WQCSD0132_Regional Office Physical File Scan Up To 1/19/2021

11/84/2003 14:42 828898E
afWa`reA D, x00.©�L9/
�
4
• i Farrii
1 . ►�� zoo !-©011 to s t a 0 Floor A ,g Foy : r .
t
This -form shall be submitted to the appropriate Q WWRIJORWYMMelho 6(the fast ip�owledge of
the san" sewerovertiow (SSO). ASHEViLLE REGIONAL OFFICE
Permit Number: G <<Gtwt 'Q n
Iq
(WOOS# if active, otherwise use treatment plant NCANC.M /
Facmty: Fay pie �r7 fiai �1 Incident # R
r. CWS Systewt5 1.r>c. W,.1 s-javt,I-
Owne
sty; Cor6 rd
t
Source of SSO (check applicable) d Sanitary Sewer Pump Station
SPECIFIC location of the SSO'(be consists In deecrlptlon from past reports or doeun,AMaj n - i e. Pump atkrn
Manhole -at Westan & Bragg Street, etc.) ty P S+af"tah I 517 �Su{ (o l�rwl� T=
Latitude (degteeslminutelsecond): ' Langttude(degrees?mIntrtelsecondp'
!Mr*n► stedea rut: % 3 I-o!-1 'lime• �� 30 : gM_ - Incident End DL• '7- . )-d y— '11me• g et y►�
(mm-dd-WM hh:mm AMIPM (mrn•dd.yyyy) hh:mm MMPM
Estimated volume of the SSO: 8�0
gallons. Estimated Duration (Round to neared hour).-�.J�+•�=---.—
Daie be how the voitime was determined:: e�`acj2_ o ._ESA -%tits `cij +i�►te a�VNt . x . Fio.W oc �>�A
Weather condttbris during $90 event: etaAl 4, R I ny
Old $SO roach su face waters? . ErYes ❑ No ❑ Unknown Volume reaching surface waters (gellortsr $DO.
Surface water name- 8416 CttieK
Did the SSO result In a Ash kill? ❑ Yee MNd❑ Unknown - If Yes, what is the esthmeted number of Bah kill — --=-
SPECIFIC causes) of the SSO: '
❑ Sovere Natural Conditlon ❑ reaso ❑ R00"
0. IMiaw and infiltration Pump Station Equipment Failure ❑ Power outage
❑ Vandalism ❑ Debris in line ❑ -.Other (Pi4se explain In Part In
Immediate 24•hour verbal notification reported to:
® DWO 0 Emergency Mgmt Date (mm-ddyyyy): i- 31=oy Time ('M:mm AlOW. �4:3y /9rvJ
It'an SSO is ongoing, please notify Regional Office on a daily basis until SSO can be stopped:
Per G.S.141-215.1C(b), the responsible party of a discharge of 1,000 gallons or more of utitrested wastt water to'eurfsca
waters shall Issue a- rags release � .within 48-houra offrst knowledge to an print and electronic news media pre g pet+ero
coverage In the county w ere s scharga occurred. When 15,000 gallons or more of untreated wastewater enters surface
watera, a publionolciol she" be published within10 days and proof of publication shall be provided to the Division VMhfn 30 days.
Refer to the referenced statute for further deta6`. - 1
The Director, Division of Water Quality, may take enforcement action for SSOs that are required to be reported to Diviskxftinless it
Is deMconstrae
1} the discharge was caused by severe natural conditions and there were no feasible alternatives to ft dfsctiiN9e; or
2 the discharge was exceptional, unlntenttonal, temporary and caused by factors beyond the reasonable o6nb of the' Per nMee
and/or owner, and the discharge could ndt have been p"nted by the exercise of reasonable contlM.
Pant I) murat.be completed to provide a justification claim for either of the above situations. This information WIN be the basis
for the determination of any enforcement action. Therefore, it is -Important to be as complete as possible,
WHETHER OR NOT PART 11'IS COMPLETED, A SIGNATURE IS REQUIRED AT. -THE END. -OF THIS'FORM.
CS-SSO Form October 9, 2003 . t

SUGAR MTN rswt vo
11/04/2003�114:42 828998�—
EWE
}
E Fortrn C��90rr
o Collection System Sanitary sewer,ovetflow Rept&ng
ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF*TH1S-F'ORM -
AND INCLUDE THE APPROPRIATE .DOCUMENTATION AS REQUIRED OR DESIRED
COMPLETE ONLY THOSE SECTIONS PERTAINING TO THE CAUSE OF -THE SS -AS CHECKED Ik`PRT l ,
in the check boxes below. NA = .; bt Applloable and NE : Not Evaluated
A HARDCOPY OF THIS'FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWQ REGIONAL OFFICE
UNLESS IT HAS BEEN SUBMITTED ELECTRONICALLY THROUGH THE ONLINE REPORTING SYSTEM,
SevereeNatural Condition (hurricane, tomado, etc.).
Describe the "severe natural condition" in detail.
How much advance warning did you have and what actions were taken In preparation for the evert?
Comments: .
When was the lest time this specific Eno (or wet wen) was cleaned?
Do you have an enforceable grease ordinance that requires new or retrofit of grease traps/Interceptors?
❑yeso NtX NA Ole
Have there been recent inspections and/or enforcement actions taken on nearby restaurants or.other.._ : = QYXNoONA 0N:
nonresidential grease contributors?
Explain.
Have there been other SSOe or blockages in this area that were also caused N!'gresse? DYesQ No,0NA .UfitE.
When?
If yes, desorlbe them:
Hove cleaning and inspections ever been 1=86sed at this location? 01►is�] No
Explain.
CS-SSO Form October 9, 2003 yaps 2
VA

•�..r.. r, r Gt�/ tOt73 14: 41 82e8M962 MTM
Have,educational materials about gnee— -4an diettibated in the past?
When?
and to whom?
explain?
It t'ie SSO ooeumed at a pump station, when was the wet well and Dumps last ahedcod for grease
sccc,mdatlon?
Were the (bets dean? t 13Yw0 No0NA0NE -
Comments:
Roots
Do you have an active root control program? ❑YesO No ONA ❑NE •
Describe
lave cleaning and Inspections ever been increased at this iocaition because of roots? 13Yee0 Ne C 1N11 E1NE
Explain: _
What oorreative actions have been a000mpllshed at the $SO location (and surrounding system It.
assoclated with the SSO)?
M . at corrective actions' ere planned at the SSO location to reduce root intrusion?
Has the line been smoke tested or videoed within the past year? MY950 Nc thl EINE'
r
If Yet. when?
Comments;
Inflow and Inflit (ion
Are you under an SOC (Special Order by Consent)'or do you have a schedule in any permt that DYaD NodNAaNti
addresses in?
C8 SSO Form October G. 2003
Pegb. 3

11•/0412003 14:42 8-,68981 SUGAR tN71V
PALS- oo .
RPIPIANYes:
What tiorreotive 8c6on8 have been taken to nsfiice .or atiminate I & I related overAowa at this•
within the last yeer't
Has there been any flow studies to determine In problems in the coliec8on ayatem at the S.SO location?.-
-,DY No
If Yes, when wos the study completed and what actions did it recommend?
Has the line been srRbke tested orvideced within the past year?
Yes 1Vo01111ifVE ,'•;
If Yes, when and indicate what actions are.necessary and the status of such actions.
Are -there ln•rrlated protects In your Capital Improvement Plan?
No 1A 1•,-,
If Yes, explain:
Have there been any grant or loan applications for in reduction projects?.
No ►t413ki
If Yes, explain:
Do you •suttpeet-anymajor sources or Innow or cross connecttone with storm sewers?
DYi N6 " IWi NtE
"If Yes, explain:
Have ell lines Contacting surface wa%rs•tn the SSO location and upstream been Inspected reoen*?
Y Nti Pfl►QNE.'
If Yes, explain:
Whet other corrective ac6na am planned to prevent kite iII related SSO's at this IomwonT
Comments:
Pump Station Equlpmerit Failure (Documentation of testing records etc
shout be provided upon request.)
Whet kind of nottficatton/alarm ayaterft am present?
Auto-dialer/talemetry (one-wey communication)
Mai -
7;G0 Form October R. 2003
4 i

;.1/84l2t!©3 14:42 8209991. '
AudUe
VISud
SC:ADA (Wo way ocmPraaokatlon)
Emorgancy Conbct Sipna©e
IM,
"Deaant that filed?
�aM�56ot• ♦14a•�. oQu�fes l���l corr�wl ".
What WA of attuaftm trigger an slarme condtocn at No Station Q.& pump falure. poww htlura, high
mew, IMP,
��r►t Fa,'lura" ...�}' h" l+�ter
were nolit{nt rvilerro sywana opwabts? Y
tf n0, exptahf: �rlt�r r7.� 1N Contook why 14opem.6tee b e.c&v5ci c F �ot.�s 6 lQ��iG l1 /� i✓ta LVGI�
tt• pump.fWed, whrn was the lest mafnlenance arKVOr Inspedlon performed?
What spedficsW was dwdc&O malrttatned? •�'i n -
Ckejeej V)ee*ll at aSa J RV
.:. K,e vales bvw. when was R last exardaed? .
Were aN pumps sat to allwnsfa?
_OW antpurnp show above normal nm flmes prior to and -during the SSO avant?
e
Waco adequate span parts on hand to flx.ihe equipment (awltch, Rase, vales. seal, etc.)?
- � Was a spare or portable pump lrnmedletety o"Hoble?
tiaYM-� No ONJt CINi
oyft NoUNA13Na
®YWO NoO.ftACJ E
r. yfD No oHJ INE
Its fbat problem. when wrap the floats last tasted? How ?
I! pn at*4Ww orSC.AMk when -was the-Swtem.lUt tested? HcMR
�rtonb>r .. .. •
1 Pan1 October 9. 2M .

11/04/2003 14:42 828898E—"' SUGAR MTN PAGE. ,e
Power outage (Documents lon or resN� s, etc should be
provided of attemative power source upon request) =
Whet is your alternate power or pumping scun:e?
Did it function properly? Ne NA �NE
Describe?
When wee the eltema'ta power or pumping source last tested under load?
If caused by a weather event, how much advance warning did you have and what actions'wem taken to
prepare for the event?
Comments:
Vandalism
Provide police report number.
Was the alto secured? ❑YWO NoE3NAONE-
0 Yes, how?
Have there been previous problems with vandalism at the SSO location? 0YX-No1JNA ONE -
If Yes, explain:
What saw ty measures have been put In place to prevent similar occurrences In the future? OV900 iA*CINAEIIqE
Comments:
Debris inline (R_ocks, sticks. rags and other items not allowed in the
What We of debris has been found In the One?
Now could it have gotten there?
Am manholes in the erQa secure and Intect? Y .
C"80 Faun October 9, 2003 t!

:1/04/2993 14:42 8289987"'' SUGAR M1TN PAGE: 11
When was the area test checked/deaned? i
Have cleaning end Inspections ever been Increased at this location due to previous problems with debris? OYWO Wo EIM ONE .
F�cpfain:
Are appropriate 9ducationel materials being developed and dfatributed to prevent future slrniler = aO No DNA LINE
occurrences?
Comments:
Other Octures and a pollee report should be available upon request-
describe:
Were adequate equipment and resources avalleble to fix ft problean?. YC+D .40 NA 11 NE
If. Yes, explain. -
If the problem could not be Immediately repaired, what actions were taken to lessen the impact of the
SSO?
Comments:
For DWQ Use Only:
DWa Requested an Additional Written Report: ❑YJJ W [INA0NE
If Yes, What Additional Information is Needed:
Comments:
CS-SSO Form October 9.2003 palm 7

11 /0412003. 14: 42 8289986g52 5ww< m III
--
EA?oeo t q?
- .Form CS-SSO
Q D 13 Z. Collection sterna Sanitary Sewer Overt)
�Y ry ow Reporting Form
#�.%ZOtiy— DO�p PART i
This form shall be submitted to the appropriate DWQ Regional Office within five days of the first knowledge of
the sanitary sewer overflow ($SO).
Permit: Number : (,oller✓}�o�►1 ►1 I_ ` MOCS# If active, otherwise use treatment plant NC/WQN)
t)r, Facili - F��f !e�_ F(ai'n urLs incident # - Lio/4(q 5,
Owner: LDS_ S y6 �• 60i =v►c. �l � h SW ewl
>, �,r,�, �.Uf� Region:
City: County; R+ 1 Iier Fo r cd
Source of SSO (check applicable) : - d Sanitary Sewer Pump Station
SPECIFIC' location of the SSO (be consistent In description fr�past reports or docun,entatlon - i /
Manhole atWestall & Bragg Street, etc.) Qy A S}`t'tffh # L + 59 `% �yrpp Cree,K rd
Latitude (degrees/minutelsecond): �R Longitude(degreeslminute/second)-
Incident Started Dt: -a Time, �= I S Am
(mm-dd-yyyy) hh:mm AM/PM
Estimated volume of the SSO:* a�' 9 y gallons
Describe how the volume was determined: nycr `'fie
Weather conditions during SSO event: ��7e 411
Did SSO reach surfaoe waters? ReYes ❑ No ❑ Unknown
Surface water name: 6' 116 Cre2K
Did the SSO result in a fish kill? ❑ Yes ❑NoUnknown
SPECIFIC cause(s) of the SSO:
Severe Natural Condition
El'Inflow and Infiltration -
Vandalism
Incident End Dt: 7 -1 a - °y rlme• j A: DO p M
(mm•dd.yyyy) hh:mm A NPM
Estimated Duration (Round to nearest hour):
rrhs - Flea v U r0.i r1 - f!.I _kl ►V(oA
Volume reaching surface waters � 20,E q q© CST
11 Yes, what is the estimated number of fish killed?
❑ Greaser, ❑ Roots
❑ Pump Station Equipment Failure ❑ Power outage
❑ Debris in line LJ Other (Please explain In Part II)
Immediate 24-hour verbal notification reported.to: &LUM Cc r p
12 DWQ = Emergency Mgmt. Date (mm-dd=yyyy); -]_ ) a —04 time (hh:mm AM/PM): Z%'Qg PM
If an SSO Is ongoing, please notify Regional Offlce•on a daily basis until SSO can be stopped.
Per G.S..143-215.1 C(b), the responsible party of a discharge of 1,000 gallons or more of untreated wastewater to surface
waters shalt issge a press release within 48-hours of first knowledge to all print and electronic news media providing general
coverage In the county w ere t e ischarge occurred. When 15,000 gallons or more of untreated wastewater enters Surface
Waters, a public not(cl shall be published within 10 days and proof of publication shall be provided to the Division within 30 days,
Refer to the referenced statute for further detaA.
The Director, Division of Water Malgy, may take enforcement action for SSOs that are required to be reported to Division unless it
is demonstrated that:
1) the discharge was caused by severe natural conditions and there were no feasible alternatives to the discharge; or
2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the Permittee
and/or owner, and the discharge could not have been prevented by the exercise of reasonable control.
Part II must be completed to provide a justification claim for either'of the above situations. This information will be the basis
for the determination of any enforcement action. Therefore, it is important to' be as complete as possible.
WHETHER OR NOT PART Il IS COMPLETED, A SIGNATURE iS REQUIRED AT THE END OF THiS FORM.
.CS-SSO Form October 9, 2003 Page 1
JUL 1 9 2004
WATER'QUALITY SECTION

11/04/2003 14:42 82889889[92 SI_1132PR MTN rr+tiac ""
Form CS•S.96
Collection System Sanitary Sewer Overflow Reporting Fort
PART I I
ANSWER THE FOLLOWING QUESTION$ FOR EACH RELATED CAUSE CHECKED 1N PART I OF THIS FORM
AND INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED
COMPLETE ONLY THOSE SECTIONS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART I
In the check boxes below, NA = Not Applicable and NE = Not Evaluated
A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWQ REGIONAL OFFICE
UNLESS IT HAS BEEN SUBMITTED ELECTRONICALLY THROUGH THE ONLINE REPORTING SYSTEM
Severe,Natural Condition (hurricane, tornado, etc.)
Describe the "severe natural condition" in detail. I j�
igUlTYlirlq
How much advance warning did you have and what actions were taken In preparation for the event? .
NA
Comments:
When was the last time this specific line (or wet well) was cleaned?
Do you have an enforceable grease ordinance that requires new or retrofit of grease traps/interceptors? ❑YNO No INA CINE
Have there been recent Inspections and/or enforcement actions taken on nearby restaurants or. other, _ . _ 0Ye99 No QNA ONE
nonresldentiai grease contributors?
Explain.
Have there beer) other SSOe or blockages in this -area that were also caused by grease? DY ` No ❑NA ONE
When?
If yes, desarlbe them:
Have cleaning and inspections ever been Increased at this location?
Explain.
CS-SSO Form October 9, 2003
Page 2

-•r����onj t4:42 8288986962 SUGAR MTN
Have educational materials about grea__ -ion distributed in the past7 ®Y Na []NA ONE +
When7
and to whom?
Explain?
It the S80 occurred At a pump station; when was the wet well and pumps last checked for greeae
accLmulatlon?
Were the floats clean? 13YesO NoONACINE
Comments:
Roots
Do you have an active root control program?
Describe
❑YeSLJ No DNA 0N6
lave cleaning and Inspections ever been increased at this location because of roots? ❑Yes No ❑NA ONE
ExpWn:
What corrective actions have been accomplished at the SSO location (and surround;ng system if
associated with the SSO)?
What corrective actions- are planned at the wo location to reduce root intrusion?
Has the line been smoke tested orvideoed vdthin the past year?0YXNaCINAONE
If Yes, when?
Comments:
Inflow and Infiltration
Are you under an SOC (Sceciai Order by Consent) or do you have a schedule in any permit that r.-^ t� t�-�
addresses In ❑Y8�_..i No0NA11NE
C&SSO Form October 9, 2003
Page 3

11r'04,'2003 14:42 8288986AS2 .
:Explain if Yes: t
SUGAR MTN
.I-FWG . UO -
What corrective actions have been taken to reduce or eliminate I & I releted overflows at this Spill location
within the last year? — —
Has there been any flow studies to determine III problems in the collection system at the SSO locatiZ
If des, when was the study completed and what actions dkt it reu�ommend?
NAUNE-
Has the line been smoke tested or videoed within the past year? ❑Ye GNo DNA D NE
If Yes, when and indicate what actions are necessary and the status of such actions:
!Are there 10 related projects In your Gapitai Improvement Plan? YiZ No DNA D NF
If Yes, explain:
Have there been any grant or loan applications for 1/1 reduction projects? YesD NoDNA❑NE
If Yes, explain:
Do you suspect any major sources of inflow or cross connections with storm sewers? DYesD`No DNA NE
it Yes, explain:
Have a!I lines contacting surface waters ,n the SSO location and upstream been inspected recently? DYXNo DNA ❑ NE
If Yes, explain:
What other Corrective actions are planned to prevent future Ill related SSOs at this location?
Comment-:
Pump Station Equipment Failure (Documentation of testing. records etc.,
shout be provided upon reauest) -
What kind of not hoation/alarm systems are present?
Auto-dlaleNtelemetry (one-way communication)
zYes-
CS-S80 Form October .0, 2003 .
Page 4

1/04/2983 14:42 8288986962
r�
Audible
Visual
SCADA (two-way communication)
Emergency Contact 3lgna9s
Other
5UGAR M IN
' rP9UG V J
�� 11
tt,,77pp
[@ Yes
ffYes
L1Yee '
Dyes
d Yas
Describe tha equipment that failed? '
'ESA Covt}r�� pcme1 -}-hct+ Q.penrt,f'e5 evrios d- *Lrnj5
What kind of situations trigger an alarm conditlen -at this station (i.e. pump failure, power failure, high
water, etc.)? PV1�'t P C�l l I1�1'����`5h Waf�►r
Tl � 1 1
Were notification/alarm systems operable? 1DYeJM No ONA ONE
If no, explain: Colvlol212 �dw re al�tt a t( t`{lQrnts dp��roc� Kl�/ [11 rit Ic
If a pump failed, when was the last malnlenance and/or Inspection performed?
7-5-o9
What specifically was checked/maintained?
C�� eLlCec� l�ee1C1`� �. Log�ec� 2 ut1 �-i �� e
If a valve falled, when was it last exercised?
Were all pumps set to alternate?
Did any pump show above normal run times prior to and during the SSO event?
Were adequate spare parts on hand to fix the equipment (switch, fuse, valve, seal, etc,)?
Was a spare or portable pump Immediately available?
If a Float problem, when were the floats last tested? How? 4
QYO No O NA 1:1 NF,
Yes® No [DNA 11 NE
®YesO No ❑ NA ❑ NE
❑YeSONc ONA ❑NE
� vp le* M4+0h
If an autc-dialer or SCADA, when was the system last tested? How?
Actvkfe-d AlRrM d tj-J,- a
Comments:
CS-SSO Form Octobar 9, 2003 Page 5

11/04/2003 14:42 8288986962 SUdAR MTN . PAGE 19
of testing, records, etc., should be r
What Is your alternate power or pumping source?
Did it functlan properly? ❑YesD No0NAIJNt:
Describe?
When was the alternate power or pumping source last tested. under load?
If caused by a weather event, how much advance warning did you have and what actions were taken to
prepare for the event?
Comments:
Vandalism
Provide police report number.
Was the site secured?
If Yes, how?
1JYm0 No DNADNE
Have there been previous problems with vandalism at the SSO-location? DYMO No DNA ❑Ne
If Yes, explain:
What security measures have been'put In place to prevent similar occurrences In the future? 0Y9sQNoQNAC1ME
Comments:
Debris in line Rocks, sticks, raps and other items nest allnwar1 in ft,A
What We of debris has been found in the line?
How could It have gotten there?
Are manholes in the area secure and Intact? Y9J ]NoCINAUNE
CS-SSO Form October 9, 2003
Page 6

11 / 04/ 2003 14: 42 8288985962 SUIJR< M IN rr+UQ 11
When was the area last checked/cle ?
Have cleaning and Inspections ever been increased at this location due to previous problems wlth debrlal OYwO No ❑NA ONE
Explain:
Are appropriate educational materials being developed and distributed to prevent future similar ❑YeeO No ❑NA ❑NE occurrences?
Comments: .
Other (Pictures and a police report should b'e available upon request.) -
Describe:
Were adequate equipment and resources available to fix the. pmblem7 ❑ YesO No ❑NA NE
If Yes, explain:
If the problem could not be Immediately repaired, what actions were taken to lessen the impact of the
SSO?
Comments:
For DWQ Use Qnly:
DWQ Requested an Additional Written Report
If Yes, What Additional Information is Needed:
Comments:
UYINJ No ONA O NE
CS -$SO Form Ootober 9, 2003 Page 7

11/04/2003 14:42 9ZdUlddbJoZ Z)UUHM III iall �--- '-
As a rapresentative for the res a,,�,, ,e 132 i certify that th® Information cont2�ined in thi
y knowledge res art is true and accurate
iF� the best of m
Perron submitting claim: Date: % — /J
Signature:
d�er���
Title:
Telephone Number: Ba a 9 70
Any additional Information desired to be submitted should be sent to the appropriate Division Regional Office within five days of first
knowledge of the SSO with reference to the Incident number (the incident number Is only 9anarated when electronic entry of this form
is completed, if used).
CS-SSO Farm October 9, 20t)3
Page 8

. D
MAR 2 8 2005
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
State o. f Noithi Carofi a
OLpertment opustice
kOY COOPBR • ' 42 North French Broad Avenue
Asheville, NC 29901
Western office
Phone: [phone] , .
Fax: [phone]
FACSIMILE TRANSMISSION COVER
the
Note: The information contained In this facsimile message is confidential information intended onlynot, you y.ouuse
of the individual or entity named below. if the reader of this mnde
message is not the inted' retlpieare
hereby notified that any dissemination, distribution or copy of this telecopy 18 strictly prohibNed. If you have
received this teiecopy in error, please immediately notify us by telephone and rotum the original message to us
at the address above via United States Postal Service: ThS71k you.
ORN Y-CLI NT CO MUNICA• ION
Privileged and. Not Public Record
DATE: March 28, 2005
TO: Jeff Poupart
Supervisor,'Non-Discharge Compliance and Enforcement Group'.
FAX NUMBER: 919-733-0059
TO: Roger Edwards
Division of Water Quality
FAX NUMBER: •299-7043
FROM: Sueanna P:•Sumpter
Assistant Attorney Ganeral
Attorney General's Western Office
-•SUBJECT_ : Carolina Water Services, Inc. v. DENR, DWQ
OAH file no. 04 EHR 2136
DV2004-0010: f
NUMBER'OF PAGES INCLUDING COVER SHEET: 7
COMMENTS:_ I am sending you ' materials faired to me by. Martln Lashua and
couns'el.for Carolina Water Services, Inc. Please call.me to.discuss. Sueanna
1.0 'd fi0 L L 90DZ 9Z' Jew 96£9-L93-BZ8 ��,e3 3a 133� '111 835 11H

To
[q`=e� °ilk• Feprtactcxiti:�Ati'b 7a525sz� . • Tai eta'z .e �?. e0 %�1
20
CWS S'YSTEMSa INC. MAR. 2 $
A�}TID nNIifa{A'rL� OF AQ fi
' . y/•�1�,r1�'1i'11111�i p ��� .. .
Reglneil offleal
P.0.'BD1t 24490B '
Chaelatte. NC 28224
'Tetcpho= 17041 525-7990 ;
. FAX: {7iul SZ5-B L7�
Match 24.2005
Susanna P. Sumpter
Assistruit Attatrny General
N.C. DepadmcatOf Justice
42-Noxih Fremb Broad Avenue
Asheville NC 28801
Re:-F4idleld Mauntaine ma- Apple Valley Resort, Lake Lum NC
:.. DeAr l,Vls. Suraptcr' � .
TM.SanitM Fewer collection system' arts %c lities serving the Faftfseld Mountalms amdi Apple
Valley resorts in Lake Lure NC arc owned W O tad by CWS.Sysiem5, Inc. as anprgved by rite
North Carolina Utilities Commission,
Crarnlina Water Serviea, Inc. of North Carolina is a•rulated affilisLe but a seprir'are entity and Vm no
pfncial involvemmt with ibis System.
Tip!* �ou for your attention. • '
eerely
Mw- in Lashua
Regional Manager
Cc: Christopher Ayers-Humon and Willituns .
ZO'd OL:LL 500Z 9Z Jew 8SS9-L9Z-8Z9:NE3 331330 01 H39 11M

:.�!VT:.:$j�:: • • .. ' . . �-23= `5:; �� 2'-:.03PAi .•:. � '� � • ' ' •.828'.,25•� � ��38°� � `�•�. S. ' ' .. .
Ht111m if W ILL1AIm u •P
KworqqmsmluD
1�`1 R� huG4L1�Q,TH trUICUHA:7Mir
IN. 919 •W- JM
PAX .919-13343
' to twtlus: Sueanrtw "tet, Assistant Alidmq General
FAKI :i 826 �151.6838
pHaim NO.;
PAS pKp11r1 M camrr 6
OLtlral�dL' to l~OLLlDW di W[IL� � � • � � . � . .
FRM • NAM: CWdphet A Ayers
. '. •1xtt�crgA�: 91989$-�129 ' • '
AiPMLWNrltPW8scoNfaC'1'aWS'QftAlf Aiaelalo*'
oPkm1'Om
tr 79 111i91L'1! 23, 2QO5 '
• riot::. - - .. •
' . ' p�NrtYATi�H•N111N1= :
c imffmurin mD,,
i1116 mrrMll dor► w oa111da1d►el and Ir iferldrdlo be pnvN>tgrd plrteumt to do e1W4,dield P1 the irk•
pmdlrsldopG1111. U,tho.�d®rolpl�alel�ee�4icnotihsollanded�'I�ei�nl�atl�artiptotrerole�hl.l�a�lelo .
• . � >leFler a to Cho- IN,engpe treipisstt; you ue >,e�t nol�ird tlbt s� Cratpe�idneben,'drstalraGon ar �d�� .
. 'tblr�ymir�i011 it aYimHy ptdllbiNd:' q ynli ha�l�+l4d tMt Oomh!IfA�E9�9e fnlflrU, Pltlago A�trro►y na1iN � by ,
illepwtw,aid fdikthealbn a�?u6atihea6orraiddrier41a1h1'U,S.peaW9etNaa.
CO. 'd
OL:LL 900Z. 9$ SEW 331AAO M N39 llh'

-2•'.V7'. .1� •1• .'' .. ` "V.7N�1'IF'.•17
R04 2Ul
.• 'w i.
STATE OF NQR'TH. CAROL.INA
:,.. UTILITIES COMMISSION
RALEIGH
APPENDIX H
POCKET. W. W-M, SUS 3
BEFORE THE NORTH. CAROLI VA UTILITIES -CONMISSXON
Know All ilan By These Presents. -.That .
C4 S Siam, INC..
is hereby,granted this
CERTIFICATE :OF- PUBLIC CONItEkENClk AIM NECESSITY
to Provide water and I:ewer utility service
in
'FAIRFIELD MOUNT#INS 6EVELOPFIENT
Rutherford County, north Carolina
subjttt't¢• such orders,. rules., regulations, -and
coadit.ibns 'i s.- are now or may hereafter be. lawfully •
made by the -North Carolina Utilities Conikiion. ,
ISSUED BY ORDER OF.THE COI155ION.'
This. the, ay 'Of .
NORTH CAROLINA UTILITIES COMISSION
'.(SEAL)- n ra J.:Iebs a ler.k
c 1r0 'd 0 L : L L 500z 8% Jell 331JAI) 01 H39 liv

1:002; $28:251' B3'38;
APPENDIX E
. PAM • 1 'Qf 2
SCHEDULE OF RATES
for
CMS SYSTEMS, INC.
foe .providing ?!#er'•and 'sewer Ntil'ity service in '
FAIItPXELD XQ0 NTAINS DEVELOPMENT
'r Rutherford County, North Carolina
Metered Rates:
Water Service:
Vase f%c i I i ty char a ze► d Co UM Lion
-.Residential:.
7.00
Coiglherci,al: (based an meter size)
• r !later si ze Base. Facility Cha e
3i411a.314° $ 7.00
.1u i..10.50 • .
au 3 m 00 ,
$105.00,
$350.00
Coxeiadi t . tha a ell meter $ 2.38/1000 gals.
5arrer'.Utilit ServT�ce:, .(b&aed on metered -water usage)
Base facilit cham (zero -consumption),
XPW of. Rase FdciIity'CherOe far water service
C'omdit char all meter sixes 2.I4�1OOD.gals,.
50'd LL:LL 500Z 8Z Je1V .39I A0 M H39 iiV

':-.'�Y•>: :is .'�-23- 5•'c.'�,��fl4E'M•'�• _ .. .' . • � •a28.�k li��Ls.:7F• 4r. •� _ , - .'nA
/
APPENOM E
PACE 2 OF 2
•..Co6naction Charges:
hater: $ 00
:meter: $ 59
Reconnection Charges:
if water -'service cut off Vy utility far good Causer' i72.00
if r► "r serviee'di�scontl'inued• at.custoaer's request: ••522.00 ••
(Cgstomers rha'Ask to be reconnected within ':tine sonths- of di'sconnectioli
will be .charged .the base facility'charge_far the service,peri.od'they.were
di-scannected. )
If:sewer'service cut off by utility for good Cause; Actual Cost
(This charge will be waived if 4ust6nefr..is also a'water•customer.) r
(The' .utility • +iill•• itemize the estlaoied cast• of disconnecting 'and
reconnecti'N service and will ,furnish this exhibit to- eustodlers wl.th
•. cux=aff notices.)
. 's.i l s,' Wvt On -billing date ,
.'silts Past Oue: 21 days after billing date
1iIlinl Frequensy. Shalt be gaarterly, for seirviee in arrears
Ti nonce Char a For late P nt; 3% par month will be applied. -to the unpaid
balance o a d s st vast d 25 days after billing date.
9turned• Check CharSle: , $+7. 00,
-New. Custaner Charge: $ZZ. O0
Nair Sewer...Custawer Chirac. $16.50 (?his• charge will, be waived if customer is
:also A' watef Customr
ssbed h' Accardancd w th .11ut ri ty rants by N orth Carolirra Uti-lities
Lo0mi'Ssion is Docket No.* W-PS, Sub 3, on this the day of
• ,1991•. - ,
90'd W1.1 900Z 8Z Jew B£89-19Z-8Z8:xUA 30133O A H39 M

=$`T- : 3 `23L:• 5 ';;..899619' V.. 5 •
r
' ' '
Not'ttlt Canal-rtt$
DIEPARTMENTOPTHE
Marshal,
cxr lfar�i MI, RM4 v�.S'T',�,TE
•
- ' Pa Box i�INph. HC 3'Ti7B0� i:19�1i0f-�EIGQ '
3Corporeilons.
• - •'Cntporat►otes Hr�mC
Date: 3'. 905
.
't&WO*
•LIICk•Aere rer
rali FbffntlFeeS
!Cotporatwns > O '
vim IMACU rent Flllra* I'
— , nni s•popirata+d Annual Rgmn Form I Eileen Annual fiepot= i
' +'Cobacao 111letn�pturera
. • ' • . • .
�Qibittlutiots.Aeporte
6:• rp mfloD Names
4MI.I=pW* *t;Repn►tS
_
Overly comilk:aimm
.. ' +¢nl1n�@ /lnrilial Flaposts
I
" WC c" system, tom. Legal
Unka'
- euecretary Of State Hama
Business Corp"on Information
. . !IReplats[ toi,E-Pr+oatrement
." _. •apt. of -RoWnua
saim:. , ramysm
- •." 'LeAiBltflwn,
-.s�ti�g
i�lb�• 1�7699A69 ..
, t�[1atL' $IliS
i20o7 Bill'Rummarie®
•�� C1trrR►R�CFWC .
-. •Aimual Reports 1997
Date 09mMd; 1!6/t987
" �arppr�Rlprta•18E�T
. Ratlba�altlp: t}omestla• ..
Searr:h
Inc : NC
iBy. C«porale, Name
burs#ion: pametuor
Far' hten� ootgoralpaf+
ftiStered Agent
Aegistered Agent
e5tdttA •Order
Agent Name: C 7 Gorpotation system
''New•Paymoro' Procedures
Coltileei Us
'Reeiswed Office Adtlmmr 225 1-111Ishomugh7Rtreat
_
iay Dlv#aioh
Raleigh NC 276M
Seoip df
lSeorelary of Statue's web ells
t7eglatetdd #Aailtng .225 Hafshorough•5treel
'Ss:
. ' • ' 'Prit14
Fi 41% NC 2761M
- -
�Frintelole:f'�e '
Principal Of la Mir = $701 WesMark oriive
"
as101
Gf14 IMe NC'M17
Prineipal JIOa'drinq Addrd : 2385• Sanders Rd ..
: Nodfibrwk IL 6,005"196
S
Ola s Sham No Per Value tsar Value
COMMON 1000 1° '
roi wear" ar ram neera Aboui the AbM ttir W 50CM&W or swws wob site, preeae aerw a-maYro > ter Y :
}Lt.1/iuwr�d:f�iy.:s).'.r►$/itilptli�ltiDeSfCorp.:44px?�6eYCIT4�•=468i3SS 3/231ZOOS ..
10 'd L
i.: L L 500z oz Jew 33 I JAO dI SH 11H

�• J.S. ikt'..���^.raI."_r'+>;`�:''";ii`;'t:<:'a,'i3..�.. .r:,;t:;'�j�2•::i�.;�. s :V,.. :i.:•:�+: � I
:��:�'iw �T�y<LL^�;4;;!•;n�<fC�'.:-.`i.s�r�,7�^?rt�'Laq; _ .$ir�.�S:.:ti.r;•a ''�"r:•{�:'. .. :•
rt aroCxia f
State of xc! C
wet offma I
•ROY COOPER 42 North Fm=h Broad Avenue Phone [phone]
AttaIDeY Genctal Ashe3'ville, NC 28801 Fax; ([ga. 25-1-4338
FAGS _ E 7 NS ISSIO C• VE H T
Note: The ingprmatien contained ih this iacs thie rele aderge Is ofthis mesdeaga is not theon intended only irrte ded recipient, ycu are
of the ind'niidual or entity named below. of this telecopy is strictly prohibited. if you have
lieretiy notified that Any dissemination, distribution or copy
'received this taiecopy in error, please immediately natty us.by telephone and retsrm th$ ongrnal rnesssiteio us
at flee addiessabava via united States Postal Service. Viarik you.
A ORNEY-CLIENT OC IVI 1C TION • •
Privileged and Nat Public Record
DATE:
TO:
-FAX NUMBER:
TO:
FAX, NUMBER:
January 26, 2005
Jeff Poupart
supeivisor, Non -Discharge' Compliance and Enforcement GMUO '
619-733.00.59
�R�g c dwaX sd .
-4iviion eaf:Watr°duality
299-7043
-FROM: Sueanne P..Sumpter
Assistant Attorney General
Attorney General's W®stern Office
p E-C E V E
-D
JAN 2 6 2005
WATER QUALITY SEt nbN' :
ASHEVILLE REGIONAL OFFICE
SUBJECT:' C rol26- Yllater Sevice; li�c. v. UENR; DWQ
OA#I :no. 04 EHit 213B - �= iFL
DV 200470010
NUMBER UP PAGES INCLUDING COVER SHEET: 41
COMMENT: Please call me once you have had an opportunity to review these '
materials,, Sueanna
10'd £0:£1 900Z 9Z Uef 3013d0 01 N39 11N

n'+� :L);,;,'. 'iq'ti '.tC.�' —�.�} .�"�'i'�=i �1 ,.f aJ7�V1 fir'' •f ..VIM 7'
1'�Y�`+h4a'ia'`^-'�'3,''i ':'�•;r�'::rri �:;ic.;=1i.�v�:'fS�`•�}k„•;v •�•� - _ - '
' �L'A,<�'!�t'�f; �S�:�iC.tl,:�✓�;.n��^:.•'.):i:1;.'•tr�� `.Fc.?•h�Z;it;a:l;4q . ✓' • ... .
' ('� xuKrorl � wiu.tA�1 Ltt
i /\ i �iJ►IF� M C AR
2760
. LPL. TW. 914�A9?•7gp� _ .
WTIAMSfAX• eH•/33•A3i2
7ro t Susanna Sumpter
I As®istant AUDMOy General
' '. FA7(Mo�: 828-251-6338 ,
WES (INe WM t:f,J041 10
CI'i141NA1.TDl 1Jd1RM11A1i: Elyce ®th
i$Gpl t 11E: Chflt3t*sr J. Aym
M ECT DIAL: 919499•J129•
IF MSLM WnM7Rlltl61QS8 oM, DAMP CONTACT VMAYOA AT fir$• ®9 ■ 313l,
UPMT& Pid'assifflW Assistant Kathy WMh
13A7'ts• January 12,200
t 11HRANATT�iI ialI1N: 24419
cL1E9iTAlu I T� No. GIM101 r
Ttue oarnrturNce+bn is eomi�>rp�l and (a i�tltl9d b be yrivlleged puaiaM to tha 6lbmay�l prwilege and U■
ane ruder of d,oar+es�eis ual the Irdended oeaplear, ar the o+��reo � � rs:poi!mWe b
deft d to to rMMJc.dM*",•You SM tbIMMO Ihat x7lifi0nfirADD, IMMOUM W WPltIR9 a' (hS
zarnmw+Ket legy'p1?7> eeemogly in
ed by
... (plOPltone, aed'telutli tho aim nbaat�e b � at Nie a6pt"q'�dreas Via Itq U•S PSI � • .
VLAN E- "'E
2 6 2005
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
t
ZG 'd
£G�£I. 5GGZ 9Z uor B££9—G5Z—BZB:xe3
331330 01 N39 11H

' ` _;�. �•; ;ti''- ;rE ';1-1 , :5 3;o..t t•:+ -! _ ado •4a1 uuuo.m e-r,w
--.i:.;: ,,.,, ,'ri° Air;• � ',r •'t:
p„JIMc QE :.. AFFIDAVIT- C?� tlB►LYi A` '1+D
C s Z;yklpms, r,e.: o+mm ann onaiai x Of
f�iiNa10' >tiAounlnins FIVIAM uL'Idy 5pstam A STATE OF � NORTH CAROU f1'1l 1 9AA1
Wilmli' NC, 2s7A5.lrtaKS7hat Yr 1
apprc><rnataty..xa gauona d velmxad Rrli'HERFORQ OOUN'i'Y"
;riisst�vtuu. rra� eaaiddtl"— . 41129+atIP4
mits76tl ifduMIS Ctaok All of l9uliato Cfeek• ,
Rol. an 7I1ZIW Grip+ s 011M a4' a 15fioer a the undeistgneci', a Notary t?ublit7 of said County and State.
�)dr�• .Thta:spill' wax IN result at a.0"aft!'
`. Q„C11,, „r,i„� 9m 10 il}o :qmmissioned,,quslitisd, and a+lthnrized by taw to adrnlnister
vtwairkal gevttrals siui alarms at s .5wWary , personally .appeared ,
• .,mower pflmP:aleitlltOn'FaiA�CIL1
•k7CatI1G, al �5Q7 t3liltato .
+root'
S ii1 ,Moun181*`6 fid9CGL; $USIe St5lC '
riaepsui•wera Ynsde 4s qua;k►�C'as.ptY,slla and
:tl7A max Clsorted. 811ls Greek Shand t10 Qt�i .
bis cighi dl,aliMronmental ,mp,tra. $itodd. voix )eing first duly 5WUFn, tlapo585 and Says; that they are
'hairs e(ty qut lcjlC .p)easo mntnct = Arm:
MNilaQf►r,Mr.lVafcWoady,algtl0 2Z•9a91, Classified. Advertising Representif
(Owner; partner—, publisher:,. or otheT offivef or en1 toyee authorized to
er
m4e. th, affidavit) of THE DAILY CC7tUi: ER', • ne tOW�� tit .
published; issued Reid enteriid as .second Crass mall to t
FOREST CITY, In -•said County and Mato:1hat thieY are authorized tit
make this acrid' it ano. sworn statement;'that the notice or other legal .
make
of l t, a true copy
of -which is attached hetetb; was published
in THE RAINY COURIER on the following dates:
surly '20, & 21, 2004
and Mat said newspaper in which SuOh naticc�4aper, •documertq; or
legal advertisement was published was, at the tith a r` each and every
such publication, a newspaper meeting ale n the +Matures of * s and
ualifications bf , Section 1-597 of the General Statutes of North'
g tt a t nil was
era calif eds of newspaper
aMt in ine.rneaninNorthg of Section :
Stat
Tttis the grid day of August. 2004.
S$12 Sis , ItiE3t id J>itrfvertis ng•.R$Presentitive
Sworn to and sub8bribed before me this the 2nd day of August.
2004.
�hpaes,: Nit r P ,,
My cornmisUUn expirew Atagust 211, 2005
e0''d e0:el 900.7 9Z uep 391AA0 01 H39 11H

'Oi]i3G'p IF .30'110
✓nhti��r-t'.'a .r?.i.es;':i%1 �.. ..Jr� ''Vrw.:�tl'... j...-r.,,.', l.• �`� - - �.. �'—Ir �: .. .
_ ,.2 }i:•✓.'-•••��tji!3T�1..�.rF4 ':Y ��Y*YP':, .•`'' uK 3G .•'S��f1Ii�
Cd)i(pll BrsblR $pt� FrY1R�
• y '" ,�r+--Ly-.�y�ll_• �. a�ti�•[� • ��`'�` •. - /1\�{� a ���y���r���r..+�:`�f�pa l +�..�1�r+w .
...�.,.�•�1MV!wT��.�•1••r��II�Q�yifM^�i�� ..����11_��• :. - •
, � :��err+i' +�,olki.}tmh • 'p+� •' � r� a#�riylee ta. es.e�s *n+.PQlwa�i - : '- • . .
.. M _ � +urs�c �*�el�a�1 �. •. 111�dbllli •
:. • .:••gee;. � C]' .� �'1�1,� , � .
' .. •. ''S1?PGl�a�.,1�;�aain dpi+�,{h. syo���l�l�aa'�M���pa�e+
.. • =T..—
Loam Ing Am
FIX.wtan;ud Ot�1-la-aH-a'I tr► °IwIS'--A* nio ►e�natn; �'l���i =tom r�
gat +4v+ar.n Vftmm 4 �L�;D ", 4" txn �lndton it
;W" Fri TORC i Sowl �
. .•:.'Nt�ooil�.a+lsa� • • i � .'ws ,. � . rRt.,n � .
} .�lallr:olr'.�.+1ri41 . '17Y:�I�1� . ule ��r..,,als.■giwa,e:r�ralr
lift 3m,
swim Moss ca+laan Q Grows
- ' • . ' .° 1��:rwl�.M1a>h '�] �Irrol��ap�«�nl�►« C1:�rirr�r. � • •
aN.• —Cu pyl ,fin
' 1f aR Sib d1! Qf jAq..plMlr4110'1}Iji ite&M m"I Mm a d* *p 0C . WI
. �pp��,��74l�11k'1C(hf;ll,y r�e[iAoladr�Nol�a•I�+o�ut��14d �. .
.flIra" w11RR': jRrf el#rMl10fCMYI 1p�leR>I R�d.N�etrat4o11!IIR 1�1
Drrna� du��til+i�11111�'.�rlb/
o�11on � 11Q p®�I�M•q>MI.>1MMMit�1���
lief ii>flAlkim
PWl.O t1A1� Mile' Olo�■ jui�lo irliitti 1brrM�r �Ilti. �ibwrdluri�iy. TrM n 11� M M�
Ri��i dM�nin� ot�nll dselinw�l ra�:7111rall� NU bnPOE1.wR10 � � �MI�iMf 4 . - _ .' --
-: , ' WFIEi�1�R OR N�:PA1Ri' 111� Oa1�LEiED. A IIIG�il1'iiJR� IS �lili9E� Af�'Titl: � OIL i1i11 FORM[
;' ' ' �EfIf414a�IR • a�ivew,r�\�1 .. , 1� 1•
E9 3gtld 5N l NIQ'Dx litl�ShY,�
Wd 500Z 9Z Ue f
�LbZ5Z98Le 77:�'>; p8�0z/g7f.�B
BEE9-G9Z-BZ9�xed 331d.3j0 M 819 11H

m
1.7' 6i-�\A!._.4.. .• �'j':. ;: '-fir.. �'� r C•' .
tn�ivwir>�e ria�ts F EACH 1 AYWO GAifSi4kckW fit PART f OF TtM..f* M
AP
Mum
'.•• ��a�c�.�omu��+�ou�a��u�r�a�ro�r�ew�awr�a�o�e,ate
LRCLE a rr w►sINEEN BLMMIrMa f C.MON11C"y Yt WCUGN TWONLM REPQRtM f'!lYVM ,
..•.•�iourRai��esNw�eli�iiMrM�nd*�1a�.t�Nnofn+�aew�+l� .
x"ISMOMAMIM.— RISEN III,
: ; . Q�xaulpN!flnartlar��wrw�ft+et+q�es�iirqlefivlkel�+�rritipM�ro1�4r� . C6
• �: H�rfiiiti6�shl�lh+p�rdlM,saftdAq'�er�lbdsc�oflhM�lar .. Nr�N�
. � •Fbtir�;tfiva ta�al! #� �� a•11ipfti j�l� iir�lr a� �ttrrra afrol�iigd �1vMw? � .
' 'f�i'M�4+ier�fl�ne; • .
� dhaged�lrw+reAvis At1f *MMUO
• \L
.. ��� ' • ��yy..��,,..���� yam. -
� 3�Jd� sN�,wa-oi�1a�
50'd bo:0L HE 9Z UBP
9G6LMS038 MITI learnt r.&O
BEE9-L9Z-B49�NE3 331J3O 01 N39 11N

- .- .... .. .. . ;08: .. ti .. .
�;�"•''`:.'•: .,_,1;. :- •,': ;�'=-1.2-.'S.�•3JP.M.7.. s�� MITI— _ '828.•�51_6338.ix•,51�zo•
��;;r%,�„I.i:3ti!!��.�•:-wai;.'�� •,Yi�7nraa�d�• .�._ .; •-• - �'s
rw�:ti,i?�`w"`�r:.ir!r�'G.7;�:vr.."."'i�7;+�:: �.,�"ri,S7'3��.����c:::".r:�.. �r' .!•� ,. .- - '•i.
.. - aaKB++Nlhlla n� OUR" Jim citidod llr roe". .
'.:-'.�k+ys�!•Ii:+s:�1�IC�Uiraateae�tgor�fi! .• .. i��1��1� ,
aim"
¢•aeaw�dDka�a�pMwaUhftq.t raw
. ' • �YHr!'gq'r a�leiiM rri j�e�dal �. � bC�nld hdra� Mstft inlu�k�
' , .. �.d4i•Mfa;bwn +�� �� 411�ehoe6 dd� ri. phi lw�' 1M%
-••'�+!�i�.+e.:,�c•11�io4o►�b�r�Qao�i�v�■�ee�r�n�r�+�e+�•t L7���rtC1�
:Cs01a11er! ..��.Ti�
90 3JC�a SPllw�!'i�Y�li�'3� eL6�zeata Zz : �z b�,Ab/�a!•tA
90 'd b0 :8 L SDDZ 9Z Uef 8889-L9Z-BZ9:xe3 33 HAO Af H39 11H

fa71' OJJDrM W lu
�-a�. 'py&ii4ti•''�:';yn�{e�i•it.•t.i - •::.*n„G:^ �'��'Y•�'t:�.r�;:. :.:A.'.;w.�<• 7.::.: n-"'. i '..
�1/lm10 H . !lwll b wdrsr ar w1R 1 1 r>r Q p�Adw.�1hM 1
l b.d ifol.'
• Hi.�+.�e•�,•.nr�.+..e«n..a�.�n�n.�r�rw:�r��.�+�nis.�.r�r.,er:.s4o�o�r �rri�r�:.
#M!di►•aeellY4pm ON 40 iam du R ftwMaw?
�•'.'�i�raslki:b:.�,a;eoM.Yra:e��fe.a.a'th.ww+y.�r'+• -- Div .,�;
a.bnywcoom", I., pw?
11
• �iNv��rs�t!�tgtQrl��•1v4t1i6t'.IA�1:en�ge�'f .. M� '
':'.�'�u!!��p�d'll�yrnajert�d��Acwt�pT�ia�suge!11�+�rn�l�lr�T 110
'• • • :..� i�i flnae aeei:�.p iutltie. war �1�. �saiedteln �,a r�,rem 6Mnibp<tir� Aarl� rlti !+� • •
Fiephal.ilfo.Rr� A�11�rN1 �801 (0f7 .
. 1 Fan iaoollel.�on do �6tt�, Te�dea
LO 'd
A "P
SKLMMIAIVASMa
90:8L 900z 9z Uur
ec6eezfl
B£E9-L9z-8z9:xe3
n
MIT tPOEVOW2
30133,0 A H30 11H

"�:$Y�:;::.:',_':�:•�'�: � . .��::.. •.•::1-1�._.:5•�;:.3::Q9PM .� .._ .. y •:$2B:'25.�•�338;t�"i�'i0 ..
•5]..•. 1t.},Ii�r1:I�1 S:R..'.i�L`.ryi.b: ,''••iali r.•Sru� i.•�•�Ji .1•.If1.V•.�•i' .-1'• . -
:�:' � 1 '
VCAM
1
oera#,r.ew�. rR r40 ' Ga+-4ftl pqrA 44,16 e pw,!as
' pumO& 0,
:: 1NM!R #1�/ d. Q#r iA+�►Yn oaiM�l nii' aloft mk*# R r" m*m tftw M* WM4 mol
.: y�ill�. rub'+ � : ' '�V�.riy' ��►�lN+� i �►1 "f► .. 6,,�R�E�r"
•
efi . 04 a1! ' Al�r�+cs, Je�i*•gcd'
//��� !_mil—Y'p �I••,��J�l�!-�_ __F— �•.1 __ .. ..�.
�
aMAgpM +bownomat�ny,.�,lafn
'..:••.�+sdiq!+�•sj:ti�w4enit+�a�e�lLc�Ir+4G4v�ntt�wll+d+,lko�,*�h+.��
� �iMr�1tC� :
L8 3i11d $'11U1Q'l3�iC/�.SNID a/R7C9Qw�w TT'rT wnnTlntr t.n
80•d 50:EL 5003 9G UeP 3'31330 M N39 IiV

.`t `u^� r's,�',�.��•?. � �., :•.Yr. �.c1.:.�6�'_L]: -!t. V 1 ' `'f�1�Y -
�:- .�
;• 'MRrMau�idl�Mh1M�1�.po+�rorptlaebMdleld!r1D��1 - .
crow nw�ladi�v+n�+q � � ✓� red+�ihrt�radei��+rs Wrn 1s
��INiii IfNl1M 7' � ' • � Ib�Mfl1E .
4- ..
Oki -Almmowmw
4 CAI o
•; �AI1�1•.��tlprtfn��f�!ashwi�6whp{��1'P��bP��11��QoeuN�ffO�lk►��INA4
edir NMnat#owed k ft
3
• �:`';�p�ar.Aiili'Mir bite bard �n•r. � •
i�wmmxjmo two
�@ 331rd 5ht1W�`DI�Z1Ili 8l6Z5�u98L8 ZS tiY-qeg�/��IlO
60'd so:9L 900z 9Z Uor :xeA 3313AID A U9 11N

' •829 251 •8938 ;
-A..i����7;::Y��'�?r'!�Y.:' . rR7FOaioo�v�.ir`• . e7a1M�11 •Nr�. _
:_'b :` ., 1- i}1,•.= .!'e•__ r.G: yJ.:'+•s^.i:��•i!. ... ... v •�2• •1• ••
Nmr*#ftn6gand .bmpW}tNvpban*iM�A loWhNaM�.�I��fAw.0, ddfti f,•�rl��#b���l!'
., . cif" • .:
Ate;epprpp�4lia l+p �i1Y w;d d!n{r Waou paw d Ii m
Wirt +drqu�+s led motmo 4w to ax vw O blam4 �
11 PfafYeraamujaMAbat Omaiawomso ntolmmeeu""dofft
for oft Uis 0f{ 7 '
QIIfPq PAq=Vas an AddMmW Win ibpa! � Mti OIIIL�1�
Yb4 MANrA�MEldar{a� �A�?!1laAM4aa i� f Mildtld
'59 .39tld e1EINZ9819 U.IT WeVown
i
D 1 'd 90 :E L 50 Dz 9i UB P 331 ADO 01 N39 lld

:�Y::-':_. •.• .�=;�-..5•;; 3'�SOPM:.; � •82$,..2s1�6�8•:v�i�?'li�••
11Eas Itl
DAN
Jb*MAd "Pin
1h1gMlllk ;d 1r V11C1 1wb�11�i+i�%M!un"(ft11kC.WRlM�f �A M I M1�11i�0111� r� �
..'maim Pon a
of 39vd1dQ-L�IIIa 0L6L9�98a6 �zaii i0Zl8�J�
lG'd 90:SL 500z 9Z uef 33IAjo m N39 11N

Y, w :1.�12:, ;g. ; 3;p p►y:.� _ 'ow 4W WYWtm 6—
ti?• �•••}ate, yL3: '• .�
�S^ .�'i 'i:iait�:e�e' y A . .'ar(T1%�i-'�:s.- � L� ••�'•' •&w'.' '.t•' .. _ . .
�.'u^a.;r_l.: '`s':°#S:t,c�i: "t�,�}q:.. n'Y� :`".t3-" .�:: ._i�.�a..:r' `:5.• ii'
PUBi'10 NOTICE
Cw,S Syslproa, Inc..• Awnef and OPROaW Of
Fjiillold• Mapnlaiml P00e Utility .5y5lem 1n
.Liki.Luke INC, 20746-stalgithat
0ppr6yimAtaly.,E0:000 Eatlans of unlraatcd
�iiatsla:�pefai- was: awiddiMpy 416ehaltoW and
uuiYrad itila,61115 Creek oN o1 BuNW6 Creek•
Rd, de:.7l12M4 avP./ ay>Nrorim�loly a I"Ur.
;larded• Thm:104l' w85 1hq fertill el 8-tll.VRra'
i.IV►m aeid aylWAuan111ghu*g.damage 10 kla
OWN 'W.it 4, jrol''s and alarms at a'Eanilary
s•:wei pump:slNllGp' k�CaliQ at :597 9001b
AFFIDAVIT. o p08L ICATK)IN
STATE OF NORTH CAROLIN A—
NOV f
RUTHERFORD* COUNTY ZOG�
B the undersigned', a Notary Public of said County and -State.
:omrnissioned',-qualified, and atithnrized by law to administer '
perSonaliy.bppeared .
CrgG. Rd in FaiA1010 .Mountcws RasOM • -
n.ipay";•wee reedfI as quwkly.'as.possinle•and Susie Sisk
:the eieaveanad. 6111i Crack showgd Ao "i-,
Ela ages dfAiivlroninenlat lmpncl. $haukl yen• )eing first duly Sworrl,-deposes and says; that they Orb.
helve' any ilu"90f%� :01vaso "filed our Area:
rllanaggr, Mr. I1aa1 Yvaody, aal 8f10:222.9291.
Classified Advertising Representitive'
EA v
FE' 4.2005
:. WATER QUALITY SECTION
(owner; pttrtnQr; publisher.,.or other officer or elliployee authorized to
make. this affldavit7 of SHE dA!t.Y COURt�'.'a new'spapL�l
published; issued and entered as .second Class mall In the town of .
FOREST' CITY, to said County and Slate; [fiat they are authorized tb
make this aftidiavit and, sworn statement;'that the notice or other legal .
advertisement, a true copy of'which is ati�ched hereto; was published
-in THE DAILY COURIER on the following datds:
Judy -20, & 21, :2004
and that said newspaper in which such notice,,paper,.document; or `
.legal advertisement was -published was, at the time of each and every
such publication, a newspaper meeting all of the r'equiremtints and
gCualifications of , Section 1-597 of the General Statutes of North
1-597 ofthe General Statues of NoRh CaroOf hnat'e„rneai�ing at SWIM.
This the 2r1d day of August, 2004.
Su5i2 Sis , lassl led AdveKi . 9 Representitive
Sworn to and suh8cribed before me this the 2nd day of August,
2004.
LA
A.
(�leathPr , Rhadey,: Notary P : c
My cornrriission expires: August 2-1. 200B
. • a tr
£0'd LO:£t 500Z 9Z uef B££9-19Z-BZ9:x8A 11'1.4n A ruan 11W

Him
e
GaUod an SDI NDdboy retch. omarliw 111opI rm"
PAIrr1
T1d�:larni rhan be Pien06d to flfu ppreprlrrs DNfOlirgbnel QIAeo dh Mtb M
':�Finrit�NiNiie': Gol���on•O,�,f�.d�,en�eu..�..:n.r+�NM.fkyr4.ah � .. '
.. �rilS • 511�4�1f':'xY1%. rldiNlrl i114 h ' eM .
: �pOt� dl1t9Q (�t�il rp011� :' lR�tila�Mf1: 17 pyM1p 6UIw,
[wwtdolr,iWuM.�I:i:otio0sl�rw�rk): r"►rw�� TqJqd
ulMe.(dlori�ishjlM1uu11idoend);- k
nwdeNt�tiida a �' l -0 :15. ieolAure wd tit
. • � • ' • 4�►d+•ly1y1 • • . � pn�ni 1Ui1MN 7r1 . Mean •. •
E.wi+•i�4 valunwr eitlw s�o; a0; 9;�i0 ", Oda ft f uffamd a"" n.a.it • '
-BWMRal#*tineslM�w"dnts"Ill". v ,M.� ��� "c 1�
bKn!!Ant r �Lr1�++.-:.rg - r aA'� Y� tl.A �' IA--�,•,.:
;".ix*-w Q'rGAO] a4.c� IN&M V&M godit rudM wallw _ 0..9 k0 CST
- siAi4ilrilerlrn r
. QId Dvi lf0 Aiii11 h O.IW1 IOT • ©Y dNe . U" M Ye% ww a nrllle Mid a+ndsrr dM.' »+
SPEC IC�y� vivo no: .
bMIO l101Ylo1 CarOAl011 ❑ OArw ❑ Ilia
• ' ' • ' . ° ..l�•:rr�.ne I„I+oi�+ 'p ov*,. sr�+r�rrM«,t F.i�r. ❑ :i�orrrdl■w • • .
a VrMrlwn ❑ vown me 13 01w•p4m..wao h Mlo
knri+edl�uAl�6ur:v+�Mned}laruonwpd�db; AyWiA CaMR
• owo fl a•�► Dili (*rt►dd*Wt -o
• . •' ` ' � •n 6S!O1! alpait,pr,�ra ltellly Re�snil oiDa.on � dilly ti� uD11 eeo.a.l;.e. dapped.•: . ' .
•Wr.��1. i1S,�13.1Cjl�; lho �y • v rAvn dq^_ 0� n+e� dsR�ll W- wl�w�rfb
1� rtiM MO I1': N d W.
M 1! d W kowe liin w M Mhl �N+d.nNehanlo awlld I1�d111 M�tlIM
. . • •aoy�piM nd�gn+b �q.VYhi+t 1i3Ooq� Knronl durdw�ldir�MM1■'rrAOtihOe
witch a nArA bo ouls�d M�lir 1D drys and vudla�dan iM be pa�M:loltM►AMIMV1N�d0O'a�
>•:f�MY�t'i•i1MtiAYiltil�rtt�rgeltL .... •
• .�J dicwlw i trnrli!d m"olaandRrd ftm rrw eolwtt'dihm wwrRrt:.91
.gM.dIr911.N0�•rlf!;a�rpDa�,!Nei!�ql�,.y��lldlMl'arudsee!►!k�•Er�an4�!n�ifM1M .. .dDl!%41gR1tirtr f
i!dllidaw'NN! l6� ai�iipo eeull ed1iM I+r j�l ptw�idrd lei MM'sedii o� nwae�li 101MrL
. •' .pOilA Ondbt'ee.�td re aorkn ��11Arr�1i diriM•Ibr rM.r.r 11r �w nIN+rMai�a f 1M� tnidnwpon� ii M.tOw
Fit dWrreRAP* wav-r'im- wdidbaLTMrahmNUiop~*fbeMeow* wOODMlla
1MIE7iRR OR NOT PART ll ie t7MPLE1Eo. A giONATURK IJ REmnpti ATTHF mo O!r TMO pm
b54.w owes am
E9 3�Vtd SjJ1WQ'13X 1It1�5MJ 0L6Z5Z98Z8 ZZ:tY be®L/a, zho
b0'd L0:£L SIDE 9Z Uer 8££9-L5Z-8Z8:xed 331330 M Nafl IIN

o�oo, R If x GO
flo"
� ew
��
"' -'•YriamFam
ANdiyER 7f I'dl+LDMNG OUf:aTMS FOR EACH RMIWCJtMjo 'Kum IN fMT 1 ew TH1•.f�lgll t
�tNd tct UpE:1"Net APtItOf'Ru�TIE D' cCUMEWTATlm An REiglllilm OP pEsmm'' .
' • ' ' CdIN1�ETL'OM� Ti�b�'a p�pj�p�p � p� �T� �� Ct� Ml h>i� f . ... ' .. ' .
hi b0!iON 4■14NI, NA Not !w
' �d � NS Not l�e■t■d • ,
'. A iNAW&lpv (w "ft mm smo= it augUITTEp TO TM APPROPPMVe MQ f t1301oMA1.
t :Esa rr HASUM ellet111'roo Ei EcrRONIGAI.IY YHR0AN T1!'ONLINQ i1JeP01�tfNQ ilIN�TlIN • ' .
. .. N■�irat•aiidltlai� Ihihde■n■ tt�rt!■de. ■�oJ . , - .. ,'
OWN L
'Wk4lict iO4 qIL
;MoYr nweh ■Mine ww aN Mwl ■ om"" 6*" fn rrpMll��n f..�li w��l1 .
7 AMR: SON dmm�ftm
'::•
�. . ' vri�r�wi:eh: w.iw�. fhr+o.dee tn. o�.�•�•rf �:w a.�+iarl• . .
: :. tie a�ai+IMw wn r�lo Vim
oni.,� n�quNea n:w atievAl bpw: �� . (3vO*CUE3ia
• � 1qw If i■r.QN4.f■wi�t hM�p� �t enAaearA+.nl sc1�Rt I�w+ an hll�hl w �r ,. .. Nr��7t� .
• t��i m�lilast
i4Mr:dw.e:.m,awflsa ar' krmb "m lhdw m dw Okow M omml
�+�►: dwy,r:■d o+ :r+�n.fa+� d,� bwronT ,E31—
q8 3Jtld SNJ.WQi3Idtllt/dSM7 0L6LSL90L8 ZZ�iT t+68�/0i:/L0.
90'd W£l 900Z 9Z Uef B££9-15Z-BZB:xej 331440 M Nail 11W

=1.2= 'S .: • 3:O�pM . ; �.... 82831633®; 5E1u.
=?:= �•,-'J'�.,c�-'.v ::.�5�:.�. ��. „±.4�tt'ai ^i x; �,,:. yEk+,,%. r „c%Sti.� : Y' :',it ` .. ' . • • ,
i+wrMP7plwtt
wn 7
wn�
�etw!aMNler1'1 N p(r� �flot�� �r(w�• .q� M11EMn�M Mf Ours bw c�tidcd I w pig .
:w.� r+:.ro.aa�+� •. C�n,;�]�i.C7irI►O�I . .
\ � ' ..,�.da,�1e,0,;� ti�olkr+wira:.n i+ar...a.t � tao.aaj a:aui.'elroan�� � �r ' w► Mt
Ioid �*fr.hM"beMwomip diMdranoWag" (OW MmwWWq;;Z;M
' • � LMh�"wi+i�11� �:lei�r ri pMirti�d atl hi �i9!! bGMI� d leduo� roo! Mudo�n'► ,
" •.. �h! Q1�•�M:ewn iRbk� Ilrw/ rlddiaed �M M pi�l f��' 1y
• .;.•t�RdN.setd�k�ebN' .
' •'M!9�oiJ�nd�:ii�sDC'�i�lOrAq" � •
id�iislii I�q �1 Qdofw ( ■ adw#A in AV own* to QM� M 1l
;Cse001le.Im . •o�ads.►a. MOb!
PM �.
16
59 3bVd SN.IWG i3XAIVASMJ
90'd 90:E1 500Z 9Z Uer
®L6LSL99Z8
9E£9-15Z-2ZA:X8A
za:tt b®eareaiia
11144n M u7n IIw

3a;08Qlil OY6 G}71" GJJOrn ui av
:. •:IMNtaai�ii �•'r 6iM b■1!1 rsin y i�ar w rknMaN 11 I nil�d vrwA�wo w �111 � Irr�on '
Heiiiw. 4s�n'.np �! b d�nlMno �! p�eelwoi h� Mi eowerol Ndom of al9Ad bofto
:.r `�. iMMri rn Rw �iraanolmd �nA +rf� � dN � teooi�ldT • ' .
'• Ifil- M oil eiNn ii&s IYlid ev w�dA•d 1 11<N pMF NAr7 . �y .
-.'K Y�i!MIOi(Md �idlC�b M1� MEdO!M �/!� M MMO ad Wo a%M Of much adooa
:' ylhMon.(11fMs«bdp�y�dn in copow ftpRv m d pmn?all
�Il
Q pMh, yhY bin sp� 0. N Mdlif�i p 11i
vy
. • �..�� �� �► �,ldu0ln d'�1�fON1 qi {fON ao1rl��gA! Y�IIA t1oh11 MSM�19
. • GVA�'�@�lltl;
- Moyo iN Ilflo� a"q Mff= kjft In Qb lseDloMIk WW j7ft iR bMRM dd IM NE
= "t<'• .:!lfial!5.
!►aoflM s1Mu p1a1N11e.pr�yoj M�!r�1 ^It�Md i1Qi f00nk7
' ' ' �'b'[aroil
'�►!�►ton1' ' err
. • .At �
M Frll' , : ��r
• 99 � �std'
SN,µVQ1HYdtilVAWD
ot6z6Z98ie "WIT boor/oZ/L®
LO'd 80:E1 900Z 9Z uef
BEE9-l5Z-9Z9:xea 111aan !A min iiu

# ' 7/I 0 09PM y A28 :'25.1 8338 . .
••'•.•.:t:'i.:.P.:stYi�tr`,j..i•:,lr':u rtr,.:.;�. •:..�.;'.:.: • :.::3•'�� :..ii•�:; '�il`::Ck . ' —
•w
�CAg1►{NMe►whreen � Oft .
Dow . Mob "
° .°"' a IFbp Cow, ftl P444 fild . perL6 'puMps 0 Alivr+d
:'. 1WP d.GI WWdos'Mv* aA N� agildl�eii' � It1.Itdon p,a, p+rnp Allki� p�ailr �.i, M�
WRtsC
• Wa neY�a�Mf�N s�ril�ai ap�rrbla7 M td[ .
s.+,yf►Ieve'eaw , w III ' A(,Lr,Ms, JpIvoyed �y. ' c,)khni•S. • .
`:.Whn..�vidlidlNr�i.�wtk�tnl�liiidt '
name
' • _ `:.' • • ' . ••-.. � • ' , Gl�e�lCed . kkekly � Le (��n• °h•[e � � ..
►,Pu1nMO"Ib w Imm nm oft to wd dwq ft ago own
wm no m io;com aif+"eae•I+. iquib�nrnttal , Arsta+ "t^ But. alit_ ►Iij:�yr ►
0 i'. erpChao NrAiAQ4
men-
L® �Jwd SN.LWQZ3I�21I1��SMJ alRyC7aoaa
80'd 80:E1 500Z 9Z Uef 8EE9-19Z-8Z8:xeA
77'TT AnA7IMP Iin
33I A40 M Nail IIW

'3 ' � 3•�,,•••s - . Vs.� "•it::: ' firn:hi�,"_ �r� i�.-' , .. •'.
•''AtIR�stplQlulli!�
- _01�l,�•IIM�grolr'p�rAl�1 •' .• ' , .• • . •
ck
Nor
,•`'Mlini�iw.�ll�miih.Po+�at/:s�IRa�1w�Iwll�dYnO!/10�11 ,,•
•=Cldro�e'ti�� M!'�rNi�.w, how nl�dl allilwieaw*tika� d!Q yoil h�yrt IMb Klwtlwlldei�wiis� Idr1110
neNl6�adoi�i�ieA!wMdl►-�
;yll�iiM,NI�ACt11�l7' IClysOIImC6C3tn
I601iNn Dim �� w A so a dit„ A M e to t0�0t14 ��'"���"+�
Nth%w' Wk.
- ° v�ilrt:�iaMp►nwiwunes � twin pill M' /1rs b p.Nelil �Inir�wMro�M b rN 1a11r�7 • • . ' .
-'1�Yt�iN:�deu�ll;hi � tbt�*d it•tti IYr'r .
^' �• Mbir`io�ll�hrlilipaMw�l�l
i�11 ri irAeNil�+�i rr+�i r� ■�I ism �
try ME
80 MW
60'd
SN,LWWMAIdASM) ®L6L5Looze EvIti •d00L/�L/G8
AA:Pt 4M7. 97. U@P n iun i iu

SENDING CONFIRMATION
DATE DEC-21-2004 TUE 09:24
NAME WAT
TEL [phone]
PHONE
PAGES
START TIME
ELAPSED TIME
MODE
RESULTS
: 92516338
: 3/3
: DEC-21 09:22
: 01102"
: ECM
• OK
FIRSTPAGE OF RECENT DOCUMENT TRANSMITTED...
N. C. DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES 0fWA7-`R
DIVISION OF WATER QUALITY O`er QG
SURFACE WATER PROTECTION
NCDENR a
ASHEVILLE REGIONAL OFFICE
2090 U.S. HIGHWAY 70
SWANNANOA, NORTH CAROLINA 28778
PHONE.[phone] FAX:[phone]
TO: ll<rM
FAx• 25l-L33W
FROM:
DATE:
V OF PAGES INCLUDING COVER: -:i_
MESSAGE: If auestl9ns pllaasa call 828l296d500
tNiCarolina
ulmlill

N. C, DEPARTMENT OF ENVIRONMENT AND
• ' NATURAL RESOURCES
DIVISION OF WATER QUALITY
SURFACE WATER PROTECTION
NCDENR 'ASHEVILLE REGIONAL OFFICE
2090 U.S. HIGHWAY 70
SWANNANOA, NORTH CAROLINA 28778
PHONE:[phone] FAX:[phone]
TO:
FAX:
04(
# OF PAGES INCLUDING COVER:
MESSAGE: If Questions, please call 8281296-4500
V6rthCarolina
Ammal&

DWQ NOV DV-2004-0010 - Fairfield Mountains
Subject: DWQ NOV DV-2004-0010 - Fairfield Mountains
Date: Mon, 20 Dec 2004 18:00:32 -0500
From: Martin Lashua <[e-mail]>
To: Roger Edwards <[e-mail]>
Hey Roger,
Hope you are well.
I just received a notice from the Office of Administrative Hearings on the above and our request for a
hearing. You were listed as a witness.
I just wanted to bring you up to speed on this.
We had no choice but to file for an Administrative Hearing because there were erroneous findings of fact
in our notice of penalty.
First and foremost, the Civil Penalty was addressed and assessed against "Carolina Water Service, Inc.".
The spill occurred in our Fairfield Mountains system which is owned and operated by CWS Systems,
Inc.
The two companies are not the same but both are owned by the same parent - but it is important we clear
this mistake up. This had nothing to do with Carolina Water Service, Inc. In fact Carolina Water
Service, Inc. is not even an official company name in this state. The legal name for that company is
"Carolina Water Service, Inc. of North Carolina" but it doesn't matter because it should be assessed
against CWS Systems, Inc.
Second, we were accused of not providing public notice of the spill when we did and have a notarized
statement from the paper to that affect.
When an NOV is issued, we only have three ways to reply. One is to pay the fine and accept all findings
of fact. The other is to ask for remission - but still accept all findings of fact. And last - request a
hearing to contest any facts that were not correct and that is why we filed.
On another matter, we had a meeting with Town of Lake Lure last week and William Grimes said I
missed you by one day!
Hope all is going well. Have a great Christmas.
Martin Lashua
Regional Manager
CWS Systems, Inc.
704-525-7990 x 216
Fax [phone]
1 of 2 12/21/2004 7:18 AM

NCDENR
North Carolina Department of Environment and Natural Resources �O
Michael F. Easley, Governor , 'lliam
November 22, 2004
MEMORANDUM N�V ? `h F M M
o _
To: Jim Gulick D1V-1REF-FC ® S OFF1G o � C n Ir�
Senior Deputy Attorney. General ® D �
r 0 o Q
0-4
-P
From: Dan Oakley'PL o -n 0
General Counsel r
m
Re: Petition for a Contested Case Hearing;
Carolina Water Service, Inc. of NC vs. DENR, Division of Water Quality
Attached please find a Petition for a Contested Case Hearing, served on the
Division of Water Quality by Carolina Water Service, Inc. of NC, involving the Division
of Water Quality. Please assign an attorney to represent the Division. Thanks.
I�
r
DO:np
Attachment
�db: Alan Klimek (w/ attachment)
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: [phone] FAX: [phone] Internet: www.enr.state.nc.us/ENR
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

PLEASE PRINT CLEARLY OR TYPE i _
STATE OF NORTH CAROLINA ���� �� IN THE OFFICE OF
OrFa pF GEaVi p COU41S�
ADMINISTRATIVE HEARINGS
COUNTY OF (1) Rutherford
(2)_Carolina Water Service, Inc. of NC )
iRONMENT� eft 9 6 9
(your name) PETITIONER, )
rx - R�
PETITION
V. ) FOR A
CONTESTED. CASE HEARING
(3)_NC DENR—Division of Water Ouality )
RESPONDENT. )
(The State agency or board about which you are complaining) )
I hereby ask for a contested case hearing as provided for by North Carolina General Statute § 150B-23 because the Respondent has:
(Briefly state facts showing how you believe you have been harmed by the State agency or board.)
Erroneous findings of fact.
Erroneous assessment of civil penalty to wrong company.
Violation was promptly abated, inadvertant and result of circumstances beyond our control.
[DWQ File No. DV-2004-00101
(If more space is needed, attach additional pages.)
(4) Because of these facts, the State agency or board has: (check at least one from each column)
deprived me of property; exceeded its authority orjurisdiction;
X ordered me to pay a fine or civil penalty; or X acted erroneously;
otherwise substantially prejudiced my rights; AND failed to use proper procedure;
acted arbitrarily or capriciously; or
failed to act as required by law or rule.
(5) Date: November 16, 2004
(7) Print your full address: PO Box 240908, Charlotte
(street ad(Xess/p.o. box)
(8) Prinl your name: Martin Lashua, R'ional MafP�
(9) Your signature:
(6) Your phone number: ( 704 ) 525-7990
NC 28224
You must mail or deliver a COPY of this Petition to the State agency or board named on line (3) of this form. You should contact the agency or
board to determine the name of the person to be served.
CERTIFICATE OF SERVICE
I certify that this Petition has been served on the State agency or board named below by depositing a copy of it with the United States Postal Service
with sufficient postage affixed OR by delivering it to the named agency or board:
(10) _Mr Dan Oaklev
(name of person served)
(12) 1601 Mail Service Center, Raleigh, NC 27699-1601
(street address/p.o. box)
(13) This the 17th day of November, 2004.
(11) NC DENR—Division of Water Quality
(State agency or board listed on line 3)
(city) (state) (zip code)
(14) %f — -cAn.i
(your signature)
When you have completed this form, you MUST mail or deliver the ORIGINAL AND ONE COPY to the Office of Administrative Hearings, 671=
Mail Service Center, Raleigh, NC 27699-6714.
H-06 (11/99)

December 1, 2004
James T. Highley
Carolina Water Service, Inc
5701 Westpark Dr.
Charlotte, NC 28224
SUBJECT: Assessment of Civil Penalties
Permit # WQCSD0132
Rutherford County
File No. DV-2004-0010
Dear Mr. Highley:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina:- �ment of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
DEC 16 2004 � DD
WATER QUALITY SECTION
It has come to the attention of the Division that the attached Civil Penalty Assessment was not sent Certified
Mail, as it should have been sent. Accordingly your Civil Penalty Assessment has been re -sent, and included as
an attachment with this cover letter. If you have any questions concerning this matter you may contact Daryl
Merritt at [phone] ext. 554.
Sincerely,
Q� �_ d.
Daryl Merritt
PERCS Unit
attachments
ccc Asheville RegionahOfflce
Enforcement File
Central Files
NorthCarolina
Amura!!y
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us 512 N. Salisbury St. .Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper

O
n- NN A
James T. Highley
Carolina Water Service, Inc.
5701 Westpark Dr.
Charlotte, NC 28224
Michael F. Easley, Governor
^� William G. Ross Jr., Secretary
North Carolina Dej --1 mt of Environment and Natural Resources
November 30, 2004
SUBJECT: Assessment of Civil Penalties
for Violation General Statutes
Permit # WQCSD0132
Rutherford County
File No. DV-2004-0010
Dear Mr. Highley:
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
This letter transmits notice of a civil penalty assessed against Carolina Water Service, Inc. in the
amount of $2600.00, which includes $100.00 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of
the Department of Environment and Natural Resources and the Director of the Division of Water
Quality. Any continuing violation(s) may be the subject of a new enforcement action, including
an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and Natural Resources.
Payment of the penalty will not foreclose further enforcement action for any continuing or new
violation(s). Do not include the attached waiver form if making payment.
Please send payment to the attention of:
Mr. Daryl Merritt
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [phone]
Customer Service
1-877-623-6748

Forrest Westall
2090 U.S Highway 70.
Swannanoa, NC 28778
3. File a petition for anadministrative 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 ofthe 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, NC 27699-6714
.Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Mr. Dan Oakley, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
W�1
Non -Discharge Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Please indicate the case number (as found on page one of this letter) on the petition.

r J 5
STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF RUTHERFORD
File No. DV-2004-0010
. IN THE MATTER OF
)
: CAROLINA WATER SERVICE, INC.
)
FINDINGS AND DECISION
FOR MAKING AN OUTLET TO THE
)
AND ASSESSMENT OF
WATERS OF THE STATE OF NORTH
)
CIVIL PENALTIES
CAROLINA WITHOUT A PERMIT
)
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I,` Jeffrey
O. Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division
of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Carolina Water Service, Inc. is a corporation organized and existing under the laws
of the State of North Carolina.
B. Carolina Water Service, Inc. was deemed permitted for a system wide wastewater
collection system management and operation permit. This permit does not allow the
discharge of wastewater to waters of the State.
C. On July 12, and July 31, 2004 Carolina Water Service, Inc. had sanitary sewer
overflows (SSO) from pump station #1 located at 579 Buffalo Creek Road: This
discharge was to Bill's Creek.
D. No public notice was issued as required for the discharge -on July 12, 2004.
E. Carolina Water Service, Inc. had no valid permit for the above described discharge.
F. . * The cost to the State of the enforcement procedures in this matter totaled $100.00.
Based upon the above Findings of Fact, I make the following:
11. CONCLUSIONS OF LAW:

As requirdd by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed 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;
(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;
) . The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
(Date) ey O. Poupart, Supervisor
Non -Discharge ZCompliance and Enforcement Unit
Division of Water Quality

f
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: Dv-2004-0010 County: Rutherford
Assessed Party: Carolina Water Service, Inc.
Permit -No. (if applicable): WQCSDO132 Amount Assessed: $2600.00
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 o
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:

SENDING CONFIRMATION
DATE DEC-17-2004
FRI 10:42
NAME WAT
TEL [phone]
92516338 \
PHONE :
PAGES :
10/10
START TIME :
DEC-17 10:38
ELAPSED TIME :
02150"
MODE
ECM
RESULTS
OK
FIRST PAGE OF RECENT DOCUMENT TRANSMITTED...
APADIVISION
N. C. DEPARTMENT OF ENVIRONMENT AND
NATURALRESOURCES OF'f'1Ar FR
OF WATER QUALITY
SURFACE WATER PROTECTION
C�
NCDENR
ASHEVILLE REGIONAL OFFICE o
2090 U.S. HIGHWAY 70
SWANNANOA, NORTH CAROLINA 28778
PHONE:[phone] FAX:[phone]
TO:f- A n
FAX: Zs/ [(0•3�Q
FROM: 'w,
OAT ___ E: t7i
# OF PAGES INCLUDING COVER:
MESSAGE: Ifguostions, please call 8281296.4500
seiLt 'Ali
Noi On
e a
l ��nf�irnl�i

"'OWA
N. C. DEPARTMENT OF ENVIRONMENT AND,
NATURAL RESOURCES
Al
VISION OF WATER QUALITY
��'� L SURFACE WATER PROTECTION
NCDENR ASHEVILLE REGIONAL OFFICE
2090 U.S. HIGHWAY 70
SWANNANOA, NORTH CAROLINA 28778
PHONE:[phone] FAX:[phone]
TO:
FAX:
FROM: K•. ��
DATE:
42
# OF PAGESINCLUDING COVER:
MESSAGE: If Questions, please call 8281296-4500
NorthCarolina

O� \(WJ/• rl'9 Michael F. Easley, Governor
William G., Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources'
Alan W. Klimek, P. E. Director
Division of Water Quality
- Coleen H. Sullins, Deputy Director
Division of Water Quality
October- 20, 2004
James T. Highley CERTIFIED MAIL
Carolina Water Service; "Inc. RETURN .RECEIPT REQUESTED
5701 Westpark Dr.
SUBJECT: Assessment of Civil Penalties
for Violation General Statutes
Permit # WQCSD0132 '
Rutherford County
File No. DV-2004-0010 `
Dear Mr. Highley:
This letter transmits notice of a civil penalty assessed against Carolina Water Service, Inc. inthe
amount of $2600.00, which includes $100.00 in investigative costs. Attached is a copy of the
assessment document ekplaining this penalty.
This action was taken under the authority vested in -me by delegation provided by the Secretary of
the Department of Environment and Natural Resources -and the Director of the Division of Water
Quality. Any continuing violation(s) may be the subject of a new enforcement action, including
an additional penalty.
Within thirty days of receipt of this notice,,you must do one of the following three items:
1. Submit payment of the. penalty:
Payment should be made to .the order of the Department of Environment and Natural Resources.
Payment of the penalty, will not foreclose further enforcement'action for." any continuing or new
violation(s). Do not include the attached waiver form if making payment.
Please. send payment to the attention of:
Mr. Daryl Merritt 8 V . E
DWQ, D t
1617 Mail Service Center,
Raleigh, North Carolina 27699-161-7 OCT 2 2 [004 j
WATEFI QUALITY SECTION
ASHEVILLE REGIONAL OFFIC
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [phone] Customer Service
1-877-623-6748

Submit a written request for remission 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)
were wrongfully applied to the detriment of the violator;
(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 has 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
'`"--'Racts;;"'farin,within-thirty_(30) days of receipt of this notice. The Division of Water Quality also
requests .ttaflyou� cc r6iplete and submit the enclosed "Justification for Remission Request." Both
. forms should be submitted to the following address:
1 Non} Discharge'Cgmpliance/Enforcement Unit
- Division.of. WaterlQuality
1617,Mai_l' Service Center
Raleigh, NC 2769a9-1617

- Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolim—.-4artment of Environment and Natural Resources
October 20, 2004
James T. Highley
Carolina Water Service, Inc.
5701 Westpark Dr.
SUBJECT: Assessment of Civil Penalties
for Violation General Statutes
Permit # WQCSDO132
Rutherford County
File No. DV-2004-0010
Dear Mr. Highley:
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
This letter transmits notice of a civil penalty assessed against Carolina Water Service, Inc. in the
amount of $2600.00, which includes $100.00 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of
the Department of Environment and Natural Resources and the Director of the Division of Water
Quality. Any continuing violation(s) may be the subject of a new enforcement action, including
an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and Natural Resources.
Payment of the penalty will not foreclose further enforcement action for any continuing or new
violation(s). Do not include the attached waiver form if making payment.
Please send payment to the attention of:
Mr. Daryl Merritt n
DWQ U
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
WATER QUALITY SECTION
-wpwn I E REGIONAL OFFIC
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [phone]
R—CIEN a
Customer Service
1-877-623-6748

VIVED
Forrest Westall
2090 U.S Highway 70
Swannanoa, NC 28778
M _t-
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, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Mr. Dan Oakley, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Non -Discharge Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
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 Mr. Daryl Merritt at (919) ,733-5083, extension 581.
Sincerely,
14
Jeffrey O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
JOP/ddm
attachments
cc: Asheville Regional ­Office
Enforcement File
Central Files

WX
Forrest Westall
2090 U.S Highway 70
Swannanoa, NC 28778
m _u
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, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Mr. Dan Oakley, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Non -Discharge Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Please indicate the case number (as found on page one of this letter) on the petition.

STATE OF NORTH CAROLINA
COUNTY OF RUTHERFORD
IN THE MATTER OF
CAROLINA WATER SERVICE, INC
FOR MAKING AN OUTLET TO THE
WATERS OF THE STATE OF NORTH
CAROLINA WITHOUT A PERMIT
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. DV-2004-0010
FINDINGS AND DECISION
AND ASSESSMENT OF
. CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I, Jeffrey
O. Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division
of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Carolina Water Service, Inc. is a corporation organized and existing under the laws
of the State of North Carolina.
B. Carolina Water Service, Inc. was deemed permitted for a system wide wastewater
collection system management and operation permit. This permit does not allow the
discharge of wastewater to waters of the State.
C. On July 12, and July 31, 2004 Carolina Water Service, Inc. had sanitary sewer
overflows (SSO) from pump station #1 located at 579 Buffalo Creek Road. This
discharge was to Bill's Creek.
D. No public notice was issued as required for the discharge on July 12, 2004.
E. Carolina Water Service, Inc. had no valid permit for the above described discharge.
F. The cost to the State of the enforcement procedures in this matter totaled $100.00.
Based upon the above Findings of Fact, I make the following:
11. CONCLUSIONS OF LAW:

N
CONCLUSIONS OF LAW:
A. Carolina Water Service, Inc. is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. Bill's Creek constitutes waters of the State within the meaning of G.S. 143-215.1
pursuant to G.S. 143-212(6).
C. The above -cited discharge constituted making an outlet to the waters of the State
for purposes of G.S.143-215.1 (a) (1), for which a permit is required by
G.S. 143-215.1.
D. Failed to issue a Public Notice as required by G.S. 215-143.1 C (a) (2).
E. Carolina Water Service, Inc. may be assessed civil penalties in this matter
pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more
than ten thousand dollars per violation may be assessed against a person who is
required but fails to apply for or to secure a permit required by G.S. 143-215.L
F. The State's enforcement costs in this matter may be assessed against Carolina -
Water Service, Inc. pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
G. Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water
Quality. Jeffrey O. Poupart, Supervisor of the Non -Discharge Compliance and
Enforcement Unit of the Division of Water Quality (DWQ), has the authority to
assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Carolina Water Service, Inc. is hereby assessed a civil penalty of:
for 1 of 2 violations for discharging waste to the waters of
the State in violation of 15A NCAC 2H .0217 and G.S.
143-215.1.
$ gam- for failure to issue a Public Notice of a discharge as
required by G.S. 215-143.1C (a) (2).
$ / Enforcement costs
$ 2T6 0D TOTAL AMOUNT DUE

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF RUTHERFORD
File No. DV-2004-0010
IN THE MATTER OF )
CAROLINA WATER SERVICE, INC. )
FINDINGS AND DECISION
FOR MAKING AN OUTLET TO THE ) AND ASSESSMENT OF
WATERS OF THE STATE OF NORTH ) CIVIL PENALTIES
CAROLINA WITHOUT A PERMIT )
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I, Jeffrey
O. Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division
of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Carolina Water Service, Inc. is a corporation organized and existing under the laws
of the State of North Carolina.
B. Carolina Water Service, Inc. was deemed permitted for a system wide wastewater
collection system management and operation permit. This permit does not allow the
discharge of wastewater to waters of the State.
C. On July 12, and July 31, 2004 Carolina Water Service, Inc. had sanitary sewer
overflows (SSO) from pump station #1 located at 579 Buffalo Creek Road. This
discharge was to Bill's Creek.
D. No public notice was issued as required for the discharge on July 12, 2004.
E. Carolina Water Service, Inc. had no valid permit for the above described discharge.
F. The cost to the State of the enforcement procedures in this matter totaled $100.00.
Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW:

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in 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;
(8) The cost to the State of the enforcement procedures.
�O pCr C�
(Date) ey O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF RUTHERFORD
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. WQCSDO132 ) STIPULATION OF FACTS
FILE NO. DV-2004-0010
Having been assessed civil penalties totaling $ 2600.00 for violation(s) as set forth in the
assessment document of the Director of the Division of Water Quality dated, 10/20/04, 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 thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed 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;
(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;
(8) The cost to the State of the enforcement procedures.
�(7 Qc7 Q
(Date) ey O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality

JUSTIFICATION FOR REAUSSION REQUEST
DWQ Case Number: Dv-2004-0010 County: Rutherford
Assessed Party: Carolina Water Service, Inc.
Permit No. (if applicable): WQCSD0132 Amount Assessed: $2600.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach.
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities.necessary to achieve compliance).
EXPLANATION:

State of North Carolina
Department of Environment
and Natural Resources
Asheville Regional Office
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
Division of Water Quality
MEMORANDUM"
'WW..V 71 •0
ANNNIIIIIIIIIIIIIE
NCDEiTR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
SURFACE WATER PROTECTION
September 15, 2004
TO: Jeff Poupart, Environmental Supervisor
Collection System & Pretreatment Program
TRROUGH: Forrest Westall, Supervisor �, r
Surface Water Protection
Asheville Regional Office
FROM: Roger Edwards -Re
Wastewater Consultant
SUBJECT: Carolina Water Service, Inc. of North Carolina
Fairfield Mountains -Pump Station #1-597 Buffalo Creek Road
Two discharges from same location within same month
The two attached enforcement action are for discharge without a permit. The discharge from the
pump station that occurred on July 12, 2004 includes an assessment for failure to file proof of
public notice for discharge of >15000 gallons to water of the state.
If additional information or further explanation is necessary please, feel free to contact me at 828-
296-4500.
2090 U.S. Highway 70, Swannanoa,.North Carolina 28778 Telephone [phone] FAX [phone] One
1VorthCarolina
An Equal Opportunity Affirmative Action Employer
�irtur�llt�

DIVISION OF WA' `hit QUALITY - CIVIL PENALTY ASSESSMENT (FILE)
Violator: Carolina Water Service, Incorporated of North Carolina
County: Rutherford
Case Number: DV-2004-0010
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;
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.
Date
Jeff Poupart, Supervisor
Collection System and Pretreatment

el F. Easley, Governor
. 0 W AT�9Q ( 1 WiMlliamaG Ross Jr., Secretary
`Q (� North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P.E. Director
Coleen Sullins, Deputy Director
'C Division of Water Quality
Asheville Regional Office
September 15, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
James T Highley
Carolina Water Service, Incorporated of North Carolina
5701 Westpark Dr
Charlotte, NC 28224
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 WQCSDO132
Carolina Water Service, Incorporated of North Carolina
CWS Systems Inc/Fairfield Mount
Case No. DV-2004-0010
Rutherford County
Dear Mr. Highly:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$2,100.00 ($2,000.00 civil penalty+ $100.00 enforcement costs) against Carolina Water Service,
Incorporated of North Carolina.
This assessment is based upon the following facts: a review has been conducted of the sanitary
sewer overflow report submitted by Carolina Water Service, Incorporated of North Carolina for the
overflow of 20,940 gallons at pump station #1 located at 597 Buffalo Creek Road. This violation
occurred July 12, 2004 is summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a -matter of law that Carolina Water Service,
Incorporated of North Carolina violated the terms, conditions or requirements of NPDES Permit
WQCSD0132 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, Jeff Poupart, Division of Water Quality Supervisor for
the Collection System and Pretreatment, hereby make the following civil penalty assessment
against Carolina Water Service, Incorporated of North Carolina:
$1500.00 Discharge without a permit
$500.00 Failure to file proof of Public Notice with Division of Water Quality
$2000.00 TOTAL CIVIL PENALTY
$100.00 Enforcement Costs
$2100.00 TOTAL AMOUNT DUE
1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service 1 800 623-7748

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
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

r
ti
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
m'
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed - provided'the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: (91.9) 733-3478
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 maybe assessed for violations that -occur after the review
period of this assessment.
If you have any questions, please contact Roger Edwards of the Surface Water Protection, staff of
the Asheville Regional Office at 828-296-4500.
Sincerely,
Jeff Poupaqt, Supervisor
Collection System and Pretreatment
ATTACHMENTS
cc: Regional File w/ attachments
Enforcement'File w/ attachments -
Central Files w/ attachments

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV-2004-0010 ' County: Rutherford
Assessed Party: Carolina Water Services Inc. of North Carolina
CWS Systems Inc./Fairfield Mountains
Permit No. WQCSD0132: 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 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 RUTHERFORD
IN THE MATTER OF ASSESSMENT ) WAIVER_ OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
CAROLINA WATER SERVICES INC. OF ) STIPULATION OF FACTS
NORTH CAROLINA-CWS SYSTEM'INCJ )
FAIRFIELD MOUNTAINS 1
PERMIT NO. WQCSDO132 ) FILE NO.
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 August 13, 2004 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
Carolina Water Service, Incorporated of North Carolina
CASE NUMBER: DV-2004-0010
PERMIT: WQCSDO132 FACILITY: CWS Systems Inc/Fairfield Mount COUNTY: Rutherford -REGION: Asheville
Other Violations
MONITORING VIOLATION
PENALTY REPORT INSPECTION AREA DESCRIPTION DATE VIOLATION TYPE
$2,000.00 CSO/SSO(Sewer Overflow) 07/12/04 Discharge without valid permit

DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT (FILE)
Violator: Carolina Water Service. Incorporated of North Carolina
County: Rutherford
Case Number: DV-2004-0011
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;
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.
Date
Jeff Poupart, Supervisor
Collection System and Pretreatment

4��F }�NATF99 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 Coleen Sullins, Deputy Director
'C Division of Water Quality
Asheville Regional office
September 15, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
James T Highley
Carolina Water Service, Incorporated of North Carolina
5701 Westpark Dr
Charlotte, NC 28224
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 WQCSD0132
Carolina Water Service, Incorporated of North Carolina
CWS Systems Inc/Fairfield Mount
Case No. DV-2004-0011
Rutherford County
Dear Mr. Highley:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,100.00 ($1,000.00 civil penalty+ $100.00 enforcement costs) against Carolina Water Service,
Incorporated of North Carolina.
This assessment is based upon the following facts: a review has been conducted of the sanitary
sewer overflow report submitted by Carolina Water Service, Incorporated of North Carolina for the
overflow of 800 gallons at pump station #1 located at 597 Buffalo Creek Road. This violation
occurred July 31, 2004 is summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Carolina Water Service,
Incorporated of North Carolina violated the terms, conditions or requirements of and G.S. 143-
215.1(a)(1) 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, Jeff Poupart; Division of Water Quality Supervisor for
the Collection System and Pretreatment, hereby make the following civil penalty assessment
against Carolina Water Service, Incorporated of North Carolina:
$1000.00 Discharge without a permit
$1000.00 TOTAL CIVIL PENALTY
$100.00 Enforcement Costs
$1100.00 TOTAL AMOUNT DUE
1617 Mail'Service Center Raleigh, NC 27699-1617 [phone] Customer Service 1 800 623-7748

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
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
113A
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 Roger Edwards of the Surface Water Protection staff of
the Asheville Regional Office at 828-296-4500.
Sincerely,
ATTACHMENTS
cc: Rutherford County w/ attachments
Enforcement,File w/ attachments -
Central Files w/ attachments
9
Jeff Poupart; Supervisor
Collection System and Pretreatment

l
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV-2004-0011 County: Rutherford
Assessed Party: Carolina Water Services Inc. of North Carolina
CWS Systems Inc./Fairfield Mountains
Permit No. WQCSDO132: 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 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 violations) 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:

1
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF RUTHERFORD
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
CAROLINA WATER SERVICES INC. OF ) STIPULATION OF FACTS
NORTH CAROLINA-CWS SYSTEM INC./ )
FAIRFIELD MOUNTAINS 1
PERMIT NO. WQCSDO132 ) FILE NO.
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 August 13, 2004 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
Carolina Water Service, Incorporated -of North Carolina
CASE NUMBER: DV-2004-0011
PERMIT: WQCSDO132 FACILITY: CWS Systems Inc/Fairfield Mount COUNTY: Rutherford REGION: Asheville
Other Violations
MONITORING VIOLATION
PENALTY REPORT INSPECTION AREA DESCRIPTION DATE - VIOLATION TYPE
$1,000.00 CSO/SSO(Sewer Overflow) 07/31/04 Discharge without valid permit

State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
Collection System Sanitary Sewer Overflow Reporting Form
Form CS-SSO
PART 1:
This form shall be submitted to the appropriate DWR Regional Office within fiY@ ,business days of the first knowledge of the
sanitary sewer overflow (SSO).
Permit Number. VVQe8e&t32-(WQCS# if active, otherwise. use Wows#) '+`� �-P^t� a S-02 a�
r�,
Facility: Fairfield Mountains Incident: Owner: Carolina Water Service
Region: Western City: Lake Lure County: Rutherfordton
Source of $80 (check applicable): ® Sanitary Sewer [] Pump Station / Lift Station
SPECIFIC location of the SSO (be Consistent in description from past reports or documentation - I.e. Pump
Station 6, Manhole at Westall & Bragg Street, etc.): Kings Creek Crossing at beach/rec center
Manhole #:
Latitude (degrees/minute/second):. Longitude (degrees/minutelsecond):
Incident Staked DI: 09/30/2018 Time: 03:40PM Incident End Dt: 09/30/2018 Time: 04:30PM
(mm-dd-yyyy) (hh:mm) AMIPM (mm-dd-yyyy) (hh:mm) AMIPM
Estimated volume of the SSO: 450 gallons Estimated Duration (round to nearest hour): I 'hour(s)
Describe how the volume was determined: visual inspection
Weather Conditions during the $SO event: clear
Did the SSO reach surface waters? • ® Yes
Volume reaching surface waters: 450 gallons
❑ No ❑ Unknown
Surface water name: Kings Creek/Lake Lure
Did the SSO result in a fish kill? ❑ Yes 2 No ❑ Unknown
If Yes, what is the estimated number offish killed?
SPECIFIC cause($) of the SSO:
❑Severe Natural Conditions ❑ Grease
[]Pump Station Equipment Failure ❑ Power Outage
❑Other (Please explain in Part II)
[JRoots ❑Inflow & Infiltration
[]Vandalism ❑ Debris in line ❑Pipe Failure (Break)
24-hour verbal notification (name of person contacted), Mrs Wllliner
RDWR ❑Emergency Management Date (mm-dd-yyy):10/01/201STime:(hh:mmAWPM):11.30AM
Per G.S. 143-215.1C(b), the owner or operator of any wastewater collection system shall:
In the event of a discharge of 1,000 gallons or more of untreated wastewater to the surface waters of the State, Issue
a press release to all print and electronic news media that provide general coverage In the county where the
discharge occurred setting out the details of the discharge. The press release shall be issued within 24 hours after
the owner or operator has determined that the discharge has reached surface waters of the State.
In the event of a discharge of 15,000 gallons or more of untreated wastewater to the surface waters of the State,
publish a notice of the discharge in a newspaper having general circulation in the county in which the discharge
occur; and in each county downstream from the point of discharge that is significantly affected by the discharge, The
Regional Office shall determine which counties are significantly affected by the discharge and shall approve the form
and content of the notice and the newspapers in which the notice is published:
Form CS-SSO Page I

In order to Submit a claim for justification of an SSO, you must use Part II of form CS-S$0 with 8dditional documentation as
necessary. DWR Staff will review the justification claim and determine if enforcement action is appropriate.
PART II:
ANSWER THE FOLLOWING QUESTIONS. FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND
INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED
(In the check boxes below, NA = Not Applicable and NE m Not
A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWR REGIONAL QFFICE UNLESS
IS HAS BEEN SUBMITTED ELECTRONICALLY THROUGH THE ONLINE REPORTING SYSTEM
i
Form CS-SSO Page 2

Severe Natural Conditions (hurricane tornado, e1g.)
Describe the "severe natural condition" in detail: 12" rain from severe thunderstorm In Slack Mountain Area resulted
in major flooding down to Lake Lure. Kings creek rose approx 10-12ft at the sewer crossing taking out walking
bridge, walkway, and sewer gravity main.
How much advance warning did you have and what actions were taken in preparation for the event? none
Comments:
Form CS�SSO Page, 3

ictur d olic rt as a licable s b i able re u
Describe:
Were adequate equipment and resources available to fix the problem? Oyes ❑ No ❑NA ❑ NE
If Yes, explain: Personell onsite within a few minutes, contractors on site within an hour, repair made within 7 hours
If the problem could not be immediately repaired, what actions © Yes ❑ No ©NA ❑ NE
were taken to lessen the Impact of the SSO?
Comments: Personell plugged 8" line, pump truck was onsite to keep manhole pumped while repairs were completed
Form CS-SSO Page ] i

Pipe Failure (RE aka
Pipe size (inches) $
What is the pipe material fl* F
What is the approAmate age of the line/ pipe (years old) e.5
Is this a gravity line? ® Yes ❑ No
Is this a force main line? ❑ Yes ❑ No
Is the tine a "High Priority" line? ® Yes ❑ No
Last inspection date and findings
If a force main then,
Was the break on the force main vertical? ❑ Yes [] No
Was the break on the force main horizontal? ❑ Yes ❑ No
Was the leak at the joint due to gasket failure 7 ❑ Yes ❑ No
Was the leak at the joint due to split bell? ❑ Yes ❑ No
When was the last Inspection or test of the nearest air -release valve to determine If operable?
When was the last maintenance of the air release performed?
If gravity sewer then,
Does the line receive flow from a force main immediately upstream ❑ Yes 0 No
of the failed section of pipe?
If yes, what measures are taken to control the hydrogen sulfide production?
When was the line lest inspected or videoed? 05/17/2018
If line collapsed, what is the condition of the line up and down stream of the failure?
What type of repair was made? replaced DIP
r
If temporary, when 1s the permanent repair planned?
Have there been other failures of this line in the past five years? ❑ Yes ' ® No
if so, then describe
❑NA ❑ NE
❑NA © NE
❑NA ❑ NE
❑ NA
❑NA
❑NA
❑NA
❑ NE
❑ NE
❑ NE
(� NE
❑NA ❑ NE
❑NA ❑ NE
Form CS-SSO Page 12

r
l
Fn; - Li�'liJ 3ln
ORC yes
Backup © yes
Name: Randi Wilson
Certification Number: 13740
Date visited: 09130/2013
Time visited: 03:40PM
How was the SSO remedieted (i.le. Stopped and cleaned up)?
Line was plugged within I hour, and pump truck kept marihole pumped clean while repairs were made
As a Lorgamagn for the responsible party. I certify that the Infomlajign o�Mained in this report is true and accurate to the
beg of my knowledge.
Person submitting Beim: James Stacy Adcock Date: 10-01-2018
Signature: Title: tM N`� .---✓�1 ✓�-n/¢'J`
Telephone Number: 828-2304809
Any additional information desired to be submitted should be sent to the appropriate Division Regional Office within five
business days of first knowledge of the SSO with reference to the incident number (the incident number is only generated
when electronic entry of this form is completed, if used).
Form CS-SSO
!Page I

Submrt',by Email EF—Pnnt2Form
(Utilities, Inc.°
Wastewater Treatment and Collect�oln ED Q,� _
u
Performance Annual Report MAR 2 -6 2013
I. General Information CEUTRAL F—JLES
Facility/System Name Fairfield Mountains — _ _ County Ftherford _! __ 1
Service Area Includes:
Responsible Party:
Contact Name and
Phone #:
Fairfield Mountains/Apple Valley
CWS Systems, Inc.
i
Operating Manager- Gary Peacock 800-525-7990
Applicable Permit(s): WQCSD0132
Description of
Collection System or
Treatment Process:
II. Performance
Overall Summary of System Performance for Calendar Year: 2012

The following lists any violations of�permit conditions or environmental regulations that may have occurred during the year. If a
violation is listed, a description of any known environmental impact including the corrective measures taken is included.
January
No violations/deficiencies noted.
February
No violations/deficiencies noted.
March
No violations/deficiencies rioted.
April
No violations/deficiencies noted. I
May
i
No violations/deficiencies noted.
I
June
No violations/deficiencies noted.
i
July
No violations/deficiencies noted.
August
No violations/deficiencies noted.
September
No violations/deficiencies noted. -
-
October
;
No violations/deficiencies noted.
November
No violations/deficiencies noted.
December
No violations/deficiencies noted.
i
III. Notification
Customers will be notified of the availability of this report with a message on their bills and copies
will be provided upon request.
IV. Certification
I hereby certify that the information r
ntaned in his re rt is accurate and complete to the
best of my knowledge. // JJ
Signature ! Date 2/15/2013
- - - -- _ - —
Printed Name Martin Lashua j Title: Regional Director

V�
[7 .Submit by Email . ( Pnnt.Form 7 r,
UtifitiEs, Inc
Wastewater Treatment and Collection
Performance Annual Report
I. General Information
Facility/System Name Fairfield Mountains County Rutherford !' f
Service Area Includes:
Fairfield Mountains / Apple Valley
Responsible Party: CWS Systems, Inc.
Contact Name and
Phone #:
Operating Manager - Gary Peacock 800-525-7990
I
Applicable Permit(s):
Description of Fairfield Mountains Collection System consists of 6.74 miles of 8 inch gravity sewer mains,1.9 miles of sewer
Collection System or force main, 5-Sewer pumping stations with duplex pumps, Audio-visual alarms, and Sensaphone auto- I
Treatment Process: dialer with battery back-up.
I -- E C
II. Performance
Overall Summary of System Performance for Calendar Year: 2010MAR 2011
IWATER QUALITY SECTION
A,6HEVILLE REGIOiVAL OFFICE
e wastewater,collection system consistently met permitted limitations during the year. j
FFEB 17 2011

The following lists any violations of permit conditions or environmental regulations that may have occurred during the year. If a
violation is listed, a description of any known environmental impact including the corrective measures taken is included.
January
No violations/deficiencies noted.
February
No violations/deficiencies noted.
March
No violations/deficiencies noted.
i
April
No violations/deficiencies noted.
May
i
No violations/deficiencies noted.
I
June
No violations/deficiencies noted. i
July
No violations/deficiencies noted.
i
August
i
No violations/deficiencies noted.
-- i
September
I
No violations/deficiencies noted.
i
October
No violations/deficiencies noted.
i
i
November
No violations/deficiencies noted. j
i
December
No violations/deficiencies noted.
III. Notification
Customers will be notified of the availability of this report with a message on their bills and copies
will be provided upon request.
IV. Certification
I hereby certify that the informatio ont 'ned in this re rt is accurate and complete to the
best of my knowledge.
Signature f Date Z
Printed Name Martin Lashua Title: Regional Director i

d.,1.WA
'Subrmt_;by Emdl Pant Forrn �';
UtHIVES, Inc :
Wastewater Treatment and Collection
Performance Annual Report
I. General Information
Facility/System Name Fairfield Mountains County Rutherford_ —
Service Area Includes:
i
Fairfield.Mountains./ Apple Valley j
i
Responsible Party: CWS Systems, Inc.
Contact Name and
Phone #: Operating Manager - Gary Peacock 8007525-7990 k
Applicable Permit(s): W,QCSQ0132'
Description of (Fairfield Mountains Collection System ,consists of 6.74 miles of 8 inch gravity sewer mains,1.9 miles of sewer
Collection System or force main, 5-Sewer pumping stations'with duplex pumps, Audio-visual alarms, and Mission control
Treatment Process:
"'�`ri
telemetry with battery back-up. d'"''""'�°'�'`'r'�'gtu�;`
.
.. .�._
... .. ....±h�'e�i
� C.E V E
II. Performance '
�.� MAR - 9 2012
Overall Summary of System Performance for Calendar Year: 2011
y WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
wastewater collection system consistently met all permitted limitations during the year.
n�c�c�a
MAR -,5 2412

The following lists any violations of permit conditions or environmental regulations that may have occurred during the year. If a
violation. is listed, a description of any known environmental impact including the corrective measures taken is included.
January
No violations/deficiencies noted.
February
No violations/deficiencies noted.
March
No violations/deficiencies noted.
April
No violations/deficiencies noted.
i
May
No violations/deficiencies noted.
i
June
No violations/deficiencies noted. I
July
No violations/deficiencies noted.
-- i
August
No violations/deficiencies noted.
September
-- I
No violations/deficiencies noted.
i
October,
No violations/deficiencies noted. E
November
No violations/deficiencies noted. '
December
No violations/deficiencies noted.
III. Notification
Customers will be notified of the availability of this report with a message on their bills and copies
will be provided upon request.
_JEC,tlfication
I he`r'eby certify that the l�riform tion contained ris report is accurate and complete to the
best -of my'kn`owledge.'
Signature ;r I Dat
eF
Printed Name Martin Lashua Title: Regional Director

02' 06et998 09:56 FROM Fr---- :ELD MOU14TAINS TO 2516452✓ � 0 P. u.w. iV.iY FIMI 74ti a1i �1 GUMINA WAMR SZ+C. t' )VIE BALDWIN 0084
"anicm Sewer. Pump Stab and W'WTV S i 1 vr� i�eppft Forte
(Phase Print or Type - ;Tic AUachrnrnts if N )
PeilUtitiee: 6-92y24.9 i t; . Permit NumberCounty: T i
If
rn6dent Stwt-d: Date � -, ToneAil incident Ended: Date
Source of 3pi1yBypass.(Cl1=k One): 51nrtar ewer i'trrrlp caftan Q Wastewaw ream_ t Plan
Level of Treat ucm (Check One): ose PrttnatyrTreatment O Second Timmorg O orina_U2 Osi
Estimated Volume of Sgitt/flypass;t xoo C (A volume must:be, ever' ith is a tough estimate.)
Did tit-- Spi 118ypass reach the Surface Watt:rs7 . Yes p o It yes, please list the following -- �-_
Volume Readung Surface waters: ± ,Joo Txd�; Surface Water NZia
! fDid theSpilYBypass=uitinaFishKilt?OYec o rJ 47-9A •PIS
• �ation n� thy. SpiI3/Sv�oa�:
At iyi�- rNia#� 'irGr«�i OF 60:6 0 CREEK G 14JAE AP BLVD,
tf `
. •use '' B .
Action en o tzmutuiu pill,- w t Gt•9oj57-f tl!•5t443(F-- - .
t T Vol S i1 • Is
rL vo f 7-o .Soo iTo . 4LA jlAt y ztci 57'rNG- 4LAAtn wiz0 �
Other Agenclec NOtifta
Person RcopoV SpHYSypass; t -A �If �% Phane Number. . —� z S ZI %d _
For DWQ Use On
Oral Repart Taken by: Repan Taken: Date _„ _ Time--
DWQ Requester! an AdditiorW Written Relrut: ONE"O Na
If Yes. What Additional Information is Notrted:
Spi MYPass XC]Wting Ewan 9&7
TOTAL P.01

02.•23e1998 08:17 FROM Fi.' - ,JELD MOUNTAINS TO 2516452
P.01
SANITARY SEWER PUMP UA=NS AND WWTP SPILLOR BYPASS REPORT FORM
Permittee:, CWS FAIRF[E D Permit 1r UMber: N/A County: Ri3THERFORD
Iaeidea# Started: Date: 19 FL$ 9$ T1m4r.30:0�-- -o Am Incident Ended: Date: 19 FEB 98 Time: �:Qa p
Source of Spin gypaas (Check ono): E, Sanitary Sewer [] Pump Station [] Wastewater Plant
Level of Treatment (Check One): None ❑ prin y Treatment ' Secondary Treatment Chlorination only
Estimate! Volume of SpilUByp=: 1,000 GAL
(A volume must lse give® even if it is a rough estimate.)
Did the SpiNSyparss reach the Surface Waters? C. ye
s Na If yes, please list the fallowing.
Volume Reaching Surface Waters: 1,000 GAL
Wild the Spill ftaw result In a Fhh MR? Cj yes U No
Lticatioas of the St#IIJI3;
TnREE HUNDRED (300) FELT Off QUAIL RIDGE BLVD.
Cause of the SPUMypass:
SEWER MANHOLE OUT LINE STOPPED up.
Describe thV Repairs Made:
ROTOR ROOTER SET CLEANER REMovED BLOCKAGE.
Surface Water Name:
Action Taken to Contain §yd1, Clean Up Waste and Re uediste the Site-,
SPILL, WAS CONTAMED IN FLOW AREA (+-) TWENTY-FfvF, (25) FEET AROUND MANHOLE_ _ :....
A.ct1oqTa-keu-DrProiDoscdtobe Taken to Prevent Future S jns at this Lacu#iuin:
OUR ON -GOING SEWER MAiIMNANCE PROGRAM WiLL' INCLi1DE mo RE PIZEQUENT INSPEMONS OF
TFIIS REMOTE AREA.
Other Agencies Notified:
Person Repo`r`'�`6�/f` Fill/llypass: $laFiR O.,WALTOi�T Phone Number- 704 625-8370
Signature: - —TWA—
W - Date: 19 FEBRUARY 1998
For DWQ Use 'Only:
Oral Report Takea bye Report Taken; pate: Time:
DWQ Requested and Additional Written Report: Yes LC] No
If yes, What additional in%ramgm is needed: - -- -- -
I U TOTRL P.01
FEB 2 3 IM

Compliance Inspection Report
Permit: WQCSD0132 Effective: 03/01/00 Expiration: Owner: Carolina Water Service Inc Of NC
SOC: Effective: Expiration: Facility: CWS Systems Inc/Fairfield Mount
County: Rutherford
Region: Asheville
Contact Person: 24-Hour Contact Title: Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 05/05/2009 Entry Time: 12:45 PM Exit Time: 02:00 PM
Primary Inspector: Roy M Davis Phone: [phone]
Secondary Inspector(s): Ext.4659
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Deemed permitted collection system management and
operation
Facility Status: ■ Compliant ❑ Not Compliant
Question Areas:
0 Miscellaneous Questions 0 Pump Station
(See attachment summary)
Page: 1

Permit: WQCSDO132 Owner - Facility: Carolina Water Service Inc Of NC
Inspection Date: 05/05/2009 Inspection Type: Compliance Evaluation . Reason for Visit: Routine
Inspection Summary:
Gary Peacock and fellow workers are doing a good job of taking care of the Collection System serving Fairfield
Mountains. The oldest part of the system were built about 25 years ago.Gary and BJ spent the winter GPSing the
manholes and turned the information over to David Odum. Gary expects the first draft of the collection system map next
week. The system has 279 man holes, five lift stations (all with telemetry), 465 sewer customers and 1,107 water
customers. 3,500 feet of line was cleaned last year. All lift stations are checked three times each week.
Lightening took out the bubbler controls for #1 lift station Sunday night; the station is operating with one pump on a float
control until the control panel can be repaired.
Page: 2

t ti•l
Utilities, Inc
RE G E � V
FEB 2 6 2009
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFIC
Wastewater Treatmer
0
r C7
/47
dtWMD
Performance Annual Relport oq
I. General Information
Facility/System Name: Fairfield Mountains
Service Area Includes: Fairfield Mountains
DEN R - WATER QUALITY
POINT SOURCE BRANCH
County: Rutherford
Responsible Entity: CWS Systems, Inc.
Contact Name/Phone #: Operating Manager Gary Peacock 800-525-7990
Applicable Permit(s): WIQCSD0132�
Description of Collection System or Treatment Process:
Fairfield Mountains Collection System consists of 6.74 miles of 8 inch gravity sewer mains, 1.9
miles of sewer force main, 5-Sewer pumping stations with duplex pumps, Audio-visual alarms,
and Sensaphone auto -dialer with battery back-up.
II. Performance
Overall Summary of System Performance for Calendar Year 2008:
The wastewater collection system consistently met permitted limitations during the year.
The following lists any violations of permit conditions or environmental
regulations that may have occurred during the year. If a violation is listed,
a description of any known environmental impact including the corrective
measures taken is included.
Fairfield Mountains Annual Sewer Performance Report 2008 Page 1

January
No violations/deficiencies noted.
February
No violations/deficiencies noted.
March
No violations/deficiencies noted.
April
No violations/deficiencies noted.
May
No violations/deficiencies noted.
June
No violations/deficiencies noted.
July
No violations/deficiencies noted.
August
No violations/deficiencies noted.
September
No violations/deficiencies noted.
October
No violations/deficiencies noted.
November
No violations/deficiencies noted.
December iNo
violations/deficiencies noted.
III. - Notification
Customers will be notified of the availability of this report with a message on
their bills, and copies will be provided upon request.
IV. Certification
I hereby ce tify that the information contained in this report is accurate and
complete t the s of y wledge.
February 6, 2009
Signature of Responsible Person Date -
Martin Lashua
Printed Name
Regional Director
Title
Fairfield Mountains Annual Sewer Performance Report 2008 Page 2

11/27112002 14:53 6288852904 TRANSYLVANIAUTILITIE PAGE 01
SCNV,,Igc Spill Response EV1111111tioll:
Permilee cw� perrilit. Nuiiiber__ County -
incident Slarled, (Date/Thile) Wa7-0a j
Incident Ended: (Da loll* h ne)_LL-_Jj_-Q '-W6� —516wp­ cm
lifspill is allyoil7g, please iialify Regional Office 011a daily basis Untl al
SanitarySource of s{ III/bypass (check one}:. ✓ Sewer ___.Pump Station
Level of healment (ull'dck one):V/None Primary Treatment BEC 5
2002
Gecondwy TI-ea[Mei it Chloiination Only
UL
g1�2,00.0,gal,l ON
Estimated volujils of spill/yl)ass(clieck one): -Z()-500 gal. __5U1 0 al. A11,-, 0
>2,000 gal. - astima(e volume in nearest 1,000 gallon increment
Did spill/bypass reach sul-face waters? _.�_Yes nearest
(if Yes, please IlSt the fOlIUM119)
Volujile reaching surface waters?(clieuk one): __0-500 gal. -1,000 gal. _11,00 1-2,000 gal
g6tilliate volume in neniesI1,0U0 gallon Increments
Natile of surface waler____�
Did spill/Uwass result in a fish kill Yes ZN
If Yes, what is the esilinated nuintior of lisp killed?
Fleas provide jjRjVjiQwinqjjj_vniialto
i
Rid". F�
1. LocaLlon Of
7--
--- ---------------------------------------------
2. cause of spill/bypass:-
--------------- -------------- — ------------
-------------------------------------------------- ---- --
--- -------- ---------------
--- ----- — - — ----------------------------------- — - — ---
--- --------
3'. Did you have Personnel available to parlorni I .. nillal assessrneril 24 hours/day (Ilicluding.yieekenUs and
...Yes ✓ No
4 Flow long did it take to make an initial assessment of the spill/overflow alter fir.6t knowledge?
minutes
I -low long did It take to gel a repall' craw onsile?
moules
qll�jo ,qlke 11jilial a5sessmen
Pleas e:xylahl �1,eyjlllrj No e_r e-
0 C: P_!_22: ------- --
------------ ---- — -- — -----------------------
--------------------- — ----------------
-- — ---------------------- ------------
CWS SYSTEMS
143 Summer Morning CL
1)
eke Lure, HC 28746.

11/27/2002 14:53 8288852904 TRANSYLVANIAUTILITIE PAGE 02
S. Ac:Liun Lake► Lu 1 L•a 1 spill, lean up w sl nc� /o entediate the B te:
- -- - Rari e� _oFr S e4 aJ sOread �l�clnz e' �1-n-7e a raV/r �
6. Were Lhe eclu.ipmecit: eancl/uu parts needed to make repairs readily available?
Yes No. :).1 no, please explain why:
7. If t)ie sp.1:11/uveiflow c1cc:urred aL a pump staLion or was the result of.a
pump svaLioti fa:i;l.ui:a, was Uie alarm system functional at Lke time of: the
Spill? -- Yen Nu. of Ll:e alarm sysLent aid not function. please
explain Why:
B . Repairs made are. ✓ laermaiaeat 'Temporary
Please describe .what repairs were made. ;f the repairs are ten►porary, please
i.eit].ic:ate by w1:1L date a perntalietit repair w:il1 be compleLed and notify the
Rc:yjunal office wlUhlii '/ dayS of u)Ie 1)ei'maiie::L repair:
9. Comment-,! l.1 v�� �.1aS ��oc-kood• a leer ce OF Cif e�'5g
UL1ter agencies 11Ut11::16d: �i
Person rcpoLting spit/bypasf: 6NqQZ� C�C�1 Plione Number:
Sigliature y/� Date %/-,2 7- d Q.
7 l 7
For VWQ Use Oa).y:
Ural relJorl. Lal:.e:: by: �. Reporl take:l: Date: Time:
uwQ requested addiLional wriLL•en reporL•?
if yes, wliaL• addi.t,.ivi121 iitfoz;ntatioc•1 is deeded?
Yes NO
iteyioi:al Office
NCDEVIZ - UWQ SOCLIOIJ: Phone: [phone] Lax: B20/251-6452
Af kei Loin'<:., Wee]C4?11JS, or 11O1j.(l.ays, call 1- 800-058-•U368

r

Wastewater Treatment and Collection
Performance Annual Report
I. General Information
Facility/System Name: Fairfield Mountains County: Rutherford
Service Area Includes: Fairfield Mountains
Responsible Entity: CWS Systems, Inc.
Contact Name/Phone #:. Operating Manager Gary Peacock 828-625-2970
Applicable Permit(s): WQCSDO132
Description of Collection System or Treatment Process:
Fairfield Mountains Collection System consists of 6.74 miles of 8 inch gravity sewer mains, 1.9
miles of sewer force main, 5-Sewer pumping stations with duplex pumps, Audio-visual alarms, ani
Sensaphone auto -dialer with battery back-up.
II. Performance
Overall Summary of System Performance for Calendar Year 2007:
The wastewater collection system consistently met permitted limitations during the year.
The following lists any violations of permit conditions or environmental
regulations that may have occurred during the year. If a violation is listed,.__________—
a description of any known environmental impact including they rrect�LveE V E �
measures taken is included.
I I� Q
Fairfield Mountains Annual Sewer Performance Report) 2��ATER QUALITY SEOTIC'_4e 1
EVILLE REGIONAL OFFI

January
No violations/deficiencies noted.
February
No violations/deficiencies noted.
March
No violations/deficiencies noted.
April
No violations/deficiencies noted.
May
No violations/deficiencies noted.
June
No violations/deficiencies noted.
July
No violations/deficiencies noted.
August
No violations/deficiencies noted.
September
No violations/deficiencies noted.
October
No violations/deficiencies noted.
November
No violations/deficiencies noted.
December
No violations/deficiencies noted.
III. Notification
Customers will be notified of the availability of this report with a message on
their bills and copies will be provided upon request.
IV. Certification
I hereby certify that the
complet to th est f
Signature of Responsible Person
Martin Lashua
Printed Name
ion contained in this report is accurate and
ledge.
January 31, 2008
Date
Regional Director
Title
Fairfield Mountains Annual Sewer Performance Report 2007 Page 2

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
�S�a'!4�r3CManx4�tr�'�'a�A�'tnamwmc�en-,c rim»..
SURFACE WATER PROTECTION SECTIO� I I L... L...,
'YP.�.'.4fPPIgAp _ '.lit,
September 4, 2007
Mr. Daniel
Carolina Water Service Inc Of NC
PO Box 240908
Charlotte, NC 282240908
SUBJECT: Wastewater Collection System
Owner & Operator Requirements
CWS Systems Inc/Fairfield Mount
. WQCSD0132
Rutherford County
Dear Mr. Daniel:
I would like to take this opportunity to discuss the requirements for sewerage collection
systems that were first established in 15 NCAC .02H .0200 in March 2000 and are now found in
15 NCAC 2T .0403, Waste Not Discharged to Surface Waters, which became effective
September 1, 2006. These Regulations place significant operation, maintenance and reporting
requirements on those entities that own or operate a wastewater collection system with average
daily flows of less than 200,000 gallons per day.
These regulations are applicable to your facility. This letter is provided as guidance
to assist you in complying with the new reporting and operations and maintenance (O&M)
requirements and to advise you that you are subject to system review, inspections and possible
enforcement, if the system is not in compliance with the regulation.
For your convenience and easy reference, a highlight of these requirements and the
following guidance are offered (see enclosed). You may find the regulations using the following
web site: http://h2o.enr.state.nc.us/peres/Collection%20SVstems/CollectionSystemsHome.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.
North Carolina
Aatumlly
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 4, 2007
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:.ofthis 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,
-�-T e . e!F_A__"_raCA
Roger C. Edwards, Supervisor
Surface Water Protection Section
cc: Deborah Gore - PERCS Unit - w/out enclosures
= SWPS Central Office Files - w/out enclosures

Permit: WQCSDO132
SOC:
County: Rutherford
Region: Asheville
Compliance Inspection Report
Effective: 03/01/00 Expiration: Owner: Carolina*Water Service Inc Of NC
Effective: Expiration: Facility: CWS Systems Inc/Fairfield Mount
Contact Person: Richard J Durham
Directions to Facility:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Phone:. [phone]
Certification: Phone:
Inspection Date: 01/31/2007 Entry Time: 11:00 AM Exit Time: 12:00 PM
Primary Inspector: Don Price Phone: [phone]
Secondary Inspector(s):
Roy M Davis Phone: [phone] Ext.4659
Reason for Inspection: Routine Inspection Type: Technical Assistance
Permit Inspection Type: Deemed permitted collection system management and
operation
Facility Status: ■ Compliant ❑ Not Compliant
Question Areas:
Miscellaneous Questions N Pump Station
(See attachment summary)
Page: 1

Permit: WQCSD0132 Owner - Facility: Carolina Water Service Inc Of NC
Inspection Date: 01/31/2007 Inspection Type: Technical Assistance Reason for Visit: Routine
Inspection Summary:
This is a Technical Assistance Inspection. We found that Gary Peacock is already doing almost everything we would
expect of a "deemed permited" collection system.
Page: 2

Permit: WQCSD0132 Owner - Facility: Carolina Water Service Inc Of NC
Inspection Date: 01/31/2007 Inspection Type: Technical Assistance
Reason for Visit: Routine
#1
Pump Station
Yes
No
NA
NE
Pump station type
Duplex
Are pump station logs available?
■
n
n
n
Is it accessible in all weather conditions?
■
n
n
n
# Is general housekeeping acceptable?
■
n
ri
n
Are all pumps present?
■
n
n
n
Are all pumps operable?
■
n
n
n
Are wet wells free of excessive debris?
n
n
n
■
Are upstream manholes free of excessive debris/signs of overflow?
❑
n
n
■
Are floats/controls for pumps/alarms operable?
■
n
n
n
Is "auto polling" feature/SCADA present?
n
■
n
n
Is "auto polling" feature/SCADA operational?
n
❑
■
n
Is simple telemetry present?
■
❑
❑
❑
Is simple telemetry operational?
■
❑
❑
n
Are audio and visual alarms present?
■
n
n
n
Are audio and visual alarms operable?
■
❑
❑
❑
Is the Pump station inspected as required?
■
n
n
n
Are backflow devices in place?
■
❑
❑
❑
Are backflow devices operable?
■
n
n
❑
Are air relief valves in place?
❑
❑
❑
■
Are air relief valves operable?
fl
n
n
■
# Is an emergency generator available?
■
n
n
n
Can the emergency generator run the pumps?
■
❑
❑
❑
Is the pump station equipped for quick hook-up?
n
■
n
n
Is the generator operable?
■
n
n
n
# Is fuel in tank and sufficient?
n
n
n
■
Is the generator inspected according to their schedule?
n
n
n
■
Is a 24-hour notification sign posted?
■
n
n
n
Does it include:
Page: 3

r
Permit: WQCSD0132 Owner - Facility: Carolina Water Service Inc Of NC
Inspection Date: 01/31/2007 Inspection Type: Technical Assistance
Reason for Visit: Routine
Instructions for notification?
n
■
n
n
Pump station identifier?
■
❑
n
n "
Emergency phone number
n
n
n
Is public access limited?
■
n
n
n
Is pump station free of overflow piping?
■
Is the pump station free of signs of overflow?
■
❑
n
n
Are run times comparable for multiple pumps?
NE
Comment: CWS is doing a good job of taking care of this pump station.
9
Page: 4

.zd Permitted" Collection system status
ue
'mil
Subject: RE: "Deemed Permitted" Collection system status
From: "Martin Lashua" <[e-mail]>
Date: Tue, 30 Jan 2007 11:06:12 -0600
To: 'Roy Davis" <[e-mail]>
Mr. Davis,
The confusion is that .0403 references.. 0 113.
0403
"Collection systems having an actual, permitted or Division approved average daily flow less. than
200,000 gallons per
day are deemed permitted pursuant to Rule .0113 of this Subchapter provided the system meets the
criteria in Rule .0113
of this Subchapter and all specific criteria required in this Rule:"
There are very specific list of criteria in section .0113 that don't apply that I can see.
Could you please elaborate on which specific section of .0113 (or other) is being used to allow .0403 to
become applicable?
Thanks for your attention and assistance:
-----Original Message -----
From: Roy Davis [mailto: [e-mail] ]
Sent: Tuesday, January 30, 2007 7:52 AM
To: Martin Lashua ; Don Price
Subject: Re: "Deemed Permitted" Collection system status
1 of 3 1/30/2007 3:51 PM

.A.Permitted" Collection system status
See 15A NCAC 02T .0403. Let me know if you have trouble downloading this
regulation and I will send you the appropriate pages. Regards, Roy Davis
Martin Lashua wrote:
> Mr. Davis
> Hope all is well.
>
> We just received the 1/18/07 letter of notification that the Bent
> Creek, Mount Carmel and Fairfield Mountains collection systems would
> now be "deemed permitted" — even though they are less than 200,000
> gpd. Systems of this size can apparently be deemed permitted pursuant
> to section .0113.
> I have read section .0113 and I do not see any of the specific systems
> listed in paragraph (a) as applicable to our situations.
> I would appreciate specific clarity of rule or section so that we can
> understand where this interpretation has been derived.
W
> Thank you in advance for your assistance.
> Martin Lashua
> Regional Manager
2 of 3 1/30/2007 3:51 PM

...ed Permitted" Collection system status
> phone [phone] x 216
> fax [phone]
> [e-mail] <mailto:[e-mail]>
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]
3 of 3 1/30/2007 3:51 PM

_ - Pil
-« - - -
%C)�a - - -
-

0

QF WA Michael F. Easley, Governor'
GP William G. Ross Jr., Secretary
? r North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
SURFACE WATER PROTECTION
January 18, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED - 70051820 0002 9207 4861.
Carolina Water Service of North Carolina
5701 Westpark Drive
Suite 101
Charlotte, North Carolina 28224-0908
SUBJECT:' Deemed Permitted Wastewater Collection System
Permit No(s):
WQCSDO122 -'Bent Creek. Collection System, Buncombe County
WQCSDO170 - Mount Carmel Acres Collection System, Buncombe County
WQCSD0132 - Fairfield Mountains Collection System, Rutherford County
Dear Wastewater Collection System Owner and/or Operator:
As a result of reporting a sanitary sewer overflow (SSO) in the past you have
been issued a "Deemed Permit". The regulations that address this are15 A NCAC 02T —
Waste Not Discharged to Surface Waters, which were implemented by the North
Carolina Environmental Management Commission on September 1, 2006. These
regulations place significant operation, maintenance, and reporting requirements on
those entities that own and/or operate a wastewater collection system with average daily
flows of less than 200,000 gallons per day. This letter is provided as guidance to assist
you in complying with the new reporting and operation 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.
Please be advised that the Asheville Regional Office will be performing NPDES
Wastewater Collection System inspections sometime in the near future. 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. In an effort to promote
compliance'with the regulation and offer assistance, please see enclosed a copy of the 02T
regulation regarding deemed wastewater collection system O&M.
Also, please note that the Asheville Regional Office has a WWTP Consultant on staff
to offer assistance to you in complying with the requirements of the regulation. If you decline
assistance, are inspected, and don't meet the requirements of the regulation, you will receive
a "Notice of Violation" (NOV) and will be subject to possible enforcement action.
Nne
orthCarolina
naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet www.ncwaterqualiry.org. FAX, [phone] 1-877-623-6748

Carolina Water Service
January 18, 2007
Page 2
Should you have questions or need additional information regarding this issue, please
contact Don Price or .Roy Davis in this office at [phone].
Sincerely,
RogerUC. Edwards, Supervisor
Surface Water Protection
cc: - Don Price
Asheville Regional Office File
Central Office Files
Roy Davis
Jeff Poupart, PERCS