
LV-2008-0089
12-2007
03/07/08
$687.5
$65.00
04/03/08
$.00
$.00
06/18/08
$367.71
$384.79 No
LV-2008-0256
4-2008
07/29/08
$100
$65.00
08/08/08 10/08/08
$.00
$.00
$165.00 No
LV-2009-0131
2-2009
2-2009
04/23/09
04/23/09
$200
$200
$70.00
$70.00
$270.00
' $270.00
$.00 No 06/02/00
$.00 No
LV-2010-0120
12-2009
04/27/10
$550
$67.00
05/01/10 07/07/10
$250.00
09/08/11 $250.00
09/08/10
$367.00 No
LV-2011-0253
12-2010
10/21/11
$200
$142.00
10/31/11
$342.00 No
LV-2011-0289
4-2011
$350
$142.00
$492.00 No
Total Cases: 14
Total Penalty Amount:
$11,987.5
Total Enforcement Cost:
Sum of Total Case Penalties:
$1,544.70 Sum of Total Paid: $8,901.27 Total Balance Due:
$13,532.20 Total Penalties after remission(s):
$3,380.93
$12,282.20

NCDENR F'ILE COIN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue— Coleen H. Sullins Dee Freeman
Governor Director Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Wittner Wright
Havon Inc.
Pleasant Cove Home WWTP
P.O. Box 1180
Candler, North Carolina 28715
Dear Mr. Wright:
August 18, 2011
7010 1870 0003 0874 7236
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking #: NOV-2011-LV-0383
Pleasant Cove Home WWTP
NPDES Permit No. NCO075388
Buncombe County
A review of the March 2011 self -monitoring report for the subject facility revealed violations of the
following parameter:
Date
Outfall
Parameter
Reported Value
Permit Limit
03/02/2011
001
Fecal coliform
600 # / 100 ml
400 # / 100 ml
03/17/2011
001
Fecal coliform
600 # / 100 ml
400 # / 100 ml
. 03/31/2011
001
Fecal coliform
600 # / 100 ml
400 # / 100 ml
A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the
noted violations of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0075388.
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 March 2011 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.
SURFACE WATER PROTECTION SECTION —ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swamtanoa, North Carolina 28778
Phone: [phone]\ Fax: [phone] \ Customer Service: 1-877-623-6748
Internet: http://Portal.ncdenr.oro/web/wo
Nne
orthCarolina
AMI M17ll11
An Equal Opportunity % Affirmative Action Employer — 50% Recycled/10% Post Consumer paper

Mr. Wittner Wright
August 18, 2011
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Quality 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 at
828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
6cG-- -I) VQ Asheville Files
Bob Guerra/ DWQ Point Source Branch
S:;S\4P,Buncombe. itste%vatee`.Minors`d-favoii Inc. CanterburY Hills 7i3MINOV-NRG2011-I-V-0333.doc

M ;A& J
NCDENR �� F .1 , C . 7
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 13, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 4470
Mr. Witmer Wright
Havon Inc.
Pleasant Cove Home WWTP
P.O. Box 1180
Candler, North Carolina 28715
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking #: NOV-2011-LV-0482
Pleasant Cove Home WWTP
NPDES Permit No. NCO075388
Buncombe County
Dear Mr. Wright:
A review of the April 2011 self -monitoring report for the subject facility revealed violations of the
following parameter:
Date
Outfall
Parameter
Reported Value
Permit Limit
04/21/2011
001
TSS
46.5 mg/ L
45 mg/ L
04/29/2011
001
TSS
66.7 mg/ L
45 mg/ L
04/30/2011 1
001
TSS
36.48 mg/ L
30 mg/ L
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. NC0075388.
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 April. 2011 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.
i
i
SURFACE WATER PROTECTION SECTION —ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannmoa, North Carolina 28778
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
h e :11 ortal.ncdenr.or lweblw
An E pportunity 1 Affirmative Action Employer — 50% Recycled/10% Post Consumer paper
Nne
orthCarolina
AatmnilAl

Mr. Wittner Wright
October 13, 2011
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Quality 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,
D. Keith Haynes, Acting Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
DW = - - hev it M
MMM
Bob Guerra/ DWQ Point ource Branch
S:•.SWI",13una)mbc'%Wastew,itertivlinors,Havon Inc. Canterbury Hills 75383'•NOV-NRL-.-201 I-I.V-0482.doe

AL- La
6
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 13, 2011
Mr. Wittner Wright
Havon Inc.
P.O. Box 1180
Candler, North Carolina 28715
Subject: NOTICE OF VIOLATION
NOV-2011-LV-0491
Permit No. NCO075388
Pleasant Cove Home WWTP
Buncombe County
Dear Mr. Wright:
A review of Pleasant Cove Home WWTP's monitoring report for June 2011 showed the following
violation:
Parameter
Date
Limit Value ,
Reported Value
Limit Type
Coliform, Fecal MF, M-FC
Broth,44.5C
06/16/2011
400 #/100ml
600 #/100ml
Daily Maximum
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted.
The Division of Water Quality may pursue enforcement action for this and any additional violations
of State law. If you should have any questions, please call Janet Cantwell at 828-296-4500.
Sincerely,
D. Keith Haynes, 4Acing Regional Supervisor
Surface Water Protection Section
cc: i�1I.GL�Aheoitte�Flles .} =-
DWQ l.�ent al Flles
James & James Environmental/ ORC
S:ISWPSuncombe\Wastewater\Minors\Havon Inc. Canterbury Hills 75388NNOV-2011-LV-0491.doc Noe Carolina
�tura!!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]

!!F .
^fir
CCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 2, 2011
James & James Environmental Management Inc.
PO Box 519
Mountain Home, NC 28758
Subject: Remission Request of Civil Penalty Assessment
Pleasant Cove WWTP NC0075388
LV-2011-0253
Dear Mrs. James:
Dee Freeman
Secretary
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.
A copy is each Remission request is being sent to the Asheville. Regional Office for input and recommendations.
Your requests 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) 807=6387.
Sincerely,
Bob Guerra, Western Region NPDES
Point Source Branch "
Cc: Asheville Regional Office
Enforcement files_w/originals
Central Files
1617 Mail Service Center, Ralegh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One..Phone: [phone] FAX: [phone] Customer Service:1-877.623-6748 N.o..t11Caroh la
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
atural

Oct 2611 01:28p James & James Env. Mgmt.
8286969738 p.4
October 21, 2011
JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 519, MOUNTAIN IIOMT., NC 28758
[phone] OFFICE 1
[phone] FAX'
North Carolina Division of Water Quality
Enforcement Division
1617.Mail Service Center
Raleigh, NC 27699 — 1617
Re: Canterbury Hills/Ilavon IncJPleasant Cove Home WWTP
NPDES NCO075398
LV-2011-0253
Dear Mr. Guerra,
This letter is in response to the NOV dated October 21, 2011 for the system known as Canterbury
Hills/Hawn, Inc./Pleasant Cove Home WWTP. The violation was for an elevated BOD — 5 day and Fecal
Colifotm in the month of December, 2010.
The facility experienced a mechanical problem with the breaker that operated the blower/motor
combination. The breaker was exchanged the last week of the month once the data from the 22nd had been
calculated. The 2151 is also when the Fecal Coliform was elevated. We believe that the elevated BOD
concentration from the same week is the reason for the elevated Fecal Coliform. We believe the chlorine
was depleted by the BOD uptake.
The data was read from the incubator on Tuesday the 28°i, the same day the facility was sampled
for the last week of the month. The maintenance crew was on site Wednesday the 29th to assess the
difficulties with the facility and found the faulty breaker. The breaker was repaired within 24 hours and the
facility placed on hand overnight. There was not ample time to resample for the month of December. 2010.
The first week of samples in January was 43.2mg/l (below the daily maximum), and the following
week at 25.7mgiI. The facility was compliant for January, 2011.
penalty.
Thank you for your consideration of this assessment. We respectfully request remission of this
Thank you,
Harry & Juanita James

i:27p James & James Env. Mgmt. 8286969738 p.2
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
HAVON INC.i PLEASANT COVE 1
PERMIT NO. NC0075388 ) - FILE NO. LV-2011-0253
Having been assessed civil penalties totaling $342.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated October 21, 2011, 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 Vill be allowed
after (30) days from the receipt of the notice of assessment.
This the 2- b* day of t r /1 , 20 'I
SIGNATURE
ADDRESS
James & James
Environmental anagemen , Inc.
0. O. Box 519
iftyntHill Hume, NC 28758
TELEPHONE
V'. '0� -gt�)i

Oct 2611 01:27p James & James Env, Mgmt.
8286969738 p.3
JUSTIFICATION FOR REMISSION kEOUEST
DWQ Case Number: LV-2011A253 County: Buncombe
Assessed Party: Havon IncJ Pleasant Cove
Permit No.: NC0075388 Amount Assessed: $342.00
Please use this form when requesting remission of1his 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 pr6eedure 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 assessmentfactors 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 aresult 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., explainhow payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION: gj� 6AC4

C ;
NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Wittner Wright
Havon Inc.
P.O. Box 1180
Candler, North Carolina 28715
October 21, 2011
Natural Resources
7010 1870 0003 0875 4593
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 NCO075388
Havon Inc.
Pleasant Cove Home WWTP
Case No. LV-2011-0253
Buncombe County
Dear Mr. Wright:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $342.00
($200.00 civil penalty + $142.00 enforcement costs) against Havon Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge .
monitoring report (DMR) submitted by Havon Inc. for the month of December 2010. This review
has shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NC0075388. The violations which occurred in December
2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Havon Inc. violated the terms,
conditions or requirements of NPDES Permit NCO075388 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, D. Keith Haynes, Division of Water Quality Acting
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Havon Inc.:
One
NorthCarolina
Natodid
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.ncwateraualitv.om

t
1 of the 1 violations of G.S. 1-43-215.1(a)(6) and NPDES Permit No.
$100.00 NC0075388, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD - Cone.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0075388, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
$200.00 TOTAL CIVIL PENALTY
$142.00 Enforcement Costs
342.00 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
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 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
OR
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:
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,
D. Keith Haynes, cting Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
ee! ' eyilq'e U -w/yattachments
DWQ Central Files w/ attachments -m
Bob Guerra/ DWQ Point Source w/ attachments
James & James Environmental/ ORC w/ attachments
S:tSWPUBuncombe'%WasteNv,iter_hlinorstl-I,ivon Inc. Canterbury Mills 75333tLV-2011-0253.doc
( Re: NOV-201 I-1.,V-0313 )

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0253 County: Buncombe
Assessed Party: Havon Inc./ Pleasant Cove
Permit No.: NC0075388 Amount Assessed: $342.00
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. 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 BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
HAVON INC./ PLEASANT COVE 1
PERMIT NO. NCO075388 ) FILE NO. LV-2011-0253
Having been assessed civil penalties totaling $342.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated October 21, 2011, 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 , 20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Havon Inc
CASE NUMBER: LV-2011-0253
PERMIT: NCO075388
FACILITY: Pleasant Cove Home WWTP
COUNTY: Buncombe
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 12-2010 001
Effluent BOD - Conc
12/28/10 Weekly
mg/l 45
56.6 25.78 Daily Maximum Exceeded
$100.00 12-2010 001
Effluent FEC COLI
12/21/10 Weekly
X100ml 400
600 50.00 Daily Maximum Exceeded S

DIVISION OF WATER QUALITY - CIVIL PENALTY ASSES6 iMENT (FILE)
Violator: Havon Inc. / Pleasant Cove / NC0075388.
( December 2010 I)MR) ( Ile: NOV-2011-LV-0313 )
County: Buncombe
Case Number: LV-2011-0253
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;
There was one Daily Max BOD which exceeded the permit limit by 25.77 %.
There was one Daily Max Fecal coliform which exceeded the permit limit by 50%.
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 increased monitoring and
sampling of the BOD and Fecal coliform, the cost of running the blowers more
often and increased solids management. More time spent on site operating could
also help.
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 previous twelve months.
8) The cost to the State of the enforcement procedures.
$142.00. 01
&x� fm',-e
lO•uZ'O•��
Date D. Keith Haynes, Apting Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
10/20, 2011

E LUENT
NPDES PERMIT NO. NC0075388 DISCHARGE NO.' 001 MONTH DECEMBER YEAR 2010
FACILITY NAME CANTERBURY HILL/PLEASANT COVE REST HOME CLASS II COUNTY BUNCOMBE
OPERATOR IN RESPONSIBLE CHARGE (ORC) KENNETH JASON RUMMEL GRADE II PHONE :[phone]
L'D'T W11 "I AUnDA9rnD1RQ!lI IAAAFQ£ IAMFCFIJV19nNIAAFAITAI M[_T IAIC -AAAq
Mail ORIGINAL and ONE COPY toT- "-' '`� " ` " ` `
ATTN: CENTRAL FILES FEB - 8 2011
DENR-DNVQ
1617MAIL SERVICE CENTER.
j1ntUfd.)g@iem PmG'45Si00 (_4y!It.
BY THIS SIGNATURE, I. CERTIFY THAT THIS
ACCURATE AND COMPLETE TO THE BF
"LEIGH, NC 27699-1617 -
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PERMIT- FREQUENCY
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DEM Form MR-1 (01/00)
= �// - Z- V- 6 .� 3 �o zo/r� ��?.�j/� - 6�� z�. .

Facility Status (Please c ; one of the following)
All monitoring data and sampling frequencies meet permit requirements
Compliant
All monitoring data and sampling frequencies do NOT meet requirements
Noncompliant
If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc.
and a time table for improvements to be made.
NL = NO LIMIT
*BOD DATA VALID; SCF OUT &.SAMPLE DID NOT LEAVE 1 PPM DO.
Elevated fecal coliform; increased the chlorine dosing. There was an electrical issue occuring with the facility that
had to be addressed. The breaker was exchanged and the facility was able to run a full cycle. This is reason for the
elevated BOD-5 day result on 12/28.
"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."
CANTERYBURY HILLS/PLEASANT COVE
Permittee (Please print or type)
A2'( _! %.0 1-25-11
ignature of Permi 4 e** DATE
3 DIX CREEK#1, LEICESTER
CANTERBURY HILLS P.O. BOX 1180,CANDLER, NC.:828-697-0063 10-31-2010
Permittee Address Phone Number Permit Exp. Date
PARAMETER CODES
00010 Temperature
00556 Oil & Grease
00951 Total Flouride
01067 Nickel
00076 Turbidity
00600 Total Nitrogen
01002 Total Arsenic
01077 Silver
00080 Color (Pt -Co)
00610 Ammonia Nitrogen
01092 Zinc
00082 Color (ADMI)
00625 Total Kjeldhal
01027 Cadmium
01105 Aluminum
°. Nitrogen
00095 Conductivity
000630 Nitrate/Nitrites
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
38260 MBAS
Residue
00929 Totall Sodium
01045 Iron
39516 PCBs
00545 Settleable Matter
00940 Total Chloride
01051 Lead
50050 Flow
Parameter Code assistance may obtained
b calling the Water Quality Compliance Group at [phone], extension 581 or 534.
The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting
facility's permit for reporting data.
*ORC must visit facility and document visitation of facility as required per 15 A NCAC 8A .0202 (b) (5) (B).
**If signed by other than the perrmittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B.0506 (b)
(2) (D). , . . . .

Permit Enforcement History Details by Owner
10/20/11
1
Owner: Havon Inc
Facility: Pleasant Cove Home WWTP
Permit: NCO075388
Region: Asheville County: Buncombe
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 I Amount Amount to AGO Total Paid Due Plan Closed
LV-2000-0165 05/22/00 $1,250 $73.11 06/23/00 01/23/01 $1,000.00 $323.11 $.00 No 04/18/01
LR-2006-0025
5-2006
07/21/06
$500
$100.00
$600.00
$.00
No
08/21/06(---
LR-2007-0002
8-2006
01/22/07
$1,000
$100.00
$.00
11/15/07
$.00
$1,100.00
No
LR-2007-0004
12-2006
02/20/07
$2,000
$100.00
$2,100.00
$.00
No
04/13/07
LR-2007-0011
1-2007
05/11/07
$4,000
$100.00
09/13/07
$4,100.00
$.00
No
01/11/10
MV-2007-0002
1-2007
05/11/07.
$750
$390.45
_.
07/12/07
$1;140.45
$.00
No
01/11/10
LV-2007-0471
9-2007
12/07/07
$300
$65.07
12/27/07
$.00 09/11/08
$.00
10/08/09
$.00
$365.07
No
LV-2008-0027
10-2007
01/22/08
$100
$65.07
02/12/08 06/09/08
$.00 07/09/09
$.00
10/08/09
$.00
$165.07
No
LV-2008-0089
12-2007
03107/08,
$687.5
$65.00
04/03/08
$.00
$.00
06/18/08
$367.71
$384.79
No
LV-2008-0256
4-2008
07/29/08
$100
$65.00
08/08/08 10/08/08
$.00
$.00
$165.00
No
LV-2009-0131
2-2009
04/23/09
$200
$70.00
$270.00
$.00
No
i
06/02/01 ,
LV-2010-0120
12-2009
04/27/10
$550
$67.00
05/01/10 07/07/10
$250.00 09/08/11
$250.00
09/08/10
$367.00
No
LV-2011-0253
12-2010
$200
$142.00
$342.00
No
Total Cases: 13
Total Penalty Amount:
$11,637.5
Total Enforcement Cost:
Sum of Total Case Penalties:
$1,402.70 Sum of Total Paid: $8,901.27 Total Balance Due:
$13,040.20 Total Penalties after remission(s):
$2,888.93
$11,790.20

Beverly Eaves Perdue
Governor
NCDENR FIRLE COPY
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins Dee Freeman
Director Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Wittner Wright
Havon Inc.
Pleasant Cove Home WWTP
P.O. Box 1180
Candler, North Carolina 28715
Dear Mr. Wright:
August 3, 2011
7010 1870 0003 0874 6956
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking #: NOV-201 1 -LV-0313
Pleasant Cove Home WWTP
NPDES Permit No. NCO075388
Buncombe County
A review of the December 2010 self. -monitoring report for the subject facility revealed violations of the
following parameters:
Date
Outfall
Parameter
Reported Value
Permit Limit
12/28/2010
001
BOD
56.6 mg/ L
45 mg/ L
12/21/2010
001
Fecal coliform
> 600 # / 100ml
400 # / 100m1
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. NC0075388.
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 12/ 2010 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.
SURFACE WATER PROTECTION SECTION —ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone]\ Fax: [phone] \ Customer Service: 1-877-623-6748
Internet: hffp://Portal.nodenr.org/web/wq
NorthCarolina
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled'10% Post Consumer paper

f�
Mr. Wittner Wright ,
August 3, 2011
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Quality 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,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ec: IIt�AshevilleFiles�` '`
Bob Guerra/ DWQ Point Source Branch
S:'Slavon Inc. Canterbury l(ills 75,R5'a0V-NRI:-20l I-I:V-U3L .disc
0

;to3 G- i"Wr)c
a00S S , )4L" rn+4
State of North Carolina
Department of Justice
ROY COOPER PO Box 629
Attorney General Raleigh, North Carolina
27602
Winner Wright, Reg. Agent
Havon, Inc.
P. O. Box 1180
October 11, 2011
CERTIFIED MAIL
RETURN RECEIPT
fo,13X
Francis W. Crawley
Phone: [phone]
Fax: [phone]
[e-mail]
Chandler, N. C. 28715 CO
RE: Assessment -of Civil Penalties Against Havon, Inc. and Pleasant G ve Rest Home,
410111112
1�201 a ,
Dear Mr. Wright:
In your capacity as the registered agent, you will find enclosed the Final Agency Decision of tht
Environmental Management Commission assessing a civil penalty and investigative costs as set forth in the
decision document. According to North Carolina General Statutes § 143-215.5 and § 15013-45, the company
may seek judicial review of the Commission's decision in the Superior Court of Wake or Buncombe County
by filing a petition within 30 days of receipt of a written copy of the final agency decision. Otherwise,
payment of the civil penalty assessment and costs must be submitted to the Department of Environment and
Natural Resources within 30 days of receipt of this final agency decision by mailing a check made payable
to the Department of Environment and Natural Resources in an envelope addressed as follows:
Mr. Kevin Bowden [Phone [phone]
Compliance Oversight Unit .
1617 Mail. Service Center
Raleigh, North Carolina 27699-1617
If the company fails to pay the penalty within 30 days of receipt of the final decision document, the
Department will seek to collect the amount due through a civil action commenced in Superior Court.
Very truly yours,
4� �j
ncis W. Crawley
Special Deputy Attorney General
Commission Counsel
Enclosure
✓ cc: Kevin Bowden
Lois Thomas
OCT 12 2011

STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
IN THE MATTER OF:
Assessment of Civil Penalties )
Against )
HAVON, INC. AND PLEASANT GROVE )
REST HOME )
BEFORE THE
REMISSION COMMITTEE OF THE
ENVIRONMENTAL MANAGEMENT
COMMISSION
LV 2010-0120
FINAL DECISION
THIS 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 8, 2011, 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
Havon, Inc. and Pleasant Grove Rest Home in the total amount of $617.00 ($550.00 plus $67.00
investigation costs). Havon, Inc.'s and Pleasant Grove Rest Home's agent, Juanita James,
submitted a request for remission to the Director seeking reduction of the $617.00 penalty
assessment for violations of the discharge limitations of NPDES Permit No. NCO075388 during
December 2009. Upon consideration of the information submitted with the request showing that
ice formed during cold weather .during December 2009 resulted in inaccurate effluent samples
being taken from' the treatment system, the Director reduced the penalties by $250.00, from
$550.00 to $300.00. Havon, Inc's and Pleasant Grove Rest home's request for remission was
presented to the Committee on Civil Penalty Remissions for consideration. Havon, Inc. and
Pleasant Grove Rest Home did not request oral argument; therefore, their request.for remission
was presented to the Committee on Civil Penalty Remissions based on their written submissions
and those of the Division of Water Quality.

2
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 Havon, Inc. and
Pleasant Grove Rest Home, 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 determining the
amount of the civil penalties. Pursuant to N.C.G.S. § 143B-282.1(c), the Committee further
finds that there are grounds for remission or reduction of the penalties assessed by the Director
for four violations of N.C.G.S. § 143-215.(a)(6) and NPDES Permit No. NCO075388 during
December 2009 by discharging effluent that exceeded the Permit Daily Maximum limits for
BOD, Fecal Coliform, and TSS and the Permit Monthly Average limit for TSS. The Committee
found that the violations were inadvertent and resulted from ice that formed in the treatment
system during cold weather and concurred with the Director's proposed$250.00 reduction of the
penalties.
Upon duly made motion and vote, the Committee finds that the civil penalty assessment
should.be reduced by $250.00 and upheld in the amount of $367.00 (civil penalty $300.00 plus
$67.00 investigation costs).
THEREFORE, IT IS ORDERED:
1. That the assessment of civil penalties and investigation costs against Havon, Inc.
and Pleasant Grove Rest Home in the amount of $367.00 is AFFIRMED.
2. That this Final -Decision and Order be served upon Havon, Inc. and Pleasant
Grove Rest Home and upon receipt hereof, the' amount of $36.7.00 be paid to the Department of
Environment and Natural Resources within thirty days.

This the tC� day of October, 2011.
StepherlT. Smith, Chairman
Environmental Management Commission

-4-
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:
Wittner Wright, Reg. Agent
Havon, Inc.
P. O. Box 1180
Chandler, N. C. 28715
Janet Cantwell
DWQ Asheville R. O.
2090 US Highway 70
Swannanoa, N. C. 28778
This the 11
day of October, 2011.
CERTIFIED MAIL
RETURN RECEIPT
ELECTRONIC MAIL
ROY COOPER
Attorney, General
I
Lg
Q,,cis W. Crawley
Special Deputy Attorney General
N.C. Department of Justice
P.O. Box 629
Raleigh, N.C. 27602
919/716-6600

STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
IN THE MATTER OF:
Assessment of Civil Penalties )
Against )
HAVON, INC. AND PLEASANT GROVE )
REST HOME )
;pWt
i
BEFORE ZEEOT
2011 REMISSION CO I ENVIRONMENTA MT
COMMIS IOrATER QUALITY SECTION
LV 201 O- HEVILLE REGIONAL OFFICE
FINAL DECISION
THIS MATTER came before the Committee on Civil Penalty Remissions of the
Enviroiunental Management Commission, pursuant to N.C.G.S. §143-215.6A and §143B-282.1,
on September 8, 2011, 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
Havon, Inc. and Pleasant Grove Rest Home in the total amount of $617:00 ($550.00 plus $67.00
investigation costs). Havon, Inc.'s and Pleasant Grove Rest Home's agent, Juanita James,
submitted a request for remission to the Director seeking reduction of the $61.7.00 penalty
assessment for violations of the discharge limitations of NPDES Permit No. NCO075388 during
December 2009. Upon consideration of the information submitted with the request showing that
ice formed during cold weather during December 2009 resulted in inaccurate effluent samples
being taken from the treatment system, the Director reduced the penalties by $250.00, fiom
$550.00 to $300.00. Havon, Inc's and Pleasant Grove Rest home's request for remission was
presented to the Committee on Civil Penalty Remissions for consideration. Havon, Inc. and
Pleasant Grove Rest Home did not request oral argument; therefore, their request for remission
was presented to the Committee on Civil Penalty Remissions based on their written submissions
and those of the Division of Water Quality.

2
Having considered the record and the factors set forth in N.C.G.S. § 14313-282.1(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 Havon, Inc. and
Pleasant Grove Rest Home, 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 determining the
amount of the civil penalties. Pursuant to N.C.G.S. § 143B-282.1(c), the Committee further
finds that there are grounds for remission or reduction of the penalties assessed by the Director
for four violations of N.C.G.S. § 143-215.(a)(6) and NPDES Permit No. NCO075388 during
December 2009 by discharging effluent that exceeded the Permit Daily Maximum limits for
BOD, Fecal Coliform, and TSS and the Permit Monthly Average limit for TSS. The Committee
found that the violations were inadvertent and resulted from ice that formed in the treatment
system during cold weather and concurred with the Director's proposed$250.00 reduction of the
penalties.
Upon duly made motion and vote, the Committee finds that the civil penalty assessment
should be'reduced by $250.00 and upheld in the amount of $367.00 (civil penalty. $300.0,0 plus -
$67.00 investigation costs)
THEREFORE, IT IS ORDERED:
1. That the assessment of civil penalties and investigation costs against Havon, Inc.
and Pleasant Grove Rest Home in the amount of $367.00 is AFFIRMED.
2. That this Final Decision and Order be served upon Havon, Inc. and. Pleasant
Grove Rest Home and upon receipt hereof, the amount of $367.00 be paid to the Department of
Environment and Natural Resources within thirty days.

fil—
This the day of October, 2011.
Stephe T. Smith, Chairman
Enviroiunental Management Commission

-4- _
CERTIFICATE OF SERVICE
a
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:
Wittner Wright, Reg. Agent
Havon, Inc.
P. O. Box 1180
Chandler, N. C. 28715
Janet Cantwell
DWQ Asheville R. O.
2090 US Highway 70
Swanrianoa, N. C. 28778
This the 11 day of October, 2011.
CERTIFIED MAIL
RETURN RECEIPT
ELECTRONIC MAIL
ROY COOPER
Attorney General
mow,
Irancis W. Crawley
Special Deputy Attorney General
N.C. Department of Justice
P.O. Box 629
Raleigh, N.C. 27602
919/716-6600

r7RE COPY
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Mr. Wittner Wright
Havon Inc.
P.O. Box 1180
Candler, North Carolina 28715
August 9, 2011
Subject: NOTICE OF VIOLATION
NOV-2011-LV-0339
Permit No. NC0075388
Pleasant Cove Home WWTP
Buncombe County
Dear Mr. Wright:
A review of Pleasant Cove Home WWTP's monitoring report for February 2011 showed the
following violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
Coliform, Fecal MF, M-FC
Broth,44.5C
02/10/2011
400 #/100ml
600 #/100ml
Daily Maximum
'Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. .Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the .subject
violation, it is not requested that a response be submitted.
The Division of Water Quality may pursue enforcement action for this'and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at
828/296-4600.
Sincerely,
A;v
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
egt- OtNQAsevl� ille7Files
DWQ Central Files
James & James Environmental/ ORC
S:1SWP1Buncombe\WaslewaterlMinors\Havon Inc. Canterbury Hills 753881NOV-2011-LV-0339.doc Weir hCarolina
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]

ANA'
F-K
NCDENR
North Carolina Department of Environment and Natural. Resources t_
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Mr. Wittner Wright
Havon Inc.
P.O. Box 1180
Candler, North Carolina 28715
March 21, 2011
Subject: NOTICE OF VIOLATION
NOV-2011-MV70066 .
Permit No. NCO075388
Pleasant Cove Home WWTP
Buncombe County
Dear Mr. Wright:
A review of Pleasant Cove Home WWTP's monitoring report for October 2010 showed the
following violation:
Parameter
Date
Measuring
Frequency
Violation
pH _.
Week ending 10/30/2010
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 within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. -If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
L \
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Cc"
: NOW, 00I e I. ees
DWQ Central Files
James & James Environmental/ ORC
S:ISWPIBuncombe\Wastewater\MinorslHavon Inc. Canterbury Hills 75386WOV-2011-MV-0066.doc
W a Carolina
Niura!!y
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone]. Customer Service
Internet: www.ncwateeguality.org FAX [phone]

F-WAA
E-IFI.-LE Copy.
NCDENR -
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
March 10, 2011
Mr. Wittner Wright
Havon Inc.
PO Box 1180
Candler, NC 28715
SUBJECT: Compliance Evaluation Inspection
Pleasant Cove Home WWTP
Permit No: NCO075388
Buncombe County
Dear Mr. Wright:
Enclosed please find a copy of -the Compliance Evaluation Inspection report from the
inspection conducted on March 2, 2011. The facility was found to be in compliance with permit
NC0075388.
Please refer to .the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4500 extension 4662.
Sincerely, -
Wanda P.. Frazier
Environmental Specialist
Enclosure
cc: James & James, ORC
CentralFiles,
As' ev°iitl`eF Al
S:\8WP\Buncombe\Wastewater\Minors\Havon Inc. Canterbury Hills 75388\CEI 3-2-11.doc
SURFACE WATER PROTECTION —ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NOnItYiCBiO�1Tla
Phone: [phone]\FAX: 828 2�043\Customer Service: 1-877-623-6748 �RtCarohn Internet: www.ncwaterauality.org

United States Environmental Protection Agency
Form Approved,
Washington, D.C. 20460
EPA
OMB No. 2040-0057
Water Compliance Inspection Re0ort
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 1 5 111 121 17 181 cl 19 201 1
_j 31 NCO075388. 11/03/02 IS
Remarks
211 1 1 1 1 1 1 1 1 '1 1 1.11 11 111,1 111 1 1 1 1 1 1 1 1 1 1 1 1 1- I I I I I I I I I I i 6E
Inspection Work Days Facility Self -Monitoring Evaluation Rating BI QA. -Reserved
671 1.0 169 70131 71 U 721N 3 L _j 7U 74 751 1 1 1 1 11 80
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit, Effective Date
POTW name and NPDES permit Number)
11:50 AM 11/03/02
10/12/01
Pleasant Cove Home WWTP
Exit Time/Date
Permit Bipiration Date
NCSR 1220 At NCSR 1221
Candler NC 28715
12:30 PM 11/03/02
15/10/31
Name(s) of Onsite Representative(s)/Titles(t)/Phone and Fax Number(s)
Other Facility Data
Name, Address of Responsible Officia-irTitle/Phone and Fax Number
Contacted
Wittner Wright,PO Box 1180 Candler NC 28716//828-670-8893/828670889 to
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Operations & Maintenance 0 Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date'
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
A
�,
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
r Page #

NPDES yr/mo/day Inspection Type
3I NC00.75388 I11 12I 11/03/02 117 18ICI
(cont.) 1
Section D: Summary.of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
FACILITY DESCRIPTION:
COLLECTION SYSTEM:
The collection system consists of the Pleasant Cove Home serving 99 residents and staff
(< 12 connections)
WASTEWATER TREATMENT PLANT (VW TP):
The WWTP consists of a 0.012 MGD (0.025 after A to C) extended aeration package plant with:
manual bar.screen;
aeration basin with dual blowers providing diffused air;
rectangular hoppered clarifier with skimmer and sludge returns;
aerobic digestor;
tablet chlorinator;
chlorine contact chamber"
tablet dechlorinator;
25 gpm effluent lift station; and
3430 linear feet of 2-inch force main to the outfall.
Annual Average Flow: 0.0025 MGD (3 year average: 2007-2010)
Sludge Management: Commercial hauler (Mike's Septic Service) to City of Brevard's and MSD's
WWTPs.
WWTP location: off Horse Barn Road, Candler
INSPECTION / LOG:
A review of the files indicates that the last compliance evaluation inspection was conducted on
12-30-2009 by Wanda Frazier.
The daily operator log was present on -site and had good notation of daily events, process control and
.field testing data.
TREATMENT UNITS / PROCESS CONTROL TESTING DATA:
The activated sludge aeration basin process control data was as follows:
Temperature = 12.9 degrees Celsius
pH = 6.49 units
Dissolved Oxygen = 1.05 mg/I
Settleable Solids = 500 ml/I = 50%
Page # 2

Permit: NCO075388 Owner - Facility: Pleasant Cove Home VWVrP
Inspection Date: 03/02/2011 Inspection Type: Compliance Evaluation
EFFLUENT:
The effluent data was as follows:
Dissolved Oxygen = 2.74 mg/I
pH = 6.72 units
Temperature = 12.9 degrees Celsius
.Chlorine = <15 ug/I
OPERATIONS AND MAINTENANCE / EFFLUENT / SUMMARY:
Ms. Juanita James, ORC contractor, assisted in the inspection and appears to be operating and
maintaining the facility very well.
The effluent was clear and appeared to be in compliance with permit limits.
SYSTEM PERFORMANCE ANNUAL REPORT (SPAR):
The 2009 System Performance Annual Report was received by the Division on March 5, 2010.
Page # 3

Tom,;
r
Permit:_ NCO075388 Owner - Facility: Pleasant Cove Home WWTP
Inspection Date: 03/02/2011 Inspection Type: Compliance Evaluation
Permit
Yes
No
NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application?
00
■ n
Is the facility as described in the permit?
■
Cl
0
# Are there any special conditions for the permit?
■
❑
❑ 0
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:
Operations & Maintenance
Yes
No
NA NE
Is the plant generally clean with acceptable housekeeping?
■
n
00
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge IN
n
n n
Judge, and other that are applicable?
Comment:
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?
■
n ri n
Is disposal of screening in compliance?
■
n ❑ n
Is the unit in good condition?
■
n 0 n
Comment:
Aeration Basins
Yes
No NA NE
Mode of operation
Ext. Air
Type of aeration system
Diffused
Is the basin free of dead spots?
■
n 0 I]
Are surface aerators and mixers operational?
❑
n ■ 0
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
Page # 4

Permit: NCO075388 Owner - Facility: Pleasant Cove Home VWVTP
Inspection Date: 03/02/2011 Inspection Type: Compliance Evaluation
Aeration Basins
Yes
No NA NE
Comment:
Secondary Clarifier
Yes
No NA NE
Is the clarifier free of black and odorous wastewater?
■
❑ [I. ❑
Is the site free of excessive buildup of solids in center well of circular clarifier?
❑
❑ ■ Cl
Are weirs level?
■
❑ 0 ❑
Is the site free of weir blockage?
■
❑ Cl ❑
is the site free of evidence of short-circuiting?
■
❑ ❑ ❑
Is scum removal adequate?
■
❑ ❑ ❑
Is the site free of excessive floating sludge?
■
❑ n n
Is the drive unit operational?
❑
❑ ■ ❑
Is the return rate acceptable (low turbulence)?
■
❑ ❑ ❑
Is the overflow clear of excessive solids/pin floc?
■
n n n
Is the sludge blanket level acceptable? (Approximately '/< of the sidewall depth)
■
❑ n ❑
Comment:
Disinfection -Tablet
Yes
No NA NE
Are tablet chlorinators operational?
■
❑ n ❑
Are the tablets the proper size and type?
■
n [I ❑
Number of tubes in use?
2
Is the level of chlorine residual acceptable?
■
❑ ❑ ❑
Is the contact chamber free of growth, or sludge buildup?
■
❑ ❑ ❑
Is there chlorine residual prior to de -chlorination?
■
n n n
Comment:
De -chlorination
Yes
No NA NE
Type of system ?
Is the feed ratio proportional to chlorine amount (1 to 1)?
❑
❑ ■ ❑
Is storage appropriate for cylinders?
❑
❑ ■ ❑
# Is de -chlorination substance stored away from chlorine containers?
❑
❑ ■ ❑
Comment:
Are the tablets the proper size and type? ■ ❑ ❑ ❑
Are tablet de -chlorinators operational? ■ ❑ n n
Page # 5

Permit: NC0075388 Owner - Facility: Pleasant Cove Home VW -FP
Inspection Date: 03/02/2011 Inspection Type: Compliance Evaluation
De -chlorination
Yes
No NA
NE
Number of tubes in use?
1
Comment:
Pump Station _ Effluent
Yes
No NA
NE
Is the pump wet well free of bypass lines or structures?
■
❑ Cl
I1
Are all pumps present?
■
Q ❑
n
Are all pumps operable?
■
❑
Are float controls operable?
❑ ❑
❑
Is SCADA telemetry available and operational?
fl
❑ 0
■
Is audible and visual alarm available and operational?
■
❑ fl
Comment:
Effluent Pipe
Yes
No NA
NE
Is right of way to the outfall properly maintained?
■
Q O
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?
❑
❑ In
❑
Comment:
Page # 6

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ID
� r Y_. ln�'iq•,��.�)kus;;.; g.�c.';�i5.�,r
JAMES & JAMES ENVIRONMENIA,`1VIANAGN
PO BOX 1354, MOUNTAIN HOME, NC ?B7
[phone] OFFICE
F
[phone] FAX
MAR ` 7 2011
PERFORMANCE ANNUAL REPORT 010
WATER QUALITY SECTION
I � ZONAL OFFICE
Pleasant Cove Rest Home dba Canterbury Hills �-
Permit Number: NCO075388
System Description
An extended aeration basin with gravity flow influent into a 12,000 gallon treatment facility,
clarifier, sludge holding tank, tablet feed chlorinator, chlorine contact chamber, tablet feed de -chlorinator,
and effluent pump tank.
Performance
This facility is operating much better than the previous years. With the proper amount of wasting
this facility can maintain compliance. There was one electrical issue in December where a breaker had to
be replaced. Also, the plumbing to the digester diffuser was replaced.
Violations and corrective actions taken
1. April, 2010
a. Fecal Colifonm
i. 4/29 @ 560 colonies/100 mis
1. Increased the chlorine concentration to accommodate the
hydraulic surges at the plant.
2. December, 2010
a., BOD
i. 12/28 @ 56.6 mg/1
b. Fecal Coliform
i. 12/21 @>600 colonies/100 mis
1. Replaced a breaker that was not allowing the plant to run over
the Christmas Holidays. Repaired on the 27'', allowed to run
on HAND until the sample on the 28 h.
This report has been sent to the Owner with directions to give notification of the availability of this report
to each of their users. A certified statement will be sent to the State when this notice has been issued.
1
I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I
further certify that this report has been made available to the users or customers of the named system and
that those users have been notified of its availability. I also certify that this report has been given to the
owner of this facility with explicit directions to make the user aware of the availability of this report and the
location with which a copy can be viewed or received. James & James Environmental Mgt., Inc cannot
certify that the latter has been completed and will enclose a letter of certification to be mailed to the State
of North Carolina on behalf of this entity along with all pertinent information regarding this system for the
conclusion of this requirement.
jitaoi
yoMAO �rif
�
ames
James & James Environmental Management, Inc. Mai _ 1 2011

PERFORMANCE ANNUAL REPORT — 2010
Pleasant Cove Rest Home dba Canterbury Hills
Mr. Wittner Wright
Permit Number: NCO075388
A copy of the Performance Annual Report has already been filed with the
State of North Carolina Division of Water Quality in triplicate by James &
James Environmental Management, Inc. and should be in your possession at
this time. On that report, the certification was stated that I, the responsible
party of this facility, has received a copy of this report and was directed to
give the users knowledge of this report -and access to it.
Therefore:
I certify under penalty of law that this report prepared by James & James
Environmental Management, Inc. is complete and accurate to the best of my
knowledge. I further certify that this report has been made available to the
users or customers of this documented system and that those users have been
notified of its availability.
Thank ou,
Mr. Wittner Wri
Pleasant Cove Rest Home dba Canterbury Hills

F FILE COPY
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 18, 2010
— Nfr.�7Vittner-V11r•ight---------
Havon Inc.
P.O. Box 1180
Candler, North Carolina 28715
Subject: NOTICE OF VIOLATION
NOV-2010-LM-0023
Permit No. NCO075388
Pleasant Cove Home WWTP
Buncombe County
Dear Mr. Wright:
A review of Pleasant Cove Home WWTP's monitoring report for April 2010 showed the following
violations:
Parameter
Date
Limit Value.
Reported Value
Limit Type
Coliform, Fecal MF, M-
FC Broth,44.5C
04/29/10
400 #/100ml
560 #/100ml
Daily Maximum
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the above
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 following parameters for the permit were not monitored:
Parameter
Date
Measuring
Violation
Frequency
Flow, in conduit or thru
Week ending:
Weekly
Failure to Monitor
treatment plant
04/03/2010
Temperature
Week ending:
Weekly
Failure to Monitor
04/03/2010
pH
Week ending:
Weekly
Failure to Monitor
04/03/2010
o��Caro ina
AIAMal1ly
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.nc%aterouality.org FAX [phone]

Mr. Wittner Wright
August 18, 2010
Page 2
If the above parameters were 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 828/296-4600.
Sincerely,
�6v, C. 4✓
-Z"
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ'aAsheville__ile_s;;'
DWQ Central Files
James & James Environmental/ ORC
S:1SWP1Buncombe\WastewaterlMinorstHavon-Pleasant Cv-Canterbury 753881NOV-2010-LM-0023.doe

FILE COPY
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 24, 2010
Mr. Wittner Wright -
Havon Inc.
P.O. Box 1180
Candler, North Carolina 28715
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0234
Permit No. NCO075388
Pleasant Cove Home WWTP
Buncombe County
Dear Mr. Wright:
A review of Pleasant Cove Home WWTP's monitoring report for March 2010 showed the following violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
Flow, in conduit or thru
03/31/10
0.012 mgd
0.017 mgd
Monthly
treatment plant
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 for the non-compliance.
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.
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,
(f . z � 7A-".
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cD W Q=Aslievi lle Ei1"es`
DWQ Central Files
James & James Environmental/ ORC
tia5�h i' L3uncombc`:waste�tater iinors'•Hinon-Pleasant CN--Canterbw) ?�;388'tiOV-2010-LV-0234.doc
N�o a Carolina
�tura!!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]

t ,
NC®GNR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 18, 2010.
CERTIFIED MAIL 7007-0710-0000-5376-6658
RETURN RECEIPT REQUESTED
Mr. Wittner Wright
Havon, Inc.
PO Box 1180
Candler, NC 28715
Subject: Remission Request of Civil Penalty Assessment
Case Number LV-2010-0120
Pleasant Cove Rest Home WWTP
NPDES Permit NCO075388
Dear Mr. Wright:
Dee Freeman
Secretary
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 grounds to remit $250.00 of the $617.00
civil penalty assessment. The revised civil penalty is therefore a total amount of $367.00 in investigative costs.
Two options are available to you at this stage of the remission process:
You may pay the penalty.
If you decide to pay the penalty please make your check payable to the Department of Environment and
Natural Resources (DENR). Send the payment within thirty (30) calendar days of your receipt of this letter to
the attention of:
Dina Sprinkle
NC DENR-DWQ — Point Source Branch
NPDES Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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.ncwaterqualiV.org
An Equal Opportunity 1 Affirmative Action Employer
Y Ir V
J � NOV
i OV 2 9 2010 I
WA T ER QUALITY S FT
A•�l:' WILL E F-?FuIONAL OFFICE
One
NorthCarolina
Aahmallff

You may decide to have the Environmental Management Commission's (EMC) Committee on Civil
Penalty Remissions make the final decision on your remission request.
If payment is not received within 30 calendar days from your receipt of this letter, your request for remission
with supporting documents and the recommendation of the Director of the North Carolina Division of Water
Quality will be delivered to the Committee on Civil Penalty Remissions for final agency -decision.
If you or your representative would like to speak before the Committee, you must complete and return the
attached Request for Oral Presentation Form within thirty (30) calendar days of receipt of this letter. Send_ the
completed form to:
Dina Sprinkle
NC DENR-DWQ — Point Source Branch
NODES Unit
1617 Mail Service Center -
Raleigh, North Carolina 27699-1617
The EMC Chairman will review the supporting documents and your request for an oral presentation (if you
make the request). If the Chairman determines that there is a compelling reason to require a presentation, you
will be notified of when and where you should appear. If a presentation is not required, the final decision will
be based upon the written record.
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission
decision based on the original assessment amount. Therefore, the EMC may choose to uphold the
original penalty amount and offer no remissions, they may agree with the DWQ Director's remission
recommendation detailed above, or the penalty amount may be further remitted.
Thank you for your cooperation in this matter. If you have any_questions about this letter, please contact Bob
Guerra at [phone] or at bob. guerra(c-).ncdenr.gov.
Sincerely,
f Coleen H. Sullins
D
Attachment:' Request for Oral hearing
cc: Asheville`-RegionabOffice — Roger Edwards
Enforcement file
Central Files
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 NorthCarohna
Internet: www.ncwaierquality.org
An Equal Opportunity I Affirmative Action Employ eraturllpr

TE OF NORTH CAROLINA
ENVIRONMENTAL MANA^.-�`1, ENT
COMMISSION ,
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
THE PLEASANT COVE REST HOME WWTP
DWQ Case Number LV-2010-0120
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty
Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or
denied.
• Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh,
North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original remission request, and because
no factual issues are in dispute, my presentation will be limited to five (5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on
Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's
opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your
representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of
this letter.
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may
proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and-2007 Formal
Ethics Opinion 3.
• If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee,
then you do not need legal representation before the Committee; however, if you intend on having another individual speak
on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the
meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law.
• If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the
Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law
without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form
and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations,
partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
law.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee
is informed that a potential violation of the statute concerning the authorized practice of law has occurred.
This the day of , 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

DWQ - CIVIL AS�'_liSMENT REMISSION FACTORS CO.It:,I.,_IDERATION .
Case Number: LV-2010-0120 Region: Asheville County: Buncombe
Assessed Entity: Havon Inc.. / Pleasant Cove Rest Home WWTP Permit: NCO075388
(December 2009 DMR)
❑ (a) Whether one or, more of the civil penalty assessment factors were wrongly applied to the detriment
of the petitioner: _
Notes•
❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation: _
Notes:
® (c) Whether the violation was inadvertent or a result of an accident:
Facility response: ORC James & James wrote: "Thetreatment from the clarifier forward to include the
chlorine contact chamber and dechlor pump tank had frozen from severe cold, and extended days of
severe cold temperatures, to a depth of about 3". To collect these samples, ice had to be broken. This
caused any fines trapped in the ice to be concentrated for the sample. The tablet feeder for chlorine had
ice accumulation in the bottom not allowing contact of the pucks. We conducted preventative measures
to include adding chlorine to the effluent weir -this also froze. We request remission of this penalty due
to conditions of an "act of God" and not controlled by human hand."
The back of the DMR was marked "Non -Compliant" with the comment: "Motor apparently went down
during -the snow storm; found on they Tuesday and was replaced the same day; placed on Hand;..sampled
as needed for holiday schedule."
ARO response: The operator did not mention ice in her comment on the back of the DMR and
should not collect icy samples. Aeration would prevent the formation of ici
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
Notes:
9
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary'remedial
actions:
Notes:
(00P ly,
DECISION (Check One) Rev. 7/2007
Request Denied ❑
Full Remission El Enforcement Enforcement Cost? Yes ElNo ❑
Partial Remission $ 2®• (Enter Amount) .
Coleen H. Sullins Date

JUS��aICATION FOR RE IIVf-SSI— y+S 1 2 �(� ra
MAY -52010
DWQ Case Number: L 2,Q �OaO' Q `1 MAY 12 2(�filbun uu ombe
�r�w_
Assessed Party: Havon Inc./ Pleasant Cove Rest Hd e � -MeA ER QJAWN
NC0075388 < i e !Nr a B cN
Permit No.:
WATER O .�Q1�� 'Sr9eSS
ASHEVILLE REGIONAL OFFICE
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.
.P_ursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty maybe granted only when one or
Tore 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 assess_ ment 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 (1. e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION: 6'd�'�
ism ) L k �`ladd
U Cabt9�c .� `�� �l Q�eL� �� t
CL
a +J,,
UN— k UA C�C�OLO-

STATE OF NORTH CAROLIl :�«' DEPARTML,,�� OF ENVIRONMENT
\)NczVVt6L AND NATURAL RESOURCES
COUNTY OF
, ftt=29W
IN THE MATTER OF ASSESSMENT' ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
012-
PERMIT NO.. NC00 ) FILE NO. LV-2010-i
Having been assessed_ civil penalties totaling $SWM for violation(s) as set forth in the
assessment document of the Division of Water Quality -dated April 28, 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.
,D
This the 1 day of lU 201
SIGNATUkE
ADDRESS
James & James
Environmental Management. inc. P. O. Box 519
Mountain Home, NC 28758 -
TELEPHONE
g v tnl-�- �\ ri l

NCDENRE FILE COPY
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 28, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Wittner Wright
Havon Inc.
P.O. Box 1180
Candler, North Carolina 28715
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 NCO075388
Havon Inc.
Pleasant Cove Rest Home WWTP
Case No �L�►9�0_, gl
Buncombe County
Dear Mr. Wright:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $617.00
($550.00 civil penalty + $67.00 enforcement costs) against Havon Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Havon Inc. for the month of December 2009. This review
has shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NC0075388. The violations which occurred in December
2009 are summarized in Attachment A to this letter.
Based upon the above facts,. I conclude as a matter of law that Havon Inc. violated the terms,
conditions or requirements of NPDES Permit NCO075388 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 Havon Inc.:
NorthCarolina
�atura!!t�
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 40p--f-

1 �7=she 1 violations of G. S. 143-215.1(a)(64)-and NPDES Permit No.
$100.00 NC0075388, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0075388, 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 NC0075388, by discharging waste water into the waters of the State
in.violation of the Permit Daily Maximum limit for TSS - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0075388, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Conc.
$550.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$617.00 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

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 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
1V
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 duriz=oAiormal office hours. The Office of A��___�Jnistrative 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 fled 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
Mary Penny Thompson, 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,
e
Roge C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc DWQ Asheville FilesLw/-:attachments
r_I,. -
vjr 'I DWQ Central Files w/ attachments
Bob Guerra/ DWQ Enforcement Files w/ attachments
James & James Environmental/ ORC w/ attachments
S:':5�� P'd3uncomht+lL'rite++ater'•,llinoas;.l favor -pleasant C v-Canlerbury 75338'.1-N-2010-01 _0.doc

JUG,TICATION FOR REMISSION RE, ._:rEST
DWQ Case Number: LV-2010-0120 County: Buncombe .
Assessed Party: Havon Inc./ Pleasant Cove Rest Home
Permit No.: NC0075388 Amount Assessed: $617.00
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. 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 CAROL .,!<. DEPARTN., . T OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF'BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST. ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
HAVON INC. / PLEASANT COVE )
REST HOME )
PERMIT NO. NCO075388 ) FILE NO. LV-2010-0120
Having been assessed civil penalties totaling $617.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated April 28, 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 , 20
SIGNATURE
ADDRESS

&/
L EFFLUENT ��"1��0
NPDES PERMIT NO. 'NC0075368 DISCHARGE NO. 001' . MONTH,NOVimBER- YEAR 2009
CANTERB R H LI PY_ , _ :ANT VE R T O B MB
OPERATOR IN RESPONSIBLE C ) 111 63 828-697-00
CERTIFIED I JET .,1
CHECK BOIL IF ORC HAS UWGED � :`�v_PERSON(S) COLLECTING SAMPLES Jorc SIMMONS
Mail ORIGINAL andp'ONE COPY-td: h1\t\\ < ' ':`, ti 1-25-10
r ` 1',
ATTN: CENTRi1L- II.ES •
DENR-Dy!!Q'1,I '�� �., :` BI' T S SIGNATURE, I CERTIFY THAT THIS REPORT IS
1617M6AERVICEK,,CEACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
z RALEIGH, N-21b99�
f'
4 r,'.
WEh 'tl �41 11r
a zF,�, '� a vi S m�' U
O II O
HRS HRS ' Y/N MGD UNITS I UG/L MG/L I MG/L MG/L #/100ML
2 1004 0.25 Y
67.` _Y
4 1042 0.33 Y 0.004 16.4 6.9 <15 10.6* 0.5 -5.1 <2.0
6 . 0.00
•7' 1140. 0.42 y_ '
8 1405 1-0.25 Y 0.005 15.3 6.7 20.0 7.6 0.3 9.2 ' 12.0
10 1205 0.17 Y <15
_.. :.
71
11 1040` ..0:08: Y:
12 0.00
000'
14 1720 0.25 Y <15
.15;: 1155: 0.33 ' B.:
16 1150 0.25 B 14.2 7.2
17;, - 1108, • "-`0:50 :.. , Y 0 003 " 13:7 7.2 <15 ` " : >22.3**
18 SNOW 0.00
-
20 0.00
21.: 0 QOw.
22 1245 0.75 Y -<15
23.. 1100 033 Y 0:004 12 3' :. 8 7,:. .<15 808 17:3 233:0; 1200
24 OLIDA -0.00
1 PAJ, 000
.26 0.00
0,00.
28 1035 0.17 Y <15
29'L 094Q
30 1020 0.25 Y <15
;0.25. B 0;0025 12.7` 8.:0';;., 27A* 18.8 0.0 <4..0.-
AVERAGE 0.004 13.7 0.0 29.7 8.0 57.0 18.1
0.003 11.1 <1 7. .3 5.1 < .0
Comp'(C) /Grab (G)
Monthly Lim_ - 0 45 NL Q30b45 2 0/400
DEM Form MR-1 (01/00)
-vim- 00i0 CIS. 0

Facility Status (Please; ;k one of the following)
r'
s
All monitoring data and sampling frequencies meet permit requirements
Compliant
All monitoring data and sampling frequencies do NOT meet requirements
Noncompliant
If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc.
and a time table for improvements to be made.
NL = NO LIMIT *=BOD -DATA VALID; GGA OUT **=BOD- DATA VALID; GGA OUT & SAMPLE DID NOT LEAVE 1PPM DO
***= BOD DATA VALID; SAMPLE DID NOT LEAVE 1 PPM DO
MOTOR APPARENTLY WENT DOWN DURING THE SNOW STORM; FOUND ON THE TUESDAY AND WAS REPLACED
THE SAME DAY; PLACED ON HAND; SAMPLED AS NEEDED FOR HOLIDAY SCHEDULE.
"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."
CANTERYBURY HILLS
ermitttee (Ple a print or type)
5-10
Signature of Peiyiittee— Date
3 DIX CREEK#1, LEICESTER
CANTERBURY HILLS P.O. BOX 1180,CANDL 828-697-0063 10-31-2010
Permittee Address . Phone Number Permit Exp. Date
PARAMETER CODES
00010 Temperature 00951 Total Flouride 01067 Nickel 50060 Total
00076 Turbidity 01002 Total Arsenic 01077 Silver Residue
00080 Color (Pt -Co) 01092 Zinc Chlorine � c
00082 Color (ADMI) 01027 Cadmium 01105 Aluminum"'°
00095 Conductivity 01032 Hexavalent Chromium 01147 Total Selenii 11.7 FFR 0 4 ?Oft
00300 Dissolved Oxygen 01034. Chromium 31616 Fecal Colifor 71900 Mercur�nfarmaticr' PI'Ocessi„cr Unit
00310 BOD5 32730 Total. Phenol 81551 Xylene D!NQIF%Ct
00340 COD 01037 Total Cobalt 34235 Benzene
00400 pH 01042 Copper 34481 Toluene
00530 Total Suspended 38260 MBAS
Residue 01045 Iron 39516 PCBs
00545 Settleable Matter 01051 Lead 50050 Flow
Parameter Code assistance may obtained b calling the Water Quality Compliance Group at [phone], extension 581 or 534.
r
The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting
facility's permit for reporting data.
*ORC must visit facility and document visitation of facility as required per 15 A NCAC 8A .0202 (b) (5) (B).
**If signed by other than the perrmittee, delegation of signatory authority must be on file with the state per 15A NCAC 213.0506 (b)
(2) (D)•

Permit Enforcement History by Owner
04/27/10
1
r
Owner:-Havon Inc
Facility: Pleasant Cove Home WVVTP
Permit: NCO075388
Region: Asheville
Penalty
Assessment Penalty
Case Number MR Approved Amount
County: Buncombe
Enforcement
Costs Damages
Remission
Request
Received
Enf
Enf Conf Remission.
Held Amount
EMC
Hearing
Held
EMC OAH Collection
Remission Remission Memo Sent
Amount Amount to AGO
Total Paid
Has
Pmt
Balance Due Plan
�f
Case
Closed
LV-2000-0165
05/22/00
$1,250
$73.11
06/23/00
01/23/01 $1,000.00
$323.11
$.00
No
04/18/01
LR-2006-0025 5-2006
07/21/06
$500
$100.00
$600.00
$.00
No
08/21/06
LR-2007-0002 8-2006
01/22/07
$1,000
$100.00 $.00
11/15/07
$1,100.00
$.00
No
01/21/10
LR-2007-0004 12-2006
02/20/07
$2,000
$100.00
$2,100.00
$.00
No
04/13/07
LR-2007-0011 1-2007
05/11/07
$4,000
$100.00
09/13/07
$447.00
$3,653.00
No
11/03/09
MV-2007-0002 1-2007
05/11/07
$750
$390.45
07/12/07
$1,140.45
$.00
No
01/11/10
LV-2007-0471 9-2007
12/07/07
$300
$65.07
12/27/07
$.00
09/11/08
$.00 10/08/09
$365.07
$.00
No
01/21-110
LV-2008-0027 10-2007
01/22/08
$100
$65.07
02/12/08
06/09/08 $;00
07/09/09
$.00 ' 10/08/09
$165.07
$.00
No
01/21/10�-�
LV-2008-0089 12-2007
03/07/08
$687.5
$65.00
04/03/08
$.00
$.00 06/18/08
$447.00
$305.50
No
LV-2008-0256 4-2008
07/29/08
$100
$65.00
08/08/08
$.00
$165.00
$.00
No
01/21/10
LV-2009-0131 2-2009
04/23/09
$200
$70.00
$270.00
$.00
No
06/02/09
LV-2010-0120 12-2009
04/27/10
$550
$67.00
$617.00
No
Total Cases: 12
Total Penalties:
$1,260.70
$12,698.20
$7,122.70
Total Penalties after remission(s):
$4,575.50
$11,698.20

ATTACHMENT A
"
Havon Inc
aft
CASE NUMBER: LV-2010-0120
PERMIT: NCO075388
FACILITY: Pleasant Cove Home WWTP
COUNTY: Buncombe
REGION: Asheville
Limit Violations
MONITORING
OUTFALL/
VIOLATION
UNIT OF
CALCULATED
% OVER
PENALTY 'REPORT
PPI
LOCATION
PARAMETER
DATE FREQUENCY
MEASURE
LIMIT
VALUE
LIMIT
VIOLATION TYPE
$100.00 12-2009
001
Effluent
BOD - Conc
12/23/09 Weekly
mg/l
45
80.8
79.56
Daily Maximum Exceeded
$100.00 12-2009
001
Effluent
FEC COLI
12/23/09 Weekly
#/100ml
400
1,200
200.00
Daily Maximum Exceeded
$100.00 12-2009
001
Effluent
TSS Conc
Weekly
45
233
417.78
Daily Maximum Exceeded
-
12/23/09
mg/I
$250.00 12-2009
001
Effluent
TSS - Conc
12/31/09 Weekly
mg/I
30
57.02
90.07
Monthly Average Exceeded

JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 1354, MOUNTAIN HOME, NC 28758
[phone] OFFICE
[phone] FAX .
PERFORMANCE ANNUAL REPORT - 2009
Pleasant Cove Rest Home dba Canterbury Hills Mr. Wittner Wright
. Permit Number:.NCO075388
System Description
An extended aeration basin with gravity flow influent into a 12,000 gallon treatment facility,
clarifier, sludge holding tank, tablet feed chlorinator, chlorine contact chamber, tablet feed de -chlorinator,
and effluent pump tank.
Performance
This system requires very precise operations. Over the course of the year, we replaced belts, one
motor, repaired an air leak and unstopped diffusers. We have been able to reign in the grease that does enter
the facility most of the time.
Violations and corrective actions taken
February 11 — Fecal Coliform @ >600 colonies/100 mis
February 18 —Fecal Coliform @ >600 colonies/100 mis —increased the chlorine dosage to
accommodate the hydraulic load as the facility cycles.
March 27 — BOD @ 47.5 mg/l — grease in the system was overwhelming the dissolved oxygen;
wasted from the aeration and increased the time the facility operates.
September — FecalColiform @ >600 colonies/100 mis — facility turbid; increased the chlorine
dosage
December 23 —Fecal Coliform @ >1200 colonies/100 mis
BOD @ >80.8 mg/1
TSS @ 233 mg/1— facility froze during the extremely cold conditions; had to
break ice to retrieve samples; -facility could not operate efficiently under these conditions.
This report has been sent to the Owner with directions to give notification of the availability of this report
to each of their users. A certified statement will be sent to the State when this notice has been issued.
I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I
further certify that this report has been made available to the users or customers of the named system and
that those users have been notified of its availability. I also certify that this report has been given to the
owner of this facility with explicit directions to make the user aware of the availability of this report and the
location with which a copy can be viewed or received. James & James Environmental Mgt., Inc cannot
certify that the latter has been completed and will enclose a letter of certification to be mailed to the State
of North Carolina on behalf of this entity along with all pertinent information re dig -pa yfs. e o e
conclusion of this requirement. 1 F j !
ankyou,n�'/_� !� {XtiSs* tSShR.47r{{y t kf i, i rAiv 'ft r kfCa z o MAR 052010
@^pp����jj q y� �y n� pp
�j DE MR -fir V4l"� [ Ef'i QUA
Juanita James E C E g. POINT SOURCE SPA
James &James Environmental Mana e , Inc.
-,}
2/28/10 � IISI MAR 1 6 2010
WATER QUALITY SECTION
�� ASHEVILLE REGIONAL OFFICE

t
A• • :,� sp.�:...„iiur;.of^k''Kia.a+,i.,�.hwti+iivt�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 14, 2010
Mr. Wittner Wright
Havon Inc.
PO Box 1180
Candler, NC 28715
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0023
Permit No. NCO075388
Canterbury Hills
Pleasant Cove Home WWTP
Buncombe County
Dear Mr. Wright:
A review of Pleasant Cove Home WWTP's monitoring report for September 2009 showed the
following violations:
Parameter
Date
Limit Value
Reported Value
Limit Type
Fecal Coliform
09/24/09
400 #/100ml
600 #/100ml
Daily Maximum Exceeded
. Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be' submitted: however, should you have additional
information concerning the violations or comments which you wish to present, please submit them to the
attention of Wanda Frazier.
The Division of Water Quality may pursue enforcement actions for this and, any additional
violations. If you -should have any questions, please do not hesitate to contact Wanda Frazier 828-
296-4662.
Enclosure
cc: WQ Central Files
=!Nslte:V de�Flies
75388'NOV-2010-LV-0023.Pleasant Cove.01-14-10.doc
Sincerely,
AK Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
NoorthCarolina
AmArq!!il
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone [phone] Customer Service
Internet: www.nauaterguality.org FAX [phone]
4

A.tcv
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr.-Wittner Wright
Havon Inc.
PO Box 1180
Candler, NC 28715
Dear Mr. Wright:
Enclosed please
inspection conducted on
permit NC0085952.
Division of Water Quality
Coleen H. Sullins -
Director
SURFACE WATER PROTECTION SECTION
January 7, 2010
Dee Freeman
Secretary
SUBJECT: Compliance Evaluation Inspection
Canterbury Hills
Pleasant Cove Home WWTP
Permit No: NC0075388'
Buncombe County
find a copy of the Compliance Evaluation Inspection form from the
December 30, 2009. The facility was found to be in compliance with
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Central Files NorthCarolina
waAgM�W-P Naturally
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

r
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 IN[ 2 15I 31 NCO075388 111 121 09/12/30 117
181 CI 19I SI 20III
Remarks
211IIIIIIIIII111111111111111111IIIIIIIIIIIIIIIIII6
Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA
---------- --Reserved---------
67 I l. 0 169 70131 711 I 721 NJ
73 L J 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)
Pleasant Cove Home WWTP
12:20 PM 09/12/30
05/12/01
Exit Time/Date
Permit Expiration Date
NCSR 1220 At NCSR 1221
Candler NC 28715
12.45 PM 09/12/30
10/10/31
Name(s) of Onsite Representative(s)lritles(s)/Phone and Fax Number(s)
Other Facility Data
Terry Kay Barr/ORC/828-697-0063/
Name, Address of Responsible Official/Title/Phone and Fax Number
Wittner Wright,PO Box 1180 Candler NC 28715//828-670-8893/828670889'N cted
0
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Operations & Maintenance 0 Records/Reports
Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary) '
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
Signature of Management Q A Reviewer Agency/Office/P a and Fax Numbers Date
c -- /01
,
EPA FoA 3560-3 (Rev 9-94) Previous editions are obsolete.
t /
Page # 1

NPDES yr/mo/day Inspection Type (cont.) 1
3I NCO075388 I11 12I 09/12/30 117 18ICI
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
OPERATIONS AND MAINTENANCE / EFFLUENT / SUMMARY:
Ms. Juanita James, assisted in the inspection.
This facility appears to be well operated and maintained.
The effluent appeared to be clear, indicating compliance with permit limits.
PERMIT / INSPECTION / LOG:
A review of the files indicates that the last compliance evaluation inspection was conducted on
12-19-2008 by Wanda Frazier.
A copy of the current permit was on -site.
The permit expires on 10-31-2010. Please request a permit renewal 6 months prior to expiration.
A renewal notice will be mailed as a reminder.
The log book was present on -site and had good notation of daily events.
PERFORMANCE ANNUAL REPORT:
The 2008 Annual Performance Report had been filed for the year.
The 2009 Annual Report is due no later than 60 days of the end of the reporting period.
(Note: The owner or operator of any wastewater treatment works or wastewater collection systems that
treats or collects primarily domestic or municipal waste must provide an Annual Report to its users or
customers and to the Department of Environment and Natural Resources that summarizes the treatment
works' and collection system's performance over a 12 month period.)
Page 9 2

Permit: NCO075388 Owner - Facility: Pleasant Cove Home VW TP
Inspection Date: 12/30/2009 Inspection Type: Compliance Evaluation -
Permit
Yes .
No NA
NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application?
❑
❑ ■
❑
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?
■
❑ ❑
❑
Is the inspector granted access to all areas for inspection?
■
n n
n
Comment:
Bar Screens
Yes
No NA
NE
Type of bar screen
a.Manual
■
b. Mechanical
❑
Are the bars adequately screening debris?
■
❑
❑
❑
Is the screen free of excessive debris?
■
❑
❑
❑
Is disposal of screening in compliance?
■
❑
❑
❑
Is the unit in good condition?
■
n
n
n
Comment:
Aeration Basins
Yes
No
NA
NE
Mode of operation
Ext. Air
Type of aeration system
Diffused
Is the basin free of dead spots?
■
n
❑
n
Are surface aerators and mixers operational?
❑
❑
■
❑
Are the diffusers operational?
■
❑
❑
❑
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?
■
fl
❑
n
Is the DO level acceptable?
■
❑
❑
❑
Is the DO level acceptable?(1.0 to 3.0 mg/1)
■
❑
❑
❑
Comment:
Secondary Clarifier
Yes
No
NA
NE
Is the clarifier free of black and odorous wastewater?
■
❑
❑
n
Is the site free of excessive buildup of solids in center well of circular clarifier?
❑
❑
■ -
❑
Are weirs level?
■
n
n
n
Page # 3

Permit: NCO075388 Owner - Facility: Pleasant Cove Home VW TP
Inspection Date: 12/30/2009 Inspection Type: Compliance Evaluation
Secondary Clarifier
Yes
No
NA
Nt
Is the site free of weir blockage?
■
Cl
❑
❑
Is the site free of evidence of short-circuiting?
■
n
n
n
Is scum removal adequate?
■
n
n
n
Is the site free of excessive floating sludge?
■
n
n
n
Is the drive unit operational?
nn■n
Is the return rate acceptable (low turbulence)?
■
n
n
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?
3
Is the level of chlorine residual acceptable?
■
n
n
n
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:
Yac Nn NA NF
Type of system ? Tablet
Is the feed ratio proportional to chlorine amount (1 to 1)? n n ■ ❑
Is storage appropriate for cylinders? n n ■
# Is de -chlorination substance stored away from chlorine containers? ■ n n n
Comment:
Are the tablets the proper size and type? ■ n n n
Are tablet de -chlorinators operational? ■ ❑ ❑ ❑
Number of tubes in use? 1
Comment:
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n n n
Page # 4

p
Permit: NCO075388 Owner - Facility: Pleasant Cove Home WWTP
Inspection Date: 12/30/2009 Inspection Type: Compliance Evaluation
Operations & Maintenance Yes No NA NE
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑
Judge, and other that are applicable?
Comment:
Page # 5

ROY COOPER
Attorney General
Mr. Wittner Wright
Havon, Inc.
P. O. Box 1180
Candler, N. C. 28715
. w
State of North Carolina
Department of Justice
PO Box 629 Francis W. Crawley
Raleigh, North Carolina Phone: [phone]
27602 Fax: [phone]
[e-mail]
July 29, 2009
CERTIFIED MAIL
RETURN RECEIPT
RE: Assessments of Civil Penalties Against Havon, Inc., LV 2008- 0027 & 0089
Dear Mr. Wright:
You will find enclosed the Final Agency Decisions of the Environmental Management Commission
assessing civil penalties and investigative costs as set forth in the two decision documents. According to
North Carolina General Statutes § 143-215.5 and § 150B-45, Havon, Inc. may seek judicial review
of the Commission's decisions in the Superior Court of Buncombe County or Wake Countyby filing
a petition within 30 days of receipt of a written copy of the final agency decision. Otherwise,
payment of the civil penalty assessments and costs must be submitted to the Department of
Environment and Natural Resources within 30 days ofreceipt ofthese final agency decisions by mailing
a check made payable to the Department of Environment and Natural Resources in an envelope addressed
as follows:
Mr. Kevin Bowden [Phone [phone])
Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If Havon, Inc. fails to pay the penalies within 30 days of receipt of the final decision
documents, the Department will seek to collect the amounts due through a civil action commenced
in Superior Court.
Very truly yours,
w
rancis W. Crawley a-"
Special Deputy Attorney General
Commission Counsel
Enclosure

STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
1N THE MATTER OF: )
Assessment of Civil Penalties )
Against }
Havon, Inc. }
(Pleasant Cove Home WWTP) )
BEFORE THE
REMISSION COMMITTEE OF THE
ENVIRONMENTAL MANAGEMENT
COMMISSION
LV 2008-0027
FINAL DECISION
THIS 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 July 9, 2009, 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 Havon, Inc.
in the amount of $165.07 ($100.00 plus $65.07 investigative costs). Havon, Inc.'s request for
remission was presented to the Committee on Civil Penalty Remissions for consideration.
Havon, Inc. did not request oral argument; therefore, its request for remission was presented to
the Committee on Civil Penalty Remissions based on.its 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. I (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 Havon, Inc., 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. §143B-282.1 in determining 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 N.C.G.S. § 143-215.1(a)(6) and the terms of

STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
IN THE MATTER OF:
Assessment of Civil Penalties
Against
Havon, Inc.
(Pleasant Cove Home WWTP)
BEFORE THE
REMISSION COMMITTEE OF THE
ENVIRONMENTAL MANAGEMENT
COMMISSION
LR 2008-0089
FINAL DECISION
THIS 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 July 9, 2009, 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 Havon, Inc.
in the amount of $752.50 ($687.50 plus $65.00 investigative costs). Havon, Inc.'s request for
remission was presented to the Committee on Civil Penalty Remissions for consideration.
Havon, Inc.did not request oral argument; therefore, its request for remission was presented to
the Committee on Civil Penalty Remissions based on its 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 Havon, Inc., 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. §143B-282.1 in determining the amount of the civil penalties. The
Committee further finds that there are no grounds shown for remission or reduction of the
penalties assessed by the Director for violation N.C.G.S. § 143-215.1(a)(6) and the terms of

-2-
NPDES Permit NCO075388 during December 2007 by discharging wastewater into the waters of
the State that exceeded the permit Daily Maximum limit for RES/TSS, for two discharges of
wastewater that exceeded the permit Daily Maximum limit for BOD, and for discharges that
exceeded the permit Monthly Average limit for BOD.
Upon duly made motion and vote, the Committee finds that the assessment of civil
penalties and costs in the amount of $752.50 ($687.50 civil penalty plus $65.00 investigation
costs) should be upheld.
THEREFORE, IT IS ORDERED:
1. That the assessment of civil penalties and costs in the amount of $752.50 against
Havon, Inc. is AFFIRMED.
2. That this Final Decision and Order be served upon Havon, Inc. and upon receipt
hereof, the amount of $752.50 be paid to the Department of Environment and Natural Resources
within thirty days as required by law.
This the U Nay of July, 2009.
S V� ��- T -S nz f t S
StepherIT. Smith, Chairman
Environmental Management Commission

-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. Wittner Wright CERTIFIED MAIL
Havon, Inc. RETURN RECEIPT
P. O: Box 1180,
Candler, N. C. 28715
Mr.'Roger Edwards ELECTRONIC DELIVERY
DWQ Regional Supervisor
2090 US Hwy 70
Swannanoa, N. C. 28778.
This "the Q't day of July, 2009.
ROY COOPER
Attorney General
(;�
rancis W�Crawley
Special Deputy Attorney General
N.C. Department of Justice
P. O. Box 629
Raleigh, N.C. 27602
919/716-6600

lo
*4it*A 0 E__
A .
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr. Wittner Wright
Havon Inc.
PO Box 1180
Candler, NC 28715
Dear Mr. Wright:
Division of Water Quality
Coleen H. Sullins
Director
SURFACE WATER PROTECTION SECTION
July 17, 2009
AE COPY
Dee Freeman
Secretary .
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0314
Permit No. NCO075388
Pleasant Cove Home WWTP
Buncombe County
A review of Pleasant Cove Home WWTP's monitoring report for April 2009 showed the
following violations:
Parameter
Date
Limit Value
Reported Value
Limit Type
BOD, 5-Day (20' C)
04/02/09
45 mg/I
46.6 mg/I
Daily Maximum Exceeded
Remedial actions; if not already implemented, should be taken to correct any problem.
Since the comments section on the DMR required an explanation for the subject violation, it is
not requested that another response be submitted, unless an explanation was not provided or
should you have additional information concerning the violation(s). Please submit them to the
attention of Wanda Frazier.
The Division of Water Quality 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 Keith Haynes of this
office for additional information.
If you should have any questions, please do not hesitate to contact Wanda Frazier or me
at 828-296-4500.
cc: WQ Central Files
t�/af�Files
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
1V7Ane Carolina
tura!!rf
North Carolina Division of Water Quality 2090 U.S. Highway 70; Swannanoa, N.C. 28778 Phone [phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterguality.org FAX [phone]

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Mr. Wittner Wright
Havon Inc.
PO Box 1180
Candler, NC 28715
Dear Mr. Wright:
Coleen H. Sullins
Director
SURFACE WATER PROTECTION SECTION
July 14, 2009
Dee Freeman
Secretary
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0300
Permit No. NCO075388
Pleasant Cove Home WWTP
Buncombe County
A review of Pleasant Cove Home WWTP's monitoring report for March 2009-showed the
following violations:
Parameter
Date
Limit Value
Reported Value
Limit Type
BOD, 5-Day
03/27/09
45 mg/I
47.5 mg/I
Daily Maximum Exceeded
(20° Celcius)
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 Wanda Frazier.
- Noi thCarolina
�aiirrally
North Carolina Division of Water Quality 2090 U.S. Highway 70; Swannanoa, NC 28778 Phone [phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterguality.org FAX [phone]

Mr. Wittner Wright
Havon Inc.
Page 2 of 2
July 14, 2009
The Division of Water Quality 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 Keith Haynes of this Office for additional
information.
If you should have any questions, please do not hesitate to contact Wanda Frazier or me at
828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Enclosure
cc: Bob Guerra — Compliance Enforcement
WQ Central Files
✓,ARO.-IFiles

L�7
a . Vol
WMEE IR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary. .-
Mr. Wittner Wright
Havon, Inc.
P. O. Box 1180
Candler, NC 28715
June 10, 2009
SUBJECT: Request for Remission of Civil Penalty
Pursuant to N.C.G.S. 143-215.6A(f)
Pleasant Cove Home WWTP
Case Number LV=2008-0027
NPDES Permit NCO075388
Buncombe County
Dear Mr. Wright:
� E E V• E
J U N 1 1 2009.
4
WATER QUALITY SECTION
t' `i' 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, July. 9, 2009. .
s 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 ari 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.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 one 1, 1
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 NorthCaxOlin[1 Phone: [phone] \.FAX: [phone] \ Customer Service: 1-B77.623.6748
Internet: www.ncwaterquality.org
tncwaterqualtive Ag Nat=194
An Equal OpportunitylAffirmativeAcGonEmployer

Mr. Wittner Wright
LV-2008-0027 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 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 Ground Floor Hearing Room of the Archdale Building, located at 512 North
Salisbury Street in Raleigh, North Carolina (see enclosed map).
Other Things to Know About The Meeting
The length of an Environmental Management Commission meeting is determined by its agenda of the
day and the amount of discussion given to each topic — meetings often extend into the early afternoon.
You are advised to arrive for the Committee meeting no later than 11:00 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,
,we- J*
Co een H. Sullins
enclosure
cc: ASheyille Regional -Office
Enforcement File
Central Files

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr. Wittner Wright
Havon, Inc.
P. O. Box 1180
Candler, NC 28715
Division of Water Quality
Coleen H. Sullins
Director
June 10, 2009
SUBJECT: Request for Remission of Civil Penalty
Pursuant to N.C.G.S. 143-215.6A(f)
Pleasant Cove Home WWTP
Case Number LV-2008-0089
NPDES Permit NCO075388
Buncombe County
Dear Mr. Wright:
Dee Freeman
Secretary
®EcE _
DDD
J U N 1 1 2009
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, July 9, 2009.
y 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.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 NorthC arolina
Phone:: www. cwate 1 FAX: [phone] Customer Service: l 677 623 6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

Mr. Wittner Wright
LV-2008-0089 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 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 Ground Floor Hearing Room of the Archdale Building, located at 512 North
Salisbury Street in Raleigh, North Carolina (see enclosed map).
Other Things to Know About The Meeting
The length of an Environmental Management Commission meeting is determined by its agenda of the
,day and the amount of discussion given to each topic - meetings often extend into the early afternoon.
You are advised to arrive for the Committee meeting no later than 11:00 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: 11 eville_Region Office
Enforcement File
Central Files

NCDENR
North -Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary .
-- .. �.�^'4rr"'Tx•"x'..n :Jyq,C�+,.N..�Fytv...Air;�ie.l
June 2, 2009 WITTNER WMGHT
HAVON INC s
PO BOX 1180 _ t. -
2009 i
CANDLER NC 28715 SUN
SUBJECT: :Payment Acknowledgment E
:`
WATER G11JALlTY SECTION
Civil. Penalty Assessment ASHEVILLE REGIONAL OFF'C
...., P?�
Pleasant Cove Home WWTP:r:..:.,.:,� .�.,.. .. .
Permit Number: NCO075388
Case Number: LV-20W-0131
Buncombe County J
Dear Mr. -Wright:
This letter- is to acknowledge receipt of check number 6145 in the amount of $270.00 received from you dated
—May 11, 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 919-807-6387.
Sincerely,
Jovonah Weeden=
cc: Central Files
DWQ s euille�Re i al s-,ice Supervisor
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St Raleigh, North Carolina 27604 . One
Phone: 91U07-63061 FAX: [phone] Customer Service:1-877-623-6748 NOTthCarolllla.
Internet wuwy.ncwaterquality.org
An Equal Opportunity1 Affirmative Action Employer iL ` [✓/.

���1e4_
69,
JAWS & JAMES. ENVIRONMENTAL MANAGEMENT, INC
PO BOX 1354, MOUNTAIN HOME, NC 28758 i ---
[phone] OFFICE r
[phone] FAX k
v
R
PERFORMANCE ANNUAL REPORT - 2008
Pleasant Cove Rest Home dba Canterbury Hills Mr. Wittner Wright
Permit Number: NC007, 53&8
System Description
An extended aeration basin with gravity floww influent into a 12,000 gallon treatment facility,
clarifier, tablet feed chlorinator, chlorine contact chamber, tablet feed de -chlorinator, and effluent pun
tank.
Performance for 2008
This system has some problems with grease entering the facility even though there is a grease trap
on site that has regular maintenance. We usually experience the most difficulty right after the grease trap is
pumped. With the addition of polymers to the system, the grease quickly comes under control. There is
also some foreign influent that comes to the facility due to the nature of persons that is accommodated at
this Rest Home. We handle each need as it arises.
Violations for 2008 and corrective actions taken
January 4, 2008 — BOD @ >45.6 mg/l — the -organic loading was high, the facility was wasted and
the clarifier scraped on a more regular basis.
March 27, 2008 — Fecal Coliform, @ >600 colonies/100 mis — increased the chlorine dosage
April, 2008 — Ammonia Nitrogen Monthly -Average @ 25..1 mg/l — increased the air to the facility
September 4, 2008 — TSS @ 90.4 mg/l — due to something entering the facility that killed much of
the bacteria. Solids were wasted, alum was. added to aide in flocculation and the skimmer
was turned off to not float the young. sludge.
December 22, 2008 — Fecal Coliform @ >600 colonies/100 misl — increased chlorine dosage
This report has been sent to the Owner with directions to give notification of the availability of this report
to each of their users. A certified statement will be sent to the State when this notice has been issued.
I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I
further certify that this report has been made available to the users or customers of the named system and
that those users have been notified of its availability. I also.certify that this report has been given to the
owner of this facility with explicit directions to make the user aware of the availability of this report and the
location with which a copy can be viewed or received: James & James Environmental Mgt., Inc cannot
certify that the latter has been completed and will enclose a letter of certification to be mailed to e
of North Carolina on behalf of this entity along with all .pertinen ' ova ' - deg hisry to or e
conclusion of this requirement. " ROM
Thank you,
40te>j
uanita James
James & James Environmental Management, Inc.
2/20/09
MAR - 4 2009
DENR , WATER QUALITY
POINT SOURCE BRANCH
O
v�

PERFORMANCE ANNUAL REPORT - 2008
Pleasant Cove Rest Home .dba: Canterbury Hills
Mr. Wittner Wright
Permit Number: NCO075388
A copy of the Performance Annual. Report has already been filed with the
State of North Carolina Division -of Water Quality in. triplicate by James &
James Environmental Management, Inc. and should be in your possession at
this time. On that report, the certification was stated that I, the responsible .
party of this facility, has received .a copy .of this report and was directed to
give the users knowledge of this.report..and access to it.
Therefore:
I certify under penalty of law that this report prepared by James & James
.Environmental Management,..Ine. is complete and accurate to the best of my
knowledge. I further certify that.this_:report has .been made available to the
users or :customers of this documented system and that those users have been
motifled-..of its availability.
Thank you,
Mr. Wittner Wright
Pleasant Cove Rest Home :dba Canterbury Hills

Beverly Eaves Perdue
Governor
l r-
IfA
NCDENR
North Carolina Department of Environment'and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
CERTIFIED MAIL 7007-0710-0000-5376-7754
RETURN RECEIPT REQUESTED
Juanita James
James & James Environmental Mgt.
PO Box 1354
Mountain Home, NC 28758
Dear Mrs. James:
February 26, 2009
Dee Freeman
Secretary
rEC W. - 6 2009
UALITY SECTION
REG!ON.AL OFFICE
Subject: Remission Request of Civil Penalty Assessment
Case Number LV-2008-0256
Havon Inc — Pleasant Cove WWTP
NPDES Permit NCO075388
Buncombe County
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 remit your $165.00
civil penalty assessment and enforcement costs.
If you choose to pay the civil penalty assessments and enforcement costs of $165.00, please 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 Commissions (EMC) Committee On Civil Penalty Remissions (Committee) for
final agency decision.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One 1'„
Phone: [phone] FAX: [phone] Customer Service:1-877-623-6748 NorthCarolina
Intemet: www.ncwaterquality.org Naturally
An Equal OpportunitylAffirmativeActionEmployer

If you desire to make. an oral prese'- " ion to the Committee on why your rest 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
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].
Sincerely,
�Coleen H. Sullins
Attachment: Request for Oral hearing
cc: die '� Regianal Offi e .
Enforcement file
Central Files
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One
Phone: 9IM07-63871FAX: [phone]Customer Service: 1-877-623-6748 NofthCarohna
Internet: www.ncwaterquality.org "N� //�
An Equal Opportunity 1 Affirmative Action Employer {� �/ ��u` "

J
STATE OF NORTH CAROLINA
MRS. JUANITA JAMES
IN THE MATTER OF ASSESSMENT )
'OF CIVIL PENALTIES AGAINST: )
PLEASANT COVE WWTP NCO075388 )
ENVIRONMENTAL MANAGEMENT
COMMISSION
DWQ Case Number LV-2008-0256
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
20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

E CUPY
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Wittner Wright
Havon Inc.
PO Box 1180
Candler, NC 28715
April 23, 2009
7007 1490 0004 0713 9370
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 NCO075388
Havon Inc.
Pleasant Cove Home WWTP
Case No. LV-2009-0131
Buncombe County
Dear Mr. Wright:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $270.00
($200.00 civil penalty + $70.00 enforcement costs) against Havon Inc.
This assessment is based upon the following facts: a review has been conducted of --the discharge
monitoring report (DMR) submitted by Havon Inc. for the month of February 2009. This review has
shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements
found in NPDES Permit NC007538.8. The violations which occurred in February 2009 are summarized in
Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Havon Inc. violated the terms, conditions
or requirements .of NPDES Permit NCO075388 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. 143-21-5.1(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 Havon Inc.:
SURFACE WATER PROTECTION--ASHEVILLE REGIONAL OFFICE. One
7 Lation: 2090 U.S. Highway 70, Swannanoa, NC 28778 NorthCarolina
Po ne: [phone] FAX: [phone]
stomer Service (Raleigh): 1-877-623-6748 aturall
Internet: www.ncwaterauality.orq

143-215.1 (a 6 and NPDE�Permit No. Nt0075388, b
0 of the 1 violate s of G.S.()() Y
00 discharging waste water into the waters of the State in violation of the Permit Daily
Maximum limit for Total Suspended Solids.
2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0075388, by
200.00 discharging waste water into the waters of the State in violation of the Permit Daily
Maximum limit for Fecal Coliform.
200.00 TOTAL CIVIL PENALTY
70.00 Enforcement Costs
$270.00 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
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 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 143B-282.1(b) was
wrongfully applied to the detriment of the petitioner;

� t
(2) 'whether the violator &mptly abated continuing environm�k,ril 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 • 276.99-1617
OR
3. File a petition.for an administrative hearing with the"Offi` e. ,-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:
and
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone: [phone] Facsimile: [phone]
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 reL';VrNt of this letter, as evidericed
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 me or Wanda Frazier of the Asheville Regional Office at 828-
296-4500.
Sincerely,
0-Ve.Z�7v-k
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
�c.�Regionat-Supervs_o:r�.wLfattachments�� 4 t
Enforcement File w/ attachments
Central Files w/ attachments

JUb-ti OCATION FOR REMISSION REQUEa
DWQ Case Number: LV-2009-0131 County: Buncombe
Assessed Party: Havon Inc.
Permit No.: NCO076388 Amount Assessed: $270.00
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. § 14313-
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' " DEPARTMEN`-,=jF ENVIRONMENT'
AND NATURAL RESOURCES
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
HAVON INC. )
PERMIT NO. NCO075388 ) FILE NO. LV-2009-0131
Having been assessed civil penalties totaling $270.00 for violation(s) as . set forth in the
assessment document of the Division of Water Quality dated April 24, 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
SIGNATURE
ADDRESS
TELEPHONE
20

ATTACHMENT A
Havon Inc
CASE NUMBER: LV-2009-0131
-
PERMIT: NCO075388
FACILITY: Pleasant Cove Home WWTP
COUNTY: Buncombe
REGION: Asheville
Limit Violations
MONITORING
PENALTY REPORT
OUTFALL/
PPI
LOCATION
PARAMETER
VIOLATION
DATE FREQUENCY
UNIT OF
MEASURE
LIMIT
CALCULATED % OVER
VALUE LIMIT
VIOLATION TYPE
$100.00 2-2009
001
Effluent
FEC COLI
02/11/09 Weekly
#/loom[
400
600
50.00
Daily Maximum Exceeded
$100.00 2-2009
001
Effluent
FEC COLI
02/18/09 Weekly
#/loom[
400
600
50.00
Daily Maximum Exceeded
$.00 2-2009
001
Effluent
RES/TSS
02/06/09 Weekly
mgA
45
50.5
12.22
Daily Maximum Exceeded +r-�

'DIVISION OF R QUALITY - CIVIL PENALTY AS�t�U�8MENT (FILE)
Violator:
County:
Case Number:
Havon Inc. -
Buncombe
LV-2009-0131
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. 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;
There was no quantifiable harm to the public health or to private property; however, all effluent
violations are detrimental to the receiving stream.
2) The duration and gravity of the violation;
There were two daily maximum violations of fecal coliform, which exceeded the permit limit by
50% each. There was one daily maximum violation of TSS, which exceeded the permit limit by
12% each.
3) The effect on ground or surface water quantity or quality or on air quality;
All significant 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 is unknown.
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 -prior civil penalty assessment for limits violations,and four NOVs issued in
the past year.
8) The cost to the State of the enforcement procedures.
$70.00.
ate R ge C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office

;LE UPY
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
SURFACE WATER PROTECTION SECTION
April 14, 2009
Mr. Wittner Wright
Havon Inc.
PO Box 1180
Candler NC 28715
Dear Mr. Wright:
Dee Freeman
Secretary
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0170
Permit No. NCO075388
Pleasant Cove Home WWTP
Buncombe County
A review of Pleasant Cove Home WWTP's monitoring report for December 2008 showed the
following violations:
Parameter
Date
Limit Value
Reported
Limit Type
Fecal Coliform, membrane
filter, M-FC Broth, at 44.5°C
12/22/08
400 #/100ml
600 #/100ml
Daily Maximum Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted: however, should you have additional
information concerning the violations or comments which you wish to present, please submit them to the
attention of Wanda Frazier.
The Division of Water Quality 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 Keith Haynes of this office for additional information.
If you should have any questions, please do not hesitate to contact Wanda Frazier or me at 828-296-
4500.
Sincerely,
p—Roger C. Edwards, Re Pio Supervisor
Surface Water Protection Section
cc:. WQ. Central Files
Bob Guerra, Western NPDES Point Source Compliance Enforcement North Carolina
�atura!!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]

- • Michael F. Easley, Governor
rdi _
William G. Ross Jr., Secretaryw*W h &;Ifn Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
SURFACE WATER PROTECTION SECTION
September 5, 2007
Mr. Wright
Havon Inc
PO Box 1180
Candler, NC 28715
SUBJECT: Wastewater Collection System
Owner & Operator Requirements
Pleasant Cove Home WWTP
NCO075388
Buncombe County
Dear Mr. Wright:
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 regulation's 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:l/h2o.enr.state.nc.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.
NorthCarolina
lVaturally
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 Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

September 5, 2007 h; Y
Page 2of2 - -'
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,
c1c�cutco
Roger C. Edwards, Supervisor
Surface Water Protection Section
cc: Deborah Gore - PERCS Unit - w/out enclosures
Awe Regional-Qffice-,facility-file --.w/out-enclosures-
DWQ - SWPS - Central Office Files - w/out enclosures

Central Files: APS SWP
09/01 /09
Permit Number WQCSD0429
Permit Tracking Slip
Program Category
Status Project Type
Non -discharge
Active New Project
Permit Type
Version Permit Classification
Deemed permitted collection system management and operation
1.00 Individual
Primary Reviewer
wanda.frazier
Coastal SW Rule
Permitted Flow
Permit Contact Affiliation
Facility
Facility Name Major/Minor Region
Pleasant Cove Home WWTP Minor Asheville
Location Address
NCSR 1220 At NCSR 1221
Candler
Owner
NC 28715
County
Buncombe
Facility Contact Affiliation
Owner Name Owner Type
Havon Inc Non -Government
Owner Affiliation
Wittner Wright
PO Box 1180
Dates/Events Candler NC 28715
Scheduled
Orig Issue App Received Draft Initiated Issuance Public Notice Issue Effective Expiration
12/19/08 12/19/08 12/19/08 12/19/08
Regulated Activities
Institution, other
Outfall NULL
Waterbody Name Stream Index Number Current Class Subbasin
S

Michael F. Easley, Governor
William G. Ross Jr., Secretary
E-7 HLE ®Pl
orth Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
December 30, 2008
Mr. Wittner Wright .
Havon Inc.
P.O. Box 1180
Candler, North Carolina 28715
SUBJECT: Compliance Evaluation Inspection
Status: Compliant
Pleasant Cove Home WWTP
Permit No: NCO075388
Buncombe County -
Dear Mr. Wright:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on December-19, 2008. The facility appeared to be in compliance with
permit number NC0062634. James and James Environmental Management appear to be doing
a fine job operating and maintaining this facility.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4500, extension 4662.
Sincerely,
c4li
Wanda P. Frazier
Environmental Specialist
Enclosure
rcc�_DVV_Q :S.1NPAsheville=Files
DWQ-SWP Central Files
James & James Environmental Mgmt w/ attachment
GAWPDATA\DEMWQ\Buncombe\75388 Pleasant Cove-Havon\75388 CEI 2008.doc One
. atura!!y
2090 US Hwy 70, Swannanoa, NC 28778 Telephone: [phone] Fax: [phone] Customer Service 1-877-623-6748

United States Environmental Protection Agency
Form Approved.
p Washington, D.C. 20460
EP A
OMB No. 2040-0057
Water Compliance Inspection Re I port
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 I 2
L — II11 12I I17 1820_jI 08/12/19 _j 1=
Remarks
21111111111111111111111111111111111111111111111116
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ---- ------------- -----Reserved ---------- --------
67 I 1. o 169 70 1 3 I 71 U 72 U 73 L U 74 751 I I I I I Li 80
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
01:25 PM 08/12/19
05/12/01
Pleasant Cove Home WWTP
Exit Time/Date
Permit Expiration Date
NCSR 1220 At NCSR 1221
Candler NC 28715
01:35 PM 08/12/19
10/10/31
Name(s) of Onsite Representative(s)lTitles(s)/Phone and Fax Number(s)
Other Facility Data
Juanita Reed James/ORC/828-697-0063/
Name, Address of Responsible Official/Title/Phone and Fax Number
Wittner Wright,PO Box 1180 Candler NC 28715//828-670-8893/828670 894Noted
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Operations & Maintenance Facility Site Review Effluent/Receiving Waters
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessa
(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/
Ida
ign ure of Management Q A Reviewer Age ncy//Office/Phone and Fax Numbers Date
I"_,.o 1 A 1 D 8
I -
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1.

NPDES yr/mo/day Inspection Type (cont. 1
3I N00075388 I11 12I 08/12/19 117 18' _i
Section D: Summary of Finding/Comments (Attach additional
lssheets of narrative and checklists as necessary)
Records & Reports:
Xreview of the files indicates that the last compliance evaluation inspection was
conducted on April 29, 2008 by Janet Cantwell.
The permit expires on 10/31/2010. Please request a permit renewal 6 months prior to
expiration. A renewal notice will be mailed as a reminder.
The Annual Performance Report.is due March 1, 2009.
The log book was present on -site and had good notation of daily events.
Operations & Maintenance / Summary:
This facility appears to be well operated and maintained.
Effluent:
The effluent appeared to be clear, indicating compliance with permit limits.
Page # 2

IE
Permit: NCO075388 Owner - Facility: Pleasant Cove Home WWTP
-Inspection Date: 12/19/2008 Inspection Type.: Compliance Evaluation
Permit
Yes
No
NA
NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application?
Q
Q
■
Is the facility as described in the permit?
®
f_l
❑
Q
# Are there any special conditions for the permit?
®Q
Is access to the plant site restricted to the general public?
®D
Is the inspector granted access to all areas for inspection?
®❑
El
D
Comment:
Bar Screens
Yes
No
NA
NE
Type of bar screen
a.Manual
■
b.Mechanical
13
Are the bars adequately screening debris?
®❑
❑
.Q
Is the screen free of excessive debris?
■
Q
Q
13
Is disposal of screening in compliance?
®n
❑
❑
Is the unit in good condition?
®�
.0.
Q
Comment:
Aeration Basins
Yes
No
NA
NE
Mode of operation
Ext. Air
Type of aeration system
Diffused
Is the basin free of dead spots?
■
0
Are surface aerators and mixers operational?
❑
11
■
Are the diffusers operational?
■
❑
El
0
Is the foam the proper color for the treatment process?
■
Does the foam cover less than 25% of the basin's surface?
■D
❑
11
Is the DO level acceptable?
■
Q
Q
❑
Is the DO level acceptable?(1.0 to 3.0 mg/1)
■
0
0
❑
Comment:
Secondary Clarifier
Yes
No
NA
NE
Is the clarifier free of black and odorous wastewater?
M.
0
❑
11
Is the site free of excessive buildup of solids in center well of circular clarifier?
❑
■
❑
Are weirs level?
■
Page # 3

Permit: NCO075388 Owner - Facility: Pleasant Cove Home WVVfP
Inspection Date: 12/19/2008 Inspection Type: Compliance Evaluation
Secondary Clarifier
Yes No
NA
NE
Is the site free of weir blockage?
M D
❑
❑
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?
❑ ❑
M
❑
Is the return rate acceptable (low turbulence)?
®❑
❑
❑
Is the overflow clear of excessive solids/pin floc?
■ 11011
Is the sludge blanket level acceptable? (Approximately %4 of the sidewall depth)
®❑
❑
❑
Comment:
Disinfection -Tablet
Yes No
NA
NE
Are tablet.chlorinators operational?
■ Cl
❑
❑
Are the tablets the proper size and type?
■ ❑
❑
❑
Number of tubes in use?
3
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?
■ Cl
❑
❑
Comment:
De -chlorination
Yes No
NA
NE
Type of system ?
Tablet
Is the feed ratio proportional to chlorine amount (1_to_1.)?_.__..____._ .._._. _.. _.__ - ________
❑ ❑
■
❑
Is storage appropriate for cylinders?
❑ ❑
■
0
# Is de -chlorination substance stored away from chlorine containers?
■ ❑
❑
❑
Comment:
Are the tablets the proper size and type?
■ ❑
❑
❑
Are tablet de -chlorinators operational?
■ Cl
❑
❑
Number of tubes in use?
1
Comment: The effluent is pumped about 3/4 of a mile to the receiving stream;
therefore, less dechlorination tablets are needed.
Operations & Maintenance
Yes No
NA
NE
Is the plant generally clean with acceptable housekeeping?
■ ❑
❑
❑
Page # 4
e

`Permit: NCO075388
Inspection Date: 12/19/2008
Owner - Facility: Pleasant Cove Home WWTP
Inspection Type: Compliance Evaluation
Operations & Maintenance Yes No NA NE
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge, ® Q ❑ ❑
Judge, and other that are applicable?
Comment:
Page # 5

Nf A T�. y . . Michael F. Easley, Governor
�,_ r r� t William G. Ross Jr., Secretary
`�� 4% North Carol inL)rtment of Environment and Natural Resources
� Coleen H. Sullins, Director
O F",FILE
(� ®P y Division of Water Quality
V Asheville Regional Office
SURFACE WATER PROTECTION SECTION
November 25, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9074
Mr. Wittner Wright
Havon Inc.
P.O. Box 1180
Candler, North Carolina 28715
Subject: NOTICE OF VIOLATION
NOV-2008-LV-0550
Permit No. NCO075388
Pleasant Cove Home WWTP
Buncombe County
Dear Mr. Wright:
A review of Pleasant Cove Home WWTP's monitoring report for September 2008 showed the following
violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
Solids, Total Suspended
09/04/08
45 mg/I
90.4 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 actions 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,
�,�t �e e�zz c cj
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cDWQ A� sheville_Fil_ e_`___s-----�
DWQ Central Files
Bob Guerra/ DWQ Enforcement Files
James & James Environmental/ ORC
G:\WPDATA\DEMWQ\Buncombe\75388 Pleasant Cove-Canterbury\NOV-2008-LV-0550.75388.doc NorthCarolina
�attrra!!d
1/?;�
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
nternet: www ncwaterauality orn FAX [phone]

411
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
IN THE MATTER OF: )
Assessment of Civil Penalties )
Against )
HAVON, INC. )
BEFORE THE
REMISSION;COIPEE
Comm
LV 2V 0 7- C E V
i - NOV - 5 2008
H _IER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
THIS MATTER came before the Committee on Civil Penalty Remissions of the
Environmental Management Commission, pursuant to N.C.G.S. §143-21.5.6A 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
Havon, Inc. in the amount of $365.07 ($300.00 plus $65.07 investigative costs). Havon, Inc.'s
request for remission was presented to the Committee on Civil Penalty Remissions for
consideration. Havon, Inc. did not request oral argument;, therefore, its request for remission was
presented to the Committee on Civil Penalty Remissions based on its 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 Havon, Inc., 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. §143B-282.1 in determining 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 N.C.G.S. § 143-215.(a)(6) and the terms and

-2-
conditions of NPDES Permit NC0075388 in September 2007, for discharging waste to the waters
of the State that exceeded the permit daily maximum limit for Fecal Coliform bacteria.
Upon duly made motion and vote, the Committee finds that the assessment of the civil
penalty and costs in the amount of $365.07 ($300.00 total civil penalty plus $65.07 investigation
costs) should be upheld.
THEREFORE, IT IS ORDERED:
1. That the assessment of civil penalties and costs in the amount of $365.07 against
Havon, Inca is AFFIRMED.
2. That this Final Decision and Order be served upon havon, Inc. and upon receipt
hereof, the amount of $365.07be paid to the Department of Environment and Natural Resources
within thirty days as required by law.
This the o day of October,-2008.
David H. Nforeau, Chairman
Civil Penalty Remission Committee

d
-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.. Whittner Wright CERTIFIED MAIL
Havon, Inc. RETURN RECEIPT
P. O. Box 1180
Candler, N.C. 28715
Mr. Roger Edwards COURIER MAIL
DWQ Regional Supervisor
1-27 Cardinal Drive Extension
Wilmington, N. C. 28405
This the 3ct day of November, 2008.
ROY COOPER
North Carolina ttorney ener
Francis W. Crawley
Special Deputy Attorney General
N.C. Department of Justice,
P. O. Box 629
Raleigh, N.C. 27602
919/716-6600

O�O W AT �9QG
r
O `C
NI/ JOF,"
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 2920
RETURN RECEIPT REQUESTED
Mr. James M. Scott
Havon, Inc.
P. O. Box 1180
Candler, NC 28715
SUBJECT: Request for Remission of Civil Penalty
Pursuant to N.C.G.S. 143-215.6A(f)
Pleasant Cove Rest Home WWTP
Case Number LV-2007-0471
NPDES Permit NCO075388
Buncombe County
Dear Mr. Scott:
Coleen H. Sullins, Director
Division of Water Quality
LE C EV .
!
V� AUG 2 2 2008
--J
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. Nonhcarotina
Naturally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.newaterqualitv.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Mr. James M. Scott
LV-2007-0471 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. I-
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: Weuihle ' e :zon 1[+Mice
Enforcement File
Central Files

W ATF9Q
Michael F. Easley, Governor
�OF
G. Ross Jr., Secretary
William
r
North Carolina Department of Environment and Natural Resources
> �
Coleen H. Sullins, Director
Division of Water Quality
August 18, 2008
Juanita James
James & James Environmental Mgt. -
PO Box 1354
Mountain Home, NC 28758
Subject: Remission Request of Civil Penalty Assessment
Case Number LV-2008-0256
Havon Inc — Pleasant Cove WWTP
NPDES Permit NCO075388
Buncombe -County
Dear Mrs. James:
This letter is to acknowledge the receipt and of your request. for remission of the civil penalties levied
against the subject entity. A copy is being sent to the Asheville Regional Office for input and
recommendations. 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)
807-6387. .
Sincerely,
Robert Guerra, Western Region NPDES
Point Source Branch
�C�
AUG 1 9 2008 I 1.
I
Cc: Ashe-vifle-Regiona -Offices
CT� --i I
CE
Enforcement file w/originals L�
Central
Wne Carolina
1Adgra!!y
North Carolina Division of Water Quality .1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service -
Internet: www.ncwatergualily.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

W A TARP Michael F. Easley, Governor -
`� (� William G. Ross Jr., Secretary
A6LL Vj r North Carolina Department of Environment and Natural Resources
O � Coleen H. Sullins, Director
Division, of Wate?tQuality
August 14, 2008'"
CERTIFIED MAIL 7007-0710-0000-5376-7600
RETURN RECEIPT REQUESTED AUG 9 2008 1
SECTION
Mr. Wittner Wright WATER QUALITY
EGIONAL OFFICE
Havon, Inc. A�'E -
PO Box'1180 .-... `` . .
Candler, NC 28715
Subject: Remission Request of Civil Penalty Assessment
Havon Inc / Pleasant Cove WWTP
NPDES Permit NCO075388
Case Number LV-2008-0089
Buncombe County
Dear Mr. Whitter:
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 remit
your $752.50 civil penalty assessment and enforcement costs..
If you choose to pay the civil penalty assessments and enforcement costs of $752.50, please 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:
oe Carolina
NNaturally
North Carolina Division of Water Quality 1617 Mail Service Center. Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwaterquality.ore Location: 512 N. SalisburySt. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
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].
Sincerely,
Coleen H. Sullins
Attachment: Request for Oral hearing -
cc: Juanita James
James & James Environmental management
PO Box 1354
Mountain Home, NC 28758
sheVille-Regional-Office
Enforcement file
Central Files

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
HAVON INC/PLEASANT COVE WWTP DWQ Case Number LV-2008-0089
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST: )
PLEASANT COVE WWTP NCO075388 )
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 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE
0

F;
Michael F. Easley, Governor
r ' t William G. Ross Jr., Secretary
North Carolina Department\ �ironment and Natural Resources
EFILE COPY Coleen H. Sullins; Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
July 29, 2008
CERTIFIED MAID
RETURN RECEIPT REQUESTED 7002 0460 0001 9899 8078
Mr. Wittner Wright
Havon Inc.
P.O. Box 1180
Candler, North Carolina 28715
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 N00075388
Havon Inc.
Pleasant Cove Home WWTP
Case No. LV-2008-0256
Buncombe County
Dear Mr. Wright:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $165.00
($100.00 civil penalty + $65.00 enforcement costs) against'Havon Inc.
This assessment is based upon the following facts: a review has-been conducted of the discharge
monitoring report (DMR) submitted by Havon Inc. for the month of April 2008. This review has
shown the. subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NC00753 88. The violations which occurred in April 2008
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Havon Inc. violated the teens;
conditions or requirements of NPDES Permit NCO075388 and G.S. 143-215.4(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 Havon Inc.:
NonrthCarolina
Aatura!!b,
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swan nanoa, NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 623-7748

0rI,e 1 violations of,G.S. 143 -215. 1 (a)(6) and NPDES Permit No.
$.00 NC00753 88, 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.
$100.00 NC0075388,•by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLT.
$100.00 TOTAL CIVIL PENALTY
$65.00 Enforcement Costs
$165.00 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
,1]_.911
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

1
prepare adetailed statemej .t establishes why you believe the ciNk�_ ,,,malty 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 143B-282. I (b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note -that all evidence presented in support'of your request for remission must be submitted
in writing. The Director of the Division of 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

U OR. '.
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,
"�aavL
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
o w1WiQ A, sheviii e ; 71es climen.tsomlr
)WO
Central Fles`w attic r[6n
Bob Guerra/ DWQ Enforcement Files w/ attachments
James & James Environmental/ ORC w/ attachments
GAWPDATA\DEMWQ\Buncombe\75388 Pleasant Cove-Canterbury\LV-2008-0256.75388.doc

�- JUI( DICATION FOR REEMISSION RE(,, ST
DWQ Case Number: LV-2008-0256 County: Buncombe
Assessed Party: Ilavon Inc./ Pleasant Cove W WTP
Permit No.: NC0075388
Amount Assessed: $165.00
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. 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 CAROIS,� t
DEPARTT _ . � T OF ENVIRONMENT}•
AND NATURAL RESOURCES.
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
HAVON INC./ PLEASANT COVE
NURSING HOME WWTP
PERMIT NO. NCO0753 88
WAIVER OF RIGH'I' TO AN
ADMINSTItATIVE HE, ARING AND
STIPULATION OF FACTS
FILE NO. LV-2008-0256
Having been assessed civil penalties totaling $165.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 29, 2008, 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 , 20
SIGNATURE
ADDRESS
TELEPHONE

Permit Enforcement History by Owner
h
07/28/08
1 i-
Owner: Havon Inc
Facility: Pleasant Cove
Home VW TP
Permit: NCO075388
Region: Asheville
County: Buncombe
Penalty
Remission
Enf EMC
EMC OAH Collection
Has
Assessment Penalty
Enforcemen
Request Enf Conf
Remission Hearing
Remission Remission Memo Sent
Pmt
Case
Case Number MR
Approved Amount
t Costs Damages
9
Received Held
Amount Held
Amount Amount to AGO
Total Paid
Balance Due
Plan
Closed
LV-2000-0165
05/22/00 $1.250.00
$73.11
06/23/00 01/23/01
$1.000.00
$323.11
$.00
No
04/18/01
LR-2006-0025 5-2006
07/21/06 $500.00
$100.00
$600.00
$.00
No
08/21/06
�
LR-2007-0002 8-2006
01/22/07 $1,000.00
$100.00 $.00
11/15/07
$1,100.00
No
LR-2007-0004 12-2006
02/20/07 $2.000.00
$100.00
$2,100.00
$.00
No
04/13/07
MV-2007-0002 1-2007
05/11/07 $750.00
$390A5
07/12/07
$1,140.45
No
LV-2007-0471 9-2007
12/07/07 $300.00
$65.07
12/27/07
$.00
$365.07
No
LV-2008-0027 10-2007
01/22/08 $100.00
$65.07
02/12/08
$.00
$165.07
No
LV-2008-0089 12-2007
03/07/08 $687.50
$65.00
06/18/08
$752.50
No
LR-2007-0011 1-2007
$4,000.00
$100.00
09/13/07
$4,100.00
No
LV-2008-0256 4-2008
$100.00
$65.00
$165.00
No
Total Cases: 10
$10,687.50 $1,123.70
$3,023.11
$7,788.09
Total Penalties:
$11,811.20
Total Penalties after remission(s):
$10,811.20
�` .

ATTACHMENT A
Havon inc
CASE NUMBER: LV-2008-0256
PERMIT: NCO075388 FACILITY: Pleasant Cove Home WWTP COUNTY: Buncombe 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 4-2008
001 Effluent FEC COLI
04/09/08
Weekly
' #/100ml
400 600
50.00
Daily Maximum Exceeded
$.00 4-2008
001 Effluent NH3-N
04/30/08
Weekly
mgA
21 25.08
19.40
Monthly Average Exceeded

DIVISION OF QUALITY - CIVIL PENALTY ASS', 0�OMENT (FILE)
Violator: Ilavon Inc/ Pleasant Cove WWTP: NCO075388
County: . Buncombe
Case Number: LV-2008-0256
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 Daily Maximum Fecal Coliform exceeded permit limits by 50.00 %.
One Monthly Average Ammonia Nitrogen exceeded permit limits by 19.40 %.
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 is unknown.
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 four penalty assessments in the past twelve months.
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

LV-2008-001�56
Subject: LV-2008-0256
From: Roy Davis <[e-mail]>
Date: Wed, 20 Aug 2008 09:09:18 -0400
To: Bob Guerra <[e-mail]>, Roger Edwards <[e-mail]>,
"janet.cantwell >> Janet Cantwell" <[e-mail]>, Roy Davis
<[e-mail]>
Attached are the Civil Assessment Remission Factors for Pleasant Cove Home in Buncombe County.
This W WTP was a wreck until taken over by James & James (Contract operators) several months
ago. They have slowly brought the plant into compliance. The subject of LV-2008-0256 was a single
daily max fecal coliform violation which was immediately corrected by increasing the chlorine feed
rate. The May 2008 DMR indicates compliance. As a reward to James & James for bringing the
WWTP back into compliance, the ARO recommends remission of this penalty. Roy Davis
Roy Davis - Roy. [e-mail]
North Carolina Dept. of Environment. and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Roy Davis <Roy.Davis(a,ncmail.net>
NC DENR - Asheville Regional Office
Division of Water Quality - Water Quality Section
LV-2008-0256 Assessment Factors.doc `Content -Type: application/msword
Content -Encoding: base64
1 of 1 8/20/2008 9:09 AM

DIVISION OF WA` 6A OUALITY - CIVIL PENALTY ASSI�isiIi'IENT (FILE)
Violator: Havon Inc/ Pleasant Cove WWTP: NCO075388
County: Buncombe
Case Number: LV-2008-0256
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 Daily Maximum Fecal Coliform exceeded permit limits by 50.00 %.
One Monthly Average Ammonia Nitrogen exceeded permit limits by 19.40 %.
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 is unknown.
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 four penalty assessments in the past twelve months.
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

JUL.AFICATION FOR -REMISSION RE4--,2ST
ECE0V_E(
DWQ Case Number: LV-2008-0256 Coun
Assessed Party :. Havon. Inc./ Pleasant .Cove WWT ) E
Permit. No .NC0.075388 AUG A�rn_��t:Ass
I Y S-,=C T ION
>
f
�
mcoml%e
(i
G:
$165
O
U
o
i
WATER
ER DUAL T .• ,,
Please use this form when requesting remission of this civ�l;penalty:-You must also completc the n
"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), renssion 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);
i� (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 tli :civil'perialty v,jl preye]Rt payment for the remaining necessary remedial
actions (i. e., explain how paym, cent of the civil penralty,,jYvill prevent you from performing the activities
necessary to achieve -compliance).' -
EXPLANATION: � ,icx �fl Cam.. 'au-n wM �v�e� c u ute(z kap 4z�o
w a-
+J�de - &tcv). AATl , 4 .
Ivy i d c� to 1,CS, qL. Va (jDk. ' 4V 0A, wig the hm�.
r1�n- LIMP uCLn ce. Cwlck `WU U-PUN ba116-
�Cj
Fv
OD

STATE OF NORTH CAROL��_A
DEPARTl _�, T-OF ENVIRONMENT
AND NATURAL RESOURCES.
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
HAVON INC./ PLEASANT COVE
NURSING HOME WWTP
PERMIT NO.. NC0075388
WAIVER OF RIGHT TO AN
ADMINSTR.ATIVE HE, ARING AND
STIPULATION OF FACTS
FILE NO. LV-2008-0256
Having been assessed civil penalties totaling. $165.00 for violation(s) asset forth in the,
assessment document of the -Division _of Water -Quality dated July_29, 2008, the_ uAersigned,�desinng - _ -
fo 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'(3.0) days of < .:
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed.
after (3.0) days from the receipt of the notice of assessment..
This the day of , 20
SIGNAT_UkE-

T, Michael F. Easley, Governor
of W ATF9
Q
CERTIFIED MAIL 7007-0710-0000-5376-7525
RETURN RECEIPT REOUESTED
William G. Ross Jr., Secretary .
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Water Quality
June 9, 2008
R Ae
JUN 1 3 2WO
James & James Environmental Management, Inc. L�I
CATER QUALITY SECTION
H` VILI_E RECIONIc'
PO Box 1354 w
Mountain Home, NC 28758
Subject: Remission Request of Civil Penalty Assessment
Havon Inc. - Pleasant Cove WWTP
NPDES Permit NCO075388
Buncombe County
Case Number LV-2008-0027
Dear Mrs. James:
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 remit
your $165.07 civil penalty assessment and enforcement costs.
If you choose to pay the civil penalty assessments and enforcement costs of $16-5.07, please 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:
No"'
Carolina
. dvatura!!y
North Carolina Division of Water Quality -1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwaterquality.or- Location: 512 N. Salisbury St.- Raleigh, NC 27604 Fax [phone]=877-623-6748
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper

1
Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
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 CIV-) kA��
pxColeen H. Sullins
Attachment
cc: Ashevle Regiona1 O_ ffi_ce
Enforcement file
Central Files

STATE OF NORTH CAROLINA
HAVON INC.
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
PLEASANT COVE WWTP NCO075388
ENVIRONMENTAL MANAGEMENT
COMMISSION
DWQ Case Number LV-2008-0027
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
20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

Michael F. Easley, Governor
William G. Ross Jr., Secretary
o� QG COPY North Carolina Department of Environment and Natural Resources
r� EFILE Coleen H. Sullins, Director
-� Division of Water Quality
Ca � -
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
May 30�,. 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED: 7002 0460 0001 9899 8009
Mr. Wittner Wright
Havon Inc.
P.O. Box 1180
Candler, North Carolina 28715
Subject: NOTICE OF VIOLATION
NOV-2008=LV-0242'
Permit No. NCO075388
Pleasant' Cove Home WWTP
Bunco'mbe County
Dear Mr. Wright:
A review of Pleasant Cove Home WWTP's monitoring report for March 2008 showed the following violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
Coliform, Fecal MF, M-FC
Broth,44.5C
03/27/08
400 #/100ml
600 #/100ml
Daily Maximum
Exceeded -
Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments
section on the reverse of the relevant DM 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 actions 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,
Fz
Roger C. dwards, Regional Supervisor
Surface Water Protection Section .
4
cc: D Q-SWP Asheville FI es
DWQ-SWP Cen ra II s
Bob Guerra/ DWQ Enforcement Files
James & James Environmental/ ORC
G:\WPDATA\DEMWQ\Buncombe\75388 Pleasant Cove-Canterbu"OV-2008-LV-0242.75388.doc PA!Karolina
�RtlfCll��j�
4�Jternet:
orth Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
www.ncwateraualitv.orp FAX [phone]
•

Michael F. Easley, Governor
EWilliamCoP� G. Ross Jr., Secretary
I`4? North Carolina Departmen,, _, ,lvironment and Natural Resources
Coleen H. Sullins, Director.
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
May 5, 2008
Mr. Wittner Wright
Havon Inc.
P.O. Box 1180
Candler, North Carolina 28715
SUBJECT: Compliance Evaluation Inspection
Status: Compliant
Pleasant Cove Home WWTP
Permit No: NCO075388
Buncombe County
Dear Mr. Wright:
Enclosed please find a copy of the Compliance Evaluation Inspection form from
the inspection conducted on April 29, 2008.. The facility appeared to be in compliance
with permit NC0075388. The kind assistance of Mrs. Juanita James during the inspection
was appreciated. The facility is being well operated and maintained.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500, Ext.
4667.
Sincerely, -
et Can
Environmental Specialist
Enclosure
cc: D Q-SWi' sheville Files -
WQ-SWP Central Files
James & James Environmental/ ORC w/ attachment
G:\WPDATA\DEMWQ\Buncombe\75388 Pleasant Cove-Canterbury\75388.CEI.08.doc None Carolina
�tura!!r�
2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: [phone] Fax: [phone] Customer Service 1 877 623-6748

C
United States Environmental Protection Agency
FormApproved.
EPA Washington, D.C. 20460
OMB
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 N00075388 Ill 121 08/04/29 117 18I CI 19I SI 20III
Remarks
21I I I I I I I I I( I I I I I I I I I I I6
Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 ' QA ----------------Reserved------------
67 I 169 701 I 711 I 72 I N I 73 I 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) .
Pleasant Cove Home WWTP
02:50 PM 08/04/29
05/12/01
Exit Time/Date
Permit Expiration Date
NCSR 1220 At NCSR 1221
Candler NC 28715
03:40 PM 08/04/29
10/10/31
Name(s) of Onsite Representative(s)lfitles(s)/Phone and Fax Number(s)
Other Facility Data
Juanita Reed James/ORC/828-697-0063/
Name, Address of Responsible Official/Title/Phone and Fax Number
Wittner Wright,PO Box 1180 Candler NC 28715//828-670-8893/828670889� cted
0
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Operations & Maintenance ® Records/Reports Self -Monitoring Program
Facility Site Review Effluent/Receiving Waters
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax'Numbers Date
Janet Cantwell ARO WQ//828-296-4500 Ext.4667/
Signature of Ma a t Q eviewer Agency/Office/Phone and Fax Numbers
rDate
,J�;�'
If
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

NPDES yr/mo/day Inspection Type (cont.) 1
3I NCO075388 I11 12I 08/04/29 I17 18,
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Juanita James/ ORC assisted in the inspection of this facility.
The previous compliance evaluation inspection was conducted on February 20, 2007.
A review of the files indicates that the permit expires October 31, 2010.
The Annual Performance Report has been filed for the year.
Vegetation around the perimeter of the plant needs maintenance.
The log book was present on -site.
The effluent was clear.
The Collection System was also inspected and will be sent separately from the inspection
for the VVVVTP.
Page # 2

Permit: NCO075388 Owner - Facility: Pleasant Cove Home WWTP
Inspection Date: 04/29/2008 Inspection Type: Compliance Evaluation
Permit
Yes
No
NA
NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application?
❑
❑
■
❑
Is the facility as described in the permit?
■
❑
❑
❑
# Are there any special conditions for the permit?
❑
I
❑
❑
Is access to the plant site restricted to the general public?
■
n
❑
❑
Is the inspector granted access to all areas for inspection?
■
❑
❑
❑
Comment:
Operations & Maintenance Yes
No
NA
NE
Is the plant generally clean with acceptable housekeeping? ■
❑
❑
❑
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids; pH, DO, Sludge ■
n
n
n
Judge, and other that are applicable?
Comment:
Record Keeping Yes
No
NA
NE
Are records kept and maintained as required by the permit? ■
❑
❑
❑
Is all required information readily available, complete and current? ■
❑
n
n
Are all records maintained for 3 years (lab. reg. required 5 years)?
■
❑
❑
❑
Are analytical results consistent with data reported on DMRs?
❑
n
❑
■
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?
❑
Cl
■
❑
Is the ORC visitation log available and current?
■
❑
❑
❑
Is the ORC certified at grade equal to or higher than the facility classification?
■
❑
n
n
Is the backup operator certified at one grade less or greater than the facility classification?
■
❑
❑
❑
Is a copy of the current NPDES permit available on site?
■
❑
❑
❑
Page # 3

Permit: NCO075388 Owner - Facility: Pleasant Cove Home VVWTP
Inspection Date: 04/29/2008 Inspection Type: Compliance Evaluation
Record Keeping
Yes
No
NA
NE
Facility has copy of previous year's Annual Report on file for review?
■
Comment:
Aeration Basins
Yes
No
NA
NE
Mode of operation
Ext. Air
Type of aeration system
Diffused
•Is the basin free of dead spots?
■
n
n
n
Are surface aerators and mixers operational?
n
❑
®
n
Are the diffusers operational?
■
❑
n
n
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
■
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
n
■
n
Are weirs level?
■
❑
In
n
Is the site free of weir blockage?
■
❑
❑
❑
Is the site free of evidence of short-circuiting?
■
n
n
n
Is scum removal adequate?
■
n
n
n
Is the site free of excessive floating sludge?
■
Cl
n
n
Is the drive unit operational?
n
n
■
n
Is the return rate acceptable (low turbulence)?
■
n
n
n
Is the overflow clear of excessive solids/pin floc?
■
Cl
n
Cl
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?
4
Page
# 4
r

Permit: NC0075388 Owner - Facility: Pleasant Cove Home VW TP
Inspection Date: 04/29/2008 Inspection Type: Compliance Evaluation
Disinfection -Tablet
Yes
No
NA
NE
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?
Em
0
❑
❑
Comment:
De -chlorination
Yes
No
NA
NE
Type of system ?
Tablet
Is the feed ratio proportional to chlorine amount (1 to 1)?
❑
❑
IN
❑
Is storage appropriate for cylinders?
❑
❑
■
o
# Is de -chlorination substance stored away from chlorine containers?
®❑
❑
❑
Comment:
Are the tablets the proper size and type?
■
❑
❑
❑
Are tablet de -chlorinators operational?
®❑
❑
❑
Number of tubes in use?
Comment:
Pump Station - Effluent
Yes
No
NA
NE
Is the pump wet well free of bypass lines or structures?
■
❑
❑
❑
Are all pumps present?
■
0
❑
❑
Are all pumps operable?
■
❑
n
❑
Are float controls operable?
®
o
❑
❑
Is SCADA telemetry available and operational?
❑
❑
■
❑
Is audible and visual alarm available and operational?
■
❑
❑
❑
Comment: The pump station is checked weekly by raising float.
Effluent Pipe
Yes
No
NA
NE
Is right of way to the outfall properly maintained?
❑
❑
■
❑
Are the receiving water free of foam other than trace amounts and other debris?
■
❑
❑
❑
If effluent (diffuser pipes are required) are they operating properly?
❑
fl
®
❑
Comment: The effluent pipe is located at the corner of Dogwood Road and Robinson
Cover Road.
Page # &

LV-2008-0089, Havon, Inc, Pleasant Cove Home
Subject: LV-2008-0089, Havon, Inc, Pleasant Cove Home
From: Roy Davis <[e-mail]>
Date: Wed, 30 Apr 2008 16:04:45 -0400
To: Bob Guerra <[e-mail]>, Roger Edwards <[e-mail]>, Janet
Cantwell <[e-mail]>, Roy Davis <[e-mail]>
Bob: The Pleasant Cove Home WWTP has a terrible track record. The Regional Office has on several
occasions used the assessment of Civil Penalties against the owners to get their attention. Remission of
this Civil Penalty would not be helpful to our efforts. Attached you will fine a Assessment Factors work
sheet., Roy Davis
Roy Davis - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Roy Davis <Roy.Davis(ancmail.net>
NC DENR - Asheville Regional Office
Division of Water Quality - Water Quality Section
Content -Type: application/msword
LV-2008-0089 Assessment Factors.doc
Content -Encoding: base64
1 of 1 4/30/2008 4:04 PM

OF, w A rFR _ Michael F. fisley, Govern
O� William G. Ross Jr., Secretary
r
North Carolina Department'of Environment and Natural Resources
a .� Coleen H. Sullins, Director
Division of Water Quality .
.April 3, 2008
Juanita James
James & James Environmental- Mgt. `
PO Box 1354
Mountain Home, NC 28758
Subject: Remission Request of Civil Penalty Assessment
Case Number LV-2008-0089
Havon Inc = Pleasant Cove WWTP'
NPDES Permit NCO075388
Buncombe County
Dear'Mrs. James:
This letter is to acknowledge the receipt and of your request for remission of ..the civil penalties levied
against .the subject entity., A` copy is being sent to the Asheville Regional Office for input and
recommendations. 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 APR - 4 2008
Enforcement file w/originals
Central Files WATER CUAUTY sE o
P:S; LE.rE alCniAi' OLL FICE
r
Noe Carolina
)Vqtunally .
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 - Phone [phone] , Customer Service
Internet: www.ncwatMuality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone] • 1-877-623-6748
An Equal Opportunity/Affirmafive`Action Employer= 50% Recycled/1 0%Post Consumer Paper

JUSICATION FOR REMISSION REO'�.'3T
DWQ Case Number: LV-2008-M89 O County: Buncombe
Assessed Party: Havon Inc./ Pleasant Cove WWTP
Permit No.: NCO075388 Amount Assessed: $752.50
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 fitture 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}prjven," 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).
-�-�` AL
EXPLANATION: 1 r 12 C (;�YLIS � hAd CM CLLL
S,gn i r-L:� C�rrurty d -i1n e . basin -b breok,
lac+ vvas wasted inAD -\ eUInad air
P�Vm cLnck 6b&La4) was ell
SD anca W4 `fin
seems -\a be-
CLn
�r
I } APR - 4 2008
WATER OLIALITY SECTION
O'=
pSFiE\ll_L Fi :G 0'�r•,+_

STATE OF NORTH CAROLI ti,__� DEPARTML_-; - OF ENVIRONMENT
AND NATURAL RESOURCES'
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) . - ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
HAVON INC./ PLEASANT COVE WWTP )
PERMIT NO. NCO0753 88 ) FILE NO. LV-2008-0089
Having been assessed civil -penalties totaling $752.50 for violation(s) as set forth in the
assessment document. of the Division of Water Quality dated March 7, 2008, 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 . I _L4) day of 20?)&
MES & JAMES ENVR_ MANG,
P.O. BOX 1354
MOUNTAIN HOME, NC 28758
TELEPHONE

I � � A � � � ,- _ Michael F. Easley, Governor
y William G. Ross Jr., Secretary
North Carol?:__ _partment of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
SURFACE WATER PROTECTION SECTION
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr.Wittner Wright
Havon Inc.
P.O. Box 1180
Candler, North Carolina 28715
Dear Mr. Wright:
March 31, 2008
7007 1490 0004 0713 9868
Subject: NOTICE OF VIOLATION
NOV-2008-LV-0148
Permit No. NCO075388
Pleasant Cove Home WWTP
Buncombe County
Asheville Regional Office
A review of Pleasant Cove Home WWTP's monitoring report for January 2008 showed the
following violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
BOD, 5-Day (20 Deg. C)
01/04/08
45 mg/I
45.6 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 actions 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,
Roger C. Edwards, Regional Supervisor
Surface Water Protection'Section
�.- � :Q-SWP sfaevilJ Fi h
Asheville Regional Office
DWQ-SWP Central Files
Bob Guerra/ DWQ-SWP Enforcement Files .
James & James Environmental/ ORC
G:\WPDATA\DEMWQ\Buncombe\75388 Pleasant Cove-Canterbury\75388.NOV-2008-LV-0148.doc NorthCarolina
Nato"Iff
orth Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone [phone] Customer Service
Internet: www.ncwaterauality.org FAX [phone]

` James James Environmental My
System: '�- Permit Number
Canterbury Hills NC0075388-
Pleasant Cove Rest Home
JAMES & JAMES- ENVIRONMENTAL'MANAGEMENT
PO BOX 2354, MOUNTAIN HOME, NC 28758.
-OFFICE: (828) 6974063 FAX: [phone]
PERFORMANCE ANNUAL REPORT
2007
I. General Information
Facility/System-Name:
ResponsibieEntity:
MAR 1 1 2008 } i
�. _�
WATER QUALITY SECTION
__LE REGIONAL OFFICE
CANTERBURY,HILLS/PLEASANT COVE RH
WITTNER- WRIGHT
Person.in Charge/Contact: JAMES SMITH
Applicable: Permits):: NCO076388
Description of:Collection System or -Treatment Process:
An extended --aeration basin with a 12,000.gallon,treatment facility, clarifier, and
tablet#eed.chlorinator, chlorine contact chamber, digester, lift station force main
outfall; and.dechlorination unit.
II. -Performance
Text.Summary, of System Performance _for Calendar Year 2007
This. faciiity,was_acquired by James -&"James on January 29, 2007. The previous
operator.1eft the plant -in much disarray,and .a detailed report was .sent to the State
regional :office in Asheville. The plant:was p4mped and reseeded, had many
physical .repairs, .and; has- received -a lot -of. TLC.
List.(by Month) any violations of permit -conditions or other environmental
regulations. Monthly lists should include discussion of any environmental impacts
and corrective, measures taken to address violations. Attach additional sheets if needed.
February.. 1st TSS @ 72.5 averaged compliant made numerous repairs; May 15-fecal coliform @>600 colonies/100mis;July 24-fecal
coliform.@450 colonies/100mis;August-96-fecal coliform >600 colonies/100mIs;Setptem6er 5->600 colonies/100m1s;12th @520
colonies/100mis;20th @>600 colonies/100mis; October 4-TS8 @56.8mg/1 and 30th @51.5 mg/1(added alum and made time clock
adjustments); November.28 TSS@5%8 mgn.(effluent Gear.-poss.dechlor weighing heavy);Decernber BOD's 4th @140mg/1;11th@
65 mgll;am-age @54.2mglI;TSS 4th@49mgfl,11th@57.3mgll;avera9e@36.1mgn (organic loading entering the facility by means of
grease causing facility to not settle well;added time & alum; wasted)

James.James Environmental Mgr.; System: Permit Number
Canterbury Hills NCO075388
Pleasant Cove:Rest Home
III. . Notification
A.copy of this report° has been sent to the Owner with. directions to ,give notification
of the availability of this report to each.of their users. A certified statement will be
sent_to.the.State when this. issue has.been.rectified.
IV. Certification
I certify under.penalty of law that this report is complete and accurate to the best
of,my=knowledge. I further certify that this report has been made available to the
users or customers of the named system -and Ghat those users have been notified
of its availability. (please see below)
I certify t"at:this report has been.given to the Owner of this Entity with explicit
fi
directions to. make the user. aware of. the availability of this report and the
location with which a copy can be either viewed or received. James & James
Environmental cannot certify that the. latter has been completed and will enclose
a letter of certification to be mailed .to the State of North Carolina on behalf of this
Entity, alon '_ with:all pertinent information regarding this system for the conclusion
of,this reAment.
r. ,
Juana mimes/:James & James Environmental Management 2/20108
--� ....
Responsible Person Date
Title
Entity

James James Environmental System:
Canterbury Hills
Pleasant Cove Rest Home
JAMES4 JAMES, ENVIRONMENTAL MANAGEMENT
PO BOX 1354, MOUNTAINWOME,:NC 28758
OFFICE: (828)-697-0063 FAX: [phone]
PERFORMANCE ANNUAL- REPORT
I. _General -Information
Facility/System :Name: CANTERBURY,.HILLS/PLEASANT COVE RH
Responsible -Entity: WITTNER WRIGHT
Person in Charge/Contact: JAMES SMITH
Applicable. Permit(s): NCO075388
Permit Number
NCO075388
A copy -of the PERFORMANCE ANNUAL REPORT has already been .filed
with you by James & James Environmental Management and should be in your
possession at this time. On that report, the certification was stated .that I, the
owner.of-this.Entity, has received a_copy of,this .report and was directed to give
the -users knowledge of the reportand access.to it.
Therefore:
I certify under penalty of law that this, report prepared by James & James
Environmental -Management is complete and accurate to the best of my
knowledge. I further certify that this report has been made available to the users
or customers of.the named system and that those users have been notified of
its availability.
Responsible Person
Title
Entity
Date

Michael F. Easley, Governor
C� William G. Ross Jr., Secretary
rolina Departmen'. __,:-ivironment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
March 7, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7002 0460 0001 9899 7149
Mr. Wittner Wright
Havon Inc.
P.O. Box 1180
Candler, North Carolina 28715 -
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 NCO075388
Havon Inc.
Pleasant Cove Home WWTP
Case No. LV-2008-0089
Buncombe County
Dear Mr. Wright:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $752.50
($687.50 civil penalty + $65.00 enforcement costs) against Havon Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Havon Inc. for the month of December 2007. This review
has shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NCO 075388. The violations which occurred in December
2007 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Havon Inc. violated the terms,
conditions or requirements.of NPDES Permit NCO075388 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 Havon Inc.:
NorthCaroliva
A7111,rally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone(82II) 296-4500 Customer Service
Internet: www.ncwaterguality.org FAX [phone] 623-7748

I of the 2 violations of G:S"143=215.1(a)(6) and"NPDES Permit No.
$125.00 NC0075388, by discharging waste water into the waters of the State
in violation of the Pen -nit Daily Maximum limit for RES/TSS.
1 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$0.00 NC0075388, 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.
$0.00 NC0075388, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for RES/TSS.
2 of the 2 violations of G.S. 143-215. 1 (a)(6) and NPDES Permit No.
$250.00 NC0075388, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Pen -nit No.
$312.50 NC0075388, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD.
$687.50 TOTAL CIVIL PENALTY
$65.00 Enforcement Costs
$752.50 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 hann 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

�f
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 143B-282.I (b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether -the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support'of your request for remission must be submitted
in writing. The Director of the Division of 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 Corripliance/Enforeement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
xv
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

3
Administrative Hearings during -normal office hours. The Office of Ad:: strative 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
cc: W sh -viUl - Files w a, , -7 , en„s
WQ-SWP Central Files w/ att—aFfEeints
Bob Guerra/ WQ-SWP Enforcement Files w/ attachments
James & James Environmental/ ORC w/ attachments
GAWPDATA\DEMWQ\Buncombe\75388 Pleasant Cove-Canterbury\75388.LV-2008-0089.doc

JUST _ck'XATION FOR REMISSION REO'_i-_eJ3T
DWQ Case Number: LV 2008-M89 County: Buncombe
Assessed Party: Havon Inc./ Pleasant Cove WWTP
Permit No.: NCO075388 Amount Assessed: $752.50
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). I
(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.Zisted in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (Le.,, explain the steps that you took to correct the violation and prevent fitture 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 CAROLh-n
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
HAVON INC./ PLEASANT COVE WWTP
PERMIT NO. NCO0753 88
DEPARTMLa-,'T OF ENVIRONMENT
AND NATURAL RESOURCES -
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2008-0089
Having been assessed civil penalties totaling $752.50 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated March 7, 2008, 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 , 20
SIGNATURE
TELEPHONE

ATTACHMENT A
Havon Inc
CASE NUMBER: LV-2008-0089
PERMIT: NCO075388
FACILITY: Pleasant Cove Home VVWTP
COUNTY: Buncombe
REGION: Asheville
Limit Violations
PENALTY
MONITORING
OUTFALL/,
LOCATION
PARAMETER
VIOLATION FREQUENCY
UNIT OF
LIMIT
CALCULATED
% OVER
VIOLATION TYPE
REPORT
PPI
DATE
MEASURE
VALUE
LIMIT
$125.00
12-2007
001
Effluent
BOD
12/04/07 Weekly
mgA
45
140
211.11
Daily Maximum Exceeded
$125.00
12-2007
001
Effluent
BOD
12/11/07 Weekly
mgA
45
65
44.44
Daily Maximum Exceeded {
$312,50
12-2007
001
Effluent
BOD
12/31/07 Weekly
mgA
30
54.15
80.50
Monthly Average Exceeded
$.00
12-2007
001
Effluent
RES/TSS
12/04/07 Weekly
mgA
45
49
8.89
Daily Maximum Exceeded
$125.00
12-2007
001
Effluent
RES/TSS
12/11/07 Weekly
mgA
45
57.3
27.33
Daily Maximum Exceeded
$.00
12-2007
001
Effluent
RES/TSS
12/31/07 Weekly
mgA
30
36.05
20,17
Monthly Average Exceeded

Permit Enforcement History by Owner
Owner: Havon Inc
Facility: Pleasant Cove Home WWTP
Permit: NCO075388
Region: Asheville County: Buncombe
03/06/08
1
Case Number
MR
Penalty
Penalty
Enforcemen Damages
Remission Enf Conf Enf EMC
EMC OAH Collection
Total Paid
Balance Due Has
Case
Assessment
Amount
t Costs
Request Held Remission Hearing
Remission Remission Memo Sent
Pmt
Approved
Received Amount Held
Amount Amount to AGO
Plan
Closed
LV-2000-0165
05/22/00
$1.250.00
$73.11
06/23/00 01/23/01 $1,000.00
$323.11
$.00
No
04/18/01
r
LR-2006-0025
5-2006
07/21/06
$500.00
$100.00
$600.00
$.00
No
LR-2007-0002
8-2006
01/22/07
$1,000.00
$100.00 $.00
11/15/07
$1,100.00
No
LR-2007-0004
12-2006
02/20/07
$2,000.00
$100.00
$2.100.00
$.00
No
04/13/07
MV-2007-0002
1-2007 05/11/07
$750,00
$390.45
07/12/07 $1,140.45
No
LV-2007-0471
9-2007 12/07/07
$300.00
$65.07 12/27/07 $.00
$365.07
No
LV-2008-0027
10-2007 01/22/08
$100.00
$65.07 02/12/08
$165.07
No
LR-2007-0011
1-2007
$4,000.00
$100.00
09/13/07 $4.100.00
No
LV-2008-0089
12-2007
$687.50
$65.00
$752.50
No
Total Cases: 9 $10,587.60 $1,058.70
$3,023.11 $7,623.09
Total Penalties: $11,646.20 Total Penalties after remission(s): $10,646.20

DIVISION OF WAS ,. `t QUALITY - CIVIL PENALTY ASS�;a�1VIENT (FILE)
Q
Violator: Havon Inc/ Pleasant Cove WWTP
County: Buncombe
Case Number: LV-2008-0089
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;
There were two Daily Max BOD violations and one Monthly Average BOD violation. There were two
Daily Max Total Suspended Solids violations and one Monthly Average. Total Suspended Solids
violation.
3) The effect on ground or surface water quantity or quality or on air quality;
It is unknown.
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 is unknown.
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 four assessments in the past year. Balances are due on all four assessments.
8) The cost to the State of the enforcement procedures.
$65.00.
ate R g C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office

97FLUENT 7
NPDES PERMIT NO. NCO075388 DISCHA-RGE,,NO. 001 MONTH DECEMBER YEAFACILITY WATq-E:-"'�-"CAf4tEkgURY:'HILL/OL8A'tXNt-'COVE'Ri-'ST HOME CLASS 11 COUNTY BUNCOMBE
OPERATOR IN RESPONSIBLE CHARGE DAVID MSN GRADE IV PHONE [phone]
CERTMED,LA-IfpL_S(1), JAMES_-& JAMES ENVIRONMfNTAL MGT., INC. - #482 (2)Environmental Testing Solutions #600
P
CHECK BOX IF ORF COLLECTING SAMPLES DAVID McLEAN
PERSON(S) C
Mail ORIGINAL anilbNECOPY to: X 01-18-08
ATTN: CENTRAL IfILES FEB 2-12008 (Sl(jNAf-URE OF OPERATOR IN RESPONSIBLE CHARGE) DATE
DENR-DWQ BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS
1617MAIL SEAVICk CENTER ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
RALEIGH, N62769�4617
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Facility Status (Please check one of the following)
All monitoring data and sampling frequencies meet permit. requirements
Compliant
All monitoring data and sampling frequencies do NOT meet requirements
Noncompliant
If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc.
and a time table for improvements to be made.
NIL = NO LIMIT
" BOD = POLYSEED CONTROL WAS OUTSIDE ESTABLISHED LIMITS.
ORGANIC LOADING ENTERED THE FACILITY BY MEANS OF GREASE WHICH CAUSED THE FACILITY TO NOT
SETTLE WELL; TIME WAS ADDED TO THE FACILITY AND ALUMINUM SULFATE WAS ADDED TO ASSIST WITH THE
SETTLING; THE FACILTY TURNED AROUND THE END OF DECEMBER.
"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."
CANTERYBURY HILLS
Permittee (Please print or type)
S" nature of Perrpi tee**
VV
Date
3 DIX CREEK #1, LEICESTER
CANTERBURY HILLS P.O. BOX 1180,CANDLER, NC. 28715 828-697-0063
10-31-2010
Perm ittee Address Phone Number
Permit Exp. Date
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
00556 Oil & Grease
00600 Total Nitrogen
00610 Ammonia Nitrogen
00625 Total Kjeldhal
Nitrogen
000630 Nitrate(Nitrites
00665 Total Phosphorous
00720 Cyanide
00745 Total Sulfide
00927 Total Magnesium
00929 Totall Sodium
00940 Total Chloride
PARAMETER CODES
00951 Total Floudde
01002 Total Arsenic
01027 Cadmium
01032 Hexavalent Chromium
01034 Chromium
01037 Total Cobalt
01042 Copper
01045 Iron
01051 Lead
01067 Nickel
01077 Silver
01092 Zinc
01105 Aluminum
01147 Total Selenium
31616 Fecal Coliforrn
32730 Total Phenolics
34235 Benzene
34481 Toluene
38260 MBAS
39516 PCBs
50050 Flow
50060 Total
Residue
Chlorine
11.7
71900 Mercury
81551 Xylehe
Parameter Code assistance may obtained b calling the Water Quality Compliance Group at [phone], extension 581 or 534.
The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting
facility's permit for reporting data.
*ORC must visit facility and document visitation of facility as required per 15 A NCAC 8A .0202 (b) (5) (B).
**If signed by other than the pemrittee, delegation of signatory authority must be on file with the state per 15A NCAC 213.0506 (b)
(2) (D)•
80 H NVr

LV-2008-0027, Pleasant Cove
�-
Subject: LV-2008-0027, Pleasant Cove
From: Roy Davis <[e-mail]>
Date: Wed, 20 Feb 2008 11:30:49 -0500 .
To: Bob Guerra <[e-mail]>, Roger Edwards <[e-mail]>,
[e-mail], Roy Davis <[e-mail]>
Pleasent Cove has a long history of effluent limits violations; some resulting from failure to provide a
certified WWTP ORC. The Regional Office recommends that the penalty not be remitted in the hope
that penalties will eventually bring the facility around. See attached Civil Assessment Remission
Factors. Roy Davis
Roy Davis - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Roy Davis <Roy.Davisgncmail.net>
NC DENR - Asheville Regional Office
Division of Water Quality - Water Quality Section
Content -Type: application/msword
IV-2008-0027 Remission Factors.doe
Content -Encoding: base64
1 of 1 2/20/2008 11:32 AM

N
1
~ DWQ - CIVIL ASSESSMENT REMISSION FACTORS
Case Number: LV-2008-0027 Region: Asheville County:
Assessed Entity: Havon, Inc./ Pleasant Cove WWTP Permit:
Buncombe
NC0075388-
No❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
Notes
No❑ (b) Whether the violator promptly abated continuing environmental damage resulting from
the violation:
Notes: Frequent violations have occurred at this facility. This violation is attributed to a need to
adjust the blower timer and influent grease.
No ❑ (c) Whether the violation was inadvertent or a result of an accident:
Notes:
Yes❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
Notes:. Five previous effluent limits violations have occurred resulting in CPAs.
No❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:.
Notes:
DECISION (Check One) Rev. 7/2007
Request Denied ❑
Full Remission ❑ Retain Enforcement Cost? Yes ❑ No ❑
Partial Remission ❑ $ (Enter Amount)
Coleen H. Sullins Date

T JUS 1, _ [CATION,FOR REMISSION REQ
DWQ Case Number: LV-2008-0027 County: Buncombe
Assessed Party: Havon Inc./ Pleasant Cove WWTP
Permit No.: NC0075388 . Amount Assessed: $165.07
Please use this form when requesting remission of this civil penalty. You must also complete the
"RequestFor 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 anaccident (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 preveiii` 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: \Ne-- afe - wpcua� CU lice -�i� van ` 1rliS 11 cc 11 4D 9YLL � UV -
^recta- ( blern here = are. W Ic " vVeAt w,h our U09 Ls���n S`
�R-Cvr w , AYU,s is C- wDf- tin p yer-< Ne _wDLjd Gyp rece04
.Y.Sl�1C (Cci�7Cr1 D� Al ii3 y ,
1 V
F E.B 1 2 2008
? i 3
i
Yd

STAVE OF NORTH CAROL-, DEPARTN_Y. T OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) AR IINSTRATIVE HEARING AND
STIPULATION OF FACTS .
HAVON/. PLEASANT COVE WWTP )
PERMIT NO. NCO075388 ) FILE NO. LV-2008-0027
Having been assessed civil penalties. totaling $165.07 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated January 22, 2008, 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 Q"b � , 20()g
ADDRESS
1AMES & 1AMES ENVR. MANG.
00. BOX 1354
MOUNTAIN HOME, NC 28758

O�O W AT �9QG
� r
Q 'C
Juanita James
James & James Environmental Mgt.
PO Box 1354
Mountain Home, NC 28758
Dear Mrs. James:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
February 14, 2008
Coleen H. Sullins, Director
Division of Water Quality
irliIE
PU 5 2008
LwArE,4 c�L
ASNr-�>;, , _ ALITY SECTrofV
Subject: Remission Request of Civil Penalty Assessment I^F
Case Number LV-2008-0027
Havon Inc —Pleasant Cove WWTP
NPDES Permit NCO075388
Buncombe County
This letter is to acknowledge the receipt and of your request for remission of the civil penalties levied
against the subject entity. A copy is being sent to the Asheville Regional Office for input and
recommendations. 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
Eri orc file w/originals
Central Files
of`
NhCarolina
Naturall
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwatcrquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer —50% Recycled/10%a Post Consumer Paper

W A
�? r
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
February 11, 2008
CERTIFIED MAIL 7002-3150-0003-7052-6461
RETURN RECEIPT REQUESTED
James & James Environmental Management, Inc.
PO Box 1354
Mountain Home, NC 28758
Dear Mrs. James:
Coleen H. Sullins, Director
Division of Water Quality
,! L r.l
FEB i '5 2008
�
WATER QUALITY SECTION
ASHrVILLE RE_G OVAL O��:ICE
Subject: Remission Request of Civil Penalty Assessment
Havon Inc. / Pleasant Cove WWTP
NPDES Permit NCO075388
Buncombe County
Case Number LV-2007-0471
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 remit
your $365.07 civil penalty assessment and enforcement costs.
If you choose to pay the civil penalty assessments and enforcement costs of $365.07, please 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:
NoithCarolina
Aatura!!y
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwaterouality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
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,
�;�Coleen H. Sullins
Attachment
cc: Asheville. Regional OffieeV
Enforcement file
Central Files

f
STATE OF NORTH CAROLINA
County of Buncombe
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST: )
Havon Inc. WWTP NCO0753818 )
ENVIRONMENTAL MANAGEMENT
COMMISSION
DWQ Case Number LV-2007-0471
.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 indispute, my presentation will
be limited to five minutes in length.
This the day of , 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

W���9Q
_ E]FILE COPY
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Cara 11'pa"W of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
SURFACE WATER PROTECTION
February 5, 2008
I
CERTIFIED MAIL
RETURN. RECEIPT REQUESTED . 7002 046d°0001 9899 6661
Mr. Wittner Vllght
Havon Inc.-
P.O. Box 1180
Candler, Worth Carolina, 28715 .
Dear Mr. Mright:
Asheville Regional Office
t \
Subject: NOTICE OF VIOLATION
NOV-2008-LV-0060
Permit No. NCO075388
Pleasant Cove Home WWTP
Buncombe County
A review of Pleasant Cove Home WWTP's.monitoring report for November 2007 showed
the following violation:
Parameter
Date
Limit Value
Reported
Limit Type
Value
Solids, Total Suspended
11/28/07-
45 mg/I.
50.8 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 actions for this and any additional
violations of State law.
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone]
Internet: www.ncwatergualitV.org FAX [phone]
�.One Carolina
tllrQ�/l�
Customer Service
1-877-623-6748

Mr. Wittner Wright
February 5, 2008
Page Two
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 Don Price of this Office for additional information.
If you should have any questions, please do not hesitate to contact Janet Cantwell or me at
828/296-4500.
Sincerely,
IYT
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
r
WQ Central Files
Bob Guerra/ Enforcement Files
James & James Environmental/ ORC
GAWPDATA\DEMWQ\Buncombe\75388 Pleasant Cove-Canterbury\75388.NOV-2008-LV-0060.doc

0� ,q?'� Michael F. Easley, Governor
William G. Ross Jr., Secretary
F' LE C ® Ptorth Carolina Department _ Ironment and Natural Resources
7� Coleen H. Sullins, Director
Division of Water Quality
O �C
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
January 22, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7002 0460 0001 9899 6470
Mr. Wittner Wright
Pleasant Cove/ Havon Inc.
P.O. Box 1180
Candler, North Carolina 28715
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 NCO075388
Havon Inc.
Pleasant Cove Home WWTP
Case No. LV-2008-0027
Buncombe County
Dear Mr. Wright:
This letter transmits a.Notice of Violation and assessment of civil penalty in the amount of $165.07
($100.00 civil penalty + $65.07 enforcement costs) against Havon Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Havon Inc. for the month of October 2007. This review
has shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NC0075388. The violations which occurred in October
2007 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Havon Inc. violated the terms,
conditions or requirements of NPDES Permit NCO075388 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 Havon Inc.:
NorehCarolina
atura!!�
North -Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 623-7748

I of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0075388, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for RES/TSS.
$100.00 TOTAL CIVIL PENALTY
$65.07 Enforcement Costs
$165.07 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
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 Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be

�7
. 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) 17, 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

OR
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
cc: WQ shevi�ll - F'�►les w/ attac ents
- - Central Files w/ attachments
Bob Guerra/ Enforcement Files w/ attachments
James & James Environmental w/ attachments
GAWPDATA\DEMWQ\Buncombe\75388 Pleasant Cove-Canterbury\75388.LV-2008-0027.P1easantCove.doc

JUS'� �. YCATION FOR REMISSION REQIIb ,1ST
DWQ Case Number: LV-2008-0027 County: Buncombe
Assessed Party: Havon Inc./ Pleasant Cove WWTP
Permit No.: NC0075388 Amount Assessed: $165.07
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 CAROL.
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
HAVON/ PLEASANT COVE WWTP
PERMIT NO. NC0075388
DEPARTM—.: ; T OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2008-0027
Having been assessed civil penalties totaling $165.07 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated January 22, 2008, 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
0101910019-0
20

ATTACHMENT A
Havon Inc
CASE NUMBER: LV-2008-0027
PERMIT: N00075388
FACILITY: Pleasant Cove Home WWTP
COUNTY: Buncombe
REGION: Asheville
Limit Violations
MONITORING
OUTFALL/
VIOLATION
UNIT OF
CALCULATED
% OVER
PENALTY REPORT
PPI
LOCATION PARAMETER
DATE FREQUENCY
MEASURE LIMIT
VALUE
LIMIT
VIOLATION TYPE
$100.00 10-2007
001
Effluent RESfrSS
10/04/07 Weekly
mg/l 45
56.8
26.22
Daily Maximum Exceeded
$.00 10-2D07
001
Effluent RES/TSS
10/30/07 Weekly
mg/I 45
51.5
14.44
Daily Maximum Exceeded

DIVISION OF Wh t �A QUALITY - CIVIL PENALTY AS ..k3�MENT (FILE)
Violator: Havon Inc./Pleasant Cove WWTP: NCO075388
County: Buncombe
Case Number: - LV-2008-0027
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;
There was no quantifiable harm to the public health or to private property; however, all effluent
violations are detrimental to the receiving stream.
2) The duration and gravity of the violation;
There were two Daily Max violations of Total Suspended Solids which exceeded permit limits
by 26.22 % and 14.44 %.
3) The effect on ground or surface water quantity or quality or on air quality;
All significant 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 is unknown.
7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
There have been three prior assessments for limits and monitoring violations in the past year.
8) The cost to the State of the enforcement procedures.
$65.07.
112
Date Roger . Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office'

E FL
NPDES PERMIT NO'., NCO075388 DISCHARGE NO. 001 MONTH OCTOBER YEA2007
FACILITY NAME CANTERBURY HILL/PLEASANT COVE REST HOME CLASS 11 COUNTY BUNCOMBE
C
OPERATOR IN RESPONSIBLEHARGE (ORC) . CHARLIE SEY GRADE 11 PHONE [phone]
CERTIFIED LABORATORIES (1) JAMES i JAMES ENVIRONMENTAL MGT., INC. - #482 (2)
CHECK BOX IF ORC HAS CHANGED.- PERSO)J(S) COLLECTING SAMPLES CHARLIE tA$O
Mail ORIGINAL and ONE -COP V to: 11-20-07
•117
ATTN: CENTRAL V:M6 1, 1Tf1A111:Z-0fqqf`ERAT0R RJRESPONS113LE CHARGE) U DATE
THIS S
/fURE, I CERZVIFY THAT THIS REPORT IS
DENR-DWQ IGNA
1617NIAIL SERVICkk,ENTER ACCURATE AND COMPLETE TO THE REST OF MY KNOWLEDGE.
RALE IGH, NC 27699-'1417%-,
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0.012
NL.
6--9-
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30145
.21/35
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2 mi
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I
f
4
Facility Status (Please,check.one of the4ollowing)
All monitoring data and sampling frequencies meet permit requirements
Compliant
All monitoring data.and sampling frequencies do NOT meet requirements
Noncompliant
If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc.
and a time table for improvements to be made.
NL = NO LIMIT
*ALL QC FAILURE; RESULT & DATA INVALID; RESULTS >18.4 MG/L
19:9
NIGHT TIME TEMP
"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."
CANTERYBURY HILLS
Permittee (PlWase print or
11 /20/2007
3 DIX CREEK#1, LEICESTER
CANTERBURY HILLS P.O. BOX 1180,CANDLER, NC. 28715 828-697-0063 10-31-2010
Permittee Address Phone Number Permit Exp. Date
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
PARAMETER CODES
00556 Oil & Grease 00951 Total Flouride
00600 Total Nitrogen 01002 Total Arsenic
00610 Ammonia Nitrogen
00625 Total Kjeldhal 01027 Cadmium
Nitrogen
000630 Nitrate/Nitrites 01032 Hexavalent Chromium
01034 Chromium
00665 Total Phosphorous
00720 Cyanide 01037 Total Cobalt
00745 Total Sulfide 01042 Copper
.00927 Total Magnesium
00929 Totall Sodium 01045 Iron
00940 Total Chloride 01051 Lead
01067 Nickel
01077 Silver
01092 Zinc
01105 Aluminum
01147 Total Selenium
31616 Fecal Coliform
32730 Total Phenolics
34235 Benzene
34481 Toluene
38260 MBAS
39516 PCBs
50050 Flow
50060 Total
Residue
Chlorine
11.7
71900 Mercury
81551 Xylene
Parameter Code assistance may obtaihed b calling the Water Quality Compliance Group at [phone], extension 581 or 534.
The monthly -average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting
facility's permit for reporting data.
*ORC must visit facility and document visitation of facility as required per 15 A NCAC 8A .0202 (b) (5) (B).
—If signed by other than the pemrittee, delegation of signatory authority must be on file with the state per 15A NCAC 213.0506 (b)
(2) (D)•

LV-2007-0471-Remission Factors
.i
Subject: LV-2007-0471-Remission Factors
From: Roy Davis <[e-mail]>
Date: Mon, 07 Jan 2008 10:06:06 -0500
To: Bob Guerra <[e-mail]>, "roger.edwards >> Roger Edwards"
<[e-mail]>, "janet.cantwell >> Janet Cantwell" <[e-mail]>, Roy
Davis <[e-mail]>
Bob: The ARO recommends no remissin for the reason that the owners have been assesssed four civil
penalties for events relating to failure to provide an ORC for the period of time focused upon late
2006-early 2007 and their remission reques made no sense what -so -ever. Roy Davis
Roy Davis - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Roy Davis <[e-mail]>
NC DENR - Asheville Regional Office
Division of Water Quality - Water Quality Section
1 of 1 1/7/2008 10:06 AM

Case Number:
Assessed Entity:
DWQ - CIVIL ASSESSMENT REMISSION FACTORS
LV-2007-0471 Region: - Asheville
Havon. Inc./ Pleasant Cove WWTP
County:
Permit:
Buncombe
NCO075388
No❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
Notes:
Yes❑ (b) Whether the violator promptly abated continuing environmental damage resulting from
the violation:
Notes: Apparently yes.
No❑ (c) Whether the violation was inadvertent or a result of an accident:
Notes: I have to presume that this answer is "no". I cannot answer this question fully for the reason that
the Remission Request contained an explanation which made no sense what -so -ever.
Yes❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
Notes: Four previous violations, totaling $7,750, have been assessed. For a period of time spanning the
end of 2006 to the beginning of 2007 the permit holder was without an ORC.
No[-] (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
.remedial actions:
Notes:
DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Cost? Yes ❑ No ❑
Partial Remission ❑ $ (Enter Amount)
Rev. 7/2007
Coleen H. Sullins Date

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 28, 2007
James M. Scott
Havon Inc./ Pleasant Cove
P.O. Box 1180
Candler, NC 28715
Subject: Remission Request of Civil Penalty Assessment .
Case Number LV-2007-0471
Havon Inc./ Pleasant Cove WWTP
NPDES Permit NCO075388
Buncombe County
Dear Mr. Scott:
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. A copy is being sent to the Asheville Regional Office for input and
recommendations. 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,Regignal-Office
Enforcement file w/originals
Central Files
JAN - 1 2008
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone]
Internet: www.ncwatgMuali!y.org Location:. 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
o°e Carolina
NNaturally
Customer Service
1-877-623-6748
An Equal Opportunity/Affirmative Action Employer —50% Recycled/10% Post Consumer Paper

0
JUS i aICATION FOR REMISSION REG u it ST
DWQ Case Number: LV-2007-0471 County: Buncombe
Assessed Party: Havon Inc./ Pleasant Cove
Permit No.:: NCO075388 Amount Assessed: $365.07
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.l(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:
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7 2007
s
DDp,ENR WAITER pMAlli,{

L
STATE OF NORTH CAROLfniA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
HAVON INC./ PLEASANT COVE 1
PERMIT NO. NCO075388 ) FILE NO. LV-2007-0471
Having been assessed civil penalties totaling $365.07 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated December 7, 2007, 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 14 day of 2 , 20 a 7
ADDRESS
p C/ 6oX 11'-o
TELEPHONE
L�� DEC 27 2007
DENR - DATER QUALITY
'OIF'T :SOURCE 0-11RA ?QN

W A doTF�Q
o,
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carol..___ epartment of Environment and Natural Resources
6
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
December 7, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Wittner Wright
Havon Inc.
P.O. Box 1180
Candler, North Carolina 28715
Subject: NOTICE OF VIOLATION
NOV-2007-LV-0586
Permit No. NCO075388
Pleasant Cove Home WWTP
Buncombe County
Dear Mr. Wright:
A review of Pleasant Cove Home WWTP's monitoring report for August 2007 showed the
following violations:
Parameter
Date
Limit Value
Reported
Limit Type
Value
Coliform, Fecal MF, M-
08/16/07
400
600 #/100ml
Daily
FC Broth,44.5C
#/100ml
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 actions for this and any additional
violations of State law.
NorthCarolina
Aa&rallrff
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone]

M
Mr. Wittner Wright- _
December 7, 2007
Page 2
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
A ' applying for a Special Order by Consent. You may contact Don Price of this Office for additional
information.
If you should have any questions, please do not hesitate to contact Janet Cantwell or me at
828/296-4500.
Sincerely, p
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ap"Q Asheville i es
WQ Central Files
Bob Guerra/ Enforcement Files
James & James Environmental/ ORC

0
Michael F. Easley, Governor
F3FILE
CeY rolina Department r4�. William G. Ross Jr., Secretary
J,(ironment and Natural Resources
SURFACE WATER PROTECTION SECTION
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Wittner Wright
Havon Inc./ Pleasant Cove .
P.O. Box 1180
Candler, North Carolina 28115
December 7, 2007
7006 3450 0002 7064 2165
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
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 NCO075388
Havon Inc.
Pleasant Cove Home WWTP
Case No. LV-2007-0471
Buncombe County
Dear Mr. Wright:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $365.07
($300.00 civil penalty + $65.07 enforcement costs) against Havon Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Havon Inc. for the month of September 2007. This review
has shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NCO 075388. The violations which occurred in September
2007 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Havon Inc. violated the terms,
conditions or requirements of NPDES Permit NCO075388 and G.S. 143-215.1(a)(6) in the manner
and extent shown in Attachment A. In accordance with the maximumsestablished 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 Havon Inc.:
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.orn FAX [phone] 623-7748

3 of the 3 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$300.00 NC0075388, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
$300.00 TOTAL CIVIL PENALTY
$65.07 Enforcement Costs
$365.07 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:
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
s
��a 7
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 OR -
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 d ,ring normal office hours. -The Office of Administrative Hearings
accepts filings Monday tjugh 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, _
t7c. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc.: W • ' sli�l�l - F�i�les w attaclunent
WQ Central Files w/ attachments
Bob Guerra/ Enforcement Files w/ attachments
James & James Environmental/ ORC w/ attachments

JUS [CATION FOR REMISSION REG's-�:ST
DWQ Case Number: LV-2007-0471
Assessed Party: Havon Incd Pleasant Cove
Permit No.: NC0075388
County: Buncombe
Amount Assessed: $365.07
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 CAROL�_« DEPARTN..:,.T OF ENVIRONMENT,
AND NATURAL RESOURCES
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
HAVON INC./ PLEASANT COVE 1
PERMIT NO. NCO075388 ) FILE NO. LV-2007-0471
Having been assessed civil penalties totaling $365.07 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated December 7, 2007, 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
M1797.7=
TELEPHONE
SIGNATURE
20

ATTACHMENT A
-
-
Havon Inc
CASE -NUMBER: LV-2007-0471
-
PERMIT: NCO075388
FACILITY: Pleasant Cove Home WWTP
COUNTY: Buncombe
REGION: :Asheville
Limit Violations
MONITORING 'OUTFALL/
VIOLATION
DATE FREQUENCY
UNIT OF
MEASURE
LIMIT
CALCULATED
VALUE
% OVER
LIMIT
VIOLATION TYPE
PENALTY REPORT
PPI
LOCATION
PARAMETER
$100.00-• 9-2007
'001
Effluent
FEC COLI
09/08/07 Weekly
#/loom]
400
600
50.00
Daily Maximum Exceeded
$100.00 9-2007
001
Effluent
FEC COLI
09/12/07 Weekly.
#/loom]
400.
526
30.00
Daily Maximum Exceeded
$100:00 9-2007
001
Effluent
FEC COLI
09/26/07 Weekly
#/loom[
400
" 600
50.00
Daily Maximum Exceeded

NPDES PERMIT NO. NCO075388
FACILITY LfA-ERBqRY HILLIPL
OPERATORIN RESPONSIBLE CHAR CH
pp
EFFLUENT F V®
DISCHARGE NO. 001 MONTH SEPTEMBER YEAR 2007
ASANT COVE REST HOME CLASS II COUNTY BUNCOMBE.
CERTIFIED` RA QRIES1� ). JAMES & JAMES
CHECK BOX 1F O . CHOGEIF I ` •° _ f'
Mail ORIGINAL a�jjd 011iE COPY to: I ;1
,l.;..
ATTN: CENTW ST' Iill
007
DENR-DWQ LI [ 11 L.
1617MAIL SERVICE�TER
91
RALEIGH, Nk 27 61•. t
�.-............._ W--.,e�A
GRADE 11 PHONE [phone]
RONMENTAL MGT., INC. - #482 (2) -
3ON(S) COLLECTING SAMPLES CHARLIIE CASEY
X !ILL j. 10/1910,
IGNATURE OF OPERATOR IN RES SIBLE CHARGE) DATE
BY THIS SIGNATURE, I CERTIF THAT THIS REPN�11 � s et� "� = a
ACCURATE AND COMPLETE TO THE BEST OF DIY KNOWLEDGE
•%`ice •;i `u
—
T��eU4� u��l����••
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-----��i�,��l�l��i��=°101�s[��®
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Facility Status (please check oneof the following)
All monitoring data and sampling frequencies meet permit requirements
Compliant
All monitoring data and sampling frequencies do NOT meet requirements
Noncompliant
If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc.
and a time table for improvements to be made.
NL,= NO LIMIT
*SAMPLE DID NOT TAKE 2 & LEAVE 1; RESULT OK
SAMPLE DID NOT TAKE 2 & LEAVE 1; RESULT OK
ELEVATED FECAL COLIFORM ON THREE DAYS; INCREASING CHLORINE RESIDUALS.
"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'filse- information, Including the possibility of fines and imprisonmentfor knowing violations."
CANITERYBURY HILLS
Permittee (Please print or type)
�,r- 10/19/2007
nature Ptee" Pertee**Date
fe J
3 DIX CREEK #11, LEICESTER
CANTERBURY HILLS P.O. BOX 1180,CANDLER, NC. 28715 828-697-0063 10-31-,2010
Perm Ittee Address Phone Number Permit Exp: Date
PARAMETER CODES
00010 Temperature 00556 Oil & Grease 00951 Total Flouride 01067 Nickel 50060.Total.
00076 Turbidity
00600 Total Nitrogen 01002 Total Arsenic .01077 Silver Residue
00080 Color (Pt -Co) 00610 Ammonia Nitrogen 01092 Zinc Chlorine
00082 Color (ADMI) 00625 Total lqeldhal 01027 Cadmium 011.05 Aluminum
Nitrogen
.00095 Conductivity 000630 Nitrate/Nitrkes 01032 Hexavalent Chromium 01147 Total Selenium 11.7
0000 Dissolved Oxygen 01034 Chromium 31616 Fecal Coliform 71900 Mercury
00310 BOD5 00665 Total Phosphorous 32730 Total Phenolics 81551 Xylene
00340 COD 00720 Cyanide 01037 Total Cobat 34235 Benzene
00400 pH 00745 Total Sulfide 01042 Copper 34481 toluene
00530 Total Suspended 00927'Total Magnesium 38260 MBAS
Residue 00929 Totall Sodium 01045 Iron 39516 PCBs
00546 Settleable Matter 00940 Total Chloride --01051 Lead .50050 Flow
Parameter Code assistance may obtained b calling the Water Quality Compliance Group at [phone], extension 581 or 534.
The monthly average for fecal collf6rm is to be reported as a GEOMETRIC mean. Use only units designated in the reporting
facility's permit for reporting data.
*ORC must visit facility and document visitation of facility as required per 15 A NCAC 8A.0202 (b) (5) (B).
**If signed by other than the perrmittee, delegation of signatory per
nl"hthe state per 15A NCAC 213.0506 (b)
authon W6
(2) (D).

DIVISION OF WA iL r,R QUALITY - CIVIL PENALTY ASSES-SMENT (FILE)
Violator:- Havon Inc./ Pleasant Cove
County: Buncombe
Case Number: LV-2007-0471
I:T►XY�1.X� 11�► IT71 ����)R:
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;
There was no quantifiable harm to the natural resources of the State, to the public health, or to
private property; however, all effluent violations are detrimental to the receiving stream.
2) The duration and gravity of the violation;
There were three Daily Max Fecal violations which exceeded the permit limits by 50.00 %, 30.00 %
and 50.00 %.
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;
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;
The operator stated on the DMR that lie was increasing chlorine residuals.
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 four assessments in the past year amounting to $7,750.00 (not including
enforcement costs).
8) The cost to the State of the enforcement procedures.
$65.07.
ate RGgei C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office

SENDER: COMPLETE THIS SECTION COMPLETE T"IS SECTION ON DELIVERY
A plate items 1, 2,'and 3. Also complete ILSIOna re4 if Restricted Delivery is desired.. ❑ Agent.r-u urnamAand-address on the reverse_ ❑ Addresses
North Carolina Department of Hnted Name) C. Date of Delivery ;
Environment and Natural Resources fib
2090 U.S. Highway 70, Swannanoa, Nc 281
NCDENR Gpbm m t? No
WITTNER WRIGHT MAY 21 2007
�N HAVON INC/PLEASANT COVE HOME - E
POST OFFICE BOX 1180 ; s. Sery h
- CANDLER NC 28715 Itm 4 II
- R red eceipt for Merchandise_
❑ Insured Mail C.O.D.
% '4. Restricted Dellveryl(F.xtra Fee) ' ❑ _
/-�' 7006 2150 0005 2459 6073
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PS Form 3811,-February 2004 Domestic Return Receipt- 102595-02-M•1540
r 7006 21'50 0005''2459 6073
_ - North C
`� • ; " Environment a
2090 U.S. Highway,79; Sw.
J . � NCDENR
WITTNER WRIGHT
HAVON INC/PLEASANT COVE HOME
POST OFFICE BOX 1180 '
CANDLER NC 28715

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CoOlty: BUNCOMBE Sample ID: AB24038
River Basin b� \hlA PO Number# ARO
Report To AROSP t0`S . Q \ Date Received: 11/19/2007
"Int ^ Time Received: 10:25
Collector: R DAVIS .� \`,`J\
ARO Labworks LoginlD JSMITH
Region: v
Date Reported: 11l26/07
Sample Matrix: Wastewater
Report Generated: 11/26/2007
Loc. Type: Effluent `
Emergency Yes/No
VisitlD
COC Yes/No
Loc. Descr.: TWO INCH PIPE TO POLE CREEK
I Location ID: POLECKI I Collect Date: 1111912007 I Collect Time:: 09:30 I Sample Depth
Sample Qualifiers and Comments
Routine Qualifiers
For a more detailed description of these qualifier codes refer; to www.dwgiab.org under Staff Access
A -Value reported is the average of two or more determinations
N3-Estimated concentration is < PQL and >MDL
B1-Countable membranes with <20 colonies; Estimated
NE -No established PQL
B2- Counts from all filters were zero. i.
P-Elevated PQL due to matrix interference and/or sample dilution
B3- Countable membranes with more than 60 or 80 colonies; Estimated
' Q1=Holding time exceeded prior to receipt at lab
B4-Filters have counts of both >60 or 80 and < 20; Estimated ( -'
f i Q2- Holding time exceeded.following receipt by lab y r
B5-Too many colonies were present; too numerous to count (TNTC) ` I f j; PQL- Practical Quantitation Li R=sub ectlo�.chahge diie to iristrusi sensitl
J2- Reported value failed to meet QC criteria for either precision or accuracy; Estimated >•
U- Samples analyzed for this compound but not detected - _._____
J3-The sample matrix interfered with the ability to make any accurate determination; Estimated �— -" " • _ ; , t
X1- Sample not analyzed for thig co Rd--
J6-The lab analysis was from an unpreserved or improperly chemically preserved sample; Estimated
Ni-The component has been tentatively identified based on mass spectral library search and has an estimated value
r
2 ARO
-� Y S�CTIOIJ
WR.TER -F;CE
Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 [phone] a Page 1 of 2 M f g

NC DWQQ Laboratory Section Resufts Sample ID AB24038
Location ID: , POLECK1 Collect Date: 11/19/2007
Loc. Descr.: TWO INCH PIPE TO POLE CREEK Collect Time:: 09:30
Visit ID
CAS # Analyte Name PQL Result Qualifier Units Analyst/Date Approved By /Date
Sample temperature at receipt by lab
lA
•?.�,
l: jolvu i n
rvuvl � i nio
Method Reference
oil to"
11/19/07
11/26/07
Colfform, MF Fecal In liquid
1 ' -"'� "'+' 1• B2- -
w,{ • ,
CFU/100ml JSMITH
CGREEN
Method Reference APHA9222D-20th
,.
11/19/07
11/26/07
Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 2704-'162� (919)'733-3908 Page 2 of 2

COUNTY MU N C Om Q E
RIVER BASIN:
REPORT TO Regjon.IOffice
Other :
COLLECTOR(S)
Estimated BOD Range:
Seed: Chlorinated:
Station N/Location Code A Date Begin (yy/mm/dd)
Ci� Y OI 111% 1 �__
BOD 310 mg/L
COD High 340 mgtL
COD Low 335 mg/L
Coliform: MF Fecal 31616 /100ml
Coliform: MF Total 31504 /100ml
Coliform: tube Fecal 31615 /100m1
Colifonn: Fecal Strep 31673 /100m1
Residue: Total 500 mg/L.
Volatile 505 mgtL
Fixed 510 mg/L
Residue: Suspended 530 mg/L
Volatile 535 mF/L
Fixed 540 mg/L
pH 403 units
Acidity to pH 4.5 436 mg/L
Acidity to pH8.3 435 m8/L
Alkalinity to pH 8,3 415 mg/L
Alkalinity to pH 4.5 410 mg/L
TOC 680 .9/L
Turbidity 76 NTU
Coliform Total Tube "/100 mis
COMMENTS: S (%
� 1 SCF.I AiZ
DIVISION OF WATER QUALITY
Chemistry Laboratory Report/Water Quality Lab Number It�a�}p7j$
❑ SAMPLE TYPE Date Received:
PRIORITY Time Received :
❑ AMBIENT ❑ QA ❑(
STREAM EFFLUENT Received By r�vt S
COMPLIANCE ❑ CHAIN OF CUSTODY ❑ LAKE ❑ INFLUENT
❑ EMERGENCY VISIT
!-.J ❑ESTUARY Data Released
Date Reported
Station Location: oS�l �Dt $CNAK6 IN G
Remarlu: -ram �O;, "C '� +r, (4-Z I N CR S ECT/ O 7V C
9C) G-LA.; d bra' 910_5 I nl S Q 1V cove- P,c) S
Date End (yy/mm/dd) Time Begin Time End Depth- DM, DB, DBM Value Type - A, H, L Composite T, S, Sample Type
�,. ;. G
d og3c� ,.e� •
Chloride 940 m8fl,
Chl a: Tri 32217 ug/L
Chi a: Corr 32209 ug/L
Pheophytin a 32213 ug/L
Color: True 80 ' C.U.
Color: (pH) 83 pH" C.U.
Color: pH 7.6 82 C.U.
Cyanide 720 mg/L
Fluoride 951 mg/L,
Formaldehyde 718 00 M91L
Grease and Oils 556 mg/L
Hardness Total 900 mg/L
Specific Cond. 95 umhos/cm
MBAS 38260 mg/L
Phenols 32730 ug/L
Sulfate 945 mg(L
Sulfide 745 mg/L
Boron
Tannin & Lignin ug/L
Hexavalent Chromium ug/L
Bicarbonate mg/L
Carbonate mg/L
Total Dissolved Solids mg/L
wA Q m A
' All'
N113 as N 610 - mg/L
d
TKN an N 625 mg(L.
NO2 plus NO3 as N 630 mgtL
P: Total as P 665 mg/L
PO4 as P 70507 mg1L
P: Dissolved as P 666 mg/L
K-Potassium mg/l,
Cd-Cadmium 1027 ug/L
Cr-Chromium:Total 1034 ug/L
Cu- Copper 1042 ag/I-
Ni-Nickel 1067 ug/L
Pb- Lead 1051 ug/L.
Zn- Zinc 1092 ug/L
V-Vanadium ug/I-
Ag- Silver 1077 ug/L
AI- Aluminum 1105 ug/L.
Be- Beryllium 1012 ug/L
Ca- Calcium 916 mg/L
Co -Cobalt 1037 ug/L
Fe- Iron 1045 ug/L
Mo-Molybdenum ug/L
Sb-Antimony ug/L
Sn-Tin ug/L
TI-Thallium ug/L
Ti-Titanium ug/L
11g-1631 nglL
Li -Lithium 1132 ug/L
Mg. Magnesium 927 mg/L
Mn-Manganese 1055 ug/L
Na- Sodium 929 mg/L
Arsenic:Total 1002 ug/L
Sc, Selenium 1147 ug/L
Hg- Mercury 71900 ug/L
Ba-Barium ug/L
Orgmachlorine Pesticides
Ornophosphoms Pesticides
im
Acid Herbicides
Base/Neutral&Acid Extractable Organic
TPH Diesel Range
Purgeable Orypinics (VOA bottle req'd)
TPH Gasoline Range
TPH/BTEX Gasoline Ranee
ITemperature on arrival (°C): ; . T
0 S S18L y

10/23/2007 08:5"4 FAX [phone] HARRYJAMES
d s,
-e '
[] 002
JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 1354, MOUNTAIN HOME, NC 28758
[phone] OFFICE
[phone] FAX
l
10/22/07
Janet Cantwell
DWQ
2090 US Highway 70
Swanoanoa, NC 28778
Re;,_NG_ -2007=LV=0490--^�
parmtt,No: TT�00ZS388 `} <
Pitasant Cove Howie WWII' ,
Dear Ms. Cantwel 1,
The NOV dated 10/15/07 was received by the Pleasant Cove Home and was transferred to me for
response. The NOV was for and elevated 130.0-5 day with a result of 53.4 mg/i and a limit of 30/45 mg/I.
James & James was in the process of bringing this facility back to a continuous opportunity for
Compliance, This was a needed transformation for this treatment plant and a work in progress for the
facility. We instructed the facility as to the type of cleaning agents that could be used without harm to the
facility.
James & James, as you are aware, acquired the facility in much disarray. As pertinent items were
fixed, those items that were of a lesser nature became prevalent. These items were also addressed as they
revealed themselves, but this was over an extended period of time. We believe that we have greatly tamed
the facility, but will have other repairs to make as time progresses.
qThank you, r� n .
u6-�c' { f
Juanita James

OR
W!i%
i�i �IMi1T++�'31rISi]itiy{,'ti:A'A9Y:SA'rv.
1
Michael F. Easley, Governor
F
�0
William G. Ross Jr., Secretary
T&ih Carolina Department of Environment and Natural Resources
y:zw,,.;.:
r
:a
�t ,..J,xr• ,.,,�=.Y
Coleen H. Sullins, Director
—�
Division of Water Quality
p 'C'
Asheville Regional Office
SURFACE WATER`PROTECTION
October 15, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 7064 '1250
Mr. Wittner Wright
Havon Inc:
P.O. Box 1180
Candler, North Carolina 28715
Subject: NOTICE OF VIOLATION
NOV-2007-LV-0490
Permit No. NCO075388
Pleasant Cove Home WWTP
Buncombe County
Dear Mr. Wright:
A review of Pleasant Cove Home WWTP's monitoring report for April 2007 showed the
following violation:
Parameter
Date
Limit Value
Reported
Limit Type
Value
BOD, 5-Day (20 Deg. C)
04/03/07
45 mg/I
53.4 mg/I
Daily
Maximum
Exceeded
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.
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."
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.
IVo°thCarolma
�%!It!l idly
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.orp FAX [phone]

Rage 2 `
Mr. Wittner Wright
If you should have any questions, please do not hesitate to contact Janet Cantwell at
828-296-4500, Ext. 4667.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
c�-- �Q Ashevill sae--
WQ Central Files
Bob -Guerra/ Enforcement Files
James & James Environmental/ ORC

OFWA
k:
Michael F. Easley, Governor
,)�
a
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
C13
��.
Coleen H. Sullins, Director
Y
Division of Water Quality
Q
t
,,
Asheville Regional Office
SURFACE WATER PROTECTION
October 15, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 7064 1281
Mr. Wittner Wright
Havon Inc..
P:O. Box 1180
Candler, North Carolina 28715
Subject: NOTICE OF VIOLATION
NOV-2007-LV-0492
Permit No. NCO075388
Pleasant Cove Home WWTP
Buncombe County
Dear Mr. Wright:
A review of Pleasant Cove Home WWTP's monitoring report for July 2007 showed the
following violation:
Parameter
Date
Limit Value
Reported
Limit Type
Value
Coliform, Fecal MF, M-
07/24/07
400
450 #/100ml
Daily
FC Broth,44.5C
#/100mi
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 actions for this and any additional violations.
If you should have any questions, please do not hesitate to contact Janet Cantwell or me at
828/296-4500.
yc: WQ Ashe�rillle Files �'�..s �'
WQ Central Files,
Bob Guerra/ Enforcement Files
James & James Environmental
Sincerely,
#6 V A 4�d'
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
NoorthCarolina
Nawa!!il
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterouality.om FAX [phone]

Michael F. Easley, Governor
North Carolina Department
William G. Ross Jr., Secretary
of Environment and Natural Resources
z
Coleen H. Sullins, Director
%taaa avxce,' wn=',ar;`..
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION L
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Wittner Wright
Havon Inc. -
P.b. Box 1180
Candler-, North Carolina 28715
October 15, 2007
7006 3450 0002 7064 1298
Subject: NOTICE OF VIOLATION
NOV-2007-LV-0491
Permit No. NCO075388
Pleasant Cove Home WWTP
Buncombe County
Dear Mr. Wright:
A review of Pleasant Cove Home WWTP's monitoring report for May 2007 showed the
following violation:
Parameter
Date
Limit Value
Reported
Limit Type
Value
Coliform, Fecal MF, M-
05/15/07
400
600 #/100ml
Daily
FC Broth,44.5C
#/100m1
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 actions for this and. any additional violations.
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
��1/:1IAsl�evllle�iles .
WQ Central Files
Bob Guerra/ Enforcement Files
James & James Environmental/ ORC
NorthCarolina
. �11t11Cli��1,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]

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Wittner Wright
Havon Inc./Pleasant Cove Home
P.O. Box 1180
Candler, North Carolina 28715
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department : _: ,ivironment and Natural Resources
May 11, 2007
7006 2150 0005 2459 6073
Alan W. Klimek, P.E. Director
Division of Water Quality
Asheville Regional Office
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 NCO075388
Havon Inc.
Pleasant Cove Home WWTP
Case No. MV-2007-0002
Buncombe County
Dear Mr. Wright:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,140.45 ($750.00 civil penalty + $390.45 enforcement costs) against Havon Inc./Pleasant Cove
Home.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Havon Inc./Pleasant Cove Home for the month of January
2007. This review has shown the subject facility to be in violation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NC0075388. The violations which
occurred in January 2007 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Havon Inc./Pleasant Cove Home
violated the terms, conditions or requirements of NPDES PermitNCO075388 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 Havon Inc./Pleasant Cove Home:
Nose Carolina
Ntuwllff
'" `- 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: [phone] FAX:[phone] Customer Service 1- 800 623-7748

M
$100.00 For 4 of the 4 failures to properly monitor Temperature in violation
of NPDES Permit No. NC0075388.
$100.00 For 4 of the 4 failures to properly monitor PH in violation of NPDES
Permit No. NC0075388.
$200.00 For 8of the 8 failures to properly monitor Total Residual Chlorine
in violation of NPDES Permit No. NC0075388.
$100.00 For 2 of the 2 failures to properly monitor BOD in violation of
NPDES Permit No. NC0075388.
$50.00 For 2 Of 2 failures to properly monitor Nitrogen, Ammonia Total in
violation of NPDES Permit No. NC0075388.
$100.00 For 2 of the 2 failures to properly monitor RES/TSS in violation of
NPDES Permit No. NC0075388.
$100.00 For 2 Of 2 failures to properly monitor Fecal Coliform in violation
of NPIDES Permit No. NC0075388.
$750.00 TOTAL CIVIL PENALTY
$390.45 Enforcement Costs
$1,140.45 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

a'
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
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 i.,ormal 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
Dan Oakley, 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, Ext.4667.
Sincerely,
791
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
ATTACHMENTS
- Iiewa ile ''l�s wl �ac__�_r_a, en�ts
WQ Central Files w/ attachments
Bob Guerra / Enforcement Files w/ attachments
James & James Environmental / ORC w/ attachments

r
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: MV-2007-0002 County: Buncombe
Assessed Party: Havon Inc./Pleasant Cove
Permit No.: NCO075388 Amount Assessed: $1,140.45
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 doctunents, 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:

G ,
STATE OF NORTH CAROLn-�A DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST
ADMINSTRATIVE HEARING AND
HAVON INCJPLEASANT COVE ) STIPULATION OF PACTS
PERMIT NO. NCO075388 ) FILE NO. MV-2007-0002
Having been assessed civil penalties totaling $1,140.45 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated May 11, 2007, 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 , 20
ADDRESS
TELEPHONE
SIGNATURE

DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT (FILE)
Violator: Havon Inc./Pleasant Cove
NCO075388
County: Buncombe
Case Number: MV-2007-0002
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;
There was little sampling done during the month of January: see" Attachment A" for Frequency
Violations.
2) The duration and gravity of the violation;
The first two weeks of January 2007: weekly sampling was done on BOD, Nitrogen/Ammonia,
Total Suspended Solids, and Fecal Coliform. Weekly Temperature, pH, and twice weekly Total
Residual Chlorine were not sampled.
There was no sampling of any kind nor any operator on site recorded for the last two and a half weeks
of January 2007.
3) The.effect on ground or surface water quantity or quality or on air quality;
The effect is unknown d'ae to no operational records and no "Operator in Responsible Charge" on site.
4) The cost of rectifying the damage;
It would include the cost of proper operation, sampling, and analyses: reporting as required in the
permit.
5) The amount of money saved by noncompliance;
See #4.
6) Whether the violation was committed willfully or intentionally;
It is unknown.
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
In 2006, there have been 4 enforcements totaling $7,900 and 1 Notice of Violation.
8) The cost to the State of the enforcement procedures.
$390.45.
oyl "
bate kdgeO C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office

ATTACHMENT A
Havon Inc
CASE NUMBER: MV-2007-0002
PERMIT: NC0075388, FACILITY: Pleasant Cove Home WWTP COUNTY: Buncombe REGION: Asheville
Monitoring Violations
MONITORING OUTFALLI
VIOLATION
UNIT OF CALCULATED % OVER
PENALTY
REPORT
PPI
LOCATION
PARAMETER
DATE
FREQUENCY
MEASURE LIMIT VALUE LIMIT
VIOLATION TYPE
$50.00
1-2007
001
Effluent
BOD
01/20/07
Weekly
mg/I
Frequency Violation
$50.00
1-2007
001
Effluent
BOD
01/27/07
Weekly
mg/I
Frequency Violation
$50.00
1-2007
001
Effluent
CHLORINE
01/06/07
2 X week
ug/I
Frequency Violation
$50.00
1-2007
001
Effluent
CHLORINE
01/13/07
2 X week
ug/I
Frequency Violation
$50.00
1-2007
001
Effluent
CHLORINE
01/20/07
2 X week
ug/I
Frequency Violation
$50.00
1-2007
001
Effluent-
CHLORINE
01/27/07
2 X week
ug/l
Frequency Violation
$50.00,
1-2007
001
Effluent
FEC COLI
01/20/07
Weekly
#/loom[
Frequency Violation
$50.00
1-2007
001
Effluent
FEC COLI
01/27107
Weekly
#/100m1
Frequency Violation
$25.00
1-2007
001
Effluent
NH3-N
01/20/07
Weekly
mg/I
Frequency Violation
$25.00
1-2007 '
001
Effluent
NH3-N
01127/07
Weekly
mg/I
Frequency Violation
$25.00
1-2007
001
Effluent
PH
01/06/07
Weekly
Su
Frequency Violation
$25.00
1-2007
001
Effluent
PH -
01113/07
Weekly
Su
Frequency Violation
$25.00
1-2007
001
Effluent
PH
01/20/07
Weekly
Su
Frequency Violation
$25.00
1-2007
001
Effluent
PH
01127/07
Weekly
Su
Frequency Violation
$50.00
1-2007
001
Effluent
RES/TSS
01/20107
Weekly
mg/l
. Frequency Violation
$50.00
1-2007
001
Effluent
RES/TSS
01/27/07
Weekly
mgll
Frequency Violation
$25.00
1-2007
001
Effluent
TEMP-C
01/06/07
Weekly
deg c
'Frequency Violation
$25.00
1-2007
001
Effluent
TEMP-C
01/13/07
Weekly
deg c
Frequency Violation
$25.00
1-2007
001
Effluent
TEMP-C
01/20/07
Weekly
deg c
Frequency Violation
$25.00
1-2007
001
Effluent
TEMP-C
01/27/07
Weekly
deg c
Frequency Violation

R
_
Michael F. Easley, Governor
`- William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r-
Alan W. Klimek, P.E. Director
-i
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
M'r. Winner Wright
Havon Inc. / Pleasant Cove Home
P.O. Box 1180
Candler, North Carolina 28715
Dear Mr. Wright:
May 11, 2007
7006 2150 0005 2459 6158
..i Rx'H`u''�Y'�eETeT3'F$!r.W,�i AR)n�,=: uSh nNm...
AV 4
�� ,
Subject: NOTICE OF VIOLATION
NOV-2007-LV-0257
Permit No. NCO075388
Pleasant Cove Home WWTP
Buncombe County
A review of Pleasant Cove Home WWTP's monitoring report for February 2007 showed
the following violation:
Parameter
Date
Limit Value
Reported
Limit Type
Value
Solids, Total Suspended
02/01/07
45 mg/I
72.5 mg/I
Daily
Maximum
Exceeded
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
eo' �Q Asheville Files
WQ Central Files'
Bob Guerra / Enforcement Files
°James& James Environmental / ORC
-5E'.
2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748.
NorettiCarolina
X&MIlY

.. OF W A rF: i� i - _ Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Depaitment of Environment and Natural RR Incas .
> r ' . • � Alan�W. idimek; I .E Directoi
"Quality
May 11, 2007
D -, I
M AY. 1 8 2007
CERTIFIED MAIL 7002 3150-0003-7052-9356
RETURN RECEIPT REQUESTED
i WATER QUALITY SECTION
Mr. Curtis A. Fennell 1'' ASHEVILLE REGIONAL- OFFICE
Havon Inc.t ~~~
P.O. Box 1180 t`r
Candler, NC 28715
Subject:. NOTICE OF VIOLATION / CIVIL PENALTY ASSESSMENT -
LR-2007-0011 Havon Inc. - Pleasant Cove Rest Home
NCO075388
Buncombe County
Dear Mr. Fennell:
This letter transmits notice of a Civil Penalty Assessment (CPA) against Havon Inc. - Pleasant Cove Rest Home in the amount
of $4100.00 ($4000.00 civil penalty + $100.00 in enforcement costs).
This CPA is based upon the following facts:
➢ The April 2006 Discharge Monitoring -Report (DMR) was not filed with the Division of Water.Quality (DWQ) 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-0047 was sent to you dated June 22, 2006 for failure to submit
the April 2006 DMR. You received this NOV. on June 26, 2006. Within said Notice, you were informed that future
reports not received within the required timeframe would result in a recommendation for assessment of civil
penalties. As of this date, the Department has, not received the April 2006 DMR. Please submit this DMR
within 30 days of receipt of this letter.
➢ The May 2006 DMR was not filed with the DWQ within the thirty (30) day reporting period in accordance with the
monitoring and reporting requirements contained in your. NPDES permit. This non -submittal of the May 2006 DMR
was verified by a search of the DWQ tracking database and a search of the DWQ Central Files. The May 2006 DMR
Was received on August 11, 2006. On July 27, 2006 CPA, LR-2006-0025, was mailed to you with a penalty
assessment of $600.
➢ The August 2006 DMR was not filed with the DWQ within the thirty (30) day reporting period in accordance with the
monitoring and reporting requirements contained in your NPDES permit. The August 2606 DMR was received on
Octobier 25, 2006. This late submittal of the August 2006 DMR'was verified by a search of'the DWQ database and a
search of the DWQ Central Files. On January 22, 2007 CPA, LR-2007-0002, was mailed to you with a penalty
assessment of $1100. .
➢ The December 2006 DMR Was not filed with the DWQ within the thirty'(30) day reporting period in. accordance with
-the monitoring and reporting requirements contained in your NPDES.permit. This late submittal of the December
2006 DMR was verified by a search of the DWQ-database and a'search of the DWQ Central Files. On March '8,
2007 CPA, LR-2007-0004, was mailed to you with a perialty assessment of $2100. As of this date, the
Department has, not received the December 2006 DMR. Please submit this DMR within 30 days of receipt of
this letter.
➢ The January 2007 DMR was not filed with the DWQ within the thirty (30) day reporting period in accordance with the
monitoring and reporting requirements contained in,your NPDES permit. This late submittal of the January 2007
DMR was verified by a search of the DWQ database and a search of the DWQ Central Files. Please submit this
DMR within 30 days of receipt of this letter.
Based upon the above facts, [-conclude as a matter of law.that Havon Inc. Pleasant Cove Rest Home violated or failed to act
.in accordance with the requirements of NPDES Permit NCO075388 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).
W_ a Carolina
o
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service ,
Internet: www.ncwaterqualitv.org Location 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]-'877-623-6748
An Equal Opportunity/Affirmative Action Employer —50% Recycled1101% Post Consumer Paper

-
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 Havon Inc. - Pleasant Cove Rest Home.
$ $4000.00 for failing to submit the January 2007 DMR within the thirty (30) day reporting period as
required by NPDES Permit NC0068152 and G.S. 143-215.65.
$ $100.00 Investigation Costs
$ $4100.00 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 Facts and
Conclusions of Law and have considered each and every specific factor set out in G.S. 14313-282.1(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. 14313-282.1(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 forthe 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 administrativebearing. This
request must be in the form of a written petition to the Office of 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,
S san A. Wilson, P.E., Supervisor
Western NODES Program
Attachments
cc: ARO Surfac W err'Protection-w/attachments
Enforcement F4_ww/attachments
Central Files w/attachments
James and James Environmental Management
814 Kanuga Road
Hendersonville, NC 28739

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: "LR-.2007-0011 .County: Buncombe
Assessed Party: Havon ,Inc. - Pleasant'Cove Rest Home Permit Number: NC0075388 ,
'Amount Assessed:. $4100.00
Please .use this form.when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to wn Administrative Hearing; and Stipulation o�
Facts" -forrii.,.ta requestremission-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.GO.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 ao your case and provide a detailed
-explanation, including, copies of ' supporting document's, 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 wrongfullapplied'to the detriment of the petitioner (the assessment factors are- listed in.
Me civil penalty assessment document).;,
(b) the violator promptly abated continuing environmental'damage resulting from the
violation . (i.e., explain the` steps that you took to correct the violation and prevent future
occurrences);
(c) the violation -was inadvertent or a result :of an accident (Le.., explain why, the
violation was'unavoidable-or something you -could not prevent orprepare for);
(d).the violator had not been assessed civil penalties for any previousviolations;
(e) payment of the "civil penalty will. prevent payment for the 'remaining necessary
remedial actions (Le.,_ explain how payment of the civil penalty willprevent; you from performing
the activities necessary, to achieve compliance).
EXPLANATIONr

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL; PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
HAVON INC.-PLEASANT COVE REST HOME) STIPULATION OF FACTS
NPDES PERMIT NCO075388
FILE NO. LR-2007=001 '1
Having been assessed civil penalties totaling 410040 for violation(s) as set forth in the
assessment document .of the Division of Water Quality dated May 11, 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.
BY
ADDRESS
TELEPHONE

O� wArF9 Michael F. Easley, Governor
Q r `r" William G. Ross Jr., Secretary
G North Carolina Departm�,� ,..Environment and Natural Resources
r Alan W. Klimek, P.E. Director
>_ Division of Water Quality
April 13, 2007
Curtis A. Fennell, Jr.
Havon Inc.
P.O. Box 1180
Candler, NC 28715
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment
Pleasant Cove Home WWTP
Permit Number: NCO075388
Case Number: LR-2007-0004
Buncombe County
Dear Mr. Fennell:
I '
APR 16 2007
WATER QUALITY SEqTION
ASHEVILLE REGIONAL -"OFFICE
This letter is to acknowledge receipt of check number 5087 in the amount of $2,100.00 received
from -you dated April 2, 2007. 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 919-733-5083-Ext. 539.
Sincerely,
6 - t
Carolyn Bry t
cc: DW Ashevil I e egional ce ; upervisor
Central Files
N"o'e ,Carolina
1617 Mail Service Center ' Raleigh, NC 27699-1617 [phone] Customer Service 1 800 623-7748

I

�a
'_ Michael F. Easley, Governor
( William G. Ross Jr., Secretary
North Carolina Departmeri,,_environment and Natural Resources
Alan W. Klimek; P.E. Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
r� K� ._._._... _............._,_,.:.
March 26, 2007 'JF I L
t
Mr. Wittner Wright
Pleasant Cove Rest Home
P.O. Box 1180
Candler, North -Carolina 28715
SUBJECT: Compliance Evaluation Inspection
Status: Compliant
Pleasant Cove Home WWTP
Permit No: NCO075388
Buncombe County
Dear Mr..Wright :
Enclosed please find a copy of the Compliance Evaluation Inspection form from
the inspection conducted on February 20, 2007. The facility appeared to be in
compliance with Permit # NC0075388. There- has been a big improvement in the
operation and maintenance of this facility since the last inspection on January 30, 2007.
The operator is doing a fine job.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500, Ext.
4667.
Sincerely,.
aa)net Cantwell
_ Environmental Specialist
Enclosure
c' s�tev+lle piles, - ent .
WQ Central Files, w/ attachment
James & James Environmental, w/ attachment
NollhCarolina
J1�aiura!!�
2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: [phone] Fax: [phone] Customer Service 1 877 623-6748

United States Environmental Protection Agency
Farm 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 N 2 ' FI 31 Nc:0075388 111 121 0'7/02/20 117
181
1=J LJ nl' 191 cl 20U
Remarks
211 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 _I I I I I I I I 1 1, 1 1 1 1
1 1 1 1 1 I I I I I I 1 1 1 1 1.6
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 CIA
----------- ---Reserved------------
67I 169 70!— 1 I 71 I I 72 N
731 I 174 751 , I I I 1 I I 180
L_LJ
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Usersdischarging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
P.ic-:asant Co,�e Horne Wrh'TP
03:50 PH 07/02/20
05/12/01
-Exit Time/Date
Permit Expiration Date
NCSR 1220 At NCSR 1221
Candler. NC 2871.5
04:20 PH 07/02/20
10/10/31
Name(s) of Onsite Representafive(s)Mtles(s)/Phone and Fax Number(s)
Other Facility Data
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
td_i.t:t.ner P7rj.ght,P0 Box 1280 Candler NC 2871.5//828-670-8893/828670889t10
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit ■ Operations & Maintenance Records/Reports
Self -Monitoring Program
Facility Site Review
Section D: Summary of Find ing/Comments.(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Janet Cantwell ARb WQ//828-296-4500 Ext.4667/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers
Date,
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

NPDES yr/mo/day Inspection Type (cont.) 1
3I NQ-0075388 I11 12I 07/02/20 117 ' 18UC
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Juanita James of James & James Environmental assisted in the inspection of this facility.
The previous compliance sampling inspection was conducted on January 30, 2007, by Janet Cantwell.
,A review of the files indicates that the permit expires October 31, 2010.
The aeration basin process control data on the day of the inspection:
Dissolved Oxygen = 0.8 mg/1
Temperature = 13 degrees Celcius
pH = 6.7 units
The effluent data on the day of the inspection:
Dissolved Oxygen = 1.6 mg/I
Temperature = 13 degrees Celcius
pH = 6.8 units
The effluent was clear.
There has been a big improvement in the operation and maintenance of this facility since the last inspection
on January 30, 2007. The operator is doing a fine job.
Page # 2

Permit: NCO075388 Owner - Facility: Pleasant Cove Home WWfP
Inspection Date: 02/20/2007 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑
Is the facility as described in the permit? i . ❑ ❑ .❑
# Are there any special conditions for the permit? ❑ 0 ❑ ❑
Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑
Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑
Comment:
Operations & Maintenance Yes
No
NA
NE
Is the plant generally clean with acceptable housekeeping? 0
❑
❑
❑
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■
❑
❑
❑
Judge, and other that are applicable?
J
Comment:
The facility was much improved from the last inspection on 1/30/07.
Record Keeping Yes
No
NA
NE
Are records kept and maintained as required by the permit? ■
❑
❑
❑
Is all required information readily available, complete and current? a
U.
❑
❑
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?
❑
❑
❑ ■
❑
❑
❑ ■
❑
❑
❑ ■
❑
❑
■ ❑
❑
■
❑ ❑
❑❑■❑
■❑❑❑
■❑❑❑.
■
❑
❑ ❑
Page.# 3

Permit: NCO075388 Owner - Facility: Pleasant Cove Home WWTP
Inspection Date: 02/20/2007 _ Inspection Type: Compliance Evaluation
Record Keeping - Yes No NA NE
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:
James & James Environmental took over operation of this facility at the end of January,
2007. Records before that time were not available at the time of inspection.
Mode of operation
Ext. Air
Type of aeration -system
Diffused
Is the basin free of dead spots?
■
❑
❑ ❑
Are surface aerators and mixers operational?'
❑
Cl
■ ❑
Are the diffusers operational?
■
Cl
❑ ❑
Is the foam the proper color for the treatment process?
■
Cl
❑ ❑
Does the foam cover less than 25% of the basin's surface?
■
❑
❑ Cl
Is the DO level acceptable?
❑
■
❑ Cl
Is the DO level acceptable?(1.0 to 3.0 mg/1)
❑
■
❑ ❑
Comment:
The DO was measured at 0.8 mg/L at the time of inspection.
Secondary Clarifier
Yes
No
NA NE
Is the clarifier free of black and odorous wastewater?
■
❑
❑ ❑
Is the site free of excessive buildup of solids in center well of circular clarifier?
❑
❑
■ ❑
Are weirs level?
■
❑
❑ ❑
Is the site free of weir blockage?
■
i]
❑ ❑
Is the site free of evidence of short-circuiting?
■
❑
❑ ❑ .
Is scum removal adequate?
■
❑
❑ ❑
Is the site free of excessive floating sludge?
■ ,
❑
❑ (J'
Is the drive unit operational?
❑
❑
■ ❑
Is the return rate acceptable (low turbulence)?
■
❑
❑ ❑
Is the overflow clear of excessive solids/pin floc?
■
. ❑
❑ ❑
Is the sludge blanket level acceptable? (Approximately'/ of the sidewall depth)
❑
❑
❑ ■
Comment:
Disinfection -Tablet
Yes
No
NA NE
Page # 4

Permit: NC0075388
Owner - Facility: Pleasant Cove Home VW rP
Inspection Date: 02/20/2007
Inspection Type: Compliance Evaluation
Disinfection -Tablet
Yes
No
NA NE
Are tablet chlorinators operational?
■
❑
❑ ❑
Are the tablets the proper size and type?
■
❑
❑ ❑
Number of tubes in use?
3
Is the level of chlorine residual acceptable?
❑
❑
Cl ■
'
C
Is the contact chamber free of growth, or sludge buildup?
■
❑ .
❑ ❑
Is there chlorine residual prior to de -chlorination?
❑
❑
❑ ■
Comment:
Page # 5

/ �OF WA TF,9W y-
O G
co
p
CERTIFIED MAIL 7002 3150-0003-7052-9127
RETURN RECEIPT REQUESTED
Mr. Curtis A. Fennell Jr.
Havon Inc.
P.O. Box 1.180
Candler, NC 28715
Dear Mr. Fennell, Jr:
�1 Michael F. Easley, Governor
William G. Ross Jr., Secretary
f No"rth=.Carolina,Department of.Enyironment and Natural Resources
Alan W. Klimek, P.E'Director
!a n r vi io Water Quality
March 8, 2007 U
MAR 1 3 2007
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
_J
Subject: NOTICE OF VIOLATION '
Havon Inc. - Pleasant Cove Rest Home
NCO075388 -
Buncombe County
LR-2007-0004
This letter transmits notice of a civil penalty assessed against Pleasant Cove Rest Home in the amount of $2100.00 ($2000.00
civil penalty + $100.00 in enforcement costs).
This assessment is based upon the following facts:
➢ The April 2006 Discharge Monitoring Report (DMR) was not filed with the Division of Water Quality (DWQ) 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-0047 was sent to you dated June 22, 2006 for failure to submit
the April 2006 discharge monitoring reports. You received this NOV on June 26, 2006. Within said Notice, you were
informed that future reports not received within the required timeframe would result in a recommendation for
assessment of civil penalties. As of this date the April 2006 DMR has not been received by the
Department.
➢ The May 2006 DMR was 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. This non -submittal of
the May 2006 DMR was verified by a search of the DWQ tracking database and a search of the DWQ Central Files.
A Civil penalty assessment, LR-2006-0025, was mailed to you on July 27, 2006 with a penalty assessment of $600.
➢ The August 2006 was 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. This late submittal. of
the August 2006 DMR was verified by a search of the DWQ database and a search of the DWQ Central Files.
➢ The December 2006 was 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. This late submittal of
the December 2006 DMR was verified by a search of the DWQ database and a search of the DWQ Central Files.
Based upon the above facts, I conclude as a matter of law that Pleasant Cove Rest Home violated or failed to act in
accordance with the requirements of NPDES Permit NCO068152 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 Pleasant Cove Rest Home.
$ $2000.00 for failing to submit the December 2006 Discharge Monitoring Report within the thirty
(30) day reporting period as required by NPDES PermitNCO068152 and G.S. 143-
215.65.
$ $100.00 Investigation Costs
$ $2100.00 TOTAL AMOUNT DUE NhCazolina
o°a
Naturally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: w,.►%v.ncwaterauality.org Location: 512 N.'SalisburySt. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty, I 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
M'
2. Submit-2 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 Office of 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 27.699-1601
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 arequest 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. l
Sincerely,
Susan A. Wilson, P.E., Supervisor
Western NPDES Program'
Attachments
A -
c6: AR0-Surface,Wai"er Protection-w/attachment .
Enforcement File w/attachments
Central Files w%attachments

j
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PLEASANT.COVE REST HOME, ) STIPULATION OF FACTS
NPDES PERMIT NCO075388
FILE NO. LR-2007-0004
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 March 9, 2007, the undersigned,
desiring to seek remission of the civil penalties, does hereby waive the right to anadministrative
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.
BY
ADDRESS
TELEPHONE

rt
�_
JUSTIFICATION FOR REMISSION REQUEST
DWQ-Case Number: LR-2007-0004 County: Buncombe
Assessed Party: Pleasant Cove Rest Home Permit Number: NC0075388
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 Rikht 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-282.1(121
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 dama-ge 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 beeri'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•

/ Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina C _�moment of Environment and Natural Resources
Alan.W. Klimek, P.E. Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
March 7, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED .7006 2150 0005 2459 7216
Mr. Wittner Wright
Canterbury Hills
P.O. Box 1180
Candler, North Carolina 28715
Subject: NOTICE OF VIOLATION
NOV-2007-PC-0137
Compliance Sampling Inspection
Canterbury Hills Wastewater Treatment
Plant
Permit No.. NC0075388
Buncombe County
Dear Mr. Wright:
Enclosed please find a copy of the Inspection Report from the inspection conducted January
30, 2007. The Compliance Sampling Inspection was conducted by Janet Cantwell of the.,Asheville
Regional Office. The treatment facility was found to be in violation of'Permit NCO075388 for the
following:
Inspection Area
Compliance Issue
Aeration Basin
Part II, Section C.2: Proper Operation & Maintenance
Clarifier
Part II, Section C.2: Proper Operation & Maintenance
Chlorine Contact
Chamber
Part II, Section C.2: Proper Operation & Maintenance
Tablet Chlorinator
Part II, Section C.2: Proper Operation & Maintenance
2090 U.S. Highway 70, Swannanoa, N.C. 28778 Telephone: [phone] FAX: [phone] Customer Service: 877/623-6748 One
NorthCarolina
naturally

Mr. Wittner Wright
March 7, 2007
Page Two
Based on the sampling results at the time of inspection, the facility"was out of compliance with
the NPDES_permit # NC0075388. However, final compliance cannot.be judged until all results
for the month can be evaluated.
Please refer to the enclosed Inspection Report for any additional observations and comments.
To prevent further action, carefully review these violations and deficiencies and respond in
writing to this office within ten (10) working days of receipt of this letter. .You should address the
causes of noncompliance and all actions taken to prevent the recurrence of similar situations. If you
should have -any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500, Ext.
4667.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Attachment
WQ Central Files, w/ attachmen
Bob Guerra, Enforcement Files, w/ attachment
James & James Environmental, w/ attachment

United States Environmental Protection Agency
EPA Washington, D.C. 20460
Form Approved.
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 rr 2 ! 'I 11 12I 117 18sI r;1/30 I I 20' I
tJ
Remarks
21IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I I I I IIII1116
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ---- --------- --------Reserved-- ------- ------- —
67I 169 70I I 71 I I 721 r1 731 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
P-leasant- Cove Home WWTP
04:00 PM 07/01/30
05/12/01
Exit Time/Date
Permit Expiration Date
NCSR 1220 At NCSR 1221
Candler. NC 28715
04:40 PM 07/01/30
1.0/10/31.
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
Wittner. Wright.,PO Box 1180 Candler NC 287:1.5/i8?.8-670-8893182.8a"70889
Nc
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Operations & Maintenance 0 Self -Monitoring Program Facility Site Review
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Janet: Cantwell. ARO WQ//828-296--4500 Ext.4667/
Sign ture 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
Ir

NPDES yr/mo/day Inspection Type (cont.) 1
3I 1:.0075388 I11 12I 0 ; % 01.l30 117 18�I
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Kerry Becker, of this office, and I found the facility operations and maintenance to be in an unacceptable
condition. Upon arrival, there was a strong odor in the plant. Excessive scum, debris, and solids were
found in the aeration basin, clarifier, and chlorine contact chamber. It appeared that the plant had not had
an operator for several weeks.
In the control panel, the #1 blower was set on manual and was held in place by a piece of paper at the
electronic switch. The timer appeared to be malfunctioning and did not work on automatic. The #2 blower
was not operable.
There were no chlorine tablets in the tablet chlorinator. The effluent was murky.
We were unable to locate the effluent discharge pipe.
Results from samples taken by Ms. Becker:
BOD
190 mg/L
Fecal
140,000 colonies/100ml
TSS
210 mg/L
NH3
25 mg/L
pH
6.9 S.U.
Page # 2

3
Permit: NCO075388 Owner - Facility: Pleasant Cove Home WWTP
Inspection Date: 01/30/2007 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?
❑
❑
■
❑
Is the facility as described in the permit?
N
❑
❑
❑
# Are there any special conditions for the permit?
Cl
■
❑
❑
Is access to the plant site restricted to the general public?
0
Cl
❑
❑
Is the inspector granted access to all areas for inspection?
■
❑
❑
❑
Comment:
Operations & Maintenance Yes 'No NA NE
Is the plant generally clean with acceptable housekeeping? ❑ ■ Q ❑
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ❑ ❑ ❑ ■
Judge, and other that are applicable?
Comment:
At the time of inspection excessive debris and solids were found in the aeration basin,
clarifier, and chlorine contact chamber.
There was a strong odor.
Aeration Basins,
Yes
No
NA
NE
Mode of operation
Ext. Air
Type of aeration system
Diffused
Is the basin free of dead spots?
❑
■
Cl
❑
Are surface aerators and mixers operational?
❑
❑
■
❑
Are the diffusers operational?
❑
■
❑
❑
Is the foam the proper color for the treatment process?
❑
■
❑
❑
Does the foam cover less than 25% of the basin's surface?
❑
■
Cl
❑
Is the DO level acceptable?
❑
❑
❑
■
Is the DO level acceptable?(1.0 to 3.0 mg/I)
0110
■
Comment:
Debris and solids were floating in the aeration basin. The #1 blower was set on manual
and was held in place by a piece of paper at the electronic switch. It appeared the timer
was malfunctioning and would not work on automatic.
The #2 blower was not working.
The return pipes were stopped up.
Secondary Clarifier
Yes
No
NA
NE
Is the clarifier free of black and odorous wastewater?
❑
■
❑
❑
Is the site free of excessive buildup of solids in center well of circular clarifier?
❑
❑
■
❑
Page # 3

Permit: NC0075388 Owner -Facility: Pleasant Cove Home wwTP
Inspection Date: 01/30/2007 Inspection Type: Compliance Sampling
SeCOndaryClarifler
Yes
No
NA
NE
Are weirs level?
■
❑
❑
❑
Is the site free of weir blockage?
❑
■
❑
❑
Is the site free of evidence of short-circuiting?
❑
■
❑
❑
Is scum removal adequate?
❑
■
❑
❑
Is the site free of excessive floating sludge?
❑
■
❑
❑
Is the drive unit operational?
❑
❑
■
❑
Is the return rate acceptable (low turbulence)?
❑
■
❑
❑
Is the overflow clear of excessive solids/pin floc?
❑
■
Cl
❑
Is the sludge blanket level acceptable? (Approximately'/< of the sidewall depth)
❑
■
❑
n
Comment:
Scum, debris, and solids were found in the clarifier.
Disinfection -Tablet
Yes
No
NA
NE
Are tablet chlorinators operational?
❑
fl
■ •
❑
Are the tablets the proper size and type?
❑
❑
■
❑
Number of tubes in use?
0
Is the level of chlorine residual acceptable?
D
❑l
❑
■
Is the contact chamber free of growth, or sludge buildup?
❑
■
❑
❑
Is there chlorine residual prior to de -chlorination?
Cl
❑
❑
■
Comment:
There were no chlorine tablets in the tablet chlorinator. Scum, debris, and solids were
found in the chlorine contact chamber. The effluent was murky.
Page # 4
I
M

Q�QF w A rF9pG / l Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment.and Natural Resources -
Alan'W: Klimek; P.E. Director,
ivision-of-WaterQnality ••
January 22, 2007FR
u
• i
CERTIFIED MAIL 7003 1010 0000 4620 2475
RETURN RECEIPT REQUESTED ? ;M J A N 2 9 200%
D 0
Mr. Curtis A. Fennell Jr. i
Havon Inc. WATER QUALITY SECTION
P.O. BOX 1180 ASHEVILLE REGIONAL OFFICE
Candler, NC 28715
Subject: NOTICE OF•VIOLATION"-
Havon Inc. - Pleasant Cove Rest Home
NCO075388
Buncombe County
NOV-2007-LR-0002
Dear Mr. Fennell, 'Jr:
This letter transmits notice of a civil penalty assessed against Pleasant Cove Rest Home in the amount of $1100.00 ($1000.00
civil penalty + $100.00 in enforcement costs).
This assessment is based upon the following facts:
➢ The April 2006 Discharge Monitoring Report (DMR) was not filed with the Division of Water Quality (DWQ) 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-0047 was sent to you dated June 22, 2006 for failure to submit
the April 2006 discharge monitoring reports. You received this NOV on June 26, 2006. Within said Notice, you were
informed that future reports not received within the required timeframe would result in a recommendation for
assessment of civil penalties.. As of this date the April 2006 DMR has not been received by the
Department.
➢ The May 2006 DMR was 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. This non -submittal of
the May 2006 DMR was verified by a search of the DWQ tracking database and a search of the DWQ Central Files.
A Civil penalty assessment,.LR-2006-0025, was mailed to you on July 27, 2006 with a penalty assessment of $600.
➢ The August 2006 was 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. This late submittal of
the August 2006 DMR was verified by a search of the DWQ database and a search of the DWQ Central Files.
➢ You are also required to comply with the June 22, 2006 NOV and submit the April 2006 DMR or face additional
penalties for non -submittal of the April DMR.
➢ Failure to submit the April 2006 DMR within fifteen (15) days receipt of this notice will result in the
assessment of Civil Penalties in the amount of $2100.00.
Based upon the above facts, I conclude as a matter of law that Pleasant Cove Rest Home violated or failed to act in
accordance with the requirements of NPDES Permit NCO068152 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 Eden's Glen Mobile Village.
$ $1000.00 for failing to submit the August 2006 Discharge Monitoring Report Quality within the
thirty (30) day reporting period as required by NPDES Permit NCO068152 and G.S.
143-215.65.
$ $100.00 Investigation Costs
$$1.100.00 TOTAL AMOUNT DUE N"0ACarolina
aiura!!r�
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwater�ualitv.org 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. 143-215.6A(c), in determining the amount of the penalty, I 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 quantitybr 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.
N'
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 Office of 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,
i'
Su4san A. Wilson, P.E., Supervisor
Western NPDES Program
Attachments
cc: A'ii.
® SurFacefratectionirv/atta merits
n orcement File w/attachments
Central Files w/attachments

STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PLEASANT COVE REST HOME ) STIPULATION OF FACTS
NPDES PERMIT NCO075388
FILE NO. LR-2007-0002
Having been assessed civil penalties totaling $1100.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated January 22, 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 areas 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
BY
ADDRESS
TELEPHONE
2006.

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LR-2007-0002 � County: Buncombe
Assessed Party: Pleasant Cove Rest Home Permit Number:14CO075388
Amount Assessed: $1100.00
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 off'
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:

l
O pG Michael F. Easley, Governor
William G. Ross Jr., Secretary
ti North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 9, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7003 1010 0000 4620 2482
Mr. Curtis A. Fennel Jr.
Havon "Inc.
P.O. Box 1.180
Candler, NC 28751
SUBJECT: Final Notice - Delinquent Annual Fees
NPDES Permit NCO075388
Buncombe County
Dear Permittee:
All NPDES Permittee's must pay an Annual Compliance, Monitoring Fee. The fee requirement is
documented in your current permit at Part'II. B. 14. The annual fee for the Pleasant Cove Rest Home
WWTP has not been paid for fiscal years 2003, 2004 and 2006. The total amount owed is $2,145.00;
copies of the invoices previously sent to your facility are attached.
Failure to pay the annual fee is grounds for revocation of your permit, as documented in part II.
B. 13 and II. B. 14. This letter serves as final notice that the Division will refer the fees noted
above to the North Carolina Attorney General's Office for collection'through the courts unless
payment in the amount of-$2,1450,00 is received by February 9 " 2007.
Make checks payable to NC DENR; include the permit number,and invoice numbers on the check.
Send the fee payment to:
Fran McPherson
Annual Administering and Compliance Fee Coordinator
1617 Mail Service Center
Raleigh, NC 27699-1617
If you have evidence that the fee has already been paid, please contact Ms. McPherson at 919 733-
5083, extension 210.
Sincerely,
Robert Guerra
NPDES Western, Unit
Cc: Cep• tral Files
Roger Edwards, ARO Surface Water Supervisor
V7jj0
AN 1 2 20
WATERQUALITY SECTION
ASHEVILLE R_ ELIONAL OFFICE
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North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper
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PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-154

UNITED STATES POSTAL SERVICE
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North
Environment
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a° 2090 U.S. Hialiwav 702,
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NCDENR 2090 U.S. Highway 70, Swannanoa. NC 28778
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North Carolina Department of �Rf /` S 7 0?7 C7'
• Environment and Natural Resources fferent from item 1? ❑Yes
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WDE14R -2090 U.S. HighwaT70, Swannanoa, NC 28778
WITTNER WRIGHT
HAVON INC
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1. Article CddV 15 —; 6 8 I
Mr. Wittner Wright.
I Havon Inc.
j PO Box 1180
Candler, NC 28715 nov
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PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154

UNITED STATES PQ,5.j:,j1,,.,5j=R 'Ups
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SWAMANOA, NC,?,2-8778
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_LA-SHEVILLE REGIONAL OFFICE

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2090 U.S. HIGHWAY 70
SWANNANOA NC 28778

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North Carolina Department -of
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� Division of Water Quality I
NCDENR Surfac4Nater Protection Section
2090 U.S. Highway -C-RWannanoa, NC 28778"
WITMER WRIGHT
HAVON INC
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CANDLER NC-28715—
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2090 U.S. Highway-Environment
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DR Form 3811 _-Fahniary 9Md ❑omestir. Ratum Recwint 102595-02-M-154

UNITED STATES POsr AFRNM LE PIC' ��•
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C
DWIFA North Carolina DepE
I• a �� • ; Environment and Natural R
2090 U.S. Highway 70, Swannanoa, P
NCDENR N GNCDENR 00�53 'Ir g
WITTNER WRIGHT
*Agent'
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O _ North Carolina Department
I. Ai Environment and Natural Resour
i �M,W1 2090 U.S. Highway 70, Swannanoa, Nc 281
NCDENR.
WITTIVER WOOGHT
HAVONINC
POST OFFICE BOX 1180
:-CANDLER NC 28715
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Rem 1? ❑ Yes
RIr:9 Oft
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UNITED STATES
19 - OCT20107 PM I I.
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IW'ILT CANTWELL
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:.190 U S. HIGHWAY 70
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■ Attach this card to the back of the mailpiece,
North Carolina D partk
1. Art • • Environment and Natu I Resbil
2090 U.S. Highway 70, Swannan ,-,I
- NCDENR
WITTNER WRIGHT
Of bnt from
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❑ Addressei
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❑ Yes
1 ❑ No
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■ At+�^���c..ard +ea_#bu_k+acJ�ef_tl�c_mailniace
orb North Carolina Department of
Ari• . Environment and Natural Res�u�ce°,
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j0. Date of Delivery
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for Merchandise
❑ Yes
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North Carolina Department of
Environment and Natural Resources
Division of Water Quality
Surface Water Protection Section
2090 U.S. Highway, 70, Swannanoa, NC 28778
WITTNER WRIGHT
PLEASANT COVE/HAVON INC.
POST OFFICE BOX 1180
C4NDLER NC', 28715 '
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C. 'Date of Deliver
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WITMER WRIGHT
HAVON INC
POST OFFICE BOX 1180
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NCDENR 2090 U.S
WITTNER WRIGHT
HAVON INC,
POST OFFICE BOX 1186
CANDLER NC 28715
Agent
Addressee
d Name) C. Date of Delivery
North Carolina Department o i
Environment and Natural Resources
afferent from Rem 1? [:I yes
Division of Water Quality address below:o
Surface Water Protection Section
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CANDLER NC 28715-
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