NC0086886_Complete File - Historical_20171231

CHILD
S KLEIN
PROPERTIES
June 25, 2010
Mr, Tom Belnick
North Carolina Department of
Environment and Natural Resources
Division of Water Quality
Surface Water Protection Section —NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Subject: Request for Rescission of NPDES Permit
NPDES Permit NC0086886
The Green at Wachovia Commons
401 South Tryon Street
Charlotte, Mecklenburg County
MACTEC Project: 6228-03-0978
Dear Mr, Belnick:
Childress Klein Properties, as an agent for Wachovia Corporation, requests the rescission of
NPDES Permit NC0086886 since the system has been deactivated and no discharge from the
subject site to the storm sewer has occurred since March 2010. Childress Klein Properties also
requests that the NCDENR does not assess a civil fine or penalty for non-compliance with the
NPDES permit sampling requirements in March 2010 since sampling could not be completed due
to the lack of discharge as further explained below.
On February 4, 2010, ECS Carolinas, LLP, as an agent for Wachovia Bank, N,A., was issued a
final permit modification for NPDES Permit NC0088226 by the NCDENR. The modification
allows re-routing of wastewater from the subject NPDES Permit NC0086886 (The Green at
Wachovia) to NC0088226 (Wachovia Tryon Street aka The Duke Energy Center). NPDES
Permit NC0086886 (The Green at Wachovia) was effective on June 1, 2005 and will expire on
June 30, 2010 and NPDES Permit NC0088226 (Wachovia Tryon Street aka The Duke Energy
Center) was effective March 1, 2010 and will expire on June 30, 2010. The NPDES Unit
received the permit renewal application for Permit NC0088226 on June 7, 2010. Per the notice
from the NCDENR authorizing the final permit modification, "Wachovia Tryon will serve as a
combined discharge for the two groundwater/dewater systems... a new Effluent Sheet A.2 has
been added [to NPDES Permit NC0088226 (Wachovia Tryon Street)] for the combined
discharge. Contaminants of concern for each discharge have been combined into the A.2 Effluent
Sheet for the combined discharge...Effluent Sheet A,2 for the combined discharge...."
Construction and testing of the groundwater pumping and treatment system occurred through
March 2010. Groundwater collected from The Green (NPDES Permit NC0086886) has been
pumped to Wachovia Tryon Street since March 24, 2010 and the decontamination system for
Permit NC0088226 has been disconnected and is no longer in service. Power to the treatment
system at The Green was turned off and valves from the holding tank to the system were closed.
301 South College Street
Suite 2810
Charlotte, North Carolina 28202-6010
704-342-9020
(fax) 704-333-0251

Request for Recession of NPDES Permit NC0086886
The Green at Wachovia Commons
Charlotte, Mecklenburg County, North Carolina
April 29,, 2010
The holding tank continues to be used as part of the pump system to Wachovia Tryon Street.
Upon approval of rescission of NPDES Permit NC0086886, the treatment system will be
decommissioned. ORC inspections will continue and Discharge Monitoring Reports (DMR)
reporting "No Flow" will be submitted in accordance with the permit until rescission is approved
or the expiration date of the current permit (June 30, 2010), whichever occurs first.
Because of construction and testing activities for the new groundwater pumping and treatment
system, effluent from the system at The Green was sporadic during March 2010. Due to the
unpredictable effluent, composite samples for chronic toxicity could not be collected in
accordance with test procedures and chronic toxicity sampling was not completed in March 2010
as required by NPDES Permit NC0086886. Childress Klein Properties requests that the
NCDENR does not assess a civil fine or penalty for non-compliance with the NPDES permit
sampling requirements in March 2010 for the following reasons:
The non-compliance (missed chronic toxicity sampling) was unintentional - resulting
from system and permit modifications.
Groundwater received treatment at either The Green or Wachovia Tryon Street under
their respective permits in March 2010 prior to discharge to surface water. Therefore,
surface water quality was not impacted.
Both permits state, "Should the permittee fail to monitor during a month in which toxicity
monitoring is required, monitoring will be required during the following month."
Groundwater from The Green was pumped to Wachovia Tryon Street effective March 24,
2010 and chronic toxicity samples were collected in April 2010 from the combined
discharge and the results were submitted by ECS, LLP, under NPDES permit
NC0088226, in accordance with Effluent Sheet A.2 Effluent Limitations and Monitoring
Requirements. The April results were compliant.
Childress Klein Properties appreciates the DWQ's assistance. If the DWQ has questions or
comments regarding this rescission request, please contact Gary Smith at Childress Klein
Pmperties at [phone] or Kerry Reed at MACTEC at [phone].
Sincerely,
Childress Klein Properties
im Patters
Regional P
cc:
perty Manager
NCDENR Mooresville Regional Office
Mecklenburg County
Rob Foster, MACTEC Engineering and Consulting, Inc.
Kerry Reed, MACTEC Engineering and Consulting, Inc.
Gary Smith, Childress Klein Properties

North Carolina De
Beverly Eaves Perdue
Governor
NCDENR
Dartment of Environment and
Division of Water Quality
Coleen H. Sullins
Director
June 25, 2009
CERTIFIED MAIL '7 7 071d 0000 5376 5347
RETURN RECEIPT REQUESTED
Mr. James L. Patterson
Childress Klein Properties
301 S. College Street; Suite 2800
Charlotte, NC 28202
D
SUBJECT: Final Notice - Delinquent Annua
Wachovia Commons
NPDES Permit NC0086886
Mecklenburg County
Dear Mr. Patterson:
Fee
Dee Freeman
Secretary
All NPDES pennittees inu.st pay an Annua Compliance Monitoring Fee. The fee requirement is documented in.
your current permit at Part II, Section B. 14. Division of Water Quality records indicate your annual fee for the
period March 1, 2009 — February 28, 2010 has not been paid. The amount owed is $86OE00; a copy of the invoice
previously sent by the Division's Budget Office is attached,
Failure to pay the annual fee is grounds for revocation of your permit, as documented in part II. B. 13 and
II. B. 14. This matter must be promptly resolved.
This letter serves as final notice that the Division will refer the fee noted above to the North Carolina Attorney
General's Office for collection through the courts unless payment in the amount of $860.00 is received by July 31,
2009. Make checks payable to NC DENR and please include the permit number for which you are submitting
payment on the check.
if you have evidence that the fee has already been paid, please contact me by phone at (919) 807-6.398 or via e-
mail at [e-mail].
Sincerely,
Robert L. Sled.ge
Western NPDES Unit
cc: Central. Files
NPDES File
ec: Mooresville Regional Office SWP Section
DWQ Budget Office - Fran McPherson
1617 Mail Service Center, Ralegh, North Carolina 27699-1617
Location: 512 N. Salistuoy St, Raleigh, North Carolina 27604
Phone: [phone] \ FAX: [phone] Customer Service 1-877-623-6748
Internet: www.ncwalerqueltry.orq
An Equal Opportunity 1 Affirmative ActOr, Emp5nyer
One.
orthCaroina

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
INVOICE
Annual Permit Fee
Overdue
111
This annual fee is required by the North Carolina Administrative Code, It covers the administrative costs associated with your
permit. It is required of any person holding a permit for any time during the annual fee period, regardle,ss of the facility's operating
status. Failure to pay the tee by the due date will subject the permit to revocation, Operating without a valid permit is a violation
and is subject to a 510,000 per day fine, if the permit is revoked and you later decide a permit is needed, you must reapply, with the
understanding the permit request may he denied due to changes in environmental, regulatory, or modeling conditions,
Permit Number: NC0086886
Mecklenburg County
First Union Commons
James L. Patterson
First Union Commons
301 S College St Ste 2800
Charlotte, NC 28202
Notes:
Annual Fee Period: 2009-03-01 to 2010-02-28
Invoice Date: 04/21109
Due Date: 05/21/09
Annual Fee: $860.00
1., A $25.00 processing fee will be charged for returned checks in accordance with the North Carolina General Statute 25-3-512,
2, Non -Payment of this fee by the payment due date will initiate the permit revocation process.,
3. Remit payment to:
NCDENR - Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
4. Should you have any questions regarding this invoice, please contact the Annual Administering and Compliance Fee Coordinator at
919-807-632L
(Return This Portion With Check)
ANNUAL PERMIT INVOICE
Overdue
Permit Number: NC0086886
Mecklenburg County
First Union Commons
James L, Patterson
Rrst Union Commons
301 5 College St Ste 2800
Charlotte, NC 29202
Annual Fee Period: 2009-03-01 to 2010-02-28
Invoice Date: 04/21/09
Due Date: 05/21/09
Annual Fee: 8860,00
Check Number:

Michael F. Easley, Gov o
William G. Ross Jr., Secretary
North. Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
December 10, 2007
CERTIFIED MAIL #7007 0710 0005 2882 1547
RETURN RECEIPT REQUESTED
Mr, Allen J. Holloway 111, RPA, Construction
Childress 'Klein Properties
301 South College Street, Suite 2800
Charlotte, North Carolina 28202
SUBJECT:
Dear Mr. Holloway:
anager
NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT'
Tracking No.: NOV-2007-PC-0813
Compliance Evaluation inspection
NPDES Permit No.: NC0088226
Wachovia Site
5.00 South Tryon Street
Mecklenburg County, NC
Enclosed is a copy of the Compliance Evaluation Inspection report for the inspection
conducted at the subject facility on November 2, 2007, by Mr, Christopher Elmore of the
Mecklenburg County Water Quality Program (MCWQP). This inspection was conducted as part
of a cooperative working agreement between Mecklenburg County and the Division of Water
Quality.
This report is being issued as a Notice of Violation/Notice of Recommendation for
Enforcement (NOV/NRE) due to the noted violations of the subject NPDES ,permit and North
Carolina General Statute (G.S.) 143-215.1, as detailed in the Records/Reports, Flow
Measurement, and Self Monitoring Program sections of the attached report. Pursuant to G.S,
143-215.6A., a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per
violation, per day, may be assessed against any person who violates or fails to act in accordance
with the tenns, conditions, or requirements of any permit issued pursuant to G.S. 143-2151
It is requested that a written response be submitted. to this Office by no later than
Januan, 7, 2008, addressing the above -noted violations in the attached report. 'In responding to
the violations, please address your comments to the attention of Ms. Marcia Allocco at the
letterhead address. Additionally, please send a copy of your response to Mr. Rusty Rozzelle of
MCWQP at 700 N. Tryon Street, Suite 205, Charlotte, NC 28202.
cqf rik North.Carolina
7turally
NCDENR a
'Mooresville Rcional Office Division of Water Quality
Internet: wwwnewatertplatitorg 610 East Center Ave, Suite 301 Mooresville, NC 28115
Phone [phone] Customer Service
Fax [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper

Mr. Allen Holloway
NOV-2007-PC-08 13
Page 2
This letter is also to advise you that this Office is considering sending a recommendation
for enforcement action to the Director of the Division of Water Quality for the violations of G.S.
143-215.1 and the subject NPDES Permit. If you ha an explanation for the violations that you
wish to present, please include it in the requested response. Your explanation i11 be reviewed
and if an enforcement action is still deemed appropriate, your explanation will be forwarded to
the Director along with the enforcement package for his consideration.
The report should be self-explanatory; however, should you have any questions
concerning this report or any other matters, please contact M. Marcia Alloceo or the at (704)
663-1699.
Enclosure
Sincerely,
4 /3
obcrt B. Krebs
Regional Supervisor
Surface \\Tater Protection
cc: Rusty Rozzelle, MCWQP
RBK/cfelMA
File WQ WachoN la 0708

United States Environmental Protection Agency, Washington, DC 20460
NPDES Compliance Inspection. Report
North Carolina Department of .Environment and Natural Resources
Division of Water Quality, Mooresville Regional Office
Section A: National Data System Coding
MCDENR
Form Approved
OMB No. 2040-0003
Approval Expires
7/31/85
Transaction Code NPOES Permit No, YR/MO/DAY Inspection Type inspector Facility Type
N 5 NC0088226 07/11/02 C C NA
Remarks:
Inspector. Mecklenburg County Water Qualit
.nspection Work Days Facility Self -Monitoring Evaluation Rating BI
1.5 1
Section : Facility Data
Name and Location of Facility Inspected:
Vvrachovia Site
Childress Klein Properties
500 South Tryon Street
Charlotte, NC
Entry Time:
1100 AM
Exit Time:
1.2:45 AM
Date:
LtNovember 02, 2
Name(s) of On -Site Representatives -------Title(s)--------Phone No(s):
Mr, Allen. Holloway III, RPA / Construction Manager . Phone: [phone] / Fax: [phone]
QA
N
Name and Address of Responsible Official:
Mr. Allen Holloway 111, RPA
Childress Klein Properties
301 South College Street, Suite 2800
Charlotte, North Carolina, 28202
Perinit
Records/Reports
Facility Site Review
N. Effluent/Receiving Waters
Flow Measurement
Self -Monitoring Program
0 Compliance Schedules
Lahorator IJ Stormwater
Section D: Summary of Findings/Cornmen s
All areas are rated satisfactory'
rSignature(s) of Inspector(s):
Title:
Construction Manager
Phone No.
[phone]
Permit Ef
July 1, 2006
Permit Expiration Date:
June 30, 2010
Contacted?
Yes
Section C:
Areas Evaluated During Inspection
Operations & Maintenance 0 Sewer Overflow
Sludge Handlin.g/Disposal 0 Pollution Prevention.
Pretreatment Program 0 Multimedia
El Other:
nless otherwise indicated. See attached sheet(s) for summary.
t Christopher Elmore
Agency/Office/Telephone:
MC WQP/(704) 33b-5500
S' "Reviewer: ency/Office:
yCDENR — Division of Water Quality
. occo —Surface Water Protection — Mooresville 1 egional Office
EPA Form 3560-3 (Revised 3-85) Previous Editions are Obsolete
ember 30, 2007

GENERAL:
The facility has not been previously inspected by MCWQP. This inspection was
performed at the request of the Mooresville Regional Office of NC.DENR.
PERMIT:
The current permit became effective on ju • 1, 2006, and expires on June 30, 2010. The
permit authorizes the discharge of groundwater from Outfalls 001 and 002.
The location is a construction site and the permit allows the discharge of the site
groundwater as a dewatering operation. Outfall 001 discharges groundwater after it is pumped to
a storm drain. Outfall 002 discharges groundwater after it is p-umped and .flows through a
holding tank. There are no actual treatment elements in. line for either of the discharges.
The current permit properly describes the dewatering operation at the site. The facilityis
not classified and therefore, an Operator in Responsible Charge (ORC) is not required.
RECORDS/REPORTS:
Discharge Monitoring Reports (DMRs) were reviewed for the period July 2006 through
June 2007 for Outfalls 001. and 002. All of the DMRs submitted for review in the inspection
process were signed by Brent M. Lesrnerises (Operator Certification # 987060) and dated
October 30, 2007,
Permit NC0088226 states, in Part II Standard Conditions Section D, Item 2 that
monitoring results obtained during the previous month(s) shall be summarized for each month
and reported on a monthly DMR :form postmarked no later than the 28th day following the
completed reporting period. The first DMR is due on the last day of the month following the
issuance of the permit or in the case of .a newfacility, on the last day of the month following
the commencement of discharge. The permittee failed to provide the DMRs within the
required timeframe required by the permit during the entire reporting period.
Duplicate signed copies of these, and all other reports required herein, shall be submitted
to the following address:
NCDENR / Division of Water Quality / Water Quality Section
ATTENTION: Central Files
1.617 Mail Service Center
Raleigh, North Carolina 27699-1617
All of the DMRs submitted for review during the inspection indicate that the sample date
of each sample taken is the first of the month. This does not coincide with the dates of the
analytical reports submitted for review. The sample dates on the DMRs are therefore
inaccurate and two copies of amended DMRs should be submitted to the Division of Water
Quality to the above noted address. Please review Part II Standard Conditions Section D,

Item 7 that describes the requirements for recording results of any sampling and monitoring
performed as a requirem.ent of NC0088226 and should correspond to data reported on the
monthly Discharge Monitoring Report(s).
FACILITY SITE REVIEW:
All ofthe components of the Outfalls 001 and 002 were in service and appeared to be
operating properly at the time of the inspection.
FLOW MEASUREMENT:
Permit NC0088226 states, in Section A. 1. Effluent Limitations and Monitoring
Requirements that flow is to be measured on a monthly basis using an appropriate flow meter at
both Outfalls 001 and 002. The permit further states, in Part II Standard Conditions Section D,
that the flow meters are to be calibrated at a minimum of once per year. As indicated on the
reviewed DMRs and verified during the inspection flow monitoring is not being performed
as required by the permit at either outfall.
LABORATORY:
The perrnittee contracts with Pace Analytical Services, Inc. to perform all chemical
analyses (NC Laboratory Certification 4 12) and Chronic Toxicity testing (-NC Laboratory
Certification # 9) specified in the permit. Pace Analytical. Services, Inc. was not evaluated
during this inspection.
EFFLUENT/RECEIVING WATERS:
The facility discharges to the City of Charlotte municipal storm drain system., which
subsequently discharges into an unnamed tributary to Little Sugar Creek, a Class C water, within
the Catawba River Basin. The discharges from Outfalls 001 and 002 were clear and had no odor.
Inspection of the ()Whits revealed no evidence of detrimental impacts.
SELF -MONITORING PROGRAM:
DMRs were reviewed for the period July 2006 through June 2007. The following
deficiencies were found during this review:
The perinittee has not monitored the discharge flow at either Outfall 001 or 002 as.
required by the permit and discussed in the Flow Measurement section.
2. The inspection determined that the discharges from Outfalls 001. and 002 might not
have been monitored as required in the Effluent Limitations and Monitoring
Requirements, Section A. (1) of NC0088226 due to non -discharge on facility
visitation days by contracted sampling personnel. It is a violation of NO.)088226 to
discharge effluent to Waters of the State without performing the required
monitoring.

The discharge from Outfall 001 failed the Chronic Toxicity test during September
2006, December 2006, and September 2007, These violations have been or will be
addressed under separate cover by the Aquatic Toxicity Unit of the Division of Water
Quality.
The discharge from tut all 002 failed the Chronic Toxic icit ° test for during September
This violation will be addressed under separate cover by the Aquatic Toxicity
Unit of the Division of eater Quality, It is unclear whether all of the quarterly
"hrie Toxicity testing required by NC0088226 has been performed on the
discharge from Outfall 002 since the permit was issued in June 2006.
OPERATIONS & MAINTENANCE:
The site appeared to be i good operating condition at the time of the site visit

CUM :SS _ F N
P R o P E R r 1' E 5
3, 2008
CERTIFIED MAIL
RETURN RECEIPT REQU ESTE[)
Ms. Marcia Aliocco
North Carolina Department o:
Moores illy. Regional Office
RE:
enue, Suite 301
NOTICE OF VIOL, ION
NPDES Permit No : NC0088
\1 x"aehovia Site
500 South Tryon Street.
Mecklenburg Count.., N.C.,
Alioeco
(MC \VQP) on November 2, 200, .no
understand that there are
clantication.
the
i
Since t
Eri ii n
fio\v rates
DMR's.
fer tl wmeters insta',led can citld
Utl, nd that ii3t�'
lnspcet'C it, flow n" c°t l"S
tal
forldcath out i<.tlls as re i
EMR Reportlr,(r
reporting
consultant that wanciges
and Owner„A. required b
reports from the date of t
NC'DENR/D\VQ C't [dt:'at ilc� i1; 1.Z
Sleri.r. ;"i)
C"G
JAN
NC DPNR RCS
urface Water Pro
i oilreeS
tiuCte
e Repur
(FCS) wid document The
repofT Inc on tLe
year_
don
301 South College Street
Suite 2800
Charlotte, North Carolina 28202
704 342'9000
(fax) 704 342 9039

they where not using the correct DMR .approved reporting fOrm, Since that
notification, E( S has modified their reporting format and is complying with this
request. ,As a cotTective measure, Ec,'S went ahead and transferred the data or each
month (from the ECS report fOrmat to the approved DmR forniat) and had them
signed and dated, by an Operator in Responsible Charge (Brent M, Lesmerisesl
These vere the DMR's that Christopher ',Elmore reviewed at the site inspection on
November 02, 2007. ECS did not back -date the DMR's, as they .felt this would not
be the proper protocol for this corrective action.
Chronic Toxicity Reporting_— The last page of the report states that it is unclear
whether all of the quarterly Chronic Toxicity testing has been performed on Outfall
002. Envirormiental Consulting Services (ECS) is the consultant, that manages the
data collection and reporting on behalf' the Developer and Owner, EC'S has
documented all Chronic Toxicity testing and has been sending the reports to Irvin-.
Jimmie Overton (NCDENR Raleigh)„ Mr, John Lesley (NCDENR Mooresville)
and Mr. Mike Parker (NCDENR — Mooresville), If you are missing a report, or you
feel like some data is insufficient, please contact, me directly (704-201-8073 mobile
or [e-mail]) or you ma:>, contact John Lair with E(S (704
525-5152 or jltur@ceslimited,com ).
There is an addn;onal lelter- attached from John Lair with I.F.CS, our environmental consultant,
John's letter includes an attachment that documents all the DMR and Chronic Toxicity reports
submitted to NCDENR. since the commencement of discharge. We believe we have submitted
paperwork as required by the Permit, but if we have failed to do so, or it has not been in the right
format. th.atis an honest oversight on our part and vill take whatever steps re q u i red to make sure
your office has the proper documentation needed.
It is our desire and. goal to he a goodsteward of the environment and to abide by all thc.. laws,
rules and considerations, of the N.PDES Permit, It is also our desire to have frequent and open
communication between this construction project and NCDENR. Any infraction or violation of
the Permit to date has been a genuine oversieht or misunderstanding and we petition your office
for lenience again.st civil penalties or other enforcement, Our doors are always open for additional
site inspections,.
If you need other infurrnation or would like to discuss any of the violations or our remedy of
such, please contact, Inc at [phone],
Sincerely,
CH IL DRESS LJN PROPERTIES
A ed A erit on Behalfof Owner and Responsible Official
Allen J.
Construe
oway 111
otter
encl./ Letter of clarification from Environmental (. onsulting Services
Letter from Bob Sledge with DWQ

Curt
) Te l l I( \V
Radkin - ' a l
'.l 0 °9
nit r
crltdl Consult).
Idress Klein
`0-:

J
ECS CAROLINAS, LLP
176-). Geotechnicai Construction Materials Envirtmnienta
January 4, 2008
Ms. Marcia Allocco
NCDENR — Division. of Water Quality
Mooresville Regional Office
610 East Center Avenue., Suite 301
Mooresville, North Carolina 28115
Reference: Response to Notice of Violation and Recommendation for .Enforcement
Tracking No,: NOV-2007-PC-0813
Compliance Evaluation Inspection
NPDES Permit No. NC0088226
Wachovia Site
500 South Tryon Street
Charlotte, Mecklenburg County, North Carolina
'ECS Project 0S-3515D
Dear Ms. Arlocco:
On behalf of Wachovia Bank, N.A.., ECS Carolinas, LIP (ECS) is writing to respond to the Notice of
Violation and Recommendation for Enforcement issued by the NCDENR-Division of Water Quality on
'December 10, 2007 in response to an inspectionconducted at the site on November 2, 2007 by the
Mecklenburg County Water Quality Program (MCWQP),
Included in this letter is summary of the violations identifiedduring the inspection and a summary of
findings actions being taken to address each..of the violations.
Records/Reports:
NOV letter indicates that permittee failed to provide Discharge Monitoring Reports (DMRs) within
the required timeframe required by the pennit during the entire reporting period.
Because the permitted groundwater discharge is for temporary construction dewatering and no actual
treatment elements are in line for either of the permitted outfall discharges, it was ECS' understanding that
the site is not classified and therefore an Operator in Responsible Charge (ORC) was not required for the,
monitoring of the facility. 'Because DMR forms require the completion and signature by an ORC,
subsequently, ECS understood that the DMR forms were not required to be completed. In lieu of the Diva
form. completion, ECS completed and submitted to the 'NCDENR detailed summary reports each month
documenting the sampling of each outfall„ a table summarizing the laboratory results obtained, and our
conclusions and recommendations. Attached is a summary table documenting the monthly sampling dates
and subsequent monthly reports prepared and submitted to the NCDENR. On November 9, 2007, ECS
received a letter from the NCDENR. acknowledging the receipt of the summary reports, but indicated that
.DMR forms needed to be completed instead of the format which ECS had been issuing the reports. Based
upon the review of the letter, ECS terminated the reporting format and began utilizing the DMR format as
requested. A copy of the November 9, 2007 letter is attached,
NOV letter indicates that all of the DMRs submitted for review during the inspection indicate that
the sample date of each sample taken is thefirst of the month., 'This does not coincide with the dates
of the analytical reports submitted for review, The sample dates on the DMRs are therefore.
inaccurate and two copies of the amended ..DMRs should be submitted to the Division of Water
Quality, Central Office.
8702 Red Oak Boulevard, Suite A. Charlotte, North Carolina 28217 704-525-5152 Fax: [phone] .* www.ecslitulled.com

Wachovia Site
ATMS Permit No, NC0088.226
Charlotte, 21,1ecklenburg Colany„Nrarth Carolina
ECS Project 08-35 I 5D
„January ,41, 2008
As previously stated, since it was ECS' understanding that DMR. fOrms were not the required reporting
format for this non -classified site, in preparation for the site inspection meetinE,, with personnel from the
MCWQP on November 2, 2007, ECS completed and provided DMR forms for the historic sampling events
conducted at the site to the MCWQP personnel. The sampling, dates on the DMR forms put together for the
site inspection were in error and do not represent the actual sample dates as documented in our itionthly
sampling reports submitted to the NCDENR. The DMR forms were not hack dated by :ECS" ORC, Mr.
Brent Lesmerises, as he was not directlyinvolved in the previous sampling events, rather, he reviewed the
historic sampling reports and signed off on the DMR fonns on the date he reviewed the historical records.
As requested, ECS is currently amending each of the DMR forms to reflect the correct sampling dates and
two copies of the amended DMR forms will be submitted to the Division of Water Quality, Central Office
as requested. In addition, the amended DMR forms will be submitted to the MCWQP for their records,
Flow Measurement:
NOV letter indicates that the DMR forms and verified during the inspection indicates that flow
monitoring is not being performed as required by the permit at either outfall,
[CS is currently' assisting Wachovia Bank, N.A. with the installation of totalizing 4-inch diameter
continuous flow meters at each outfall at the site. The totalizing :flow meters are scheduled to be installed on
January 18, 2008, ECS will photo -document the installation of each flow meter arid will provide the
NCDFNR with written documentation of the flow meter installation, Monthly flow meter readings will be
collected during future monthly sampling events and will be included on future DMR forms to he submitted
to the NCDENR..
Self -Monitoring Pr
NOV letter indicates that permittee has not monitored the flow at either outfall on the site as
required by the permit.
As noted above, RCS is currently assisting Wachovia Bank, N.A. with the installation of totalizing 4-inch
diameter continuous flow meters at each outfall at the site. "f he totalizing flow meters are scheduled to be
installed on January 18, 2008. ECS will photo -document the installation of each flow meter and will provide
the NCDENR with written documentation of the flow meter installation, Monthly flow meter readings will
be collected during future monthly sampling events and will be included on future 'DMR forms to be
submitted to the NCDFNR.
NOV letter indicates that discharges from the two outfalls might not have been monitored in the
Effluent Limitations and Monitoring Requirements due to non -discharge on .facility visitation days
by contracted sampling personnel.
ECS' subcontract certified laboratory Pace Analytical Services, Inc. (Pace) of Huntersville, North Carolina
visited the site each month to conduct monthly sampling at each outfall for monthly parameters as well as
quarterly chronic toxicity sampling. During the course of monthly sampling events, there have been.
occasions when an outfall was not discharging due to problems with the on -site dewatering system. During
such occasions, Pace personnel would revisit the site in the same calendar month to conduct the required
monthly sampling.

Wachovia Site
NPDES Permit .Vo. I CO0$8226
Charlotte, Mecklenburg County, North Caro
ECSProject 08-3515D
lanuan 4, Ot`t•S
NOV letter indicates that discharges from. Outfall 001 failed the Chronic Toxicity test during
September 2006, December 2006 and September 2007 and that these violations have been or will
be addressed under separate cover by the Aquatic Toxicity Unit of the Division of4 'ater C,trality.
It is correct that there have been failures of the Chronic Toxicity tests during the aforementioned quarterly
sampling events at Outfall 001.. The cause of the failing Chronic Toxicity tests is not known. Subsequent to
each failed Chronic Toxicity test, .EC'S conducted monthly chronic toxicity testing at Outfall 001 for the two
consecutive months (October and November 2006, January and February 2007 and October and November
2007) following the month of failure. The follow-up chronic toxicity tests resulted in passing tests as
documented to the NCDENR. In addition, the December 2007 quarterly chronic toxicity test for Outfall 001
resulted in a passing test. Submittal oldie December 2007 quarterly chronic toxicity test to the NCDENR is
forthcoming.
NOV letter indicates that discharge from Out f ll 002 failed the Chronic Toxicity test during
September 2007 and that these violations have been or will be addressed under separate cover by
the Aquatic Toxicity Unit of the Division of Water Quality. The NOV letter indicates that it is
unclear whether all of the quarterly Chronic Toxicity testing required by the NPDES permit were
performed from Outfall 002 since the permit was issued in June 2006.
orrect that the September 2007 Chronic Toxicity test from Outfall 002 failed. The cause of
y test is not known. Subsequent to the failed Chromic Toxicity test, [CS conducted mon
chronic toxicity testing at Outfall 002 in October and November 2007. Results of the follow-up chronic
toxicity tests resulted in passing tests as documented to the NCDENR. In addition, the December 2007
quarterly chronic toxicity test for Outfall 002 resulted in a passing test. Submittal of the December 2007
quarterly chronic toxicity test to the NCDENR is forthcoming.
Chronic toxicity sampling has occurred quarterly in Outfall 002 since September 200(; as reported to the
NCDENR,

\P IJ S Pe?"rr:i :"'e, `i.Ctt
Charlotte, Mec l ar -g Col
1(SProject 08-
terraat r r>° , 2008
rua
to , ,rvxrtdr C"arRla'r`d
ECS acknowledges wledges that have been repottingirr rgulrrritrc, associated with the NPDES s°rtrrptirr at the site. It
has been ISCS1 itrtent to ensrtre that the sa.ruplin ; is Emir „ conducted and reported to lte NCDENR in
acerrr•dance with the NPDESpermit. As r viously stated,ECS is amending and submitting the r viou l
submitted I)MR forms to the NCDENR and the MCWQP and is transferring the oversight of the sampling
and reporting at the site to our OR „ Mr. Brent L:smerises, NC WPCSOCC Physical/Chemical Grad
Certificate number ' 060 to ensure the sampling and reporting,meets the requirement of the NPDES
If you ban- arr\f questions L er ng this report or this project,
Since
ECS CY N,., IP
ksures
Allen l{ollowa — acho rirI Ban
Rusty Rozzelle
N.A.
tact us
t `dxt 5-51
Childress i.l:

SUM
AR
OF NPDES SAPI iNG AN R;TORT IN
Date: 01/04/07
Project Name: Wachovia Site - NPDES Perrnit NC0088226
ECS Project Number: 08-3515D
Outfall 2 071'1712006
2006
N/A
N/A
°utfalk 1
No discharge
10/
NIA
Outfall 2 08/15/2006
Outfall 1 09/18/2006
Outfall 2 09119/2006
2006
10/06/
N/A
10/06/2006
Outfall 1 10131 /2006
Outfall 2. 10/20/2006
Outfall 1
Outfall 2
11 //10/2006
11 /10/2006
12/13/2006
12/13/2006
12/13/2006
12/13/2006
N/A
12/11/2006"
N;A
Outfall 1
Outfall 2
Outfall 1
2006
31/2007
12112/2006
01123/2007
Outfall 2
01/23/2007
Outfall 1
Outfall 2
02/13/2007
/2007
01/31/2007
2007 01r;1/2007
7 02/2812007-
01/31/2007 N/A
04/06/2007 02/28/2007"
04/06/2007
Outfall 1
Outfall 2
03 1312007
13/07 - 03/27/07
Outfall 1
04/30/2007
04/05/2007
04/06/2007
"15/2007
NIA
04/30/2007
04/30/2007
N/A
Outfall 2
Outfal
2/2007
2007
29/2007
06129/2007
07/31/2007
NIA
N/A
N/A
07/31/2007
2007 07731/2007
Outfall
Outfall 2
Outfall 1
Outfall 2
Outfall 1
7/26/2007
08/28/2007
07/31 /2007
N/A
07/17/2007
08/06/2007
06/06/2007
/2007
Outfafl 2
Outfall 1
/2007
107
Outfall 2 10/2:3/2007
Outfall 1 11/13/2007
Outfall 2
11/13/2007
Outfall 1 12/1 1 /2007
Outfall 2
12/11/2007
08/28/2007
08/28/2007
08/28/2007
7
1 /3012007
11/30/2047
12/21/2007
12/24l2007
12/24/2007
N/A
N/A
N/A
12/24/2007 01/04/2008
= Follow up chroni
y retest due to f'aild
a
rly sarnping event
,VENTS

[Fwd: [Fwd: NC0088226- Wachovia Tryon Street]]
Subject: [Fwd: [Fwd: NC0088226- Wachovia Tryon Street]]
From: Michael Parker <[e-mail]>
Date: Mon, 26 Nov 2007 15:08:49 -0500
To: Marcia Allocco <[e-mail]>
You probably should have received a copy of this instead of me....
Subject: NC0088226- Wachovia Tryon Street
From: Toya Fields ‹[e-mail]>
Date: Mon, 05 Nov 2007 14:24:29 -0500
To: Mike Parker <[e-mail]>, Bob Sledge <Bob,[e-mail]>
CC: Susan A Wilson <[e-mail]>
Hi guys,
I issued this permit for a groundwater remediation system in July 2006. Since then,
every month I've received a large, bound document titled "NPDES Sampling Report". I
assumed the consultant was sending me a copy out of an overabundance of caution.
From time to time I've checked BIMS and they haven't had any violations, so I've sent
them down to Central Files. Back in February I realized that not only were they not
getting any violations- there was no data recorded in BIMS at all! I called the
consultant and asked if they were submitting DMRs. They weren't aware that they
needed to. I explained Chat we needed DMRs and sent them a link to the website.
They said they'd quickly fill out all the back DMRs and get them in ASAP. Still,
every month I get the sampling reports and send them down to Central Files. Today I
got another and decided to check BIMS. Still, no DMRs, no violations. I was about
to send another note to the consultant, but while flipping through the sampling
report I noticed that in the back they have appended each and every DMR since July
2006.
According to the sampling report, they have been discharging since September 2006.
They probably never submitted an engineers certification because for several months
before they received the permit, they had a temporary permit from CMUD to discharge
their wastewater into the sanitary sewer. So the facility was already operating
before they got the permit.
Can you guys sort this out? There must be a stack of these reports in central files
now, plus they've been doing their quarterly WET as required.
Thanks,
Toya
Toya Fields [e-mail]
Environmental Engineer I
Western NPDES Program
Division of Water Quality
Tel: [phone] x 551
Faxe 919-733-0719
Content -Type: messagehic822
NC0088226- Wachovia Tryon Street
Content -Encoding: 7bit
1 of 1 11/26/2007 3:48 PM

MichaelF Easley., Governor
Winiam G. ROS'S Jr „ Secrtlary
North Carolina Deparinrent of Environment and Natural Resom ce.s
Coleen H. Sullins, Dire.C40/
Division of Warer Quality
November 9, 2007
Mr, John S. Lair, P.G.
ECS Carolinas, LLP
8702 Red Oak Boulevard; Suite A
Charlotte, NC 28217
Subject: Submittal of Discharge Monitoring Reports
Wachovia Tryon Street GW Remediation
NPDES Permit NC0088226
Mecklenburg County
Dear Mr. Lair:
The Division of Water Quality has received the sampling reports you have submitted on behalf of the subject
facility, We Would like to take this opportunity to request thai you modify your current reporting practices,
Results of monitoring are to be reported on standardized, approved Discharge Monitoring Report (DMR) forms,
These DMR forms have space for providing facility informationas well as characteristics of the discharge. They
are typically preparedas a two-sided form with data on one side and the permittee's certification of compliance
status on the back. Under most circumstances, the double sided DMR form is all a facility needs to submit to
document the quality of an outfall's effluent during a particular reporting inonth. Support information (like a
copy of the permit., lab results, chains of custody, etc.) does not need to he :submitted along with the DMR, Such
records are required to be retained by the permittee for at least three years and must be made, available to Division
personnel upon request. Submitting these extra records along with DMRs generally does not add any value to the
information already provided on the form, and takes up additional space in our records retention areas.
A copy of the MIR form typically used by facilities such as this one is attached along with a discussion .regarding
how to complete the form. All DMRs are to be submitted to our Central Files address as indicated on the DMR
form. Your assistance in the proper reporting of data is very much appreciated,
If you have any questions about this letter or discharge monitoring reports, please call me at [phone],
extension 547..
Sincerel,
47./r-ZV- oe7
Bob Sledge
Point Source Branch
cc. NPDES File
MRO/SWP Section
Central Files
Allen J. Holloway — .Childress Klein Properties
North Carolina Di, vision of Water Quality 1617 Mail Service Center Raleigh, NC 2'1699-1617 Phone [phone]
jmemet ‘vss5yliciaraterqualial)Le„ Location: 512 N. Salisbury SI Raleigh, NC 27604. Fax [phone]
NnThCii1uia
Izttirally
Customer Service
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Your item was accepted at 5:05 PM on December 10, 2007 in
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itEcTivPD Liecl ZOOT
Michael F. Easley„ Goverrm
Willien) G. Ross Jr., Secretary
Noith Carolina Department of Envlroinnent and Natural Resources
December 10, 2007
CERTIFIED MAIL #7007 0710 0005 28 2 1547
RETURN RECEIPT REOUESTE,D
Mr. Allen J. Holloway IIf, RPA, Construction Manager
Childress Klein Properties
301 South College Street, Suite 2800
Charlotte, North Carolina 28202
Dear
Holloway:
Co.leen F. Sullins, Director
Division of Water Quality
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Tracking No.: NOV-2007-PC-0813
Compliance Evaluation Inspection
NPDES Permit No.: NC0088226
Wachovia Site
500 South Tryon Street
Mecklenburg County, NC
.Enclosed is a copy of the Compliance Evaluation Inspection report for the inspection
conducted at the subject facility on November 2, 2007, by Mr. Christopher Elmore of the
Mecklenburg County Water Quality Program (MCWQP). This inspection was conducted as part
of a cooperative working agreement between Mecklenburg County and the Division of Water
Quality.
This report is being issued as a Notice of Violation/Notice of Recommendation for
Enforcement (NOV/NRE) due to the noted violations of the subject NPDES permit and North
Carolina General Statute (G.S.) 143-215.1, as detailed in the Records/Reports, Flow
Measurem ent, and Self Monitoring Program sections of the attached report. Pursuant to G.S.
143-215.6A., a civil penalty of not more-thantwenty-five thousand dollars ($25,000.00) per
violation, per day, may be assessed against any person who violates or fails to act in accordance
with the terms, conditions, or requirements of any permit issued pursuant to G.S.
It is requested that a written response be submitted to this Office by no later than
Jauuary 7, 2008, addressing the above -noted violations in the attached report. In responding to
the violations, please address your comments to the attention of Ms. Marcia Allocco at the
letterhead address. .Additionally, please send a copy of your response to Mr. Rusty Rozzei1e of
MCWQP at 700 N. Tryon Street, Suite 205, Charlotte, NC 282.02.
ATVA NcilthCarolina
One.
tikDENR
Mooresville Regional Office Division of Water .Quality
Internet: r4xKW_167,,waNI.1ePli.11Q.C1 610 East Center Ave, Suite. 301 Mooresville, NC 28115
An Equal Opportoity/Affitm.ativa Action Employer.- 50% Recycled/10% Post Consumer Paper
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NOV- t 07
Page
This letter is also to advise you that this fffrc cons ilcrlrr s ndirt a ra nauttc ati n
for enforcement action to the Director :tc r t he 1~ i isic on of Water Qual t fir tlr v icaiati ras of(IS.
14 - 1 .1 and the subject MIMS Permit. t you ]lave an explanation l"crr tl violations ns that }ou.
ww ish to present, please include it in the rearrested response, Your expluatioir will be reviewed
and i1 arr enforcement action is still deemed appropriate, your explanation will be forwarded d t
the 1itertrar r rrg with the entbrcement package for his consideration.
The report rt should be self-explanatory however, bald you h v y question
c lac rrtinthis report or my other r matters, please cs sata t Ms Mar a All cco or rrxx rat (704)
Krebs
giona Superviser
mike Water Protection tection
MC QP

Transa
N
United States Environmental F'rot:eetion Agency, Washington, DC 20460
NPDES Compliance Inspection Report Arc"
North Ca. olinaDepartment of Environment and Natural Resources
�E�R
1)iv. ision of Water Quality, Mooresville Regional Office
Code N
No.
5 NC0088226 07
Inspection Work Days
1,5
Name and I trcation of Facility Inspected:
Wachovia Site
Childress Klein Properties
500 South Tryon Street
Charlotte, NC
1
Data'Svsttri +C'oding
Remarks:
cklenbu, Corm
Evaluation R i)
Names) of On -Site Representatives-------Title(s)--------Phone No(s):
R
11:0
Exit 'finre:
12;45 AM
Date:
November 02, 2007
Form Approved
OMB No, 2040-0003
Approval Expires
pection Type Inspector
c c
131 QA
N N
rermfl r 1te
July 1, 2il(16
Permit xp
June'30, 7fi1
Mr. Allen Holloway III, RPA / Construction Manager l Phone: (704)342-P000 / Tax: (7c )343-4_387
d Address of Responsible Official:
Holloway III, RPA
dress Klein Properties
South College Street, Suite 2800
:h Carolina, 28202
Se Lion
acted ilrrrin
Perrrrit flow Measrtrearten
Records/Reports [ Self -Monitoring Program
Facility Site Review [] Compliance Schedules
Tent/Receiaing Waters Laborato
Title:
Construction Manager
Phone No.
[phone]
per
ge Handling/
Storm.water
of Ftrtdi gsl+t os
All areas are rated sa^hsf ctory unless otherw+ ise indicated. See attached she.
Slgnature(s) of Inspeetor(s): Ageneyl+t ftzcel I elep1 one...
Christr pher l lznc re MCWt P/(704) 33t -5500
Si naft re of Reviewer:'
EPA Form 3560-3 (Revised 3-SS) Previot 'E"r
evention
ance
i sp
L] Po
ry
NA
acted?
Yes
•
r Overflow
P
Program 0 Multimedia
envy/() [fine::
'DENR — Division of Water Quality
urface Water Protection — Mooresville Regional Office

GENE
The facility has not been previously inspected by MCWQP. This inspection was
perfOrtned at the request of the Mooresville Regional Office of NCDENR.
PERMIT:
The current permit became effective on July 1, 2006, and expires on June 30, 2010, The
permit authorizes the discharge of groundwater from Outfalls 001 and 002.
The location is a construction site and the permit allows the discharge of the site
groundwater as a dewatering operation. Outfall 001 discharges groundwater after it is pumped to
a storm drain. Outfall 002 discharges groundwater after it is pumped and flows through a
holding tank. There are no actual treatment elements in line for either of the discharges.
The current permit properly describes the dewatering operation at the site. The facility is
not classified and therefore an Operator in Responsible Charge (ORC) is not required.
RECORDS/REPORTS:
Discharge Monitoring Reports (DMRs) were reviewed for the period July 2006 through
June 2007 for Outfalls 001 and 002. All of the DMRs submitted for review in the inspection
process were signed by Brent M. Lesmerises (Operator Certification # 987060) and dated
October 30, 2007.
Permit NC0088226 states, in Part II Standard Conditions Section D, Item 2 that
monitoring results obtained during the previous month(s) shall be summarized for each month
and reported on a monthly DMR form postmarked no later than the 28'h day following the
completed reporting period. The first DMR. is due on the last day of the month following the
issuance of the permit or in the case ofa new facility, on the last day of themonth foflowin
the commencement of discharge. The permittee failed to provide the 'DMRs within the
required timeframe required by the permit during the entire reporting period.
Duplicate signed copies of these, and all other reports required herein, shall be submitted
to the following address:
NCD.ENRI Division of Water Quality Water Quality Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-161.7
All of the DMRs submitted for review during the inspection indicate that the sample date
of each sample taken is the first of the month. This does not coincide with. the dates of the
analytical reports submitted for review. The sample dates on the DMRs are therefore
inaccurate and two copies of amended DMRs should be submitted to the Division of Water
Quality to the above noted address. Please review Part 11 Standard Conditions Section D,

Item 7 that describes the requirements for recording results of any sampling and monitoring
perfbnned as a requirement of NC0088226 and should correspond to data reported on the
monthly Discharge Monitoring Report(s).
FACILITY SITE REVIEW:
An of the components of the Outfalls 001 and 002 were in service and appeared to be
operating properly at the time of the inspection.
FLOW MEASUREMENT:
Permit NC0088226 states, in Section A. 1. Effluent Limitations and Monitoring
Requirements that flow is to be measured on a monthly basis using an appropriate flow meter at
both Outfalls 001 and 002. The permit further states, in Part II Standard Conditions Section 1),
that the flow meters are to be calibrated at a minimum of once per year. As indicated on the
reviewed DMRs and verified during the inspection flow monitoring is not being performed
as required by the permit at either outfall.
LABORATORY:
The permittee contracts with Pace Analytical Services, Inc. to perform all chemical
analyses (NC Laboratory Certification .# 12) and Chronic Toxicity testing (NC Laboratory
Certification # 9) specified in the permit. Pace Analytical Services, Inc. was not evaluated
during this inspection.
EFFLUENT/RECEIVING WATERS:
The facility discharges to the City of Charlotte municipal storm drain system, which
subsequently discharges into an unnamed tributary to Little Sugar Creek, a Class C water, within
the Catawba River Basin. The discharges from Outfalls 001 and 002 were clear and had no odor.
Inspection of the outfalls revealed no evidence of detrimental impacts.
SELF -MONITORING PROGRAM:
DMRs were reviewed for the period July 2006 through June 2007. 'The foliowing
deficiencies were found during this review:
1. The perrnittee has not monitored the discharge flow at either Outfall 001 or 002 as
required by the permit and discussed in the Flow Measurement section.
The inspection determined that the discharges from Outfalls 001 and 002 might not
have been monitored as required in the Effluent Limitations and Monitoring
Requirements, Section A. (1) of NC0088226 due to non -discharge on facility
visitation days by contracted sampling personnel. It is a violation of NC0088226 to
discharge effluent to Waters of the State without performing the required
monitoring.

The dischar• e. t rn t utfall 001 failed the Chr raie Toxicity test during September
2006, December 2006. and September 2007i These violations nave been or will be
addressed under separate cover by the Aquatic Toxicity Unit ofthe Division of 'Water
Quality;.
t. The discharge om Ouif all 002 failed the CbroChronic I':icity test for during September
2007. Ibis violation will be addressed under separate cover by the Aquatic Toxicity
Unit of the Division of Water Quality, It is unclear whether all of the quarterly
Chronic Toxicity testing re wire t pry NC0088226 has been performed ou the
discharge from Outfall 002 since the penult NV as issued in June 2006.
OP 'RATIONS & MAINTENANCE:
-the site appeared to he in good o serati ditio . at the

ECS CAROLINAS, LLP
Geotechnical • Construction Materials • Environmental
8702 Red Oak Boulevard, Suite A
Charlotte, North Carolina 28217
Telephone [phone] Fax [phone]
To:
Ms. Marcia Allocco
NCDENR-Division of Water Quality
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, NC 28115
We are sending you the following items via: Regular Mail
COPIES
Date:
LETTER OF TRANSMITTAL
©2114/08
Project No.
©8-3515D
Report of Flow Meter Installation
Tracking NO.: NOV-2007-PC-0813
Compliance Evaluation Inspection
NPDES Permit No. NC0088226
Wachovia Site
500 South Tryon Street
Charlotte, Mecklenburg County, North Carolina.
DATED
02-14-08
DESCRIPTION
Report of Flow Meter Ins tallatio
These are transmitted as checked below:
x For your use
As requested
Please contact Brent Lesmerises with questions regarding
Mr. Allen Holloway — Wachovia Bank, N.A
COPY TO: Mr. Rusty Rozzelle - MCWQP
his project. Thank
SIGNED: Brent Lesmerises

vA ROI N.AS
Con.st.
February 14, 2008
Ms. Marcia Allocco
NCDENR — Division of Water Quality
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, North Carolina 28115
Reference: Report of Flow Meter Installation.
Tracking No,: NOV-2007-PC-0813
Compliance Evaluation. Inspection
NPDES Permit No. NC0088226
Wachovia Site
500 South Tryon Street
Charlotte, Mecklenburg County, North Carolina
ECS Project 08-3515D
Dear Ms. Allocco:
In response to the Notice of Violation and Recommendation for Enforcement issued by the North Carolina
Department of Environment and Natural Resources (NCDENR), Division of Water Quality on December
10, 2007, ECS Carolinas, LIT (ECS) is submitting this Report ref Flow Meter Installation on behalf of
Wachovia. Bank, N.A. Included in this report is summary of the flow measurement violation that was
identified during the inspection conducted at the site on November 2, 2007' by the Meck.l:en.burg County
Water Quality Program (MCWQP).and. a summary of actions taken to address the violation.
�► NOV letter indicates that the DMR forms and verified during the inspection indicates drat flow
monitoring is not being performed as required by the permit at either outfall.
On behalf of Wachovia Bank, N.A$, ECS subcontracted with A&D Environmental, Inc. (A&D) to install
totalizing 4-inch diameter continuous flow meters at each outfall (Outfall 001 & 002) at the site. On
January 16, 2007, the flow meters were installed (Photographs 1 and 2).
Monthly flow meter readings will be collected during future monthly sampling events and will be included
on future DMR forms to be submitted to the NCDENR.
If you have any questions concerning this report or this project, please contact ECS at [phone].
Sincerely,
ECS CARO LNAS P
Bren
Project: Geologist
Enel asures
Mr. Allen Holloway --'Wachovia Bank, N.A. cfo Childress Klein Properties
Mr. Rusty R.ozzelle M:CWQP
n S. Lair. P.G.
ncipal Geologist
8'7(12 Red Oak Boulevard,. Suitt A, t:`laaa leatte, Naarth Carolina'
704-525-5152 + Fax: [phone] • www.r cslim.ited.corn

Photograph a
View of Outfall 001 How Meter —S. Tryon Street
Photograph 2
View of Outfall 002 Flow Meter — E.
na
Street.

C_S CAR LI.NAS, LLP
Geotechnical Construction at ri tl onme a_
��t�vironme��tal
Mr. Jimmie Overton
Chief, Environmental Sciences Section
North Carolina. Department of Environrne
Division of Water Quality
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
and Natural Resources
Reference: Outfall 2 Status
Wachovia-Tryon Street BTS
NPDES Permit No. NC0088226/001.
Charlotte, North Carolina.
ECS Project 08-3515D
Dear Mr. Overton:
July 2, 2008
NC D NR SRC
Surface 'ate Pro)
ECS Carolinas, LLP, (ECS) is writing to inform the North Carolina Department of Environment and Natural
Resources, Division. of Water Quality that as of May 2008, the ©tidal.' 002 located at the Wachovia-Tryon
Street BTS site (NPDES Pem-iit No. NC0088226/001) is no longer discharging as construction dewatering
activities associated with Outfall 002 have ended.
if you have any questions concerning this report or this project„ please contact us at [phone].
Sincerely,
ECS CAROLINAS, LLP
S. Lair,
pal Geologist
Wachovia Bank, N.A. — c/o Mr, Allen Holloway — Childress Klein Properties
NCDENR.— Mooresville Regional Office — Attn: Mr. Mike Parker
NCDENR Mooresville Regional Office,-- Attn: Mr. John Lesley
NCDENR — Central Files — Division of Water Quality
d Oalw ;ltuul aarrl
h�arlr�tte North Carob
5:152 • iia, 7t}4-525-717t1 wwa °.ecsllmlted,com

Michael F, Easley, Governor
William G, Ross Jr„ Secretary
North Carolina Department of Environment and Natural Resources
Coleen N. Sullins, Director
Division of Water Quality
April 16, 2008
FAMES L< PATTERSON
FIRST UNION COMMONS
2810 ONE FIRST UNION CTR
301 S COLLEGE ST
CHARLOTTE. NC 28202
SUBJECT: Payment Acknowledgment
Civil. Penalty Assessment
First Union Commons
Permit Number: NC0086886
Case Number: MV-2008-0001.
Mecklenburg County
Dear Mr. Patterson:
NC DENP
DWQ-Surface ate:
This letter is to acknowledge receipt of check number 530893 in the amount of $381.20 received
from you dated April 8, 2008. This payment satisfies in full the above civil assessment levied
against the subject facility, and this case has been. closed. Payment of this penalty in no way
precludes future action by this Division for additional violations of the applicable Statutes,
Regulations, or Permits.
f you have any questions, please call Robert L. Sledge at 91.9-733-5083, Ext. 547.
Sincerely,
Dina Sprinkle
cc: Central Files
DWQ Mooresville Regional Office Supervisor
1617 Mail Service Center Raleigh, NC 27699-'1617 [phone]
Customer Service 1 80,0 623-7748
IYo thCarohnrt
Ahaturally

Governor
William G, Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
March 28, 2008
CERTIFIED MAIL 7002 3150 0003 7052 9806
RETURN RECEIPT REQUESTED
Mr. James Patterson
Childress Klein. Properties
301 South College Street; Suite 2800
Charlotte, NC 28202
Subject: Remission Request of Civil Penalty Assessment
NPDES Permit Number NC0086886
The Greens at Wachovia WWTP
Mecklenburg County
Case Number MV-2008-0001
Dear Mr. Patterson:
Coleen He Sullins, Director
Division of Water Quality
I have considered the information submitted in support of,your request for remission in accordance with.
North Carolina General Statute (N.C.G,S.) § 143-215.6A(O and have found no grounds to modify the
civil penalty assessment in the amount of $381,20.
If you choose to pay the penalty, send payment to me at the letterhead address within thirty (30) days of
receipt of this letter. Please make your check payable to the Department of Environment and Natural.
Resources (DENR),.
If payment is not received within thirty (30) days of receipt of this letter, in accordance with N.C.G.S.
143-215.6A(f), your request for remission of the civil penalty (with supporting documents) and my
recommendation to deny the request (with supporting documentation) will be delivered to the North
Carolina Environmental Management Commission's (EMC) Committee On Civil Penalty Remissions
(Committee) for final agency decision.
If you desire to make an oral presentation to the Committee on why your request for remission meets
one or more of the five statutory factors you were asked to address, you must complete and return the
attached form within thirty (30) days of receipt of this letter, Please mail the completed form to the
attention of Bob Sledge at the following address:
Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699- 1617
N a thCarolina
V'ah7ra/ij
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC Z76 J.) 1'7 Phone (9Service
lnicrmi µ Location; 512 N, Salisbury St. Raleigh, NC 27604 Fax (919) `l33-2496 1- 623 6745
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

Childress Klein Properties
MV-2008-0001 Remission Result
I•
2
Your request for an oral presentation and the documents in this matter will be reviewed by the PAC
Chainnan and, if it is determined that there is a compelling reason to require an oral presentation from
you, you will be notified by certified mail of the date, time, and place that your oral presentation can be
made, Otherwise, rise, the final decision on your request for remission will be made by the Committee based
on the written record,
hank you for your cooperation in this matter, If` you have any questions about this letter, please contact
Bob Sledge at (919) -5 8 , extension 547.
attac
cc.w Mooresville Regional Office
Enforcement file
Central Files
it, Cole
H, Sullins

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
March 28, 2008
CERTIFIED MALL 7002 3150 0003 7052 9806
RETURN RECEIPT REQUESTED
Mr, James Patterson
Childress Klein Properties
301. South College Street; Suite 2800
Charlotte, NC 28202
Dear Mr. Patterson:
Coleen H. Sullins, Director
Division of Water Quality
NC DENP, !VINO
DWQ-Sutoce Wcter Protection
Subject: Remission Request of Civil Penalty Assessment
NPDES Permit Number NC0086886
The Greens at Wachovia WWTP
Mecklenburg County
Case Number MV-2008-0001
I have considered the information submitted in support of.your request for remission in accordance with
North Carolina General Statute (N.C.G.S.) § 143-215.6A(f) and have found no grounds to modify the
civil penalty assessment in the amount of $381.20.
If you choose to pay the penalty, send payment to me at the letterhead address within thirty (30) days of
receipt of this letter. Please make your check payable to the Department of Environment and Natural
Resources (DENR).
If payment is not received within thirty (30) days of receipt of this letter, in accordance with N.C.G.S. §
143-215.6A(f), your request for remission of the civil penalty (with supporting documents) and my
recommendation to deny the request (with supporting documentation) will be delivered to the North
Carolina Environmental Management Commission's (EMC) Committee On Civil Penalty Remissions
(Committee) for final agency decision.
If you desire to make an oral presentation to the Committee on why your request for remission meets
one or more of the five statutory factors you were asked to address, you must complete and return the
attached form within thirty (30) days of receipt of this letter. Please mail the completed form to the
attention of Bob Sledge at the following address:
Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone]
hiternec www.ncwaterouality,orn Location: 512 N. Salisbury St, Raleigh, NC 27604 Fax [phone]
one .
NprthCarolina
Arai/ray
Customer Service
1-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

iildress Klein Properties
MV2OO8OOO1 RemissRest"' t
p.2
Your request for an oral presentation and the documents in this matter will be reviewed by the EMC
Chairman and, if it is determined that there is a compelling reason to require an oral presentation from
you, you will be notified by certified mail of the date, time, and place that your oral presentation can be
made. Otherwise, the final decision on your request for remission will be made by the Committee based
on the written record,
Thank you for your cooperation in this 'matter. If you have any questions about this letter, please contact
Bob Sledge at [phone], extension 547.
attachment
cc: Mooresville Regional Office
Enforcement file
Central Files
Sincerely,
Coleen H. Sullins

rir OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
COMMISSION
County of Mecklenburg
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
Childress Klein Properties
DWQ Case Number MV-2008-0001
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty
Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements:
This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or
denied.
Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh,
North Carolina.
My presentation will be limited to discussion of issues and information submitted in my original remission request, and because
no factual issues are in dispute, my presentation will be limited to five (5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on
Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's
opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your
representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of
this letter,
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may
proceed with your oral presentation. See www.ncbar.corn/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics Opinion 3.
If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee,
then you do not need legal representation before the Committee; however, if you intend on having another individual speak
on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the
meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law.
If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the
Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law
without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form
and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations,
partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
law.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee
is informed that a potential violation of the statute concerning the authorized practice of law has occurred.
This the day of , 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE (

JUSTIFICATIONFOR REMISSION REQUEST
DWQ Case Number: MV-2008-0001
Assessed Party: Childress Klein Properties
County: Mecklenburg
Permit Number: NC0086886
Amount Assessed: S381.20
NC D
DWQ- ut ace
MR0
er Protec k)n
Please use this foini when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an AdministrativeHearirix 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(e), 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 assess ..ent 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 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 a.nv,previous violations:
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., e,kplain how payment of the civil. penalty will prevent you from pertbrming the
activities necessary to achieve .complicinee).
EXPLANATION: (use cciditonaIpages as necessary)

MACTEC
engineering and constructing a better tomorrow
February 7, 2007
Point Source Compliance/Enforcernent Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699
Subject: Remission Request
DWQ Case Number: MV-2008-0001
Wachovi a Commons
Childress Klein Properties
Charlotte, Mecklenburg County.
NPDES Pennit NC0086886
Dear Sir/Ma'am:
MACTEC Engineering and Consulting, Inc. (MACTEC) on behalf of Wachovia
Commons and Childress Klein Properties performs 'monthly water sampling activities at
the d.ewatering and groundwater treatment system. that operates beneath the referenced
facility located in Charlotte. The system is ordinarily sam.pled each month for oil and
grease, volatile organic compounds by EPA Method 601/602, total suspended solids,
iron, manganese, and zinc.
Childress Klein Properties received a Notice of Violation and Assessment of Civil
Penalty for Violation of the N.C. General Statute 143-215.1(0(6) and NPDES Permit No,
NC0086886, dated January 18, 2008. The assessment was based on a review of the self -
monitoring data reported for July 2007. The facility was non -compliant in July 2007 as a
result of missing the monthly sampling requirements..
MACTEC requests remission from the NCDENR Division of Water Quality because
'MACTEC promptly abated continuing environmental damage resulting from the
violation arid because the violation was inadvertent. MACTEC continued monthly
monitoring in August 2007 and has maintained compliance with the NPDES Permit
monitoring requirements. since August 2007.
The missed sampling event apparently occurred because the MACTEC personnel most
closely associated with the project were out of town during much of July. MACTEC has
taken the. appropriate steps to prevent this type of incident from occurring again.
MACTEC adjusted the sampling protocol and has scheduled sampling events earlier each
month (no later than the 22nd of the month.). MACTEC coordinated with the laboratory to
deliver sampling containers in the first week of each month. MACTEC's project
coordinator selects a primary and secondary sampling date and confirms the schedule
MACTEC Engineering and ConsuIting, Inc,
280 I Ye r kmant Road, Sue 100 • C8a3o9e . NC 2 8 208 • H.704 . 3 57 . 13500 • 704 3 5:7. 8538 www,mactec. corn 1

itl tech.ician. Sincc ti i e
system and; sampling protocol.
required, the I AC'T C protect
sampling.
IA(T (
ACTEC has trained aciditiot al perl;c nnel art tl e
technician cannot l ettenrt l e saniplin when
or (or other qualitiecl l erson) mill performe
zed the missed sampli t e et t in August007 and suhinitted
i catitication letter to the NCDENRl i isi f +r"star Quality dated Au ust '9 2007.
MACT C requested that the NCDENR avoid asseta, isg a civil fine or penaltyagain t our
client for the oversight
e contact I ACT C~ at it _ - 600 if yscau need additio
latter.
Sine rely,
MAC'T C Engine ring and C o sultin , Inc.
erry A. Reed, P.E.
Project Coordin
atic t regarding.
Christopher L. orl itt, P.CI.
Project Manager
c.c. Mike Parker, Mooresville Regional Office
l iatthew Gustis, OR(, Wac sia Commons
James Patterson, Childress Klein Properties, Inc.
Attaehinent: Notice of Violation, dated January 1 , 2008
Notification letter, dated August 29, 2007
Waiver of Right to an Administrative Hearing and Stipulation of facts

HOB
January 18, 2008
CERTIFIED MAIL 7006 2760 0001 8497 4656
RETURN RECEIPT REQUESTED
Mr. James Patterson
Childress Klein Properties
301 South College Street
Suite 2800
Charlotte, North Carolina 28202
Dear Mr. Patterson:
Michael F. Easke}, Governor
William G. Ross Jr.. Secretary
North Carohna Department of Envirtanmertt and Natural Resources
Coleen H Sullins, Director
Division of Water Quality
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215.1(a)(6) and NPDES Permit No. NC0086886
The Green at Wachovia WWTP
Mecklenburg County
Case No. MV-2008-0001
This letter transmits a Notice of Violation and assessment of civil penalty in the amount
of $381.20 ($300.00 civil penalty + $81.20 enforcement costs) against Childress Klein
Properties.
This assessment is based upon the following facts: A review has been conducted of the
self -monitoring data reported for July 2007. This review has shown the subject facility to be in
violation of the monitoring requirements found in NPDES Permit No. NC0086886. The
violations that occurred are summarized in Attachment A to this letter.
Based upon the above facts. 1 conclude as a matter of la w° that Childress Klein. Properties
violated the terms, conditions, or requirements of NPDES Permit No. NC0086886 and North
Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment
A for July 2007. A civil penalty may be assessed in accordance with the maximums established
by C.S. 143-215.6A(a)(2).
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. Robert B. Krebs. Surface Water Protection
Regional Supervisor for the Mooresville Region, hereby make the following civil penalty
assessment against Childress Klein Properties:
Artil
NCDENR
N1<xrresvillc Regional t t`iice
Internet. y_ey,.:y,nre,,qitertgzaalniLorn.
Division of Wa
10 East Center .Ave. Suite 301 !v oore.svrlle_ tip. 2F 1 1 5
ohne
Phone 704-tiC^ .i 9 Customer Scr ice -
fax 7 -l-brra-hO4(
An Equal Opporter Action Employer - 50% Recycledil ©n; Post Consumer Paper

S50.00
$25.00
.00
l(.
$25.00
S25.00
00
.00
$25.00
For one of the (1) failure to monitor for total suspended solids
in violation of the terms of NPDES Permit No. NC0086886.
For one of the (1) failure to monitor for oil and grease in.
violation of the terms of NPDES Permit No. NC0086886.
For one of the (1) failure to monitor for benzene in violation of
the terms of NPDES Permit No. NC0086886.
For one of the (1) failure to monitor for chloroform in violation
of the terms of NPDES Permit No. NC0086886.
For one of the ( l) failure to monitor for 1,2-dichloroethane in
violation of the terms of NPDES Permit No. NC0086886.
For one of the (I) failure to monitor for methyl tert butyl ether
in violation of the terms of NPDES Permit No, NC0086886.
For one of the (1) failure to monitor for tetrachloroethene in
violation of the terms of NPDES Permit. No. NC0086886.
For one of the (1) failure to monitor for trichloroethene in
violation of the terms of NPDES Permit No, NC0086886.
For one of the (1) failure to monitor for zinc in violation of the
terms of NPDES Permit No. NC0086886.
For one of the (1) failure to monitor for iron in violation of the
terms of NPDES Permit No. NC0086886.
For one of the (1) failure to monitor for manganese in violation
of the terms of NPDES Permit No. NC0086886,
S300.00 TOTAL CIVIL PENALTY
$81.20 Enforcement costs.
$381.20 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty 1 have taken
into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1 (h). which are:
5y
The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violations:
The duration and eravity of the violations;
The effect on ground or surface water quantity or quality or on air quality,
The cost of rectitving the damage:
The amount ofrn one saved hy none nipliancc:

(6)
(7)
Whether the violations were 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;
and
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 Environmment.
and Natural Resources (do not include waiver farrrr). 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 including a detailed justification fo
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
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 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:
whether one or more of the civil penalty assessment factors in G.S. 14 3B-
282.1(b) were wrongfully applied to the detriment of the petitioner;
whether the violator promptly abated continuing environmental damage
resulting from the violation;
whether the violation was inadvertent or a result of an accident:
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 information presented in support of your request for remission
must be submitted in writing. The Director 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 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 completeand submit the enclosed
Waiver of Right to an Administrative Hearing and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality
also requests that you complete and submit the enclosed "Justification for
Remission Request" Both forms should be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
File a petition for an administrativehearing 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 (I ) 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 Hearinns within five :'7)
business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-67. 4.
Telephone: [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the
petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter,
as evidenced by an internal date/tirne 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 the violations are of a continuing nature, not related to
o erat. on and. or maintenance problems and vou anticipate remedial construction activitiesthen
you may wish to consider • 'al Order b Consent. u hav uestions
about this civil penalty assessment or a Special Order by Consent, please contact the Water
Quality Section staff of the Mooresville Regional Office at 704/663-1699.
Oityzoof
(Date)
ATTACHMENTS
ATTACHMENTS
Robert B. Krebs
Surface Water Protection Regional Supervisor
Mooresville Regional Office
Division of Water uality
cc: Water Quality Regional Supervisor NV/ attachments
Compliance/Enforcement File w:.! attachments
Central Files attachments
MA

Ou
01
001
001
001
001
001
001
001
ATTACHMENT
CASE NO. 1°_O0-1
Para e Reported
Value
Total suspended solids None*
Oil and Grease None*
Benzene None*
None
Chloroform
l .? -d i ch1 roethane
Methyl tert butyl ether
Tetra hloroethene
richloroethene
Zinc
Iron
ganese
Denotes ivilpenalty asessrentt:
None*
None
None*
None*
t
None*
None*
Per
Re ulr*ernent
or ra onthl
?\ltntcar monthl\
Moni t°r monthly
°lorritcar rr nthly
cantor monthly
nit r monthly
Monitor monthly
onitor monthly
thly°
th1N
onthly
canit
Monitor

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL. RESOURCES
COUNTY OF MECKLENBURG
IN THE MATI ER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
CHILDRESS KLEIN PROPERTIES
PERMIT NO. NC0086886
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO, MV-2008®000I
I aving been assessed civil penalties totaling 381.20 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated January17, 2008, the undersigned,
desiring to seek remission of the civil penalties, does hereby waive the right to an administrative
hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in
support of remission of this civil penalty must be submitted to the Director of the Division of
Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support
of a remission request will be allowed after 30 days from the receipt of the notice of assessment.
This the day of , 2008
BY
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: MV-2008-000I
Assessed Party: Childress Klein Properties
County: Mecklenburg
Permit Number: NC0086886
Amount Assessed: S38 L20
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 ma.y be granted only when one or
more of the following five factors applies. Please check each factor that you believeapplies 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 thecivil penalty assessment factors in N.C.G.S. l 43B-282. I (b) were
wronfully applied to the detriment of the s)etitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuino environmental dama., eresultinfrom the
violation (Le., explain the steps that you took to correct the violation and prevent iwure
occurrences):
(c) the violation was inadvertent or a result °fan accident explain will:the violation
was unavoidable or something you could iwt prevent or prepare „far);
(d) .the violator had not been assessed civitperialties for any previous vio ations:
payment of the civil penalty (vill prevent payment for the remainine necessary
remedial actions (i.eplain hol-, payment ofthe civil penalty will prevent yoz,(frorn per:forming the
activities +7ecessary to achieve COMphal7CC).
EXPLANA` N: ue additio,2a1 pages as necessori'i

MACTEC
— engineering and constructing a better tomorrow
August 29, 2007
Mr, Charles Weaver, Jr,
North Carolina Department of
Environment and Natural Resources
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699
Wachovia Commons
Childress Klein Properties
Charlotte, Mecklenburg Cou
NPDES Permit NC0086886
Dear Mr, Weaver:
y
MACTEC Engineering and Consulting, Inc. (MACTEC) on behalf of Wachovia
Commons and Childress Klein Properties performs monthly water sampling activities at
the dewatering and groundwater treatment system that operates beneath the referenced
facility located in Charlotte. The system is ordinarily sampled each month for oil and
grease, volatile organic compounds by EPA Method 601/602, total suspended solids,
iron, manganese, and zinc.
This notification letter is to inform the NCDENR Division of Water Quality that the
scheduled sampling did not occur during the month, of July, 2007. The missed sampling
event apparently occurred because the MACTEC personnel most closely associated with
the project were out of town during much ofJuly.
Our intention is to prevent this type of incident from occurring again, and we will
continue to schedule all sampling events no later than the 2.2nd of the month. Early in the
.month, upon coordination with the laboratory, a sampling date will be selected, and
conveyed by written notice to the sampling technician. The technician will respond to
the MACTEC project manager to confirm that he can meet the schedule, If the
technician cannot perform the sampling when required, the MACTEC project manager
(or other qualified person) will perform the sampling. The MACTEC project manager
has used a desktop electronic calendar as a reminder to the technician to make sure the
sampling has been completed, or is in progress by the 25th of each month, and the project
manager also will ascertain the status of the sampling activities. The Operator in
Responsible Charge (ORC), Mr. Matthew M. Gustis, will be copied with regards to
written interoffice correspondence (likely by electronic mail).
MACTEC Engineering and Consu4ing, Inc.
2801 Yorkmon Rood, Suit'e 100 • Charlotte., NC 2820E Phone: 704,2517,8600 • 704.2517,8636
www.mactec.co

MACTEC hereby requesting that NCDENR, avoid assessing a cis it fine, or penalty
against our client for the oversight. Most recent sampling was performed. on August 14,
and chronic toxicity testing was completed the same week, Please contact MACTEC at
7 4-. ` _ 600 if you need additional information or an explanation regarding this matter
Sincerely,
MACTEC Engineering and Consulting, Inc.
.Tire
Pro
D. ,Jordan,
Manager
Parker, Mooresville Regional OfOffice
at -thew Gustis, OR , Wachovia mmons
ameS Patterson, Childress Klein Properties, li c.

EFFLUENT
NPDES PERMIT NO, NC0086886 DISCHARGE NO. _ MONTH YEAR 2007
FACILITY NAME FIRST UNION COMMONS _
CERTIFIED LABORATORY (I ) PACE ANALYTICAL SERVICESFNC. CERTIFICATION NO. 37706
(list additional laboratories on the backside/page 2 of this form)
OPERATOR IN RESPONSIBLE CHARGE (OR,C). .MATTHEW M. GUSTIS
PERSON(S) COLLECTING SAMPLES DWAIN SNYDER „.
CHECK BOX IF ()RC HAS CHANGED
Mail ORIGINAL and ONE COPY to:
ATT.: CENTRAL FILES
DIVISION OF WATER. QUALITY
1617' MAIL SERVICE CENTER
RALEIGH, NC 27699-1617
50 (1053
,OW
16:40
24 23
0.006
NI, um
MonOtly. Limit
7 389 32103 78 9
CLASS CMJNTY MECKLENBURG
GRADE I CERTIFICATION NO. 986275
ORC PHONE [phone]
NO FLOW / DISCHARGE FROM SITE *
(SIGN 1 RI OF OPERAT R IN RESPONSIH), CHA
t1V 'IDES SIGNA'FURE, I CERTIFY THAT 'FRLS REPORT IS
ACCURATE AND COMPLETE T0'11-if, BEST OF MI KNOWLED(E,
01..6
,NS
'S NSNS
;/1„
NS NS NS
-G
22417
32106 01045 01092
/'L
0
155 THP3R
5 97,5
5 NS S NS NS 97.,5
S 'S NS NS NS 97 5
!,ASS
MeV() Form MR-1 (11/04 .1

Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
(including, weekly averages, if applicable)
All monitoring data and sampling frequencies do NOT meet ,permit requirements
Complian
jant
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially
threatens public health or the environment, Any information shall be provided orally within 24 hours from the time the
permittee became aware of the circumstarices„A written submission shall also be provided within 5 days of the time the
perrnittee becomes aware of the circumstances.
If the facility is noncompliant, please attach a list of corrective actions beiug taken and a time -table for
improvements to be made as required by Part II.E.6 of the NPDES permit.
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision
in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information
submitted, Based on my inquiry of the person or persons who managed the system, or those persons directly responsible
for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and
complete. 1 am aware that there are significant penalties for submitlrng false information, including the possibility of
fines and imprisonment for knowing violations,"
2810 One First Union Center
Charlotte, NC. 28202-6021
Perrnittee Address
[phone]
Phone Number
MACTEC Engineering and Consulting
as agent for Mr, Ja.mes L. Patterson
Matthew M. Gustis,
Permittee (Please print or type)
S'gnature of Permitte **
(Required unless submitted electronically)
Jim Pattersonachildresskleimcorn
e-mail address
Certified Laboratory (2)
Certified. Laboratory (3)
Certified Laboratory (4)
Certified Laboratory (5)
ADDITIONAL CERTIFIED LABORATOR
PARAMETER CODES
613012010
Perrnit Expiration Date
Certification No
Certification No.
Certification No.
Certification No.
'Parameter Code assistance may be obtained by calling the NPDES Unit at [phone] or by visiting the Surface
Water Protection Section's web site at h2o..enr.state.nc.uslwqs and linking to the unit's information pages..
Use only units o
asurernent designated in the reporting 'facility's. NPL ine. data.
" No Flow/Discharge From Site: Cheek this box if no dischargeoccurs and, as a result, there are no data to be
entered for all of the parameters on the DNIR fui the entire monitoring periodL
ORC On Site?: ORC must visit facility and document visitation of .facility as required per ISA NCAC. 8G .0204.,
*** Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on
file with the state per I 5A 'NCAC. 213 .0506(b)(2)(D).
Pa.ge 2

DAILY FLO NtI, A Y REPORT F
1 t NAME - F'lrsi Coone
TYPE OF METER
Ili
4
57
nI
CCNTH 1F
WATER
:45
0
u
5,7(
6ti4
00,1`, 13
:SUBMITTED
DAIL S AVERAGE
a769,090
NPDES Pe t N, 0
WAST WATER
AN
0,047
:379
963
9t959
.183477
I` 6`I'AI 1 4: 4
3.66 4.9�? 1
AVG
4,3
9
4, 31;
84
41

_--- --_•1111111N-_-_MIN
f1_1•11
1IT 1111111111111111111•111MMINIMI=E=11111111•111111111111111111MMMIIIIIIIIIIIIIIIIIMIIIIN
1111111111111MMINI
12111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
18111118®a.
Ins ��
21
1111111111111111111M1- -
111111
4
6;40
14
EFFLUENT
NPDES PERMIT NO. NC0086886 DISCHARGE NO, 01 MONTH ,.IULY YEAR 2007
FACILITY NAME FIRST UNION COMMONS CLASS COUNTY MECKLENBURG
CERTIFIED LABORATORY (1) PACE ANALYTICAL SERVICES. INC. CERTIFICATION NO. 37706
(list additional laboratories on the backside/page 2 of this form)
OPERATOR IN RESPONSIBLE CHARGE (ORC) MATTHEW M. GUSTIS
PERSON(S) COLLECTING SAMPLES DWAINI SNYDER
CHECK BOX IF ORC HAS CHANGED
Mail ORIGINAL and ONE COPY to:.
ATTN. CENTRAL FILES
DIVISION OF WATER QUALITY
1617 MAIL SERVICE CENTER
RALEIGH, NC 27699-1617
GRADE 1 CERTIFICATION NO, 986275
ORC PHONE [phone]
NO FLOW / DISCHARGE FROM SITE *
(SIGN TORE OF OPERA E IN f 2SPO BIBLE CHARM
BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS
ACCURATE AND COMPLETE TO THE HEST OF M' KNOWLEDGE.
n/h
ATE
00530
MCI
0.25
28

Facility Status: (Please check one of the folio
All monitoring data and sampling frequencies meet permit requirements
(including weekly averages, if applicable)
All monitoring data and sampling frequencies do NOT meet permit requirements
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially
threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the
permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances.
If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for
improvements to be made as required by Part ILE.6 of the NPDES permit.
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision
in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible
for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and
complete. I am aware that there are significant penalties for submitting false information, including the possibility of
fines and imprisonment for knowing violations."
2810 One First Union Center
Charlotte, NC, 28202-6021
Permittee Address
(704) 374:663 1
Phone Number
MACTEC Engineering and Consulting
as agent for Mr. James L. Patterson
Matthew M. Gustis, P,E.
Permittee (Please print or type)
S'ature of Permi *** Date
(Required unless submitted electronically)
JimRatterson@chitdressidein,com 6/30/2010
e-mail address Permit iraton Date
Certified Laboratory (2)
Certified Laboratory (3)
Certified Laboratory (4)
Certified Laboratory (5)
ADDITIONAL CERTIFIED LABORATORIES
PARAMETER CODES
Certification No.
Certification No,
Certification No.
Certification No,
Parameter Code assistance may be obtained by calling the NPDES Unit at [phone] or by visiting the Surface
Water Protection Section's web site at h2o.enr.state.nc.usiwqs and linking to the unit's information pages,
y uni
urernent designated in the reporting facility's NPDES permit for reporthig data.
* No Flow/Discharge From Site: Check this box if no discharge occurs and. as a result. there are no data to be
entered for all of the parameters on the DMR for the entire monitoring period.
ORC On Site?: ORC must visit facility arid document visitation of facility as required per 15A NCAC 8G .0204
*** Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on
file with the state per 15A NCAC 2B .0506(b)(2)(D).
Page 2

1.6.1LY FLOW SUMMARY REPORT FOR THE ONT
SITE NAME - First Union Commons
TYPE OF METER WATER
2007
DAY
6/29t201 '
2
4
5
6
7
8
9
10
14
1
16
NPDES Permit NeLNC0086886
TIME E FADINGGAL ONS AVG GPI)
7:10 5,626,266
16:45 ,656,313
16:00
,691
047
79 3,929
17 I3:10 5,700,654 16,963 4,37
8
19
20
21
24
25
26
27
28
29
SUBMITTED BY:
:26
5 730,613
5,769,090
TOTAL
29,959 4,284
38,477
14,347
3,366
5,548
4.221

,
Midiaet F. Easley, („iovctior
dliam C. Ross Jr., Seretary
North (.:41rolina Department of n rn mein and Natural Resour,:c!s
Cok.en Dire.clor
Division of Water Quahty
January 18, 2008
CERTIFIED MAIL ,7006 2760 0001 8497 4656
RETURN RECEIPT REQUESTED
Mr. James .Patterson
Childress Klein Properties
301 South College Street
Suite 2800
Charlotte, North Carolina 28202
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C..General Statute
143-215.1.(a)0) and NPDES Permit No, NC0086
[he Green at Wachovia WWTP
:Mecklenburg County
Case No, MV-2008-0001.
Dear Mr, Patterson:
This letter transmits a Notice of —Violation and assessment of civil penalty in the amount
of $381. „20 (S300.00 civil penalty + $81.20 enforcement costs) against Childress Klein
Properties.
This assessment is based. upon the following facts: A review has been conducted of the
self-monitorin.g data reported for July 2007..This review has shown the subject facility to be in
violation of the monitoring requirements found in N111.)ES Permit No.. NC0086886. The
violations that occurred are summarized in Attachment A to this letter.
Based upon the above facts,..I conelude as a matter of law that Childress Klein Properties
violated the terms, conditions., or requirements of NPDES Permit No. NC,0086886 and North
Carolina General Statute (G,S.) 143-215.1(a)(6) in the manner and extent shown. in Attachment.
A for July 2007, A civil penalty may be assessed inaccordance with the maximums established
by G.S. 143-215,6A(a)(2).
Based upon the above ,findings of fact and conclusions of law, and in accordance with
authority provided by the Secretary of the Department ol2Envirotunent and Natural Resources
and the Director of the Division of Water Quality, 1, Robert B. Krebs, Surface Water Protection
Regional Supervisor for the Mooresville Region, hereby make the following civil penalty
assessment against Childress Klein Properties:
TwirA
ENR
Mooresville Regional Office
or Water Quality
610 East Cauer S 11 lie 301 Mooresville, NC 2S 1 1.5
till.hCarotina
Auturally
Phone [phone] Cusromer Service
Fax 704-66:3-6044l I -R7 7-62J-674 8
'memo; ykr.ww,1.ovaterqkiahtv5x2,
An Equal OppertunityLAffirrnative ACtlon Employer - 50% Recycled/10% Post Consumer Paper

$25,00
$25.00
$25.00
$25,0(
$25.00
$25).00
$25.00
$300.00
$81.20
S381.20
For one of the (1) failure to monitor for total suspended solids
in violation of the terms of NPDES Permit No. NC0086886.
For one of the (1) failure to monitor for oil and grease in
violation of the terms of NPDES Permit No..NC0086886.
For one of the (1) failure to monitor for benzene in violation of
the terms of NPDES Permit No. NC0086886.
For one of the (1 ) failure to monitor for chloroform in violation
of the terms of NPI)FS Permit No. NC0086886.
For one of the (1) failure to monitor for 1.2-dichloroethane in
violation of the terms of NPDES Permit No. NC0086886.
For one of the (1) failure to monitor for methyl tert but:,.1 ether
in violation of the terms of NPDES Permit No. NC0086886.
For one of the (1) failure to monitor for tetrachloroethene in
violation of the terms of NPDFS Permit No. NC0086886.
For one. of the (1) failure to monitor for trichloroethene in
violation of the terms of NPDES Permit No. NC0086886.
For one of the (1) failure to monitor for zinc in violation of the
terms of NPDES Permit No. NC0086886.
For one of the (1) .failure to monitor for iron in violation ofthe
terms of NPDES Permit No. NC0086886.
.For one of the (1) failure to monitor for Manganese in violation
of the terms of NPDES Permit No. NC0086886.
TOTAL CIVIL PENALTY
.Enforcement costs.
TOTAL AMOUNT DUE
Pursuant to (J.S.143-215.6.Ate), in determining the amount of the penalty 1. have taken
into account the Findins of Fact and Conclusions of Law and the factors et forth at G.S. 143B-
282„1(b), which are:
) The degree and extent of hann to the natural resources of the State, to the public
health, or to private property resulting from the violations;
(2) The duration and gravity of the violations;
(3) 'The effect on ground or surface water quantity or quality or on air qualit);
(4) 'Fhe cost of rectifying the damage;
(5) 1he amount of money saved by noncompliance;

(6) 'Whether the violations were 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 fOrrn) 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 ComplianeciEnforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. 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 arnount of the
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 that no factual or legal issues are in dispute. Please prepare a detailed
statement that establishes why you belie-ve the civil penalty should be remitted,
and submit it to the Division of Water Qualityat the address listed below. In
determining whether a remission request will be approved, the following factors
shall be considered:
(3)
(4)
whether one or more of the civil penalty assessment factors in G.S. 143B-
(b) were wrongfully applied to the detriment of the petitioner;
whether the violator promptly abated continuing environmental damage
resulting from the violation;
whether the violation 1,vas inadvertent or a result of an accident;
whether the violator had been assessed civil penalties for any previous

(5)
violations; or
whether payment of the civil penalty willprevent payment for the
remaining necessary remedial actions..
Please note that. all information presented in support of your request for remission
must be submitted in writing. The Director 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 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 vas 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
"Waiver of Right to an Administrative Bearing and Stipulation of Facts" form
‘,vithin 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 he submitted. to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699- 6 7
OR
3 File a petition for an administrative hearing with the Office of
Administrative Hearings:
If you wish to contest any statement n the attached assessment documentyou
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 ‘Nhen 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 ot: dnainistrati -e Hearin s
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone: [phone] Facsimile: [phone]
A copy cat the petition must also be served c n DENR as fc 1
Ms, Mary Penn. Th meson, Genounsel
epartinent of Environment and Natural l esources
1601 alai l Service Center
Raleigh:, North Carolina 2769-1 601
Please indicate the case number as found on page one cat this lettcrf of the
l etition
to exercise one of the c pti.c-ins above within thirty (30) dads of receipt of this lefts
a evidenced by an interz°ial date.=°'tune. re ivied stamp z c t a postmark), s °i11 result in this matter
being re erred to the Attorney Genera l`s t #flee ftzr colic-tion of the penalty through a e it
actioi
Please be adv
period o`
operatic -in andlor n ailn
Utz zza.; wish t ccni
about this civil penal.
C11z zlit$r ectic n staff`
Af 1 ACI-IME
cc
MA
"can1t1
Centrf
trial penalties tst ° be assessed for 'i alaticatts that tic cur a
ant. It c violations are of a rontizzuin , nature, not related to
e problems, and you anticipate remedial construction actin°
zt for a S tecial Order by Consent, It Rnu have ans questions
�z t or a Special Order b°' Consent, please contact the Water
e fczc r ; °illsRegional Office at 0 </663-1 9 ,
Regional Supervi
cement File vi` attach:
s t.' attachments
Robert , Krebs
Surface 'ater'Protett,tc n Regional upervisor
'mores rills Regional Office
Division ion of Water Quality

.& IT & Pf1 IENT
CASE NO. MV-2008-000
u flaraParameterertd
Value
001 Total suspended solids None*
001 Oil and Grease,
001 Benzene
001 hlor rm
001 1,2-dichlrethate
001 let vl tart butyl ether
001 1 etr chlor ether
001 ri hl r ethene
001 Zinc
C)01 Iron
001 1~wlanganese
Denotes
pen
y assessment
None
None*
None
None
None*
Non'
None*
None*
None*
Permit Requirement
Monitor rnonthl
€ ant or monthly
or monthly
Martin., r monthly
Monitor monthly
Monitor 'monthly
hFlanitor monthly
it r onthly
Monitor rn nthly
Monitor monthly
Monitor monthly
0

S'TA
OF NORTH CAR LIN
COUNTY I ECKLE IIR
DEPART LNT OF ENVMi MENiT
AND NATURAL RESOURCES
IN THE MATTER TER F ASSESSME1 T
OF CIVIL PENALTY AGAINST
CHILDRESS Id m E: I1 PROPERTIES
PERMIT NO. NC0086886
WAIVER '`ER I" RIGHT iITT "f0 AN
AD IINI TR TI `E HEAARIIN ND
l IPI I[ ATION 01 FACTS
E -0001
been assessed: civil permit ies totaling 381.20 for Vic lotion s) as set forth in the
stit doLu ent of the Division of Water tat alitc' dated January 17, 2008, the undersign
desiring to seek remission of the civil penalties. dues hereby waive the right to an adninistrati
hearing in the above -stated 'natter 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
tvv ithin 30 days of receipt oldie notice of assessment: No new evidence in support'
issionieluest will he allowed after 30 days from the receipt of the notice of assessment,
This the
day of ... 200
ADDRESS
TEl EPII i E

JUSTIFICATION FORREM1SSION RE TEST
DWI) Case Number: MV-2008-0001
Assessed Party: Childress Klein Properties
County: Mecklenburg
Permit Number: NC0086886
Amount Assessed: $381.20
Please use this form when requesting remission of this civil penalty.. You must also complete the
"Request For .Remission,, kValyer ot .Right to an ,farministrative Hearing, and ,titipulation 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
listedbelow 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 live 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),
_
wrongfullY applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(a) one or more of the civil penalty assessment factors in N.C,G.S. 143B-282.1(h) were
(b) the violator promptly abated continuing environmental damage resulting from the
violation, 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 tv
was unavoidable or something you could not prevent or prepare lin):
v the vic
(d) the violator had not been assessed civil penalties for any previous iolations:
(e) payment of the civil penalty will prevent payment for the remaining, necessary
remedial actions (i_e„ explain how payment of the (1141 penalty will prevent yot ront per arming the
activities necessary to achieve compliance).
-EXPLANATION: (use additional pages as necessary)

NORTH CAROLINA DIVISION OF WATER OUALITY
Violator: Childress Klein Properties
Facility: The Green at Wachovia WWTP
County: Mecklenburg
Case Number: MV-2008-0001
Permit Number: NC0086886
ASSESS ENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violation;
The permittee failed to monitor the wastewater effluent from Outfall 001 for total suspended
solids, oil and grease, benzene, chloroform, 1,2-dichloroethane, methyl tert butyl ether,
tetrachloroethene, trichloroethene, zinc, iron, and manganese monthly, No monitoring for
these parameters was completed in July 2007.
2) The duration and gravity of the violation;
The above noted parameters were monitored in June 2007 and August 2007.
3) The effect on ground or surface water quantity or quality or on air quality;
No detrimental effects or damage has been demonstrated.
4) The cost of rectifying the damage;
No damage has been documented.
5) The amount of money saved by noncompliance;
The amount of money saved by noncompliance is equivalent to the cost of collecting the
samples and the subsequent analysis.
6) Whether the violation was committed willfully or intentionally;
The violation was an oversight by the contract sampling company.
7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
There have been no prior CPAs against Childress Klein Properties.
8) The cost to the State of the enforcement procedures.
The cost to the Mooresville regional Office was $81.20.
i
a (e
RO Supervisor
Division of Water Quality

MONITORING REPORT(MR) VIOLATIONS for:
Permit: NCD0868 MRs Between: 7,2007 and 74001 Region;
Peaty Name: % Param Name: % County:
Major Minor:
Report Date oiiisics Page 1 of 3
Violation Category: monitoring Violation Program Category: %
Subbasin: Violation Action: %
PERMIT: NM:1086886
FACILITY: First Union Commons - First Union Commons
COUNTY: Mecklenburg REGION: Moo
.
Monitoring Violation
MONITORING OUTFALL
VIOLATION UNIT OF CALCULATED
REPORT PPI LOCATION PARAMETER
DATE FREQUENCY MEASURE
LIMIT
VALUE VIOLATION TYPE VIOLATION ACTION
07 -2007 001 Effluent Benzene 07/31/07 Monthly mg/I None Art/
None
07 -2007 001 Effluent 1,2-dichloroethane 07/31/07 Monthly mg/I Frequency Violation
Frequency Violation
07-2007 001 Effluent Chloroform tc,
07/31/07 Monthly mg/I Frequency Violation None
07 -2007 001
07 -2007
07 -2007
001- ,, Effluent
001 Effluent
Effluent Flow, in conduit or thru
-Flow, in conduit or thru
treatment plant
treatment plant
treatment plant
Flow, in conduit or thru
07/03/07 Continuous
07/01/07 Continuous
07/02/07 Continuous
mgd
mgd
mgd Frequency Violation None
Frequency Violation
Frequency Violation
None
None
07 -2007 001 Effluent Flow, in conduit orlhru. 07/04/07 Continuous mgd Frequency Violation None
treatment plant
07 -2007 001 Effluent Flow, in conduit or thru
07/05/07 Continuous mgd Frequency Violation None
treatment plant
07 -2007 001 Effluent Flow, in conduit or thru None
07/07/07 Continuous mgd Frequency Violation No
treatment Want
07 -2007 001 Effluent
Flow, in conduit or thru 07108/07 Continuous
mgd Frequency Violation None
treatment plant
07 -2007 001 Effluent Flow, in conduit or thru 07./09/07 Continuous mgd Frequency Violation None
treatment plant
07 -2007 001 Effluent Flow, in conduit or thru 07/10/07 Continuous mgd Frequency Violation None
treatment plant
07-2007 001 Effluent Flow, in conduit o thru 07/11 /07 Continuous mgd Frequency Violation None
treatment plant
07 -2007 001 Effluent Flow, in conduit or thru 07/12/07 Continuous rngd Frequency Violation None
treatment plant

MONITORING REPO RTII411R3I VIOLATIONS for:
Permit, NIRs « =tween 7 t° end ; 7 Region. %
Facility Name: % Potern Nair; County.
Major Minor:
Report Date 01/16/08 Pape 2 or 3
tion Category„ Monitoling on Program Category:
Subbasin: %
Violation Action: %
PERMIT: NC0086886
FACILITY:: First Union Commons First Union Commons
COUNTY: Mecklenburg REGION: Mooresville
Monitoring Violation
MONITORING OUTFALL r
VIOLATION UNIT OF CALCULATED
REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LWIT VALUE VIOLATION TYPE VIOLATION ACTION
07 -2007 001 Effluent Flow, in conduit or thru 07/14/07 Continuous mgd Frequency Violation None
treatment plant
07 -2007' 001 Effluent Flow, in conduit or thru 07/15/07 Continuous mgd Frequency Violation None
treatment plant
07 -2007 001 Effluent Flow, in conduit or thru 07/16/07 Continuous mgd Frequency Violation None
treatment plant
07 -2007 001 Effluent Flow, in conduit' or thru 07'/18/07 Continuous mgd Frequency Violation None
treatment plant
07 -2007 001 Effluent Flow, in conduit or thru 07119/07 Continuous mgd Frequency Violation None
treatment plant
07 -2007 001 Effluent Flow, in conduit or thru 07/20/07 Coht&ouous mgd Frequency Violation None
treatment plant
07 -2007 001 Effluent Flow„ in conduit or thru 07/21/07 Continuous mgd Frequency Violation None
treatment plant
07 -2007 001 Effluent Flow, in conduit or thru 07/22/07 Continuous treatment plant r igd Frequency Violation None
07 -2007 001 Effluent Flow, in conduit or thru 07/23/07 Continuous mgd Frequency Violation None
treatment plant
07 _2007 001 Effluent Flow, in Conduit orthru 07/25/07 Continuous mgd Frequency Violation None
treatment plant
07 -2007 001 Effluent Flow, in conduit or thru 07/26/07 Continuous mgd Frequency Violation None
treatment plant
07 -2007 001 Effluent Flow, in conduit or thru 07/27/07 Continuous mgd Frequency Violation None
treatment plant
07 -2007 001 Effluent Flow, in conduit or thru 07/28/07 Continuous mgd Frequency Violatiorl~
treatment plant
None
07-200.7 001 Effluent Flow, in conduit or thru 07/29/07 Continuous mgd Frequency Violation N
treatment plant

MONITORING REPORT(MR) VIOLATIONS for:
Permit, NCO .: Ps R+stween.
thaetttty Name: Param Name: %
Major Minor:
7-2007
Report Date: 01/16/08 Page: 3 of 3
or : ttwit1 \ eration Program Cat
in. a Violation Acti tt, %
PERMIT: NC0086886 FACILITY: First Union Commons - First Union Commons
COUNTY: Mecklenburg
REGION: Mooresville
Monitoring Violation
MONITORING OUTFALL /
VIOLATION UNIT OF
REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE
07 _2007 001 " Effluent Flow in conduit or thru 07/30/07 Continuous mgd
treatment plant
07 -2007 001 Effluent Flow, in conduit or thru 07/31/07 Continuous mgd
treatment plant
07 --2007 001 Effluent Iron, Total (as Fe) 07/31/07 Monthly ug/I
0'7 _2007 001 Effluent Manganese, Total (as Mn) 07/31/07 Monthly ug/t
07-2007 001 Effluent Methyl Tert-Butyl Ether 07/31/07 Monthly ug/I
07 -2007 001 Effluent Oil & Grease 07/31/07 Monthly mg/I
07 -2007 001 Effluent Solids, Total Suspended 07/31/07 Monthly mg/I
07 -2007 001 Effluent Tetrachloroethene 07/31/07 Monthly ug/I
07 -2007 001 Effluent Trichloroethene 07/31/07 Monthly ug/I
07 -2007 001 Effluent Zinc, Total (as Zn) 07/31/07 Monthly ugfl
LIMIT
CALCULATED
VALUE
VIOLATION TYPE VIOLATION ACTION
Frequency Violation None
Frequency Violation None
Frequency Violation None
Frequency Violation None
Frequency Violation None
Frequency Violation None
Frequency Violation None
Frequency Violation None q.,
Frequency Violation None
Frequency Violation None

/MACTEC
---- engineering and constructing a better tomorrow
March 10, 2008
Ms, Marcia Allocco
North Carolina Department of -Environment and ',Natural Resources
Division of Water Quality
610 East Center Avenue, Suite 301
Mooresville, North Carolina 28115
Re: Compliance Evaluation Inspection
The. Green at Waebovia Commons
Childress Klein Properties
Charlotte, Mecklenburg County
NPDES Permit NC0086886
MACTEC Project: 6228-03-0978
Dear Ms. . cco:
MACTEC Engineering and Consulting, Inc. (MACTEC) on behalf of Wac.hovia Commons and
Childress Klein Properties manages -NPDES permit compliance and performs monthly water
sampling activities at the dewatering and groundwater treatmentsystem that operates beneath the
referenced facility located in Charlotte. Childress Klein received a Notice of Deficiency from the
NC.DENR. dated 'January 1.7, 2008. with regard to flow measurement.
According to Part II, Section D of NPDES Permit NC0086886, it states in part that, "flow
measurement devices shall be accurately calibrated at a minimum of once per year." The flow
meter for this facility was not calibrated in. 2007. MAC IEC coordinated with Liquid Handling
Equipment, Inc of Charlotte to calibrate the flow meter for this facility in early February 2008.
MACTEC received the calibrated flow meter on March 4, 2008 and installed it on March 7, 2008,
Verification of calibration and a copy of our field notes are attached to this letter.
MACTEC Engineering and Consulting, Inc,
2801 Yorktrtant Rood, 11;tde 100 • Charlotte, Ni 28208 • 15hone: 704.357.8600 • 704.357.863'c') vrww.mactec.com

4CTEC ! lect: 6228 (l:
Plc sc cons ct l ^tr`aC "l C at 7ii4) ;7 8600 it a nccd additional, ior .tion regarding this
attu
inccrcly
MA(1 E( ENGINEERING CONSUL G, INC.
A. Reed, I'. .
Project Engineer
Cc
Christopher P.G.
cipal
Rusty Rozzelle, MCWQP
t
James Patterson, Childress Klein. Properties
Matt Gustis, ORC

denture
150 Venture Boulevard Spartanburg, SC 29306
MEASUREMENT Phone: [phone] Fax [phone]
CERTIFICATE OF CONFORMANCE
We hereby certify that the material and parts covered by tiffs packing list have
been inspected and tested and are in accordance with all requirements of the
purchase order and applicable specifications. Records of inspection and test
data are maintained in our quality control files.
Production test and calibration equipment are checked annually and semi-
annually with provers that are calibrated annually, and their calibration is
traceable to the NIST and is in accordance with ANSIINCSL Z 540-1.
Venture Order 714772
Customer Order Number 0 976
Part #
60480P007REF
Serial #
0800650
DESCRIPTION
MODEL. 123 2-IN "122F QN15 RECN
Certification Date:
Authorized Representativ
L_AAL_IANT

Michael F. Easley, Gove
William Ross Jr., Sec
North Carolina Department of Environment and Natural Resource
January 17, 2008
Mr. James Patterson
301 South College Street
Charlotte, North Carolina 28202
SUBJECT: Notice of Deficiency
Compliance Evaluation Inspection
The Green at Wachovia GWRS
NPDES Permit No. NC0086886
Mecklenburg County, North Carolina
Dear Mr. Patterson:
Coleen H. Sullins, Director
Division of Water Quality
Enclosed is a copy of the Compliance Evaluation Inspection report for the inspection
conducted at the subject facility on January 7, 2008, by Ms. Erin Hall of the Mecklenburg County
Water Quality Program (MCWQP). This inspection was conducted as part of a cooperative working
agreement between Mecklenburg County and the Division of Water Quality (DWQ).
This report is being issued as a Notice of Deficiency (NOD) due to the deficiency with regard
to the subject permit as detailed under the Flow Measurement section of the enclosed report.
It is requested that a written response be submitted to this Office by no later than February
15, 2008, addressing the deficiency noted in the report. In responding, please address your comments
to the attention of Ms. Marcia Allocco at the letterhead address. Additionally, please send a copy of
this response to Mr. Rusty Rozzelle of MCWQP at 700 N. Tryon Street, Suite 205, Charlotte, NC
28202.
The enclosed report should be self-explanatory; however should you have any questions
concerning this report or any other matters please do not hesitate to call Ms. Allocco or me at
704/663-1699.
Sincerely,
for Robert B. Krebs
Regional Supervisor
Surface Water Protection
Enclosure
cc: Mr. Rusty Rozzelle, MCWQP
At'vAlk
NICDEWR
Mooresville Regional Office Division of Water Quality
Internet: www,newaterqualitv,m1 610 East Center Ave, Suite 301. Mooresville, NC 28115
One
NotthCarolina
Aaturally
Phone [phone] Customer Service
Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

United States Environmental Protection Agency, Washington, DC 20460 Vor, Forrn Appr
i11
NPDES Compliance Inspection Report
IP OMB No, 2040-000
North Carolina Department of Environment and Natural Resources Approval Expires
Division of Water Quality, Mooresville Regional Office NCDENR
.... 7/31/85
Section National Data SystemCod
g
Transaction Code NPDES Permit No, YR/MO/DAY Inspection Type Inspector Facility Type
N 5 NC0086886 08/01/07
Inspection Work Days
1.0
Remarks:
Inspector: Mecklenburg County a Quality a
Facility Self -Monitoring Evaluation Rating BI QA
3
N N
Section: Facility Data
Name and Location of Facility n pected:
The Green at Wachovia GWRS
401 S. Tryon Street
Charlotte, NC 28202
Entry Time:
2:00 p.m.
Exit Time:
:30 p,m,
Date:
January 7, 2008
Name(s) of On -Site Representatives -------Title(s)--------Phone No(s):
Kerry Reed / Project Engineer, MACTEC / Phone: [phone]
Permit Effective Date:
November 1, 2006
Permit Expiration Bate:
June 30, 2010
Name and Address of Responsible 0
Mr, James Patterson
301 S. College Street, Suite 2800
Charlotte, NC 28202
Title:
Senior Property Manager
Phone No.
[phone]
Contacted?
No
Section C:
Areas v uated During Inspeetion
PermitFlow Measurement Operations & Maintenance D Sewer Overflow
Records/Reports E Self -Monitoring Program E Sludge Handling/Disposal El Pollution Prevention
Facility Site Review 0 Compliance Schedules El Pretreatment Program El Multimedia
Effluent/Receiving Waters Laboratory 0 Stormwater El Other:
Section D: Summary of Findings/Commen
AH areas are d satisfactory n s otherwise indicated. See Attached S s for Summary
Signature(s) of pector(s):
Erin R. Hall
a Allocco
Agency/Office/Telephone:
MCWQP/[phone]
te
January 11, 2008
Agency/Office:
CDENR — Division of Water Quality
Surface Water Protection — Mooresville Regional
EPA Form 3560-3 (Revised Previous Editions are Obsolete

GENERAL:
David Rimer of the Mecklenburg County Water Quality P... C rQP) last
inspected the facility on October 29, 2004.
PERMIT:
The current NPDES pennit became effective on November 1, 2006, and expires on June
30, 2010. The permit properly describes the facility and appears adequate for the waste stream
being treated. MACTEC of Charlotte, NC operates the facility.
The facility treats groundwater through a dewatering treatment system that consists of a
surge tank, transfer pumps, bag filter system, two 1,000-pound granular activated carbon vessels.
in series, flow totaling meter, and a control panel.
The certification classification for NC0086886 requires that the facility have an operator
in responsible charge (ORC) with a Grade 1 Physical Chemical Water Pollution Control System
(PC-1) certification. The facility is staffed (ORC and back-up) with personnel. that possess the
appropriate operator certification.
RECORDS/REPORTS:
Discharge Monitoring Reports (DMRs) were reviewed for the period August 2006
through July 2007. These reports appeared to be properly completed.
FACILITY SITE REVIEW:
All of the major components of the facility were in service and operating at the time of
inspection..
FLOW MEASUREMENT:
Flow measurement is accomplished using a mechanical totalizer flow meter. According
to Part II, Section D of NPDES permit NC0086886, it states in part that, "flow measurement
devices shall be accurately calibrated at a :minimum of once per year". The flow meter .for this
.facility was not calibrated for 2007, To be in compliance with permit terms, the flow meter
must be calibrated as soon as possible,.
LABORATORY:
The perrnittee contracts with Pace Analytical Services, Inc. (NC Laboratory Certification.
#12 ) to perform all chemical. analyses specified in the pennit. Pace Analytical Services, Inc. was
not evaluated under this inspection.

EFFLUENTIREC IVING WATERS:
The facility is pemutied to discharge to the municipal stormwate
Little Sugar Creek, a Class C water in the Catawba River Basin..
SELF -MONITORING PROG
ch 1 iows tt
Discharge Monitoring Reports Rs) were reviewed for the period August 2006
through July 2007. 'The DMRs indicate that the facility,. c =°as in compliance with permit
monitoring requirements and discharge limits during the review period, except for the f llovvi
The pernuttee failed to monitor the wastewater effluent from Outfall 001 for total
suspended solids, oil and grease, benzene, chloroform, 1.2-dichloroethane, methyl terl
butyl ether, tetrachloroethene, trichloroethene, zinc,, iron, and manganese in July
2007. These violations were addressed under separate cover by= the Division of Water
Quality through the issuance of a, Notice ofViolation/Civil Penalty Assessrnnt (Case
Number MV-200- 0 1
OP " TIONS & MAINTENANCE:
The facil tyfl and site appeared cell operated and nxaintaincd.

MACTEC
engineering and constructing a better tomorro
February 25, 2008
Ms, Marcia Allocco
North Carolina 'Department of Environment and Natural Resources
Division of Water Quality
61.0 Fast Center Avenue, Suite 301
Mooresville, North Carolina 28115
Re: Compliance Evaluation Inspection
The Green at Wachovia Commons
Childress Klein Properties
Charlotte, Mecklenburg County
NPDES Permit NC0086886
MACTEC Project: 6228-03-09.78
Dear Ms Allocco:
rrr 4,
t
NC DENR MR0
DWQ- urface Water Protection
.MACTEC Engineering and Consulting, Inc, (MACTEC) on behalf of Wachovia Commons and
Childress Klein Properties manages NPDES permit compliance and performs monthly water
sampling activities at the dewatering arid groundwater treatment system that operates beneath the
referenced facility located in Charlotte. Childress Klein received a Notice of Deficiency from the
NCDENR dated January 17, 2008 with regard to flow measurement.
According to Part 11, Section D of NPDES .Permit N ...0086886, it states in part that, "flow
measurement devices shall be accurately calibrated at a minimum of once per year," The flow
meter for this facility was not calibrated in 2007. MACTEC coordinated with Liquid Handling
Equipment, Inc of Charlotte to calibrate the flow meter for this fa.cilit, On February 4, 2008,
MACTEC delivered a flow meter to the vendor for calibration with the understanding that the
calibration would be complete within eight to ten days. MACTEC's intent was to replace the
current :flow meter at the :facility with the recently calibrated flow meter in order to maintain flow
-measurements at the facility, MACTEC was informed. by the vendor that, because of a backlog in.
their operations, they have not been able to perform the calibration as of the date of this letter,
MACTEC Engineering and Consulting, Inc.
280 1 Yoror on Road, SUi I 00 * Chorl orie. NC 28208 • Phone. 70,1,357, 8600 704 . 3.57. 863 8 www„rnactec,com

The Green at Batch C t rttr atnra
M4CT C Framer 978
,F`ebru tr
2008
M.AC"T C is making every c ort to rectify this situation and ensure t}gat a calibrated as meter i
installed at the facility as soon as possible. Our anatent is to prevent this type of deicieney from
occurring again by maintaining two flow meters for the system MACTEC requests that the
NCDENR avoid assessing a civil fine or penalty a,gainst our client fnr' the unforeseen delays itin
our vendor, Please contact MAOTE ' at (704) 357- 600 if you need additional inf rnaaticnn
rgarding this matter,
Sincerely;
ACTS ; NGJNEERIN ASTD CONSULTING, Ia .
Kerry A. Reed, F.E.
Project Engineer
Cc:
Christopher 1... orbitt,
Principal
Rusty Rozzelle, MCWQP
James Patterson, Childress Kl in Properties
latt Gustis, O C:.

CERTIFIED M.A1L: 7002 3150 0003 7052 3613
RETURN RECEIPT REQUESTED
NIL JarneS1 Patterson
Childress Klein Properties
301 South College Street
Suite 2810
Charlotte, North Carolina 28202
St.„JBJECT:
Dear Mr, Patterson:
ugust 24, 2007
NOTICE OF V101J-1.TION
Whole Effluent 'Ioxicity (WE'D Testing
NPDES Permit No. -NC0086886/001
The Green at Wachovia
Mecklenburg County
Michael F. Easley, Governor
U. Ross jr,, Secretary
North CilT4Aria Department ofi Environment a.nd ti6ittiral Resources
Coleen H. Sullins, Director
Division of Viratch Quality
This is to inform you that a review of your toxicity self -monitoring report form for the month of June 2007
indicates a violation of the toxicity limitation specified in your NPDES Permit.
You should take whatever remedial actions are necessaryto eliminate the conditions causing the effluent toxicity
violation(s). Your efforts may include. conducting a Toxicity Reduction Evaluation (TRE), a site -specific study designed
to identify the causative agents of effluent toxicity, isolate the sources of toxicity, evaluate the effectiveness of toxicity
control options, and confirm reductions in effluent toxicity, Please be aware that North Carolina General Statutes provide
for assessment of civil penalties for violations of NPDES permit limitations and requirements.
The reverse side of this Notice contains important 'information concerning your Whole Effluent Toxicity
IVIonitoring and Reporting R.equirements, Plea ve note appropriate mailing addresses /or submitting your Discharge
,ilonitoring Reports 0/V110 anal AquaticToxicity (AT) 'Test Form,, We encourage you to review this information; if it
would be helpful .to discuss; this situation or possible solutions to resolve effluent toxicity noncompliance, please contact
me or Mr. John Gioraino with this office at [phone].
Cindy A. Moore
Supervisor, Aquatic Toxicology Unit
cc: Rob Krebs- Mooresville Regional Office
John Lesley- Mooresville Regional Office
Aquatic Toxicology Unit
Central Files
North Arolina
Nallinilly
North Carolina Division of Water Qu'ality 1621 Mail Service Center . Raleigh, NC 27699-1621
Internet. www.esifenr.state..ne.us 4401 Reeds Creels Rd. Raleigh, NC 27607
Phone [phone] Castomer Service
FAX [phone].23-6748
An Equal OpporturalyrAffirmatiye Action Employer -.50% Recycled/10'lo Post Consumer Paper

WHOLE. EFFLUENT TOXICITY lONITORING AND REPORT NG INFORMATION
The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and
reporting information, Please take u mc to review this information, The iteins ek do not address or de a fl the toucit testin
and re IL 'ren e ts contained in vour NPDES terrn t, f you should hahave any questions about your toxicity testing
requirement, please contact Mr,John Giorgio() with the Aquatic x'-ology Unit at [phone] or another Unit representative al he
same number,
permittcc is responsible for ensuring that toxiciv testing is conducted Lincoln' g the. permit requirement and that IOXielly report
farms are appropriately filed,
The reporting of whole effluent toxicity testing data is Li dual requirement, All toxicity test results must be entered (with the appropriate
parameter code) on your monthly Discharge Monitoring Report which is submitted to:
North Cat -ohm -ion or kliater Quality
Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617
IN ADDITION
Toxicity Lest data (original -AT" firm)inut nosubn
North CLirolina Division of Water Quality
Environmental Sciences Section
621 Mail Service Center
Raleigh, North Carolina 27699-1621
)). address:
"0- Toxicity test results shall he tiled with Environmental Sciences Section no later than 30 days after the end of the reporting
period, (eg, January test result is due by thc end of February),
Toxicity test condition language contained 10 r iur NPDES permit May require 'use of multiple concentration toxic testing upon failure
of any single quarterly toxicity test, lithe initial pass/fail test fails or if the chronic value 5 lower than the perrnit limit, then at least two
multiple concentration toxicity tests (one per month) wall be conducted over the following two months, As many analyses as can be
completed will be accepted, If your NPDES permit does notrequire use of multiple concentration toxicity testing upon failure any
single quarterly Lest, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per
the Division's WET enforcement initiatives effective July I, 1999. Follow-up multiple concentration toxicity testing will influence the
Division's enforcement response.
Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity inonitoring
requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, Men toxicity testing
must he conducted during these months).
If your NPDES Permit specifies episodic monitoring Lind your facility does not love a discharge from January I -June 30, then you must
provide written notification to the Environmental Sciences Section br June 30 that a discharge did not occur during the first six months
of the calendar year,
If you receive notification from your contract. laboratory that a test was invalidated, you should immediately notify the Environmental
Sciences Section at [phone] and provide written documentation indicating why the WS! Was invalidated and the: date when
follow-up testing will occur,
r your facility is required to conduct toxicity testing during 1 month in which no discharge oneurs„ you should complete the information
blrick located at the top of the AT form indicating the facility name, permit number, pipe number, county and the monthlyear of the.
subject report, You should also write "No Flowon the AT form, .sign the form and submit follmving normal procedures,
The Aquatic Toxieits Test forms shall he signed by the facility's Operator in Responsible Charge tORC) except for facilities which has.'
not received a facility classification. In these eases, a duly authorized facility representative must sign the Al Corm. -Ihe AT form must
also be signed by the performing lab supervisor.
To determine if your AT test fort1113 were reCeived on time by the Division of Water Qut in LiU may consider subrnitti FILt your toxicity
test results certified mail, return receipt requested to the Environmental Sciences Section.

engineering and constructing a better tomorrow
August 29, 2007
Mr. Charles Weaver, Jr.
North Carolina Department of
Environment and Natural Resources
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699
RE: Wachovia Commons
Childress Klein Properties
Charlotte, Mecklenburg County
NPDES Permit NC0086886
Dear Mr. Weaver:
MACTEC Engineering and Consulting, Inc. (MACTEC) on -behalf of Wachovia
Commons and Childress Klein Properties performs monthly water sampling activities at
the d.ewatering and groundwater treatment system that operates beneath the referenced
facility located in Charlotte. The system is ordinarily sampled each month for oil and
grease, volatile organic compounds by EPA Method 601/602, total suspended solids,
iron, manganese, and zinc.
This notification letter is to inform the NCDENR Division of Water Quality that the
scheduled sampling did not occur during the month of july, 2007. The missed sampling
event apparently oecun-ed because the MACTEC personnel most closely associated with
the project were out of town during much of July.
Our intention is to prevent this type of incident from occurring again, and we will
continue to schedule all sampling events no later than the 22nd of the rnonth. Early in the
month, upon coordination with the laboratory, a sampling date will be selected, and
conveyed by written notice to the sampling technician. The technician will respond to
the MACTEC project manager to confirrnthat he can meet the schedule. If the
technician cannot perform the sampling when required, the MACTEC project manager
(or other qualified person) will perform the sampling. The MACTEC project manager
has used a desktop electronic calendar as a reminder to the technician to make sure the
sampling has been completed., or is in progress by the 25`" of each month, and the project
manager also vill ascertain the status of the sampling activities. The Operator in
Responsible Charge (ORC), Mr. Matthew M. Gustis, will be copied with regards to
written interoffice correspondence (likely by electronic mail).
MACTEC Engineering and Consulting, Inc.
2801 Yor'Kmonr Rood,, Suite 100 • Charlotte, NC 28208 • Phone: [phone] • 704.357,8638

MACTEC is hereby requesting that NCDENR avoid assessing a civil fine or penalty
against our client for the oversight, Most recent smnpling was performed on August 14,
and chronic toxicity testing was completed the same week. Please contact 1A,CT_(' at
704-357-8600 if you need additional information or an explanation regarding this matter.
itrrly,
MACI C Engineering and Consulting, Inc.
V
Ill my T , Jordan, P.G.
Project Manager
Mike Parker, Mooresville Regional Office
Matthew (3ustis, OR , Wachoyia Commons
Tares Patterson, Childress Klein Properties,

engineering and. constructing a better tomorrow
February 28, 2007
Mr. Charles Weaver, Jr.
North Carolina Department of
Environment and Natural Resources
Division of Water Quality
1617 Mai1 Service Center
Raleigh, North Carolina 27699
RE: Wachovia Commons
Childress Klein. Properties
Charlotte, Mecklenburg County
NPDFS Permit NC0086886
Dear Mr, Weaver:
V,( kylkkkk k
'kki kkkkk I kkik k
MACTEC Engineering and Consulting, Inc. (MACTEC) on behalf of Wachovia
Commons and Childress, Klein Properties performs monthly water sampling activities at
the dewatering and groundwater treatment system that operates beneath the referenced
facility located in Charlotte. The system is ordinarily sampled each month for oil and.
grease, volatile organic compounds by EPA Method 601/602, total suspended solids,
iron, manganese, and zinc.
This notification letter is to inform the North Carolina Department of Environment and
Natural Resources (NCDENR) Division of Water Quality that total suspended solids was
not sampled during the month of January 2007.
As discussed in a telephone conversation between MACTEC and the NC.DENR on
February 26 2007, the missed sampling event apparently occurred because the laboratory
did not include a sampling container for TSS. The oversight unfortunately went
unnoticed by both our sampling technician and the laboratory.
Our intention is to prevent this type of incident from occurring again. To ensure that
future samples will be analyzed for required NPDES permitting parameters, sampling
personnel have been reminded to check the sampling kit before leaving the 'M.ACTEC
office, and notify the laboratory if any deficiencies are noted. in addition, the list of
analytical parameters for this site has been reviewed by myself, and the MACTEC
technician who typically performs the sampling.
Most recent sampling was performed on February 22" 2007. Please contact ..ACTEC at
704-357-8600 if you need additional information or further explanation regarding this
.matter.
MACTEC Engineering and Consulting, Inc.
2 BO 1 ‘1/0 fkmo Rocyj, SuHe 100 • Charlotte, NC 28208 • Phone. [phone] • 704535753638 www..macteccom

Sincerely,
MACTEC Enginecn
g and Consultin
Jimmy 1 . Jordan , P.G.
Project Manager
nc,
Christopher ". Corbitt P,G.
Principal
c.c. Mike Parker ooresvill Regional Office
stis, OR `, W eho i , Commons
les Patterson, Childress Klein Properties,

December * , 2005
Mr. James L. Patterson, Senior Property Manager
First Union Commons
2810 One First Union Center
Charlotte. NC 28201
SL I3JECT: Compliance Evaluation Inspection
First Union Commons
401 S. Tryon Street
NPDES Permit No. NC0086886
Mecklenburg County, NC
Dear Mr. Patterson:
On November 22, 2005, Mr. David Rimer of the Mecklenburg County Water Quality
Program (MCWQP) conducted an inspection at the subject facility. This inspection was
conducted as part off cooperative working agreement. between Mecklenburg County and the
Division of Water Quality. The enclosed report should be self-explanatory..
If you have any questions concerning this report or any other matters, please do not
.e to call Mr. Richard Bridgman or me at this Office.
Sincerely,
D. Rex Gleason, P. E.
Surface Water Protection Regional Supervisor
Enclosure
ec: Rusty Rozzelle, MCWQP
DJR

United States Environmental Protection Agency, Washington , DC 20460
NPDES Compliance inspection Report Aitt7
North Carolina Department of Environment and Natural Resources
Division of Water Quality, Mooresville Regional Office NCDENR
Form Approved
OMB No. 2040-0003
Approval Expires
7/31/85
SeeljpqA;N#tietnataSstem Codin
Transaction Code NPDES Permit No. YR/MO/DAY
N
5 NC0086886 05/11/22
-pection Type Inspector Facility Type
C C 2
Remarks:
nspector: Mecklenburg County Water Quality Pro
Inspection Work Days Facility Self onitoring Evaluation Rating
1.0
3
Section B: Facility Data
Name and Location of Facility Inspected:
The Green at Wachovia
formerly First Union Commons GWRS
401 S. Tryon Street
Charlotte, NC 28202
Name(s) of On -Site Representatives ------Title(s) ----- ---Phone No(s):
Mr, Jimmy Jordan, MACTEC Project Geologist [phone]
QA
N
CS
Entry Time:
01:30 pm
Exit Time:
01:55 pm
Date:
November 22, 2005
Name and Address of Responsible0 ial:
Mr. James L. Patterson
Childress Klein Properties
301 South College St. STE 2800
Charlotte, NC 28202
Permit Fff
April I, 2001
Permit Expira
June 30, 2005
on Date:
Title:
Senior Property Manger
Phone No.
[phone]
Contacted?
No
Permit
Records/Reports
Facility Site Review
Effluent/Receiving Waters
Section C:
Areas Evaluated During Inspec
Flow Measuremen
Self -Monitoring Program
Operations & Mairitenance
Sludge Handling/Disposal
El Compliance Schedules El Pretreatment Program
aboratory
Section D:
LJ Stormwater
Li Sewer Overflow
I] Pollution Prevention
El Multimedia
LJ Other:
ry of Findings/Comments
All areas are rated satisfactory unless otherwise indicated. See Attached Sheet(s) for Summary
Signature(s) of lnspector(s):
David J. Rimer
Agency/Office/Telephone:
WQP/[phone]
Date:
December 19, 2005
Signature of Reviewer:
Agency/Office
ate:
EPA Forrn 3560-3 (Revised 3-8 Previous Editions are Obsolete

GENERA
The facility was last inspected on October 29, 2004 by Mr. David Rimer of the
Mecklenburg County Water Quality Program (MCWQP). A Compliance Evaluation Inspection
report was issued on November 15, 2004.
PERMIT:
The current permit expired on June 30, 2005 but remains in effect until a new NPDES
permit is issued by the Division. The NPDES permit renewal application was mailed on
February 22, 2005 by the Permittee. The current NPDES permit properly describes the facility
and appears adequate for the waste stream being treated.
The facility treats groundwater through a dewatering treatment system that consists of a
surge tank, transfer pumps, bag filter system, two-1.000 pound granular activated carbon vessels
in series, flow meter, control panel, and associated piping and appurtenances.
MACTEC of Charlotte, NC operates the facility. Mr. Jimmy Jordan is the Operator in
Responsible Charge (ORC) for the facility. Mr. Jordan does not hold any NC Wastewater
Certification, which is acceptable because the facility is unclassified.
RECORDS/REPORTS:
Discharge monitoring reports (DMR's) were reviewed for the period October 2004
through September 2005. The reports appeared to be properly completed.
FACILITY SITE REVIEW:
The facility is permitted to discharge to the m.un ..c.ipal storm water sewer which tinws to
Little Sugar Creek, a Class C water in the Catawba. River Basin.
All of the major components of the facility were in service and operating at the time of
inspection.
FLOW MEASURMENT:
Flow measurement is accomplished using a mechanical totalizer flow meter. According
to the ORC, the flow meter has never been calibrated. The pennittee is reminded that the flow
meter should be calibrated annually.

LABORATORY:
Pace Analytical performs a aiysis of effluent samples and is certified by the State of
North Carolina tperform analysts on all paranpeters specified in the pertn.it. Pace Analytical
was not evaluated during this inspection.
EFFLUENT/RECEIVING WATERS:
The facility. discharges to the t
to Ie Sugar Creek.
pat st
sewer system, which con eys the effluent
The discharge was clear at the tithe of inspection,
E F-MONITORING PROGRAM:
Discharge onitorin . Reports DMRsl were reviewed for the period October 2004
through September 2005. The reports indicate that the facility was in compliance with permit
effluent limits and monitoring requirements during this period except for the quarterly Chronic
Toxicity
OPE T1ONS AND M. IN E IAN E...
The facility and site appear to be adequately maintained. "Ile current overall operating
ategy of the site operator appears acceptable for the size and type ofthe facility..

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
Date: December 21, 2005
Matthew Gustis
Law Engineering & Environmental Services
2810 One First Union Ctr
Charlotte, NC 28202-6021
Subject: Notice of Incomplete Discharge Monitoring Report NC0086886
Dear Perrnittee:
The purpose of this letter is to call your attention to problems with the recent submittal of the Discharge
Monitoring Report (DMR) from your facility. As you may know, the data recorded on your DMR is keyed
into the Division's database. Our data entry staff has informed me of problems with your recent DMR
submittal. Until these problems have been corrected, your DMR will be considered incomplete. Please
see the attached form along with a copy of the problem DMR for details regarding the DMR's deficiency.
Incomplete or illegible DMRs affect our staff's ability to provide a timely and effective evaluation of DMR
submittals. Please be aware that until the Division receives a corrected DMR, you may be considered
noncompliant with your NPDES permit and 15A NCAC 02B .0506, and you may be subject to further
enforcement action. Please take the necessary steps to correct the problems and submit two copies of the
amended DMR within fifteen (15) days of the date of this letter to the following address:
Attention: Michele Phillips
Division of Water Quality
Central Files.
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Future DMR submittals with the same or similar problems will be unacceptable. If you have any questions
about the proper completion of DMRs, please contact Michele Phillips at 919-733-5083 Ext. 534. Thank
you for your assistance in this matter.
TiCER
FFICE
Sincerely,
Michele Phillips
cc: Mooresville Regional O:ffice
Central Files
"TNN
°onpe
NliCarolina
,Alaturally
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699,-1617 Phone [phone] Customer Service
Fax [phone] i-$77-623-6748
Internet httpt/Th2o.enr,state,nc.us
5 l2 N, Salisbury Si Raleigh, NC 27604
An Equal Opportunity/Affirrnati Action Employ

Permit Number:
Facility:
County:
DMRMonth :and Year:
t� �fco'pl t Discharge Monitoring Report
The Division of Water Quality deems the aforementioned DMR as incomplete due to the
following reasons) (Please see the highlighted areas on the attached DMR for
details.)
The mitten values are illegible;
The Average,
urn an rl/t r the Mini num data points have been omitted.
The Units of have been omfitted or ae incorrect.
The DMR Parameter Codes have been o `tted.
Other

August I I, 2005
CERTIFIED MAIL 7c>e,P, -9ere-5t./76
RETURN RECEIPT REQUESTED
Mr, James L. Patterson
First Union Commons
2810 One First Union Center
301 S. College Road
Charlotte, North Carolina 28202
SUBJECT:
Dear Mr. Patterson:
NOTICE OF VIOLATION
Effluent Toxicity Testing
NPDES Permit No, NC0086886
First Union Commons Treatrnent Facility
Mecklenburg County
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
trittv .
AND NATURAL RESOURCES
ESW1.!::4 Reg
A
AUG1 200:i
N
This is to inform you that a review of your toxicity self -monitoring report foini for the month of June 2005
indicates a violation of the toxicity mitationspecified in your NPDES Peink
You should take whatever remedial actions are necessary to eliminate the conditions causing the effluent toxicity'
violation(s). Your efforts may include conducting a Toxicity Reduction Evaluation (FRE), a site -specific study designed
to identify the causative agents of effluent toxicity, isolate the sources of toxicity, evaluate the effectiveness of toxicity
control options, and confirm reductions in effluent toxicity. Please be aware that North Carolina General Statutes provide
for assessment of civil penalties for violations of NPDES permit limitations and requirements.
The reverse side of this Notice contains important information concerning your Whole Effluent Toxicity
Monitoring and Reporting Requirements. Please note appropriate mailing addresses for submitting your Discharge
Monitoring Reports (DMRs) and Aquatic Toxicity (AT) Test Forms. We encourage you to review this information; if it
would be helpful to discuss this situation or possible solutions to resolve effluent toxicity noncompliance, please contact
me or Mr. Kevin Bowden with this office at [phone].
Sincerely,
Matt Matthews
Aquatic Toxicology Unit Supervisor
cc: Rex Gleason -Mooresville Regional Office
John Lesley -Mooresville Regional Office
Aquatic Toxicology Unit
Central Files . One
North Carolina
,NatiirallY
North Carolina Division of Water Quality 1621 Mail Service Center Raleiali, NC 27699-1621 Phone [phone] Customer Service
Internet: www,esb,enr.state:nc:us 4401 Reedy Creek Rd. Raleigh, NC 27607 FAX [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION
The following items are provided an an effort to assist you with identifying critical and sometimes overlooked toxicity testing and
reporting information, Please take time to review this information, The items below do not address or include all the toxicity
testing and reporting requirements contained in your NPDES permit, If You should have any questions about your toxicity
testing requirement, 'please contact Mr, Kevin Bowden with the Aquatic Toxicology Unit at [phone] or another Unit
representative at the same number,
The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity
report forms are appropriately filed.
The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the
appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to.
Toxicity test
a
North Carolina. Division of Water Quality
Central Files
16I7 Mail Service Center
Raleigh, NC 27699-1617
IN ADDITION
riginal "AT" fomi) must be submitted to the following: address:
North Carolina Division of Water Quality
Environmental Sciences Section.
1621. Mail Service Center
Raleigh, North Carolina 27699-1621
'i- Toxicity test results shall be filed with the Environmental Sciences Section no later than 30 days after the end of the
reporting period (eg, January test result is due by the end of February).
Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testingupon
failure of any single quarterly toxicity test, If the initial pass fail test fails or if the chronic value is lower than the permit limit,
then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many
analyses as can he completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity
testing upon failure of any single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple
concentration toxicity testing per the Division's WET enforcement initiatives effective July I., 1999. Follow-up multiple
concentration 'toxicity testing will influence the Division's enforcement response.
)0 Toxicity testing months are specified by the NPDES Permit, except for NPDES Perinits Which contain episodic toxicity
monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December,
then toxicity testing must be conducted during these months).
If your NPDES Perrnit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30, then you
must provide written notification to the Environmental Sciences Section by June 30 that a discharge did not occur during the first
six months of the calendar year.
"P. If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the
Environmental Sciences Section at (919) 733-21.36 and provide written documentation indicating why the test was invali.dated
and the date when follow-up testing will occur.
), If your facility is required to conduct toxicity testing during a month in Which no discharge occurs, you should complete the
information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and the
month.year of the subject report. You should also write "No Flow" on the AT form, sign the form and submit following normal
procedures.
The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities
which have not received a facility classification. In these cases, a duly authorized facility representative must sign the AT form.
The AT .form must also be signed by the performing lab supervisor,
P To determine if your AT test forms were received on time by the Division of Water Quality, you may consider submitting your
toxicity test.results certified mail return receipt requested to the Environmental. Sciences Section.

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
February 17, 2005
CERTIFIED MAIL
RETURN RECEIPT RD:WES— _I/
Mr, lames L Patterson
First Union Commons
2810 One First Union Center
Charlotte, North Carolina 28202
ecretery
ek, Direthor
Subject; Notice of Violation
Failure to Submit Permit Renewal Application
NPDES Permit NC0086886
First Union Commons site
Mecklenburg County
Dear Mr. Patterson:
The subject permit expires on June 30, 2005. North Carolina Administrative Code (15A NCAC 211.0105(e))
requires that an application for permit renewal be filed at least 180 days prior to expiration of the crin-ent permit. To satisfy
this 'requirement, your renewal package should have been sent to the Division postmarked no later than January 1, 2005.
The Division has not received a renewal request for the subject permit. This is a violation of your permit at Part II,
B. 10., which states "Any permittee that has not requested renewal at least 180 days prior to expiration....will subject the
peimittee to enforcement procedures as provided in NaliS 1.43-21.5.6 and 33 USC 1251 et. seq.".
In order to prevent an assessment of civil penalties you must 'submit a completed permit application (see enclosed
forms) within 10 days of your receipt of this letter.
If all wastewater discharge from your facility has ceased and you wish to rescind this permit, contact Charles Weaver
of my staff; his telephone number, fax number and e-mail address are listed at the bottom of this page.
Use the enclosed checklist to complete your renewal package. The Checklist identifies the items you must submit
with the permit renewal application. If you have any questions, please contact Charles Weaver of my staff.
cc: Central Files
Mooresville Regional Office, Water Quality Section
NPDES File
Eric Donnelly / Law Engineering & Environmental Services
2801 Yorkmont Road, Suite 100, Charlotte, NC 28208
1617 Mail Service Center, Raleigh, North Camiina 27699-1617 919 733-5083, extension 511 (fax) 919 733-0719
VISIT us ON THE INTERNET @ http://h2o,enr.state nc.us/NPDES e-mail: charies.weaver@ncrnaiLnet

NPDES Permit NC0086886
First Union Commons site
The following items are REQUIRED for all renewal packages:
A cover letter requesting renewal of the permit and documenting any changes at the facility since
issuance of the last permit. Submit one signed original and two copies.
The completed application form (copy attached), signed by the perrnittee or an Authorized
Representative. Submit one signed original and two copies.
Li If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares
the renewal package, submit written documentation showing the authority delegated to any such
Authorized Representative (see Part 11.B.11.b of the existing NPDES permit).
IJ A narrative description of the sludge management plan for the facility. Describe how sludge (or
other solids) generated during wastewater treatment are handled and disposed. If your facility has no
such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one
signed original and two copies.
The following items must be submitted by any Municipal or Industrial facilities
discharging process wastewater:
Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of
Federal Regulations, Part 122) and ALL Municipal facilities with a permitted flow > 1.0 MGD must
submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21.
PLEASE NOTE:
Due to a change in fees effective January '1, 1999, there is no renewal fee required with.
your application package.
Send the completed renewal package to:
Charles H. Weaver, Jr.
NC DENR / Water Quality / NPDES Unit
1617 Mail Service Center
Raleigh, NC 27699-1617

Michael F. Lisle), Governor
William G. Ross Jr, Secretary
North Carolina Department of Environment aid Natural Resources
,M.1an P.Er.'Director
Division of waiver Quality
CERTIFIED
RETURN RECEIPT RE t TE[)
Mr, James 1.,. Patterson
ion Commons
e First Union Center
tte, NiC 28202-602 ]
Subject.
Mr. Patterson:
\Vlnt Toxicity Reporting Requ
Effluent Toxicity Testing
NPDES Permit No. NC0086886
First Union Commons Treatment Facility
Mecklenburg County
2.004
Our office has received First Union Commons` 9l'20/04 chronic t.oxi
1 firrm, we noted the wrong effluent percentage was used, Our office has recorded this test as "invalid,, as
submitted.
eport for plant effluent. Upon review of
Mr. John Giorgino has contacted Pace Ana ly°heal Services on November .11 and informed there of the error. Voice
mail was left for Mr. Matt Gustas on November 3 and November 1 I, informing him of the invalid test. We have not recei ved
a response.
The First Union Commons discharge permit, which was effecto.e 4/1/O1, requires a chronic pass/fctil test to be
performed quarterly at an eftluent concentration of 90°7c. The .A`I°-1 form for the 9/20/04 test shows the chronic Pass / Fail
test using an effluent concentration of 10%, We remind you that another test is due in December 2004 to fulfill the facility's
testing requirement.
Please contact John Giorgino or me at (919) 7.5 -'2136 it you have any questions regarding this letter or your toxicity
testing requirement.
Sincerely,
,• 4, w, /
11
Matt Matthews, Supervisor
Aquatic Toxicology Unit
cc: Rex Gleason - Mooresville Regional Ca
John :Lesley - Mooresville Regional 0
Pace Analytical Services
Central Files
Nor thCarol"sea
,Naf:iralf/y
North Carolina Division f water Quality 1621 Mail Service Center Raleigh, NC 276991621 Phone t919 733-996(1 Customer Service
Internet: esb,enr.state.r c.us 4401 Reedy Creek Rd.. Raleigh, NC 276O7 FAX (919y 733-9959 1-877-623-674S
Ar .Equal ©pportuntltylAfirnative Actren. Employer — 50o FtecydedflO°h Post crtsusmet Paper

WHOLiE EFFLUENT TOXICITY 'MONITORING AND REPORTING INFORMATION
l;t. The following items are provided. in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and
reporting information. Please take time to resinsthis information. Theitems lielow do not address or include all the toxicity
testin and reixrtin repuirenierits contained in our NIMES »ermit. If you should have any questions about your lesung requirement, please contact M Kevin 8ssdcn ith the Aquatic 'Toxicology Unit at [phone] or another Unit
:representative at the same number.
l'r;t The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity rep.
forms are appropriately filed.
The reporting of whole effluent toxicity testing data is a. (hot requirement. All toxicity test results must he entered (with the
appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted tot
North Carolina Division of Water Quality
Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617
IN ADDITION
Toxicity test data oruo al"AT- for'tied to the -following address:
North Carolina Division of Water Quality
Environmental Sciences Section
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Toxicity test results shall he filed with the Environmental Sciences Section no later than 30 days after the end Of the reDortrng
period (eg, January test result is due by the end of February).
Toxicity test condition language contained in your NPDES permit may require u.se of multiple concentration toxicity testing upon
failure of any single quarterly toxicity test. If the initial pass/fail. test fails or if the chronic value is lower than the permit limit, then at
least two multiple concentration toxicity tests (one per month) +still be conducted over the followin.g two 'months. As many analyses as
can he completed ‘vill be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure
of any single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration -toxicity
testing per the Division's WET enforcement initiatives effective, July 1, 1999. Follow-up multiple concentration toxicity testing will
influence the Division's ,enforcement response.
Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits. which contain. episodic toxicity monitoring
'requirements teg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity
testing must he conducted during -these months),
Should the pemiittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin
immediately until such time that a single test is passed, Upon passing this monthly test requirement, the permittee will revert to the
quarterly months specified in the permit. .Please note that your permit may or may not contain this language,
11 your NPDES Permit specifies episodic monitoring and your 'facility does not have a discharge from January 1-June .30, then you
must provide written notification to the Environmental Sciences Section 'by June 30 that a discharge did not occur during the first six
,months of the calendar year.
If you receive notification from your contract laboratory that a test iiyas tnvalidated, you should immediately notify the Environmental
Sciences Section at [phone] and provide writte:n documentation indicating why the test was invalidated and the date when
follow-up testing wi1l. occur.
if your facility is required to conduct toxicity testing during a month in vhich no discharge occurs, you should complete the
information Nock located at the top of the AT form indicating the facility name, permit number, pipe number, county and the
month/year of the subject report. You should also write "No Flow" on the AT form, sign the form and submit following normal.
procedures.
l'he Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible, Charge ORC) except for facilities which
have not received a facility classification, In these cases, a .duly authorized facility representative must sign the AT form The AT
form must also be signed by the performing lab supervisor.
To determine if your AT test forms were received on time by the Division of Water Quality, vou may onside
toxicity_test results certified mail return receipt requested to the Environmental Sciences Section,
n- v

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
Mr. Patrick Mumford, Property Manage
First Union National Bank
1420 Two First Union Center
Charlotte, NC 28288-0340
Dear Mr. Mumford:
November 15, 2004
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
SUBJECT: Compliance Evaluation Inspection.
First Union Commons
401 S. Tryon Street
NP'DES Permit No. NC0086886
Mecklenburg County, NC
On October 29, 2004, Mr. David Rimer of the Mecklenburg County Water Quality
Program (MCWQP) conducted an inspection at the subject facility. This inspection was
conducted as part of a cooperative working agreement between Mecklenburg County and the
Division of Water Quality. The enclosed report should be self-explanatory.
If you have any questions concerning this report or any other matters, please do not
hesitate to call Mr. Richard Bridgeman or me at this Office.
Sincerely,
D. Rex Gleason,. P. E.
Surface Water Protection Regional Supervisor
Enclosure
cc: Rusty Rozzelle, MCWQP
DJR
File: WQ Firs1UnionCw'mmmns.0086S86i_ l(X4 dos
Mooresville Regional Office
610 East Center Avenue„ Suite 301, Mooresville, North Carolina 28115
Phone: [phone] / Fax: [phone] / Internet; h2o.enr,state.nc.us
No hCaro ina
aturallbt
An Equal. Opportunity/Affirmative Action Employer — 5t7% Recycled/10% Post Consumer Paper

United States Environmental Protection Agency, Was
NPDES Complia.nce inspection Report
North Carolina Department of Environment and Natural Resources
Division of Water Quality, Mooresville. Regional Office
, DC 20460 V1MForm. Approved
OMB No. 2040-0003
*419.11 Approval .Expires
NCDENR
Section A: National Data System Coding
ransaction Code NPDES Permit No. YR/MO/DAV Inspection Type Inspector
5
NC0086886 04/10/29 C
7i31/85
Facility Type
.Remarks:
Inspector: Mecklenburg County Water Quality Program
Inspection Work Days Facility Self -.Monitoring 'Evaluation Rating P1QA
0.6
Name and Location of Facility
sp ed:
Section B: Facility Data
First Union Commons GWRS
401 S. Tryon Street
Charlotte, NC 28202
Name(s) of Ou-Site Representatives -----Title(s)-------Phone No(
' Mr. Jimmy Jordan, MACTEC Project Geologist (704) 3.5.7-5618
Entry Time:
01;30 pm
Exit Time:
01:55 pm
Date:
October 29, 2004
Marne and Address of Responsible Official:
Mr. Patrick Mumford
First Union Nation Bank.
1420 'fwo First Union Center
Charlotte, NC 28288-0340
E Permit
Records/Reports
Z Facility Site Review
Effluent/Rece .rs
Permit Effective
April 1, 2001
a e:
nit Expiration
June 30, 2005
Title:
Property Manger
Phone No.
[phone]
Section C:
Areas Evaluated During Inspection
o Measurement N1 Operations Sz.
[Z] Se1f-Iouito.i ing Provrarn
Compliance $chediilcs
Sludge Handling/Disposal
Prete,
Laboratory LJ Stormwater
Program
Section D: Summary of Findings/Comments
Sewer Overflow
Pollution Prevention
[1] Multimedia
Other:
reas are rated satisfactory unless otherwise indicated. See Attached Sheet(s) for Summary
nature(s) of Inspector(s):
Signature of Reviewer:
Agency/Office/Telephone:
MCWQPI(704) 336-5.500
Agenev/O fice
EPA Form 3560-3 (Revise( 3-85) Previous Editmons are Obsolete
Date:
October 29, 2004

GENERAL:
:
lec
repo
ICE MIT:
last inspe
"Water Quill
ay 6
an , pril , 2t)0 3 h r Mr. Day ac:1 1 irricr of tilt,'
ror rarrr {SIC4 t '}. Crrarapliarrcc 1 aluation lnspectii )
[h currc nt permit properly describes the Etc
heirtQ treat
Resperrtsihle
`ct
con 01 panel, and associ
y and ryap pe t
g
triton
hag filter syst ttt, t o-1,000 pound granula
piping and appurtenances,
for the
of a
esseis
NC opera t s the facility. Mr. Jimmy Jordan is the Operator in
: r the facility, Mr. Jordan does not hold arty NC Wastewater
vptable because the facility is unclassified.
rtent pen tit hct:rttrtc ffcctivc on April 1, 2001 and exp.] res The
Pcrr tittce is z°erttinded that tlr application for permit rval must he suhrrritted nc lat r than 180
days befor L the NPDES penult cxpnes.
iiaC` f .PORTS„
L i char t rttctnitoring re ran (1)M.1 s) r °ere reviewed fbr the period Septet her 2003
lrrough . zi zrst 2ttt)4. 1 he repcoupletc.cl.
LAC!I
A l l of
insIJection,
d to dischar
C s°atcr itr t1i
cotrtlt
RMEN1
ac rttztricipal sto
ha River Basin.
c
at
and op
sc\\ er w:
0\
s to
f
Flosv mcasurerrtent is zaacortaplishcd Maine a niechaui al tcttah cr flo rrt ter. The fI
er is Ltrlihrated annual

BORATMY:'
Prima 1.ahc. rat nes, Inc. and BIT Environnaent�tl, Inc: perform ar7alysis of ct lucnt
samples. Prism Laboratories, ti c., and TT En irourn nt 1, It.. ar rota hy the State of
North Carolina to perform analysis on all parameters specific(. in the peril Prism Lab n tories,
Inc. and ELT T Environmental, Inc. were not evaluated during this inspection:
EFFLUENT/lR CFJV "4 '..T
to .fi
The facility di+
e Sugar Creek.
The discharge r Xas
ges to t
STD LF MO 1 REN
ar at
mu
cipal
rsThich ct:r tys the etila
on Loring Reports (DMRs) sr ere re viewed for the period Septern cr 200
Au ust 20 t)4. The reports n te that the facility was in compliance with perriait
h its and -monitoring requi itaents during this period.
OPERATIE)NS E ND MAINTEI :E:
The facility and site appear to be adquataintaincd. The current overall operat
rategy of tlac sitc operator a.ppc:arsacceptable for tlac sip e and tyke of the fzaailit ,

Jams L. Patterson
First Union Commons
2810 One First Union Center
Charlotte, NC
Dear Permittee:
4744
NCDENR
18207
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, RE., Director
Division of Water Quality
September 9, 2004
Subject; Renewal Notice
NPDES Permit NC0086886
First Union Commons
Mecklenburg County
Your NPDES perrnit expires on June 30, 2005. Federal (40 CFR 122,41) and North Ca' rolina (15A NCAC 2.H.01.05(e))
regulations require that permit renewal applications must be filed at least 180 days prior to expiration of the current permit. If
you have already mailed your renewal application, you may disregard this notice.
To satisfy this requirement, your renewal package must be sent to the Division postmarked no later than January 1,
2005. Failure to request renewal by this date may result in a civil assessment of at least $500.00. Larger penalties may be assessed
depending upon the delinquency of the request.
If any -wastewater discharge will occur afterJune 30, 2005, the current permit must be renewed, Discharge of wastewater
without a valid permit would violate North Carolina General Statute 143-215,1; unpermitted discharges of wastewater may be
assessed civil penalties of up to $25,000 per day,
If all wastew-ater discharge has ceased at your facility and you wish to rescind this perrnit, contact me at the telephone
number or address listed below. You may also contact the Mooresville Regional Office at [phone] to begin the rescission
process.
Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with
the permit renewal application. If you have any questions, please contact me at the telephone number or e-mail address listed
below,
cc: Central Files
Mooresville Regional Office, Water Quality Section
NPDES File
Sincerely,
Charles H. Weaver, Jr.
NPDES Unit
GedloitN, t
SEP 4 2004
,„ ,
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
VISIT US ON THE INTERNET @ http://h2o:enr state,mus/NPDES
919 733-5083, extension 511 (tax) 919 733-0719
e-mail: charles,weaver@ncmail,net

NPDES Permit NC0086886
First Union Commons
Mecklenburg County
The following items are RE QUIRE D for all renewal packages:
A cover letter requesting renewal of the permit and documenting any changes at the facility since
issuance of the last permit. Submit one signed original and two copies.
1,J The completed application form (copy attached), signed by the pemiittee or an Authorized
Representative. Submit one signed original and two copies.
If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares
the renewal package, written documentation must be provided showing the authority delegated to any
such Authorized Representative (see Part II.1311.b of the existing NPDES permit).
LJ A narrative description of the sludge management plan for the facility. Describe how sludge (or other
solids) generated during wastewater treatment are handled and disposed. If your facility has no such
plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed
original and two copies.
The following items 1aust be submitted by any Municipal or Industiial facilities discharging
process wastewater:
industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of Federal
Regulations, Part 122) arid ALL Municipal facilities with a permitted flow ? 1.0 MGD must submit a
Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21.
The above requirement does NOT apply to privately owned fin:aides treating 10 %
domestic wastewater, or facilities which discharge non -process wastewater cooling
water, filter backwash, etc.)
PLEASE NOTE:
Due to a change in fees effective January 1, 1999, there is no renewal fee required with your
application package.
Send the completed renewal package to:
Mr. Charles H. Weaver, jr.
NC DENR / Water Quality / NPDES Unit
1617 Mail Service Center
Raleigh, NC 27699-1617

State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
919 North Main Street Mooresville, North Carolina 2811.5
CERTIFIED MAIL
RETURN RECEIPT REOL STED
Mr. James L. Patterson
First Union Commons
281.0 One First Union Center
301 S. College, Road
Charlotte, North Carolina 28202
SUBJECT:
Dear Mr. Patterson:
August 23, 2004
7003 2260 0001 3550 2738
NOTICE OF VIOLATION
Effluent Toxicity Testing
NPDES Permit No. NC0086886
First Union Cornmons Treatment Facility
Mecklenburg County
This is to inform. you that a review of your toxicity self -monitoring report form for the month of
June 2004 indicates a violation of the toxicity limitation specified in your NPDES Permit.
You should take whatever remedial actions are necessary to eliminate the conditions causing the
effluent toxicity violation(s). Your efforts may include conducting a Toxicity Reduction Evaluation
(TRE) which is a site -specific study designed to identify the causative agents of effluent toxicity, isolate
the sources of toxicity, evaluate the effectiveness of toxicity control options, and then confirm reductions
in effluent toxicity. Please be aware that North Carolina General Statutes provide for assessment of civil
penalties for violations of NPDES permit limitations and requirements.
The reverse side of this Notice contains important information concerning your Whole Effluent
Toxicity Monitoring and Reporting Requirements. Please note updated mailing addresses for submitting
your Discharge Monitoring Reports (DMRs) and Aquatic Toxicity (AD Test Forms. We encourage you
to review this information and if it: would be helpful to discuss this situation or possible solutions to
resolve effluent toxicity noncompliance, please contact Mr. John Lesley with this office at (704) 663-
1699.
Sincerely,
D. Rex Gleason, P.E.
Regional Water Quality Supervisor
cc: Aquatic Toxicology Unit
Eric Donnelly, Law Engineering, 2801 Yorkmont Road, Suite 100, Charlotte, NC 28208
Central Files

WHO EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION
ing items are provided in an effort to assist you with id
testing and reporting information Please take time to review thi
the toxicity testing andl_e ti w eteq i
questions about your toxicity testing requirement, please contact
at [phone] or another Unit representative at the same number
e
s
M
g critical and sometimes overlooked taxi
tion, .
r aria
r. Kevin Bowden xeith the Aquatic Toxicology Unit
yott should have any
Y The permittee is responsible for ensuring that toxicity testing is conducted according to the permit
that toxicity report forms are appropriately filed.
uirement and
The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered
(with the appropriate parameter code) on your monthly Discharge Monitoring Report which is suhrnitted to:
North Carolina Division of Water Quality
Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617
Toxidty test data (ori.
d _
re . rtirlg period (eg, January test result is due by the end of Feb•
IN ADDITION
n) must be submitted to the following address:
North Carolina Division of Water Quality
Environmental Sciences Branch
1621 Mail. Service Center
Raleigh, North Carolina 27699-1621
Br
clr au; later than 30 days aft
Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity
testing upon failure of any single quarterly toxicity test. If the initial pass/ fail test fails or if the chronic value is lower
than the permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the
following two months. As many analyses as can be completed will be accepted. If your NPDES permit does not
require use of multiple concentration toxicity testing upon failure of any single quarterly test, you may choose to
conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET
enforcement initiatives effective July 1, 1999, Follow-up multiple concentration, toxicity testing will influence the
Division's enforcement response.
• Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxic ty
monitoring requirements (eg, if the testing months specified in your NPDES perrnit are March, June, September, and
December, then toxicity testing must be conducted during these months).
• If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from Januar= 1-June
30, then you roust provide written notification to the Environmental Sciences Branch by June 30 that a discharge did
not occur during the first six months of the calendar year.
If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the
Environmental Sciences Branch at (91,9) 733-2136 and provide written docurnentation indicating why the test was
invalidated and the date when follow-up testing will occur.
If your facility is required to conduct toxicity, testing during a month in which no discharge occurs, you should
compete the information block located at the top of the AT form indicating the facility name, permit number, pipe
number, county and the month/year of the subject report You should also write "No Flow" on the AT form, sign the
form and submit following normal procedures.
The Aquatic Toxicity Test forrns, shall he signed by the facs Aerator in Respa
facilities which have not received a facility classification, in these cases, a duly autho
sign the AT form. The AT form must also be signed by the performing lab supervisor.
Y To deterrnine if yorrr AT test forms were received on time by the Division of Water Quality, you may consider
submitting ;our toyiclt r test results certified naaa] return receipt requested to the Environmental Sciences Branch,
nsihle Charge (ORC) except for
ized fa
representative must

A
anti C
July 2I, 2004
James L. Patterson
First Union Commons
2810 One First Union Ctr.
301 S. College St
Charlotte, NC 28202
SUBJECT: PAYMENT ACKNOWLEDGMENT
CIVIL PENALTY ASSESSMENT
First Union Commons
Mecklenburg COUNTY
PERMIT NO: NC0086886
TX-2004-0005
Dear Mr. Patterson:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
of Envltonment and Natural Resources
Alan W. Klimek, P.E.: Director
Coleen H. Sullins, Deputy Director
Division of Water Quality
This letter is to acknowledge receipt of check No. 0012504 in the amount of $2,086.63 received
from you dated July 12, 2004. This payment satisfies in full the civil assessment levied against the
subject facility and this case has been dosed. Payment of this penalty in no way precludes future
action by this Division for additional violations of the applicable Statutes, Regulations, or Permits.
If you have any questions, please call Robert L. Sledge at 919-733-5083 Ext.547.
Sincerely,
Coleen Sullins
cc: Enforcement File #: TX-2004-0005
Mooresville Regional Office Supervisor
Central Files

Michaei F (Jov
William G.S
North Carolina Department of Envtronmern and Natural Resources
Alan W. Klimek. P, E. Director
Division of Water Quality
Coieen H. Sullins. Deputy Director
Division of Water Quality
June 17, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr, James L. Patterson
First Union Commons Center
2810 One First Union Center
301 S. College Road
Charlotte, North Carolina 28202
Dear Mr, Patterson:
7003 2260 0001 823
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations ofNC, General Statute
143-215,1(06) and NPDES Permit No, NC0086886
First Union Commons WWTP
MecklenburgCounty
Case No. TX - 2004-0005
This letter transmits a Notice of Violation and assessment of civil penalty against First
Union Commons in the amount of S2,086.63 02,000 civil penalty S86.63 enforcement costs).
This assessment is based upon the following facts: A review has been conducted of the
toxicity self -monitoring data from December 2003 through February 2004. This review has
shown the subject facility to be in violation of the 90?/0 chronic toxicity discharge limitation
found in NPDES Permit No. NC0086886. The facility's toxicity self -monitoring reports for
December 2003 through February 2004 revealed the following effluent toxicity NPDES Permit
limit violation(s).
December 2003 Fail
January 2004 < 45% chronic value
Based upon the above facts, 1 conclude as a matter of law that First Union Commons
violated the terms, conditions or requirements of NPDES Permit No. NC0086886 and North
Carolina General Statute (GS.) 143-215.1(a)(6) in the manner and extent shown in Attachment
A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-
215 .6A(a)(2),
NCD
N. C. Division of War t= Quality, Moorvi1Ie Reona1 Oft1, '919 North 4ain Street, Mooresville NC 28115 (704) 663-1.699 Customer Service
1.-877-623-674A

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, 1, D. Rex Gleason, Water Quality Regional
Supervisor for the Mooresville Region, hereby make the -following civil penalty assessment
against First Union Commons:
1_000 For of the one (1) violation of G.S. 143-
215.1(a)(6) and NPDES Permit No. NC0086886, by
discharging waste into the waters of the State in
violation of the permit .weekly average effluent limit
for December 2003.
1.000
2,000
86.63
2,86.63
For _1 of the one (I) violation of G.S. 143-
215.1( a)(6) and NPDES Permit No, NC0086886, by
discharging waste into the waters of the State in
violation of the permit monthly average effluent
limit for January 2004.
TOTAL CIVIL PENALTY
Enforcement costs.
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty ave taken.
into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
2S-2.1(1)1, 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 violations;
(2) The duration and gravity of the violations;
(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 violations were 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,
and
(8) The cost to the State of the enforcementprocedures.
'Within thirty days of receipt ofthis 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 CornpliancefEnforcenient
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina
OR
Subunit a written request for re
such request:
on including a detailed justification for
be aware that a request for remission Is limited to consideration oldie five
fisted below as they may relate to the reasonableness of the amount of the
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 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 G.S. 14313-
2.82.1(b) were wrongfully applied to the detriment of the petitioner:
1) whether the violator promptly abated continuing environmental damage
resulting from the violation;
13) 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
i ) whether payment of the penalty will prevent payment for the
remaining necessary remedial actions.
Please note that all information presented in support of your requ•
must be submitted in writing, The Director of the Division of Water
review your evidence and inform you of his decision in the matter of v
remission request. The response will provide details regarding case status,
vi 11

directions for payrnent, 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
"Waiver of Rig,ht to an Administrative Hearing and Stipulation of Facts" .form
within thirty (30) days of receipt of this notice. The Division of Water Quahtv
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
161'7 Mail Service Center
Raleigh., North Carolina 27699-'1617
OR
3. File a petition for an administrative hearing with the Office of
Administrative Hearings:
If you wish to contest any statement in the attached assessment document you
must file a petition for an administrative hearing,. 'You may obtain the petition
Corm from the Office of Administrative Hearings. You must tile the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this
notice. A petition is considered tiled when it is received in the Office. of
Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the
hours of 8:00 a.m. and 500 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]
A copy of the petition must also be served on DENR as follows:

Mr. Dan Oakley, General Counsel
Department of Environment and Nam al Resources
1601 iMall Service Center
Raleigh, North Carolina ?7Ci_ 1601
Pleas ; indicate the case number d as found on page one of this letter) on the
petition.
Faint re to exercise one of the options above within th rty l3 ) days of receipt. of t
as evidenced by an in ral dater°'tine received stamp i of a postr a.rk), will result in this ia.t
el .€i-er1 t somey General's Office for collection of the penalty throtrgh a civil actin:
Please be tads ased that" additional penalties may be assessed for violations that occur after the
period otthis assessment. If the violations are of a continuing nature, not related to
operation rt and `far rnairttenance ro len s, and you antici ate remedial construuctit n actin aties, then
sou rraav v sh to consider applying fora Special Order by Consent, if vou have any que tions
about this civil malt assessment or a S eclat Girder by Consent, please contact the Wat
v Section: staff of the Mooresville Regional Office at 704/663-1699.
A TT CHMENTS
i . Rex Elea n, P.E.
Water Quality Regional Supervisor-
'Mooresville lle Regional Office
Division ofWater Quality
lity
cc: Water Quality Regional Super isor €r<` rattwhine rrts
Compliance/Enforcement File Zvi trttaclr.taents
Central Files w/ attachments

STATE OF NORTH TH R LI`t A
COUNTY E ME NBURG
IN THE 'vie ER OF ASSESSMEt"
OF CIVIL PENALTIES AGAINST
FIRST UNION 't If NS
NPDES PERMIT NO. NCOO8t 8S i
LILL NO
Having been assessed civil pena€ties totaling
DER THE `T OF ENV RON IE IT
AND NATURAL E S UR ES
WAIVER OLRIGHT T
ADMINISTRATIVE HEARING AN
STIPL LA IO I FATS
woe I0S
for iolation(s) as set
th in the r,ss srnent document of the Director of the Division of \rater Quality dated
undersigned, desiring; to seek remission of the civil penalties.. does hereby waive the right to art
4e hearing in the above -stated matter and does stipulate that the facts are as alleged in the
asses naern document. The undersigned further understands that all evidence presented in support of remission
atlr
this cis it penalty rnnu t be submitted to the Director of the Division of Water Quality within 30 days of receipt
of the notice of assessment. -,No new evidence in support t f a e fission request will be allowed after 30 days
from the receipt of the notice of assessment.
This tla day of 2004..
BY
ADDRES
TELEPHONE

CIVIL PENALTY ASSESSMENT ADDENDUM
Please find attached information regardingMVO's WET Enforcement Policy (Ind how you can
intluence DWQ's enforcement response for effluent toxicity permit limit violations.
NPDES permits are currently being issuedireissued with the requirement to conduct multiple
concentration testing upon a single quarterly failure to meet the chronic toxicity Limit. Permittees with
NPDES permits which contain "old" chronic toxicity pass/fail testing language will have the OPTION to
respond to any single quarterly toxicity test failure., with follow-up multiple concentration toxicity' testing
or single concentration toxicity testing, thereby influencing DWQ's enforcement response.
NOTE: Choosing to respond to a clue nic "fail" result with a pass/fail test instead of conducting multiple
concentration toxicity testing during the second and third months of the monitoring quarter, as defined by
your permit, will result in enforcement for single concentration test results that do not meet chronic
toxicity' permit Limitations.
Important WET Enforcement Policy items are:
IRONIC TOXICITY TESTING
The first test of the quarter can be conducted as either a pass/tail test or a
chronic value (ChV) test.
If the pass/fail test fails or if the ChV is lower than the limit, then a NOV is
issued and at Least two ChV tests one per month) will be conducted over the
following two months, As many analyses as can he completed will be
accepted.
• A NOV will be issued for any test result failing to meet the permit limit.
• Any civil penalty assessed will be based on performance over a quarter (ie„
chronic vilifies for the second and third months of the monitoring quarter will
be averaged arithmetically and if the average is your chronic permit limit,
then a civit penalty will not be assessed for the monitoring quarter).
• NPDES Permits containing chronic toxicity pass/fail testing wiLl be modified
upon permit renewal to include the new permit language.
11, ACUTE TOXICITY TESTING
A NOV will be issued for each acute lunit violation.
A civil penalty will be assessed for any two consecutive acute lirnit
violations.
If you are unable to consistently comply with your toxicity permit limitation, you may notify your
respective Regional Office to discuss the possibility.' of entering into a Special Order by Consent (SOC).
The SOC provides conditional compliance for permit .pararneters that the facility can not consistently
comply with and may he issued in situations where facility: operation and maintenance are not in question,
It a SOC is signed hy the perrnittee/DWQ and contains toxicity as a noncompliant parameter, you will be
required to: conduct a Toxicity Reduction Evaluation (TRE), submit quarterly TRE progress reports and.
reduce/eliminate effluent toxicants to acceptable levels.
Should you have any questions concerning this correspondence( please, contact either Matt
Matthews or Kevin Bowden with the Aquatic Toxicology Unit at (919) 733-21.36.

JUS' CATION FOR REMISSIONREMISSIONREOIJEST
DIVA Case Number: TX-2004-0005 County: Mecklenburg
Assessed Party: First Union Commons Treatment Facility
Permit No. (if applicable): NC0086886 Amount Assessed: 'S
Please use this form when requesting remission of this civil penalty. You must also complete the
".Request For Remission, Waiver of Right to CM 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 tactual statements
contained in the civil penalty' assessment document, Pursuant to N.C,G,S, § 143B-282,,t(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) _lie. 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 violato, ro v abated o u -nvi onmental 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 pre -vent you from performing
the activities necessary to achieve compliance).
EXPLANAT 0

Fab ity First Union
Pace Analytical Services, Inc.
2225 Riverside Drive
Asheville, NC 28804
Phone,' 328.254,7176
www.paceEidicalit Toxicity Report AT-1 Form Chronic Pass/Fail and Acute LC50Fax: 828,252,4678
Date 12\24\03
NPDES#NC 0086886 Pipe
Laboratory Performing Test PACE Analytical Service ,
,
'
Signature at Operator in Responsible Charge
LAIlnqinry inwvoscy:-,
MAIL ORIGINAL TO:
North Carolina Cr/cdahnja
Chronic Pa Fail Reroductiop Toxicity Test
CONTROL ORGANISMS 1 2 3
# Young Produce
Adult `v
D)ead
Effluent% 90
TREATMENT 2 ORGANISMS
Young Produced
Adult (L)ive (D)ead
pH Control
D
Treatmen
a
1St
Control
Treatment
8.0
12
n
7.9
7 6
5 6
County Mecklenburg
arnljles Not Ae31ed Unlesshe Ise
Environmental Sciences Branch
Div, of Water Quality
N.C. DENR
1621 Mail Service Center
Rategh, North Carona 27659-1621
10 11 12
29 29 33 37 26 29 28 24
4
9
16
ad
lst
7 9
7.7
7.7
7,5
10
7 8 g 10 11 12
14
14
10
[Complete This For Either T
eclion Start Date
7.2 Sample 1 12\8\03
s
3
2nd
8.3
8 2
8.1
8.0
LC50,Acuie Toxicity Test
Mortality expressed as 'A mbnrw retlicatesi
1'o
'sm Tested: Cenoda.hnja dubia
Asheville Certification IDs
NC Wastewater 40
JC Drinking Water 37712. n
SC Environmental 99030 if
FL NELAP E87648
Moving Avg.
Method of Determinaboi
Probit
pearman Other
Test i
hr nic Test Resulis
Calculated t 12.775
Tabular t
% Reduction
rnntrani
12
r 100.0
rvoJDratior
,3rub 2cnp,Duratton
Samoe 2
Haroness
Seat. Cond. (umhosl
Chlorine Ono,t0
Samoie temp, at receiot tC)
Concentration
Mortality
YSIS
be reproduced, except in full,
ent of Pace Analytical Services. Inc
nelac
iltrviro
Avi Re ro
Control
30,00
Treatment 2
10.60
0453 FAIL
(TCSI Starte:
2\10\03
12\11\03
690
<01
4.0
Note: please
Complete This
Section also
start/end
D
!AN 2004
rtificati n Ds
12
37706
99006
E87627
S0
FL NELAP

face Analytical®
www,,,oaviabs.cpa
uent Aquatic Toxicity eport i-orrn/Phase II Chronic Ceriodaphnia
Facility Macte
NPDES#:NC 0086886
..aboratory Performing Test PACE Analytical Services, Inc.
rurecit Onerainifn Res ohnsinie Charge
Sample information
Collection Start Date
Grab
Composite (Duration)
Hardness (mg/
Spec. Cond. (pnlhos/cm)
Chlorine (mg/L)
Sample Temp. at Receipt
Control
Effluent%
45
Effluent%
90
ffluent%
Effluent%
100
# Young
Adult
,(L)ive (Magri
# Young
Adult
(L)(ve (Cdoad
_
Young
Adult
(L)ive (0)ead
8
to- /LC.
u
mp e
Sampe 2
Con
04
2\04
24h
24h
53
74
47
<0.
0,1
2
16
L
D D
17
11
L
0
0
0
9
2.4
17
L
0
Organrsm 4
4 5 6
2
L
4
0
6 7
5
21
L
4 5 6 7
14
0
4
4
0
0
4
0
5
14
D
0
17
6 7
2 3 4 5 6
0
13
0
5
0
3 5
D D
9
10
19
0
6
0i
12
0
0
ip
Test
e
Treatment 10
pH Initial 7.
pH Finai 7.8 7.7
D.0, Initial
0.0. Final
Pace Analytical Services, Inc..
2225 Riverside Drive
Asheville, NC 28804.
Phone: 828,254,7176
Fax: 828,252,4618
0
Temp. initial 24.6, 25.4 25,2 24.7 25.2 24.
10 11 12 mean
7
NA
NA
10 mean
7
0
10 mean
7
10,9
%Red
D 52.4
10 mean
8
4.2
%Red
81 7
10 mean
5.4
%Red ,
76.4
MAIL
TO:
ATT: Environmental Sciences Branch
Div, of Water Quality
N.C.DENR
1621 Maii Se
Raleigh, NC 2769
k4A, 1
Asheville Certificationaoroamontai
NC Wastewater 40
NC Drinking Water 37712
SC Environmental 99030
FL NELAP E87648
• Shukt use highest test
concentration or highest
concentration with 0.0, >5 0 rngil.
Reduction (
VE Reproduction Mean
D torn Contrci
NA
NA
10,4
%Rea .•
45,0j
Chronic Test Result
Final Corttro Mortafty %
% Control with 3rd Brood
Control Reproduction CV
0
48 Hour Mortality
r,rmtm.1
Sigruficant?
Friai rytortaetv SifIrt4lCant 61
45 ',/0
!Yes
Reproduction Analysis:
Reproduction LCEC. 45,0 % NOEC= <45
Method: Dunnett's Test
Normal Distrib? Yes Method: Kolmo orov 0
Statistic: 95597.000 Critical: 1.035
Non -Parametric Analysis (if applicable):
Method:
E uent% Rank Sum C
cat m
45
65
90
95
100
Overall Analysis:
Result = PASS/FAIL or
Test LOEC= 45,0 %
Chronic Value = <45
NOEC= <45 %
PORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except ln full,
written consent of Pace Analytical Services, Inc.
c.
Charlotte Certific.tion IDs
NC Wastewater 12
NC Drinking Water 37706
SC 99006
FL NELAP E87627

eE
Ac
lent Toxicity Testing Self -Monitoring
RLQURLMFNT
of
errnrrra
aNonC„aear}a Sit
YEAR .tAN
2000
MAR
Pass
NRIPaa5
Pass
APR
Fad
NR
Nh'1FRI S!
Pass
A
LF, ND.
P1 f+..Nf — Pcazsni3: Reaivarrcnoea1s LET 2-Administrative Letter - Target;:
t3egiu -vFirst etican h regx3ired PQ 0 - Receiving atr,;tnr Inw Pry, urstus'tcs , _
11 Nertrua9taf 'Paw (MG1 IRILld- Lcnidae3prriwrt;ltpe ,rr4d,serhtvvtsti tth
°n-,Data Natal fan, f-Futhe,ud !Alma% t �ku'i
RcpaattrtaN¢SXcdrann -.. N1 1ta not required, RR tdga# report ' Fac➢@in ti Aeuvi(
a•e;, Fi • Nod
S
�iPV[Y3iY", .SPr- SM'Te'
1'✓ia3rai ins th ai
a A- Attarau:tt
C)'41) Only when ciasehar
xn, Apr, )a6„ Oct

NOVs issued for Non/Late Reporting and Noncompliant Events
June 15, 2004
Facility
First Union Commons
First Union Commons
First Union Commons
First Union Commons
First Union Commons
First Union Commons
First Union Commons
First Union Commons
First Union Commons
First Union Commons
First Union Commons
First Union Commons
First Union Commons
First Union Commons
First Union Commons
NPDES
NC0086886/001
NC0086886/001
NC0086886/001
NC0086886/001
NC0086886/001
NC0086886/001
NC0086886/001
NC0086886/001
NC0086886/001
NC0086886/001
NC0086886/001
NC0086886/001
NC0086886/001
NC0086886/001
NC0086886/001
NC0086886/001
C/R
NC
NR
NR
NR
NR
NR
NR
NR
NR
Date
1 / 19/2004
12/8/2003
6/30/2003
5/31/2003
4/30/2003
3/31 /2003
12/31 /2002
10/31/2002
9/30/2002
9/212002
6/30/2002
8/29/2001
7/23/2001
6/18/2001
4/25/2001
Entry Date
3/4/2004
2/3/2004
11/20/2003
7/8/2003
6/9/2003
Letter Sent
3/22/2004
2/23/2004
Comments
no reasonable potential
no reasonable potential
8/19/2003 LT 03-0302, 6/03 $lok,7th viol
7/23/2003
6/25/2003
5/7/2003 5/28/2003 LT-03-001, 10a 12 03,3/03 $4k
2/7/2003 2/28/2003
1/7/2003
2/4/2003
11/7/2002
1/6/2003
2/3/2003
2/3/2003
00/00/00 dns/nod 11 /26/02 to rept to us
00/00/00 dns/too old
8/21/2002 00/00/00
9/5/2001
8/6/200
6/1/2001
10/22/2001
9/19/2001
8/23/2001
6/21/2001 no reasonable potential
dns/wl 8/23/02 to send to atu

State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
919 North Main Street Mooresville, North Carolina 28115
CERTIFIED MATT
RETURN RECEIPT REQUESTED
Mr. James L. Patterson
First Union Commons
2810 One First Union Center
301 S. College Road
Charlotte, North Carolina 28202
SUBJECT:
Dear Mr. Patterson:
March 22,. 2004
7003 2260 0001 3491 2156
NOTICE OF VIOLATION
Effluent Toxicity Testing
NPDES Pemiit No. NC0086886
First Union Commons Treatment Facility
Mecklenburg County
This is to inform you that a review of your toxicity self -monitoring report form for the month of
January 2004 indicates a violation of the toxicity limitation specified in your NPDES Permit.
You should take whatever remedial actions are necessary to eliminate the conditions causing the
effluent toxicity violation(s). Your efforts may include conducting a Toxicity Reduction Evaluation
(TRE) which is a site -specific study designed to identify the causative agents of effluent toxicity, isolate
the sources of toxicity, evaluate the effectiveness of toxicity control options, and then confirm reductions
in effluent toxicity. Please be aware that North Carolina General Statutes provide for assessment of civil
penalties for violations of NPDES permit limitations and requirements.
The reverse side of this Notice contains important information concerning your Whole Effluent
Toxicity Monitoring and Reporting Requirements. Please note updated mailing addresses for submitting
your Discharge Monitoring Reports (DMRs) and Aquatic Toxicity (AT) Test Forms. We encourage you
to review this information and if it would be helpful to discuss this situation or possible solutions to
resolve effluent toxicity noncompliance, please contact Mr. John Lesley with this office at (704) 663-
1699.
Sincerely,
D. Rex Gleason, P.E.
Regional Water Quality Supervisor
cc: Aquatic Toxicology Unit
Central Files

WHOLE EFFLUENT TOXICITY MONITORING
1D REPORTING I:NFORMATION
The followiems are provided in an effort to assist you with identifying critical and sometimes overlraoked
toxicity testing and reporting information. Please take time to review th.ts information_ The items below do not
address or include all, the toxicittesting and reporting requirements contained in . ur NPDES you should have any questions about your toxicitytestingrequirement, please contact Mr. Kevin B peen'it. If
the Aquatic Toxicology Unit at [phone] or another Unit representative at the same numberc141 d�u with
The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement
and that xicity report forms are appropriately filed,.
The reporting of whole effluent toxicity testing data is a dual re uirem.ent, All toxicity test results must be
entered (with the appropriate parameter code) on your monthly Discharge Monitoring Report which. is
submitted to:
North Carolina Division of Water Quality
Central Files
1617 Mail Service Center
Raleigh, NC 27699 1617
IN ADDITION
Toxicity test data (original "'AT" form) must be submitted to the following address.
North Carolina Division of Water Quality
Em ironrnental Sciences Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1.621
Toxicityles# results shall be filed with the Environmental Sciences 13ranch no atr ta after the end
of the reporting period (eg, January test result is due by the end of February).
Toxicity test condition language contained in your NPDES pe st m,ay require use of multiple concentration
toxicity testing upon failure of any single quarterly toxicity test. iaIpass/fail test fails or if the chronic
value is lower than the permit limit, then at least two multiple concentration toxicity,, tests (one per month) will
be conducted over the following two months. As many analyses as can be completed will be accepted. If your
NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single
quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration
toxicity testing per the Division's WET enforcement initiatives effective July 1, 1999, Follow-up multiple
concentration toxicity testing will influence the Division's enforcement response.
Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain epLsodic
toxicity monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June,,
September, and December, then toxicity testing must be conducted during these months).
If y°our NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-
June 30, then you must provide written notification to the Environmental Sciences Branch by June 30 that a
discharge did not occur during the first six months of the calendar year.
If you receive notification from your contract laboratory that a test was invalidated, you should immediately
notify the Environmental Sciences Branch at [phone] and provide written documentation. indicating why
the test was invalidated and the date when follow-up testing will occur.
If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should
complete the information block located at the top of the AT form indicating the facility.' name, permit number,
pipe number, county and the month/year of the subject report, You should also write "No Flow" on the AT
form, sign the form and submit following normal procedures.
The Aquatic Toxicity Test forms shall be signed by the facility's (eratot in Responsible Charge (ORC) except
for facilities which have not received a facility classification. In these cases, a duly authorized facility
representative must sign. the AT form. The AT form must also be signed by the performing lab supervisor.
To detertrtine if your AT test .forms were received on time by the Division of Water Quality, you may cansi;r
submitting your toxicity test results certified mil return receipt requested to the Environmental Seiencp,
Branch,

DIVISION OF WATER QUALITY
August 12, 2003
MEMORANDUM
To:
Thru:
From:
Subject.:
Alan Klimek
Jimmie Overt
Matt Matthew,
Kevin Bowden
Proposed Notice of Violation and Civil. Penalty Assessment
First Union Commons Treatment Facility
NPDES Permit No. NC0086886
Mecklenburg County
File No. LT-2003-0302
A
AUG
Please find attached a proposed Notice of Violation and Civil Penalty Assessment (NOVA) against First Union
Commons for failing to timely report toxicity self -monitoring. data within thirty days after the end of the required
reporting period. The NPDES permit issued 3/9/01, contains an effective date of 4/1/01, and contains an expiration date
of 6/30/05. The permit specifies quarterly chronic Pass/Fail toxicity testing at a 90% effluent concentration during the
months of March,. June, September and December. Language contained in the permit requires the facility to submit
a "No Flow" Aquatic Toxicity Test form to ESB in the event the facility dues not discharge during a required
toxicity testing month.
The 0.086 MGD groundwater treatment facility components consist of: transfer tank and pumps, bag filter
system, two (1000) pound granular activated carbon vessels in series, flow meter, control. panel and associated
piping/appurtenances. The discharge enters a storm drain that connects to Little Sugar Creek , Class C waters, in the
Catawba River Basin.
The following information should be helpful to summarize events leading up to the proposed
n
0
cement
Month
Date
Result
Test Initiation AT I2.eceirt bow ESB NR NOV Date NC NOV/NOD
6/02 NR/Pass 6/26/02 8/19/02
9/02_ NR/Fail(sig) 9/25/02 11/1/02
10/02 NR/92.5 10/30/02 1/3/03 '/3/03
11/02 NRI> 100 11/20/02 3/4/03 2l3/03
12/02 NRIPass 12/18/02 2/25/03 2/28/03
3/03 NR NOVA - 4K issued 6/17/03 — (.LT-2003-0300)
4/03 NR~
5/03 NR
6/03 NR PROPOSED NOVA
6/25/03
7/23/03
8/23/02 WL
11/26/02 NOD
The facility was issued a Warming Letter (WL) dated 8/23/02 indicating that the June 2002 Report Form was
incorrectly filed in Central Files with the facility's DMR. The reverse side of the Warning Letter included a summary of
important toxicity testing information.
The facility conducted toxicity 'testing during September 2002; however, the September AT report foam. was
ctly submitted to Central Files, The facility was issued a NOD dated 11/26/02 that again included

Page 2
First Union Commons-LT-2003-0302
August 12, 2003
ESB's address in bold and listed a contact name and number for our office if the .facility had questions. The fact
failed to sign the September 2002 AT report form was sent a Notice of Deficiency dated 12/10/02,
The faeility conducted toxicity testing during October 2002; however, the October AT repofrom was received
late by our office on 1/3/03.
The facility conducted toxicity testing during November 2002; however, the November AT report form was
received late by our office on 3/4/03 and a NOV dated 2/3/03 was sent to First Union Commons for the October and
November 2002 late reporting .incidents.. The NOV stated, "Please be advised that late tind/or non-re.porting of toxicity
self-monitorino, data sub'ects you to the enforcement authorit , of the Division,"
The facility conducted toxicity testing during December 2002; however, the December AT report forrn was
received late by our office on 2/25/03 and a NOV dated 2/28/03 was sent to the facility. The 'NOV contained the same
statement as noted above.
The facility failed to conduct toxicity testing during March 2003 per the NPDES Permit.. On 5/27/03, Kevin
Bowden contacted Mr. Bruce Reilly with MACTEC to determine why our office had not received the required report
forms in a timely manner. Mr. Reilly indicated that he would submit the data but provided no explanation,why the AT
report forms were not filed on time. Mr. Reilly also mentioned that he "owed the Division some DMRs." No DMRs
were noted in Central Files for time period January 1 through June 30, 2003.
NOVs dated 6/25/03 and '7/23/03 were sent to the facility for the April and May 2003 non -reporting events,
respectively.
File records indicate that some time during the summer of 2002, the facility switched contractors and/or. toxicity
consultants. Please note that the contractor for this facility is responsible for overseeing the operation of a similar
facility in Mecklenburg County. Toxicity reporting requirements were discussed with the facility's contractor, in detail,
prior to the June 2002 late reporting incident. Beginning June 2002 to date, we have experienced numerous problems
with obtaining Aquatic Toxicity Self -Monitoring Report forms within the required time frame. The contractor was also
apprised of NPDES reporting obligations in a meeting on 1130/03 held at the -WQ laboratory, NOTE: First Union
Commons was assessed a 84000.00 civil penalty on 6/17/03 for failing to submit the October through December
2002 and March 2003 toxicity self monitoring report forms to our office within the required time frame. As of
8/12/03, there is no indication that the facility has exercised an option regarding disposition of the .previously
assessed civil penalty (LT-03-001, changed to LT-2.003-0300 to match BIMS tracking numbers).
First Union Commons' initial toxicity test was conducted during April 2001..The facility experienced some
difficulty meeting its 90% chronic limit and was assessed a civil penalty on 1011101 for WET effluent lint violations
that occurred April through August 2001 (no assessment for the April 2001 limit violation). The $3000.00 civil,penal
for effluent toxicity limit violations was paid in full.
The Aquatic Toxicology Unit recommends issuance of the proposed NOVA against First Union Commons.
This office has discussed the NOVA with staff from the Mooresville Regional Office w ho recommend processing the
action.
Attached you will find the toxicity self -monitoring history for this facility.
Should you have any questions or need additional information., please contact me at 2136.
cc: Rex Gleason -Mooresville. Regional Office
Point Source Compliance/Enforcement Unit
Aquatic Toxicology Unit Files

DWQ- - IV'IASSESSMENT REMISSION FACTORS CONSIDERATION
IDE TIOl
Case Number: LT 2003-0302 Region: Moore v111e
Assessed Entity: First Union Commons
Whether one or more of th
detriment of the petitions
Notes;
vil penalty assessment fa
Whether the violator promptly abated contincxin enviroa
violation;
Notes:
Whether the:violation vaas inadvertec
Notes:
or a resu
Count yMecklenburg
v'ere wrongly applied t the
accident;
damage resultingfc om tlx
IYhether the violator had been assessed civil penalties for and. previousviolations;
Notes:
Whether paymet
remedial actions,
Notes:
penalty
p
t pay
xe remainin necessary
Decision (Check one)
Request Denied pull Remiss
Date
Partial rernassion Amount remitted
Alan Ili ek, I..

DIVISION OF \VATER QUALITY - CIVIL PENALTY ASSESSMENT
st Union Commons Treat entFacility
Violator:
County:
Case Number: LT-2003-0302
Mecklenbure County
ASSESSMENT. F ACTQRS
1) The degree and extent of harm to the natural resources of the State, o the public
health, or to private property resulting from the violation; nificant
( )not significant ( }moderately significant ( )-s.
( )very significant ( )extremely significant
2) The duration and gravity of the violation;
( )not significant ( )moderately significant ( )significant
( )very significant ( )extremely significant
The effect on ground or surface water quantity or quality or on air quality;
( )not significant ( )moderately significant ( )significant
( )very s_i„gnificant ( )extremely significant
4) The co st o f r € tifying the damage;
)not significant ( )moderately significant ( )ignificant
( )very significant ( )extremely significant
The amount of money saved by noncompliance;
( )not significant ( )moderately significant ( )significant
( )very significant ( )extremely significant
6) Whether the violation was committed willfully or intentionally;
( )not significant ( }moderately significant ( )significant
( )very significant ( }extremely significant
7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
andnificant
( )not significant ( )moderately significant (sig
( )very significant ( )extremely significant
8) The cost to the State of the enforcement procedures.
signifi
( )not significant ( )moderately significant ( � cant
( )very significant ( )extremely significant
Date
Alan Klimek. P.E.
Director

NOVs Issued for Non/Late Reporting and Noncompliant Events
Facility NPDES C/R
First Union Commons NC0086886/001 NC
Date
4/25/2001
Entry Date
6/1/200
etter Sent
omments
6/21 /2001
no reasonable potential
First Union Commons NC0086886/001 N
6/18/2001
8/6/200
23/2001
First Union Commons NC0086886/001 NC
7/23/2001
200
9/19/2001
First Union Commons NC0086886/001 NC
8/29/2001
0/1/200
0/22/2001
First Union Commons
First Union Commons
First Union Commons
First Union Commons
NC0086886/001 NC
NC0086886/001 NR
NC0086886/001 NR
NC0086886/001 NR
9/23/2002
6/30/2002
9/30/2002
0/31 /2002
1/6/2003
8/21/2002
2002
2/4/200
00/00/00
00/00/00
00/00/00
3/200
dns/wl 8/23/02 to send to atu
dns/nod 11/26/02 to rept to us
First Union Commons
NC00868861001 NR
1/ 0/2002
200
First Union Commons NC0086886/001 NR
2/31/2002
2/7/2003
2003
2/28/200
First Union Commons NC0086886/001 NR
/2003
5/7/2003
5/28/2003
T forthcoming
First Union Commons NC0086886/001 NA
4/30/20
6/9/2003
6/25/200
First Union Commons NC00868861001 NR
First Union Commons NC0086886/001 NR
5/31 /200
6/30/200
7/8/2003
7/23/200
8/7/2003
00/00/00

rah SO-Monar t
t a„, n 4fli;?67ik1 Fa ^.aEnsersey:
ierstaurR Re y,iek+' MN) aau
Snon
V Pa7C 1999 S'Y4U A.
LEGEND:
PERM Penult Rvxtuarcrtca
Begin _Form moor arattia
f 1'R Permitted thaw
Data N,.*eaav^t'f-F RVrterd
90
Sum
ry
aiy
14 9 Pew ivan s avimxaara Yc'rw Clew cHies°rz a taanl _ 9
C P = h treat a we ac rr ro vta sta Pr¢
-fix+aar'nlagsJlnrd alr;axay. Nl°iatt9 ttilkr'ltnie f.la�"-.:CAn usiu ++d
Natrw?.pa a. „1 Fza^r#iay.Ar,4as^tl3' ytrnra' # • li
YEAR JAN FE 13
cyuerr
Q
1y loved(
rwrly; M
tlrtu.. nt sriPrMeSs..
.matava-t1, 1'J - A91
MA
Pass
NJ1
AE
NFi
Ukdy; SA- Sell1i+
t.^teuathy ertd tee
MAY JI N.
F"44e,:
ev. Nt1Paux
NF# NA
unity; A- Amway; C)Wi'3- <7rkty wt6cri
at mum oy ur - ex. Jan, Apr, WA al
hy DWQ Acta aic "farx Clsnt, tas . t"
re data available (or 1110ratt wn (9089949 t?R
August 11
AUG S P + c NOV DEC'
F"trtia .. Pays
NeTYFail¢5i } NF J9F.S ORO WO Ni�11P

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
CERTIFIED MAI.L
RETURN RECEIPT REiUESTE7
Mr. James L. Patterson
First Union Commons
2810 One First Union Center
301 S. College Street
Charlotte, North Carolina 28202
SUBJECT: Notice of Violation and Assessment of Civil Penalties for Reporting Requirement
Violations
NPDES Permit No. NC0086886
First Union Commons Treatment Facility
Mecklenburg County
LT-2003-0302
Dear Mr. Patterson:
This letter transmits a Notice of Violation and Assessment of Civil Penalty assessed against First Union
Commons in the amount of
This assessment is based upon the fofowing fact: the June 2003 toxicity self -monitoring report form was
not filed with the Environmental Sciences Branch of the Division of Water Quality within the thirty (30)
day reporting' period in accordance with the monitoring and reporting requirements contained in your
NPDES Permit.
A previous Notice of Violation and Civil Penalty Assessment for failure to report the October through
December 2002 and March 2003 toxicity self -monitoring report fortes on time to the Environmental
Sciences Branch was sent to the facility by certified mail dated 6/17/03.. Notices of Violations for failing
to submit the April and May 2003 toxicity self -monitoring report forms were sent to the facility by
certified letters dated 6/25/03 and 7/23/03, respectively.
Based upon the above fact(s), I conclude as a matter of law that First Union Commons violated or
failed to act in accordance with the requirements of G.S. 143-215.65. A civil penalty of not more
than $10,000,00 may be assessed against a person who fails to file, submit or make available any
documents, data or reports required by G.S. 143-21.5,65.
Based upon the above facts(s) and conclusions of law, I hereby assess First. Union Commons a
$ civil penalty for this seventh violation of G.S. 143-21.5.65, pursuant to the
authority delegated to me by North Carolina Environmental Management Commission Regulation 15
NCAC 22J .003 and G.S. 143-215.6A(h). Any continuing violation(s) may subject you to additional
penalties.
Division of Water Quality
1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Servic
1 800 623-7748

Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty 1 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)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
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;
The duration and gravity of the violation;
The effect on ground or surface water quantity or quality or on air quality;
The cost of rectifying the damage;
The amount of money saved by noncompliance;
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; and
The cost to the State of the enforcement procedures.
Within thirty days receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the Departtnent of Environment, Health, and Natural Resources
(do nor include waiver fonn). Payment of the penalty will not foreclose 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.
A request for remission or rnitigation is limited to consideration of the reasonableness of the amount
of the penalty and is not the proper procedure for contesting the accuracy of any of the statements
contained in the assessment letter. Because a remission request forecloses the option of an
administrative hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must
execute and return to this office the attached waiver and stipulation form and a detailed statement
which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully
applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please submit this information to the attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Please note that all information presented in support of a request for remission must be submitted in
writing. The Director of the Division of Water Quality will review the information during a
bimonthly enforcement conference and inform you of his decision in the matter of the remission

request. His response will provide details regarding case status, directins for payment and provision
for further appeal of the penalty to the Environmental Management Comrstiss ion's
Committee on Civil Penalty Remissions, Please be advised that the Committee cannot consider
information that was not part of the original remission request considered by the Director and
therefore, it is very important that you prepare a complete and thorough statement in support of your
request for remission.
Submit a
OR
itten request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must request an administrative
hearing. This request must be in the form of a written petition to the Office of Administrative
Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must:
File your original petition with the
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
and
Mail or hand -deliver a copy of the petition to
Mr. Dan Oakley
General Counsel
Department of Environment and Natural. Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Failure to exercise one of the options above within thirty days as evidenced by a date stamp (not a
postmark) indicating when we received your response, will result in this matter being referred to the
Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be
advised that additional assessments may be levied for future violations which occur after the review
period of this assessment.
If you have any questions, please contact Mr, Matt Matthews, Supervisor of the Aquatic Toxicology
Unit, at [phone],
Sincerely,
Alan W. Klimek, Director
Division of Water Quality
Date
Attachments
Rex Gleason -Mooresville Regional Office
Point Source Compliance/Enforcement Unit.
Matt Matthews -Aquatic Toxicology Unit
Central Files

STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
FIRST UNION COMMONS
NPDES PERMIT NO. NC0086886
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS.
FILE NO. LT-2003-0302
Having been assessed civil penalties totaling tor violation(s) as set
forth in the assessment document of the Director of the Division of Water Quality dated
the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an
administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission
of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt
of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days
from the receipt of the notice of assessment.
This the day of , 2003
BY
ADDRESS
TELEPHONE

4VI4e.0
Mr. James L. Patterson
First Union Conulmns
2510 One First Union Center
Charlotte. NC 25202-6021
SUBJECT:
Governor
William G. Ross, Jr.,. Secretary
Department of Environment and N3tF'al Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
l©oa -coo44
NOTICE CIF VIOLATION
Effluent Toxicity Testing
NPDES Permit No. NC0056556
First Unions Commons Treatment Fac
Mecklenburg County.
Y
—S-361 A1c
Dear Mr. Patterson:
s
Th
is is to inform you that the Environrrlental Sciences Branch
lias'nott receive
15ed the your toxic
Carolina
self -
monitoring report form for the month of 1Vltry 2003E This iswhich states that "monthly
Administrative Code, Chapter 2, Subchapter 2B, Section .0506 (a)(1)(A )
hall be filed no later than 30 days after the end of the reporting period for which the
monitoring re Ports s_ .
report 'was made."
OnY
recision that an Aquatic Toxicity
Ma 27, 2003, Mr. Kevin Bowden from this oefunde©ttacthe ed Mr.
Bruce Reilly with MACTF.0
to discuss toxicity reporting issues at this facility. We were
(AT) e
test form indicating a toxicity test result or a blank est foAm was recT test eived indicating
for' March 2003,our officeb
submitted to our office for March 2003° Since no
as
were expecting
expecting a test result for April 2003.for this Notice receive the of Violation. pril test form, and again
test form for May, thus the reason
You will be considered noncompliant with the reporting
requirements
gq demonstrationtocontained Environmental in yor NPDES
Sciences
Permit for the month of May 2003 until you make accept
Branch that the report form was submitted to ttnw:icit,,_ sn Eta Elie
liisn cf elf-m©nitnridata sufJ'ects vcrl.t office within the required 30-day reporting period.
Please be advised that late an dlr�r non-r'e
en ore
The reverse side of this Notice contains a summary of `important toxicity monitor+ng an'
page and if you have any questions concerning this
requirements.. Please read this one gsummary tic Toxicology Unit at {919} 733-2136.
please contact Mr. Kevin Bowden with the Aqua
Sincerely.
t�TDEN.
Customer Service
800 623-7748
Rex
John Lesley- Mooresville
Aquatic Toxicology Unit F
Central Files
Envircnmentai Sciences Branch 1621 Mail Service Center Raleigh, NC 27699.162.1 (919)i 733-2136
Overton
Assistant Water Quality Section Chief
for Environmental Sciences

FLUENT TOXICITY MONITORING AND REPORTING INFORMATION
The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity
testing and reporting information. Please take time to review this information, The items below do not address or include
all the toxicity testiml and reporting, requirements contained in your NPDES permit., If you should have any questions
about your toxicity testing requirement, .please contact Mr, Kevin Bowden with the Aquatic Toxicology Unit at (919) 733-
7 136 or .another Unit representative at the same number,.
The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that
toxicity report forms are appropriately
The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the
appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to:
North Carolina Division of Water Quality
Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617
IN ADDITION
Toxicity test data (original -ATform) must be submitted to the following address:
North Carolina Division of Water Quality
Environmental Sciences Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
> ToxicityToxicitv test resu1ts shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the
reporting period (eg, January test resultis du by the end of February).
• Toxicity test condition language contained in your NPDES permit may requireuse of multiple concentration toxicity testing
upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the
permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two
month.s. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple
concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single
concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcernent initiatives
effective July 1, 1999, Follow-up multiple concentration toxicity testing will influence the Division's enforcement response.
• Toxicity testing months are specified by the NPDES Pe.nrnit, except for NPDES Permits which contain episodic toxicity
monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and
December, then toxicity testing must be conducted during these months).
Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will
begin immediately until such time that a single test is passed„ Upon passing this monthly test requirement, the perrnittee
revert to the quarterly months specified in the permit. Please note that your permit may or may not contain this language.
If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January I -June 30,
then you must provide written notification to the Environmental Sciences Branch by June 30 that a discharge did not occur
during the first six months of the calendar year,
> If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the
Environmental Sciences Branch at [phone] and provide written documentation indicating why the test was
invalidated and the date when follow-up testing will occur.
if your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the
information blockk located at the top of the AT form indicating the facility name, permit number, pipe number, county and
the month/year of the subject report. You should also write "No Flow" on the AT form, sign. the form and submit following
normal. procedures.
fr The Aquatic Toxicity Test forms shall be signed by the facility*s Operator in Responsible Charge (ORC) except of facilities
which have not received a facility clas.sltication. In these cases. a dul>. authorized facility representative must sign the AT
form. The AT form roust also be signed by the performing lab supervisor.
> To determine if your AT test forms were received on time by the Division of Water Qua[ity, You may conside su• 1
vo Li r toxicitY' test results certified mail., return receipt requested to the Environmental Sciences Branch.

Mr. James L. Patterson
First Union Commons
2510 One First. Union Center
Charlotte. NC 28202.6021
SUBJECT:
NOTICE OF"VIOLATION
Effluent Toxicity Testing
NPDES Permit No. NC0086fi56
First Union Commons Treatment Facil
Mecklenburg County
O�t:chei F. c`35''y
Governor
William G. Ross, Jr„ Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P,E., Director
division of Water Quality
36r G73c
Dear Mr. Patterson:
This is to inform you that the Environmental Sciences
sin Branch hastion of no received
l eiv of the North Carolina
Ay self-
dminister report form for the month oh April 200e-
ter 2, Subchapter 2B, Section .0506 (a)(1)(A) which stags that "monthly monitoring.
Administrative Code, Chap a period for which the report was made."
reports shall be filed no later than 30 days after the end of the reporting p
P
On May27, 2003, Mr. Kevin Bowden from this office contactedpMr. Bruce Reillywithiith. MAC E,C to
`Toxicity (AT) test
It or a blank AT test form indicating "No Flow' would
be submitted
expecting aittedt result our
for
discuss toxicity reporting issues at this facility. We were under the impression that an q
form indicating c a toxicity.test no was
office for March 2003. Since
this sNoti(z of Violation.
received for March 2003, our office
April 2003. thus the reason f
Please remember that reporting of ttxicity tiv1Rc?corttand the Toxicity gcportrequirement.
Form (AT aR n Report
results must be entered oft your Discharge 1621 grin, P
RaleighMo xNC 27tin 16 1 with
must he submitted to: D�4't'/ESB. 1621 Mail Service Center,he
tine frame.
You willbe considered noncompliant with the reporting req
uirements contained in your NPDES Pet -snit
aity°
the n
aonth of April 2003 until you make acceptable demonstration to the Environmental Sciences Branch hat
that
report form was submitted to this office within the required 30-day reporting period. Please fie d`d
andlgr riunNre ta'rtin of to,'' self-munitorin© data sub'ects vutt tat the enfrrrcerttertt atit a. the
g
F octant toxicity monitoring and rePorlinse
The reverse side of this Notice contains a summary of imp
uestions concerning this Notice, plea
Bowden with the Aquatic Toxicology Unit at (919) 733-2t36,
requirements. Please read this. one page summary and if you have any q
contact Mr, Kevin.
Sincerely,
r
�A
ii pEN
Customer Sery
Assistant Water Qua'lit}° Section Chief
for Environmental Sciences
Rex GI son- Mooresville R itit)n'a1 0'-
John Lesley Mooresville Region ail Office
Aquatic Toxicology Unit Files
Central Files
S.
rancervice h 1621 Mail SCenter Raleigh, NC 27699-1621 [phone]
Environmental .�Ciences Q

WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION
The following items are provided in an effort to ass t you with identifying critical and sometimes overlooked toxicity
testing and reporting information. Please take time to review this information. The items below do notaddress or include
all the toxicitv testin.,, and re ortin re uirements conta d vour NPIDES errnit. If you should have any questions
about your toxicity testing requirement, please contact Mr Kevin Bowden with the Aquatic Toxicology Unit. at (919) 733-
2136 or another Unit representative at the same number,
▪ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that.
toxicity report forms are appropriately filed,
▪ The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity& test results must be entered (with the
appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to.
North Carolina Division. of Water Quality
Central Files
1617 Mail 'Service Center
Raleigh, NC 27699-1617
IN ADDITION
Toxicity test data (original "AT" form) must he submitted to the following address:
North Carolina Division of Water Quality
Environmental Sciences Branch
1621 Mad Service Center
Raleigh, North Carolina 27699-1621
Toxicity test results shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the
reporting period (eg,. January test result is due by the end of February),
Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing
upon failure of any single quarterly toxicity test, If the initial pass/fail test fails or if the chronic value is lower than the
permit limit,. then at least two .multiple concentration toxicity tests (one per month) will be conducted over the following two
months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple
concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single
concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives
effective July I. 1999, Follow-up multiple concentration toxicity testing will influence the Division's enforcement response,
> Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity
monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and
December, then toxicity testing must be conducted during these months).
Should the permittee fail to monitor during a month in which toxicity monitoring, ts required, then monthly monitoring will
begin immediately until such time that a single test is passed. Upon passing this monthly test requirement, the permittee will
revert to the quarterly months specified in tkhe permit. Please note that your permit may or may not contain this language.
If. your NPDES Permit specifies episodic monitoring, and your facility does not have a discharge from January 1-June 30,
then you must providewritten notification to the Environmental Sciences Branch by June 30 that a discharge did not occur
during the first. six months of the calendar year. .
1;&& If you receive notification from your contract laboratory that a test was invalidtited, you should immediately notify the
Environmental Sciences Branch at [phone] and provide written documentation indicating why: the test was
invalidated and the date when follow-up testing will occur,
If your facility is required to conduct toxicity testing during. a month in which no discharge occurs, you should complete the
information block located at the top of the AT form indicating the facility narne„ permit number, pipe number, county and
the rnotithlyear of the subject report, You should also write No Flow- on the AT form, sign the form and submit following
normal procedures.
The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities
which have not received a facility' classification, in these. cases, a duly authorized facility representative must sign the AT
form. 'The AT form must also be signed by the performing lab supervisor.
To determine if your AT test forms were received on time by the Division of Water Quality, vou may consider submitting
vonotoxicitv test results certified mail.. return receipt requested to the Environmental Sciences Branch.

CE....__:.RIFLED MAIL
Rl i'Ul ly RBCEW
NESTED
Mr: James L. Patterson
First Union Commons
2810 One First Union Center
Charlotte, NC 28202-6021
SUBJECT:
Governor
4V'ill'�am C. Ross, Jr., Sectetary
Department of Environment and Natural Resources
Alan W. KYumek, P.E., Director
Division `of W atc'r Quality
May 2S, 2003
7402. !oOO OO+ C?3611 Z3
NOTICE OF VIOLATION
Effluent. Toxicity Testing
NPDES Permit No, NC0086886
First Union Commons Treatment Foci
Mecklenburg County
Y
Dear Mr. Patterson:
'his is to inform you that the Environmental Sciences B violation ranch 3s not ©f Tiitle4eived your l5A of the Northty sett --
Ca Carolina
monitoring report form for the month of March _OOction .0506 (a)(1)(A) which states that "monthly monit©Ming
Administrative potCoed. Chapter a Subchapter 2B,
reports shall be filed no later than 30 days after the end of the reporting period for which the report was made.'
Furthermore, there ts.not a Dischar e MonitoringReport (DMR) in Central Files for March submit an
to indicate
that a chronic toxicity test was cpnducted, Please
` s office de uring at a montur h tnESwh which toxicity test'sngtis required,ts
Aquatic sSoToxicity Self -Monitoring Form to t 27, 2003, Mr. Kevin Bowden regardless of whether a discharge occurs from the facility. On May
office contacted Mr. Bruce Reilly with. MACTEC to discuss toxicity reporting issues at this facility.
Please rerllember that reporting of tolRcponttand thoring �Taxir;ity Rcportingis a dual 'Forni To.
Report
s
testxicity
results muss be entered your Discharge Monitoring
Form) mustdbe submitted to: 'DWQSB, 1621 Mail Service Center, Raleigh NC 27699-1621 within the
required time frame
You will be considered noncompliant with the reporting monstration tt©r he Environmental Sciences in your Branch Permit
for the month of March 2003 until you make acceptable
office
withinrequiredsub'ethe 30 day reporting Period- Please e a s
that late and/or non -re ortin� of to s
Division.,
o and re
The reverse side of this Notice contains a summary of imp ortin«
orta Qesrninpv thisP
Notice, please
requirements. Please read this one page summary and if you have any questions concerning
contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at [phone].
Sincerely.
cc: Rex Gleason- Moor Reicanal Office
John Lesley- Mooresville Regional Office
Aquatic Toxicology Unit Files
Central Files
rss nt Water Quality Section Chief
for Environmental Sciences
A
I3E`
Customer Service
800 623-7748
Environmental Sciences Branch
1621 Mail Service Center Raleigh, NC 27699.1621 (919)7

WFIOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION
▪ The following are provided in an tion o assist you with identifying critical and .sometimes overlooked toxicity
teiting 'and reporting. tnforrnatiou. Please take time to review this information. The items below do not address or include
all the toxicity testing and re.portinzrequirem.ents contained in vour NPDES permit. If you should have any questions
about your toxicity testing, requirement., please contact Mr. Kevin 'Bowden with the Aquatic Toxicology Unit at (919) 733-
2136 or another Unit representative at the same number,
The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that
toxicity repon forms are appropriately filed.
The reporting of whole effluent toxicity testing data is a dual reuuirement, All toxicity test results must be entered (with the
appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to:
North Carolina Division of Water Quality
Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617
IN ADDITION
Toxicity test data (original "AT' form) rnust be submitted to the following address:
North Carolina Division of Water Quality
Environmental Sciences Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
> ToxicityToxicitv testshall be filed with the EnvironmentalSciences Branch no ha 0 days after the .nd of
reporting rind (eg, January test result is due by the end of February).
• Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing
upon failure of any single quarterly toxicity test, if the initial pass/fail test fails or if the chronic value is lower than the
permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two
months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple
concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single
concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives
effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response.
Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity
monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and
December, then toxicity testing must he conducted during these months).
> Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will
begin immediately until such time that a single test is passed. Upon passing this monthly test requirement, the permittee
revert to the quarterly months specified in the permit. Please note that your permit may or may not contain this langu.age,
If your NPDES Permit specifics episodic'monitoring and your facility does not have a discharge from January I. -June 30,
then you must provide written notification to the Environmental Sciences Branch by June 30 that a discharge did not occur
during the .first six months at the calendar year,
> It you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the
Environmental Sciences Branch at (91.9) 733-2136 and provide. written documentation indicating why the test was
invalidated and the date when follow-up testing will occur,.
If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the
information block located at the top of the AT form indicating the facility name, permit number, pipe nurnher, county and
thc month/year of the subject report. You should also write No How" on the AT form, sign the form and submit following
normal procedures.
▪ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities
which. have not received a facility, etas.si fication, in these cases., a duly authorized facility representative must sign the AT
form. The A.T form must also be signed by the performing, lab supervisor,
To determine if your AT test forms were received on time by the Division of Water Quality. vou may considersubmitting
your toxicity test results certified mail, return receipt requested to the Environmental Sciences Branch.

CERTIFIED MAIL
RETURN RECEIPT RE�1t1LSTED
Mr. James L. Patterson
First Union Commons
7810 One First Union Center
Charlotte, North Carolina 28202-6021
SUBJECT:
Michael F. Easi"ey
Governor'
William G. ft,ss, Jr., Secretary
Department of Environment and Natural hesources
Alan W. Klimek, P.E., Director
Division of Water Quality
February 28, 2603
7cgq . 400 me)/
NOTICE OF VIOLATION
Effluent Toxicity Testing
NPDES Permit. No. NC0086886
First Union Commons Treatment Facility
Mecklenburg. County
7
Dear Mr. Patterson:
xicity
This is to inform you that the Environmental 2002;however, the report
Branch
received
forrn was received late, This
monitoring report form for the month of December 2, Subchapter
is in violation of Title 15A of the North Carolina Administrative Rs shall be fileclpnorlater than 30 daysafteraftertion
the
1 A which states that "monthly monitoring P
.�Sf36 �(a)( )� )
end of the reporting period for which the report was made."
Information contained on your December 2002 DMR indicates
dica es that
. was xic hed to your
icity test was
conducted December 17. We noticed that the Aquatic Toxicity
TestDecember D1v1R in Central Files. Your November and December 2002 DM -Rs were received late by
Central Files on Februaryl9.
Pease ensure that Aquatic'Toxicity Test Forms re ub th NC,d para7e ly from
your DM°1Rs
and are mailed to: DWQIESB,1621 Mail Service
in
You will be considered noncompliant with the
reportingt e quire e tstcontained th En yoonmPDES
ental
Permit for the month of December 2002 until you makePl
Sciences Branch that the report form was submittedelfr©n�or� data se tub the
required
iti°��e e� °nV
rri
period. Late and/or non-repgrtsn of CrJtcttV
rauthority of the Division.
rnotoring and re
The reverse side of this Notice contains a summary
aortant y quo©tionsyconcerning this Nor©e,yn4
requirements. Please read this one page summand if ar}you have
please contact Mr, Kevin Bowden with the Aquatic Toxicology Unit at [phone],
tcerely,
cc: Rex C,leason- Moore sville Regional Office
John Lesley- Mooresville Regional Office
Aquatic Toxicology Urait Files
Central Files
Overton
Assistant Water Quality Section Chief
for Envirclnrnental Sciences
1621 Maii Service Center Raleigh, NC 2769'9.1621 (919) 7;33v21 6
C
Customer Service
Environmental Scien

WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION
> The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity
testing and reporting information. Please take time to review this information. The items below do not address or include
all the toxicity testing, and reporting requirements contained in Your NPDES permit If you should have any questions
about your toxicity testing requirement, please contact Mr, Kevin Bowden with the Aquatic Toxicology Unit at (9 l9) 733-
2136 or another Unit representative at the same number,
• The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirementand that
toxicity report forms are appropriately filed.
> The reporting of whole effluent toxicity testing data is a dual requirement, All toxicity test results must be entered (with the
appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to:
North Carolina Division of Water Quality
Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617
IN ADDITION
Toxicity test data (original "AT'" form) must he submitted to the following address:
North Carolina Division of Water Quality
Environmental Sciences Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
• Toxicity test results shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the
reporting period (eg, January test result is due by the end of February),
>. Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing
upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronicvalue is lower than the
permit limit, then. at least two multiple concentration toxicity tests (one per month) will be conducted over the following two
months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple
concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single
concentration toxicity testingor multiple concentration toxicity testing per the Division's WET enforcement initiatives
effective July 1, 1999. Follow-up .multiple concentration toxicity testing will influence the Division's enforcement response.
> Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity
monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June., Septernber, and
December, then toxicity testing must be conducted during these months).
Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will
begin immediately until such time that a single test is passed, Upon passing this monthly test requirement, the permittee will
revert to the quarterly months specified in the permit. Please note that your permit may or may not contain this language.
> If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30.
then you must provide written notification to the Environmental Sciences Branch by June 30 that a discharge did not occur
during the first six months of the calendar year.
> If you receive .notification from your contract laboratory that a test was invalidated, you should immediately notify Inc
Environmental Sciences Branch at [phone] and provide VOr ritten documentation indicating why the test was
invalidated and the date when follow-up testing wilt occur,
• If your facility is required to conduct toxicity testing during a month in Which no discharge occurs, you should complete the
information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and
the .monthlyear of the subject report. You should also write No Flow" on the AT form, sign the form and submit following
normal procedures,
The Aquatic Toxicity Test forms ,shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities
which have not received a facility classification. In these cases, a duly authorized facility representative must sign Inc AT
form, The AT form must alsobe signed by the performing lab supervisor.
To determine if your AT test forms were received on time by the Division of Water Quality, vou m.avmonsider submit .,5r
your toxicity test results certified m4jL return receipt requestedto the .Environmental. Sciences Branch.

February
2003
Michael F. Easley
Governor
WiIliarn G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W, Kiirnek, R.E.„, Director
Division of Water Cival'ity
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 70QQ 3 400 0 oft 0 S534-
Mr. James L. Patterson
First Union Commons
2810 One First Union Center
Charlotte, North Carolina 28202-6021
SUBJECT:
NOTICE OF VIOLATION
Effluent Toxicity Testing
NPDES Permit No. NC0086886
First Union Commons Treatment Facility
Mecklenburg County
Dear Mr. Patterson:
This is to inform you that the Environmental Sciences Branch has received your toxicity
self -monitoring report form for the month of October 2002; however the report form was received
late. Likewise, our office has not received your November 2002 toxicity self -monitoring report
form. This is in violation of Title ISA of the North Carolina Administrative Code, Chapter 2,
Subchapter 2B, Section .0506 (a)(l)(A) which states that "monthly monitoring reports shall be
filed no later than 30 days after the end of the reporting period for which the report was made."
You will be considered noncompliant with the reporting requirements contained in your
NPDES Permit for the months of October and November 2002 until you make acceptable
demonstration to the Environmental Sciences Branch that the report forms were submitted to this
office within the required 30 day reporting period, Please be advised that late and/or non -
reporting of toxicity self -monitoring data subjects you to the enforcement authority of the
Division.
T'he reverse side of this Notice contains a summary of important toxicity monitoring and
reporting requirements. Please read this one page summary and if you have any questions
concerning this Notice, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at
[phone].
Sincerely,
Overton
Assistant Water Quality Section Chief
for Environmental Sciences
cc: Rex Gleason- Mooretivilte Regional Officr
John Lesley- Mooresville Regional Office
Aquatic Toxicology Unit. Files
Central Files
N DENR
Customer Service
so0 623-7748
Environmental Sciences ®ranch 1621 Mail Service Center Raleigh, NC 27699-1621 [phone]

WHOLE EFFLUENT TOXLCITY MONITORING AND REPORTING INFORMATLON
The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity
testing and reporting information. Please take time to review this information. The items below do not address or include
allthetokity testingand re ortin re uirements contained in Your NPDES errnit. If you should have any questions
about your toxicity testing requirement, please contact Mr, Kevin Bowden with the Aquatic Toxicology Unit at (919) 733-
2136 or another Unit representative at the same number.
> The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that
toxicity report forms are appropriately tiled,
> The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the
appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to:
North Carolina Division of Water Quality
Central Files
1617 Mail Service Center
Raleigh, NC 27699.-1617
IN ADDITION
Toxicity test data (original "ATform) must be submitted to the following address:
North Carolina Division of Water Quality
Environmental Sciences Branch
1621. Mail Service Center
Raleigh, North Carolina 27699-1621
> Toxicity test results shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the
reporting period (eg, January, test result is due by the end of February),
• Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing
upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the
permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two
months. As many analyses as can be completed will be accepted, If your NPDES permit does not require use of multiple
concentration toxicitytesting upon failure of any single quarterly test, you may choose to conduct eithersingle
concentration toxicity testing or multiple concentration. toxicity testing per the Division's WET enforcement initiatives
effective July 1, 1999,, Follow. -up multiple. concentration toxicity testing will influence the Division's enforcement response.
Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity
monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and
December, then toxicity testing must be conducted during these months).
Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will
begin immediately until such time that a single test is passed. Upon passing this monthly test requirement, the permittee will
revert to the quarterly months specified inthe permit. Please note that your permit may or may not contain this language.
if your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January. I -June 30,
then you must provide written notification to the Environmental Sciences Branch by June 30 that a discharge did not occur
during the first six months of the calendar year.
If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the
Environmental Sciences Branch at [phone] and provide written documentation indicating why the test was,
invalidated and the date when follow-up testing will occur,
If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the
information block located at the top of the AT form indicating the facility name, permit number„ pipe number, county and
the month/year of the subject report, You should also write -No Flow" on the ,AT form, sign the form and submit following
normal procedures.
• The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities
w.hich have not received a facility classification, In these cases, a duly authorized facility representative .must sign the AT
form, The AT form must also be signed by the performing lab supervisor.
To determine if your AT test forms were received on time by the Division of Water Quality, v.ou may considor suhnutting
your toxicity test results certified mail, returnreceipt requested to he Environmental Sciences Branch.

r. Bruce Re
LWGIP
2801 Yorkmont Road, Suite I00
Charlotte, N.C. 28220
704 357-8600
December liy, 7)7
Subject: Notice of Deficiency
Toxicity Self %Ionitoring'Results
Law -First Union
NPDES 200d
Mecklenburg County
Reilly.
r..E.xra
office previously contacted you regarding failure to sign the toxicity report form
for the tnontlt of Tune 2002 for the subject facility. Our office has since received a signed copy
of he 6/2002 toxicity test. However, our office has again received a toxicity test that was
conducted on /23I0 , which was also not signed by the OR ,
This letter is to inform y°ou that the Septemher 2002 data cannot be evaluated for
compliance until this office receives the appropriately signed toxicity test form. Please sign and
submit the September, 2002 report form to our office immediately. Failure to submit these
�v results and future test results, which; are not signed by the operator in responsible charge,
may result in the issuance of a Notice of Violation for monitoring deficiencies.
info
Thank you for your attention to this matter. If I can provide you with any ford
inon or clarification, please contact me at (91 733 "? I36.
cc: Rex Cilia
Central
Sincerel
NIRO
es- Pace al p tip
E ulroner Ett siscierEce
h
hn Citorgino, Biologist
Aquatic Toxicology Unit
rater Ri4e`sgh, NO 7699Mt621

- SUBJECT;
November 26, 2002
CERTIFIED MAJI-
RETURN R.ECEIP'TmREQUESTED 70Q q 3400
Mr. James L. Patterson
First Union Commons
2810 One First Union Center
301 S. College Street
Charlotte, North Carolina 28202
NOTICE OF DEFICIENCY
Effluent Toxicity Testing
NPDESPermit No. NC0086886
First Union Commons Rernediation Facility
Mecklenburg County
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P,E., Director
Division of Water Quality
if ,vs-o
5d7�
Dear Mr. Patterson;
This is to "inform you that the Division has received your quarterly toxicity self -monitoring report form
for September 2002; however, the report form was not filed with the Environmental Sciences Branch. A.
--representative from this office located a copy of your September 2002 Aquatic Toxicity Test form attached to
your September Discharge Monitoring Report. Please be reminded. that reporting of toxicity testing -data is a
dual reouirement and that Aquatic Toxicity (AT) report forms must be submitted to the following address:
North Carolina Division of Water Quality
Environmental Sciences Branch
1621 Mail Service Center
Raieigh , North Carolina 27699-1621
Monthly DMRs shall be sent to Central Files (address on back of page) and quarterly. AT report forms
shall be sent to this office (1621, Mail Service Center).
Our files contain correspondence dated 8/23102 from this office to First Union Commons citing a
similar situation that occurred with the June 2002 toxicity self monitoring data. Please review and modify your
procedures for reporting of toxicity self -monitoring data such that Aquatic Toxicity Test Forms are sent to the
address above.
The reverse side of this Notice contains a
requkremertts. Please read this one page summary
aspect of your toxicity testing requirement, please
[phone].
summary of important toxicity monitoring and reporting
and if you have any questions concerning this Notice or any
contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at
cc: Rex Gleason --Mooresville Regional Office.
John LLesley-Mooresville Regional Office
Aquatic Toxicology Unit Files
Central Files
rJCDENR
Customer Service Environmental Sciences Branch
1-800-623.7748
Sincerely,
Overto
ssistant Water Quality Section Chief
for Environmental Sciences
Raleigh, NC 27699-1621 (919) 73'3-2'136

WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION
> The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity
testing and reporting inforrnation. Please take time to review this information. The iternsj1ow do o addr s include
all the toxicit-v testin and e n : ontained i r NPDES ' , If you should have any questions
about your toxicity testing requirement, please contact Mr Kevin Kevin Bowden i e Aquatic Toxicology Unit at (919) 733-
2136 or another Unit representative at the same number.
• The permitis responsible for ensuring that toxicity testing is conducted according to the permit requirement and that
toxicity report forms are appropriately filed,
• The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the
appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to:
North Carolina Division of Water Quality
Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617
IN ADDITION
Toxicity test data (original "AT" form) must be submitted to the following address:
North Carolina Division of Water Quality
Environmental Sciences Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
> Toxicitv test results shall he filed with the Environmental Sciences Branch h 0 days after the nd
reporting period (eg, January test result is due by the end of February),
• Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing
upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the
permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two
months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple
concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single
concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives
effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response,
> Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity
monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and
December, then toxicity testing must be conducted during these months).
> If your NPDES Permit specifies. episodic monitoring and your facility does not have a discharge from January 1-June
then you must provide written notification to the Environmental Sciences Branch by June 30 that a discharge did not occur
during the first six months of the calendar year,
• If you :receive notification from your contract laboratory that a test was invalidated, you should immediately notify the.
Environmental Sciences Branch at (9'19) 733-2136 and provide written documentation indicating why the test was
invalidated and the date when follow-up testing will occur,
• If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the
information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and
the mon.th/year of the subject report. You should also write "No Flow' on the AT form, sign the form and submit following
normal procedures,
The Aquatic Toxicity Test formsshall be signed by the facility's Operat r in Responsible Charge (ORC) except for facilities
which have no: received a facility classification, in these eases, a duly authorized facility representative must sign the AT
form he AT form must also be signed by the performing. lab supervisor,
To determineif your AT test forms Were received on time by the Division of Water Quality, y000 may consider submitting
your toxicity test resultssertitied iij.L return receipt requested to the Environmental Sciences Branch.

Michael F. Easley
Governor
William G. Ross, Jr-, Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P,E., Director
Division of Water Quality
76gq
Mr, James L. Patterson
2810 One First Union Center
301 S. College Street
Charlotte, North Carolina 28202
SUBJECT: Effluent Toxicity Testing
NPDES Permit No, NC0086886
First Union Commons Remediation Facility
Mecklenburg County
Dear Mr. Patterson:
This is to inform you that the Division has received your quarterly toxicity self -monitoring report
form for June 2002, however, the report
ast3ue�2a 2 Aquaticwith the 1Tox4c Toxicity tiform Branch. A
taehed to
representative from this office located a copy of your n
your: June Discharge Monitoring Report. Please be reminded that reporting of toxicity testing data is a
dual rertuirement and that Aquatic Toxicity (AT) report forms must be submitted to the fallowing address:
North Carolina Division of Water Quality
Environmental Sciences Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Monthly DMRs shall be sent to Central Files (address on hack of page) and quarterly AT report
forms shall be sent to this office (1621 Mail Service Center),
Mr, Lance Ferrell from this office spoke with N. Bruce Reilly of Law Engineering concerning
another deficiency with the June 2Q02report
Pithe
farmeon ©O�2 dgdh ©fac li y's include y©RC
our
ORC's signature. lvir. Reilly was requested o submit antherreport
signature. The report form must be submitted to the address listed above. I appreciate your assistance in
following up an this request.
ng
The reverse side of this Notice contains sunimand ify of youhavepany' qutrrtant ©titcity ans concerning th�allot© reporting
any
requirements. Please read this one page summary y
aspect of your toxicity testing requirement, please contact Mr. Kevin Bowden with the. Aquatic Toxicology
Unit at [phone].
cc: Rex Gleason -Mooresville Regional 4 ffic4
John Lesley -Mooresville Regional Office
quatic Toxicology Unit Files
ntral Files
NCDEo R
Customer Service Environmental Sciences Branch
711 51
Sincerely,
As s i t Water Quality Section Chief
for Environmental Sciences
1621 Mail. Service Center
Raleigh, NC 27699-1621 [phone]

WHOLE EFFLUENT TOXICITY !MONITORING AND REPORTING INFORMATION
• The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity
testing and reporting infomiation. Please take time to review this information. The items below do not address or include
II the toxicitv testin and reportine reciuhenients contained in your NPDES ermit. If you should have any questions
about your toxicity testing requirement, please contact M. Kevin Bowden with the Aquatic Toxicology Unit at (919) 733-
2136 or another Unit representative at the same number,
> The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that
toxicity report forms are appropriately filed.
• The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the
appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to:
North Carolina Division of Water Quality
Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617
IN ADDITION
Toxicity test data (original "A7 form) must be submitted to the following address:
North Carolina Division of Water Quality
Environmental Sciences Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
> Toxicity test results shall be tiled with the Environmental Sciences Branch no later than 30 days after the end of the
renortine period (eg. January test result is due by the end of February).
> Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing
upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the
permit limit, then at least two multiple concentration. toxicity tests (one per month) will be conducted over the following. two
months, As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple
concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single
concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives
effective July 1, 199.9, Follow-up multiple concentration toxicity testing will influence the Division's enforcement response.
Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity
monitoring requirements (eg, if the testing months specified. in your NPDES permit are March, June, September, and
December, then toxicity testing must be conducted during these months).
If your NPDES Permit specifies episodic . onitoring and your facility does not have a discharge from January 1-June 30,
then you must provide written notification to the Environmental Sciences Branch by June 30 that a discharge did not occur
during the first six months of the calendar year,
> if you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the
Environmental Sciences Branch at [phone] and provide written documentation indicating why the test was
invalidated and the date when follow-up testing will occur.
• If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the
information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and
the month/year of the subject report. You should also write "No Flow" on the AT form, sign the form and submit following
normal procedures.
> The Aquatic Toxicity Test formsshall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities
which have not received a facility classification. In these cases, a duly authorized facility representative must sign the AT
form.. The AT form must also be signed by the performing lab supervisor.
> To determine if your AT test forms were received on time by the Division of 'Water Quality, you rnav consider su, lying
your toxicity test results certified mail, return receipt requested to the Environmental Sciences Branch.

c'..; SENDER:
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o. 3. Article Addressed to.
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ad013AN iO dal 1V 113>1011S 301fld
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PS Form 3811. July 1999
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item 4 if Restricted Delivery is desired.
is Print your name and address on the reverse
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Pipe
County Mec,iClenburg
Comments
Nat Aerates' U
Civ, of Water
N.C. DEW,
1621 Mail Service Center
Paielg7, Ncrtf Carolina 27650-1E21
Method ter" Determination
Avg. Protet
t1 3 tTtitr
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Concentration
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REPORT OF 1RY" ANALYSIS
This report shall not be repro :iced, except in full,
without Me written consent at Pace Analytical Services,14c
pH
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8 26‘02
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start/end
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MAIL ORIGINAL TO:
North Catalina Cerociachnra C17rapic PassiFail Reproduction Toxicity Test
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Pace Analytical Services, Inc,
2225 Riverside
4shevule, NC 2.5i56-
Phone: 825,25-:.T TS
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County Mecktendu
Comments
Rank Sum 79.5
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COY, of Water Quality
N,C. CENR
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REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without tie written consent of Pace Analytical Services, Inc.
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Fiat Union Cornmons NPQ'ES*NC 00868§6
Ferfor + Test PACE Analytical Services, Inc..
Inforrtlatian
Collection Start Cate
G
Compcsite (Duration
Hardness (tst+
Ss eo. Cond. (µrnhostcrn
Chla;r,e (rn
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Control
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Effluent%
# Young
# Young
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MAIL A
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pie 1 Sam 2
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Organrsrn *
2 3 4 5 6 7
1 27 24 25 27 '2t
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Comments::
Pus Am?iyrical ePI*i es, inc.
2225 Riverside Drive
Asheville, NC 28804
Phone:: 828,254.7176
Fax: 828, 2.52, 4618
County Mecklenburg
Treatrnerrt 1t tuv
pH Initial 8.1 8.2
pH Final 8,9 8.2
0.0, Initial 8,9 8.9
D.O. Final 8.6 8.5
Temp. initial 24,9
Tema. Final 24.8 , #
2 3 4 5 6 7 8 9 10 11 12 mean
0 29 3O NA NA
I:2 7.9
l,8 7.9
9,6 7.7
4.6 24
6.1 24.i
Final Control Mortality
% Control with 3rd Brood 1
Control Repraduciion CVJS.2
48 Hour Mortality
2 3 4 5 6 7 8 9 10 man Method: Stems" Marty One Ranh
28 24 18 25 27 24 20 2f3 30 23.8 Normal t isttab7 No Method: Kolmogaray D
L L—. L, L L L statistic: Critii: I.rsa
4 5 6 7 8 9 10 m Non -Parametric Analysis (i'f ap lioattlet'
ne 8
f y, tit vya¢er Ir uatay
N.C.DENR
1621 Mail Service Center
Raleigh, NC 27E99-1621
1.aboratoEY Cert ticatiort l01
NC Wastewater 40
NC Drinking Water 37712
contents
cancenuO. > 5.0
mpiL
. * % Reduct.on fr n, Gpntaod
Reprt3riuCZion Mean
Rani[ Sum
45 127,0
65 117,5 75,0
90 86.5 75.0
95 55.0 75,0
Iri 5S_1 75.0
yera Anal sis:
Result = PSS/FAL or
Test LOEC= 9 °
Chronic Value =
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
*knout the written consent of Pace Anal
Laborator&Certtficatipn IDs
TN Drinking Water 02980
Enmental 99030

Fa
a
ace Analytical
www: pacelabs.cem
uent Aquatic Toxicity Report Fora JPhase II Chronic Ceriodaphnia
tY
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First Union
Perfring Test PAC
Sample (nforttation
Collection Start Date
Grab
Composite (Duration
Hardness (mg/L
Spec. Cond. (µmhos/cm
Chlorine (mgiL
Sample Temp. at Recei
Control
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Pace Analytical Services, Inc.
2225 Riverside Drive
Asheville, NC 28804
Phone: 828.254, 7175
Fax: [phone]
0086886 Pipe# County Mklenbu
es, Inc. Comments: T1ae organism in replicate 2 waa
28
30
26
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NA,
NA
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pH Initial
pH Final
D.O, Initial
D.O. Final
Temp, Initial
7
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NA
NA
8 9 10 11 12 me
6 7 8 9 10
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29 , 24 14 24 18.9
MAIL,
TO:
TT Environmental Sciences Branch
Div, of Water Quality
N.C.DENR
1621 Mail Service Center
Raleigh, NC 276G9-1621
Laboratoryerti111 at1061 it
NC Wastewater 40
NC Drinking Water 37712
iteviewed TU
%Rec7
24.7
Should use highest test
cnnce.nt,,k n cr hicyhes¢
concentration with O.0. >5.6
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Chronic Test Results
Final Control Mortality e 0
% Control with 3rd Brood 100
Control Reproduction CV 12.1
rnotrol.
0 n
Sign ticant'7
Flint t¢Jtanail!W Sizinbrl
Reproduction Araalyais:
Reproduction LQEC=
Method: UYtiI
Norm
Parame
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Effluent%
>1
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Yes tvtethoc: K©Imogor'ov D
a.869
it Analysis (if aoplicable}:
Rank Sum Critical Sum
45 133.0 74.L
65 108.0 74.0
90 96.5 61.0
95 89.5 74.0
00 77.5 74,0
arerall Anasis.
Result = PASS/FAIL or
Test LQEC= >100 % a NCEC=
Chronic Value = >too
REPORT OF LABORATORY ANAL'*
This report shall not be reproduced, except in full,
written consent at Pace Analytical Services, I
EVE
ienI
inking Water 02980
SC Environmental
k 0 L. 2003.
99030
la' Sciences Branca

�+ j j Pace Analytical Services, Inc..
tr � � �� I��� 1 � 2225 Riverside Drive
ay
Faoiiity: First Union
Asheville, NC 28804
1 i6
www.pacel atii t Toxicity Report AT-1 Form Chronic Pass/Fail and Acute LC coFes:ne: 82828.8.252254.4&1T8
Date 1 /2/03
NPD S NC 0086886
MAIL ORIGINAL TO:
Cenodaphnia Chronic Pass/Fall Reproduction Toxicity Test
ORGANISMS 1 2 3 4 5 6
Young Produced
4dult (L)ive (D)ead
Effluent%
=_Al
94
Produced 27
Adult (L)ive (D)ead
py
0,0
Control
Treatment
Control
Treatment
fidence
%
Tested: Ceriodaphnia
Laboretpry Gel ification IDs
NC "astewaaer 40
NC drinking %rater 37712
25
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n
4
1st
7.7
8.2
7.9
a
1st
7.9
7,8
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23
Method of Deter
Moving Avg, Probst
County Mecklenburg
Not Aerated Llnie Othe Not
Environmes'ttal Sciences Branch
Div. of Water Quality
N.C. DENR
1621 .Mail Service Center
Raleigh, North Carolina 27699-1621
7
31
L
2nd
a
2nd
8.0
8.0
Spearman
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co vs,
p,�oduc,rwp 3rd rx'�
SarnoOe 2
Spec, Cond. (umhosl
Concentration
Mortality
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Serves, tncr
Chlanne P"ng/IJ
nd
29.10
Treatment 2
27.30
PA S Fa
Cncsalete This
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TN Drinking Wets
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end
9

919 North vhiin Street
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. James L. Patterson
First Union Commons
2810 One. First Union Center
301 S. College Road
Charlotte, North Carolina 28202
SUBJECT:
Dear Mr Patterson:
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Mooresville, North Carolina 28115
February ?. , L.004
7003 2260 0001 3491 1920
NOTICE OF VIOLATION
Effluent Toxicity Testing
NPDES .Permit Non NCOO86886
First. Union Commons Treatment Fac
Mecklenburg County
Thts i to inform you that a review of your toxicity self-tnonitcritag report form for the month of
December 2003 indicates a violation of the toxicity limitation specified in your NPDES Permit.
You should take whatever remedial actions are necessary to eliminate the conditions causing the
effluent toxicity violation(s),. Your efforts may include conducting a Toxicity Reduction Evaluation
(TRE) which is a site -specific study designed to identify the causative agents of effluent toxicity, isolate,
the sources of toxicity, evaluate the effectiveness of toxicity control options, and then confirm reductions
in effluent toxicity. Please be aware that North Carolina General Statutes provide for assessment of civil
penalties for violations of NPDES pennit limitations and requirements.
The reverse side of thisNotice contains important .information concerning your Whole Effluent
Toxicity Monitoring and Reporting Requirements. Please note updated mailing addresses for subm,irt
your Discharge r11oriitoring Reports (DMRs) and Aquatic Toxicity (AT) Test Forms, We encourage you
to review this information and if it would be helpful to discuss this situation or possible solutions to
resolve effluent toxicity noncompliance, please contact Mr, John Lesley with this office at (704) 663.-
1.699.
Sincerely,
D. Rex Gleas
Regional Wate
Aquatic To ology Unit
Central Files
upervisor

l'VHOLE EFFLUENT TOXIC -ill( MONITORING AND REPORTING INFORMATION
The following items are provided in an effort to assist you with identifying critical and Sometimes overlooked
toxicity testing and reporting information, Please take time to review this information, The items below do not
address or include all the toxicity testing and reportim.requirements contained in your NPDES permit. If
you should have any questions about ,-tour toxicity testing requirement, please contact Mr, .Kevin Bowden with the :Aquatic Toxicology Unit at [phone] or another Unit representative at the same number.,
The permittee is responsible for e.nsuring that toxicity testing i.s conducted a.ccording to the permit ent
and that toxicity report forms are appropriately filed.
The reporting of vhole effluent toxicity testing data is a dual. requirement: Ail toxicity test results must be
entered (.,vith the appropriate parameter code) on your .monthly Discharge iMonitoring Report which is
submitted to:
North Carolina Division or Water Quality
Central Files
161.7 Mail Service Center
Raleigh„ NC 27699-1617
IN ADDITION
Toxic v test data (original "AT" form) must be submitted to the following address:
North Carolina Division of WaterQuality
Environmental Sciences Branch
1621. Mail Service Center
Raleigh, North Carolina 27699-1621
Toxicity test results shallbe filed with the Environmental Sciences, Branch..no later th.an 30 days after the end
of the reporting period (eg„ January test result is due by the end of February),
Toxicity test condition language contained in ,your \PDES permit may require .use of multiple concentration
toxicity testing upon failure of any single quarterly toxicity test, If the initial pass/faii test fails or if the chronic
value is lower than the permit limit, then at least two multiple concentration toxicity tests (one per month) will
be conducted over the following two months. As many analyses as can be completed will be accepted. It your
iNTDES permit does not require use of multiple concentration toxicity testing upon failure of any single
quarterly test, you m.ay choose to conduct either single concentration toxicity testing or multiple concentration
toxicity testing per the Division's WET enforcement initiatives effective luly 1, 1999, Follow-up multiple
concentration toxicity testing will influence the Divisionl.s enforcement response,
Toxicity testing months are specified by the NPDES Permit,except for NPDES Permits vh.ich contain episodic
toxicity monitoring requirements Peg., if the testing months specified. in your NPDES permit are March,. June,
Septerriber„ and Decern.ber then toxicity testing must he conducted during these months).
If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-
June 30„ then you must provide written notification to the Environmental Sciences Branch by June 30 that a discharge did not (Kau during the first ix months of the calendar year.
If you receive notification from your contract laboratory Haat a test was invalidated, you should immediately
notify the Environmental Sciences Branch at [phone] and provide written documentation indicating livny
the test was invalidated and the date when follow-up testing will occur,
If our facilityis required to conduct toxicity testing during a month in which no discharge occurs, you .should
complete the information block located at the top of the \T form indicating the facility name, permit number,
pipe number, county and the month ear of the .subject report. You should also write 'No Flow" on the ,\T
form., sign the form and submit following normal procedures.
The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except
for facilines which nave not received a facility classification, In thee cases, a duly authorized facility
representative In US t sign the AT .form. The AT form must also be signed by the performing lab supervisor,
To determine if your AT test .forms were received on time by the Division of Water Quality, volt may consider
submittinz your toxicity test results certified mail, return 'receipt requested to the Environmental Sciences
Branch.

Michael F F2sley, ve
William G. Ross Jr„ Secretary
North Carohna Department of Environ,ment and Natunit Resources
Alan W. Klimek„. P. E. Director
Division of Water Quality
Coen H Sullins. Deputy Director
Division of Water Qualiry
February 6, 2004
Mr. James L. Patterson, Property ger
First Union Commons
2810 One First Union Center
301 S. College Street
Charlotte, North Carolina 28202
SUBJECT: Compliance Evaluntion Inspection
First Union Commons
401 S. Tryon Street
NPDES Permit No. NC0086886
Mecklenburg County, NC
Dear Mr. Patterson:
On January 22, 2004, Mr. David Rimer of the Mecklenburg County Water Quality
Program (MCWQP) conducted an inspection at the subject facility. This inspection was
conducted as part of a cooperative working agreement between Mecklenburg County and the
Division of Water Quality, The enclosed report should be self-explanatory.
If you have any questions concerning this report or any other matters, please do not
hesitate to call Mr. Richard Bridgernan or me at this Office.
Enclosure
cc: Rusty Rozzelle, MCWQP
DJR
File' WO V irg ionCogn nrOrw CO86886 004 dix:
Northeara I i na
Sincerely,
D. Rex Gleason„ P. E.
Water Quality Regional Supervisor
,Vaturally Division of Waler Quality, ,Mooresetlk Regional Office, 919 North Main Street, Mooresville NC 281.1f [phone] Customer Sen.tce
1-877-623-67,18

United States Environmental Protection Agency, Washington , DC 20460 Form .Approve
NPDES Compliance Inspection Report Arci OMB No. 2040-000
North Carolina Department of Environment and Natural Resources V A-- pproval Expires
NCDENR 7/31/135
Division of Water Quality,. Mooresville Regional Office
Section A: Na
ansaction
nal Data System Coding
Code NPDES Permit No, YR/MO/DAY
5 NC0086886 04/01/22
Inspection Type
Inspector
Facility Type
Remarks:
Inspector Mecklenburg. Count
Inspection Wark Days Facility Self -Monitoring Evaluation Rating. B
0.6 3
QA
N
Section B: Facility Data
Name and Location of Facility Inspected:
First Union Commons GWRS
401 S. Tryon Street
Charlotte, NC 28202
Name(s) of On -Site Representatives -----Titl
Mr„. Matt Gustits, MACTEC Project Manager
Mr, Dwain Snyder, MACTEC Field Technician
Name and Address of Responsible Official:
Mr. James L Patterson
2810 One First t...lnion Center
301 S. College. Street
( Charlotte, North Carolina 28202
7 Permit
Records/Reports
Facility Site Reiew
Effluent/Receiving Wat
Entry Titne:
0940am
Exit Time:
10:25 am
Date:
January 22, 2004
No(s):
(704) 3.57-8600
[phone]
Perinit Effective Date:
April I, 2001
Permit ExpirationDate:
June 30, 2005
Title:
Property Manger
Phone No.
[phone]
Section C:
Areas Evaluated During Inspection
Flow Measurement Z Operations & Maintenance
Z Self -Monitoring Program
Sludge Handling/Disposal
fl Compliance Schedules LI Pretreatment Program
Sec
LI Stormwater
n D: Summary of Findings/Comments
Contacted?
No
Seer Overflow
c Pollution Prevention
LI Multimedia
LI Other:
All areas are rated satisfactory unless otherwise indicated. See Attached Sheet(s) for Summary
Signature(s) of Inspector(s):
David. J. R]mer
nature of Reviewer:
Agency/Office/Telephone:
MCWQP1(704) 336-5500
Agency/Office
EPA Form 3560-3 (Revised 3-85) Pr
is Editions a
Obsolete
Date:
anuary 27, 2004
Date:

GENERAL:
The facility was last inspected on April 23, 2003 by Mr. David Rimer of the
Mecklenburg County Water Quality Program (MCWQP). A Compliance Evaluation Inspection
report was issued on May 6, 2003.
PERMIT:
The current permit properly describes the facility and appears adequate for the waste
stream being treated.
The facility treats groundwater through a dewatering treatment system that consists of a
surge tank, transfer pumps, bag filter system, two-I,000 pound granular activated carbon vessels
in series, flow meter, control panel, and associated piping and appurtenances.
MACTEC of Charlotte, NC operates the facility. Joe Vickers is the Operator in
Responsible Charge (ORC) for the facility. Mr. Vickers does not hold any NC Wastewater
Certification, which is acceptable because the facility is unclassified.
The current permit became effective on April 1, 2001 and expires on June 30, 2005.
RECORDS/REPORTS:
Discharge monitoring reports (DMR's) were reviewed for the period December 2002
through November 2003.
A Notice of Violation and Assessment of Civil Penalties for Reporting Requirement
Violations was issued on August 19, 2003 for failure to file the June 2003 toxicity self
-
monitoring report form within the thirty day reporting period. A previous Notice of Violation
and Civil Penalty Assessment for failure to report the October through December 2002 and
March 2003 toxicity self -monitoring report forms on time was issued on June 17, 2003. Notices
of Violations for failing to submit the April and May 2003 toxicity self -monitoring report forms
were also previously issued.
FACILITY SITE REVIEW:
The facility is permitted to discharge to the municipal storm water sewer which flows to
Little Sugar Creek, a Class C water in the Catawba River Basin.
All of the major components of the facility were in service and operating at the time of
inspection.

FLO EAU ENT:
Flow measurement is accomplished using a inechanical totalizer flow reeler, which was
installed new in April 2001. The flow meter has not been calibrated but should be calibrated at
least a .
LABO'_TORY:
Prism Laboratories, Inc. and ETT Environmental, Inc. pe orm alysis of effluent
samples. ples.. Prism Laboratories, Inc.. and ETT Environmental, Inc, are certified by the State of
North Carolina to perform ly°si on all parameters specified in the permit. Prism Laboratories,
Inc: and ETT Environmental, Inc, were not evaluated during this inspection.
EFFLUENT CEI G'WATE'
The facility discharges to the municipal
to Little Sugar Creek,
The discharge was clear at the time of i pectic n.
SELF-MON1TORINGPROGRAM:
sto
er sy
e w
h conveys the c ent
Discharge Monitoring Reports (D r were reviewed for the period DeTe ber 2002
through November 2003, The reports indicate that the facility was in compliance with permit
effluent limits and monitoring requirements during this period.
OPE N:
The facility l site appear to be adequately maintained.
st e
e current overall atmg
of the site operator appears acceptable for the size and type ofthe facility.

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
9f4f{)3
James L. Patterson
First Union Commons
2810 One First Union Ctr
Charlotte, NC 282026021
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment
First Union Commons
Mecklenburg County
Permit No: NC0086886
LT-2003-03()() (LT 03-001)
Dear De' Mr, Patterson::
This letter is to acknowledge receipt of check No. 1778 in the amount of $4,000,OO received from
you dated August 28, 2003. This payment satisfies in full the civil. assessment levied against the
subject facility and this case has been closed. Payment of this penalty in no way precludes future
action by this Division for additional violations of the applicable Statutes, Regulations, or Permits.
If you have any questions, please call Maurice K Bowden at 919-733-2136 Ext.253.
Sincerely,
For Coleen Sullins, Deputy Director
Division of Water Quality
cc: Enforcement File #: LT-2003-0300
Mooresville Regional Office Supervisor
Central Files
MacTec
2801 Yorkmont Road
Suite 100
Charlotte, NC' 28208
1617 Mail Service Center
Raleigh, NC 27699-1617 (919) 733-7
Customer Service 1 800 623-7748

North Carolina f. pa r sert1 f Env
June 1, 2003
CERTIFIED MAIL
RETURN RECEIPT R.EOUESTED
Mr, James L. Patterson
First Union Commons
28,10 One First Union Center
301 S. College Street
Charlotte, North Carolina 282
Vi
Michael F. Easley, Governor
William G. Ross Jr., Secretary
rsmnent and Natural Resources
Alan W. Klimek, RE, Director
Division of Water (Duality
JUN 2 2003
SUBJECT: Notice of Violation and Assessment of Civil Penalties for Repotting Requirement
Violations
NPDES Permit No. NC0086886
First Union Commons Treatment Facility
Mecklenburg County
LT 03-001
Dear Mr, Patterson:
This letter transmits a Notice of Violation and Assessment of Civil Penalty assessed against First Union
Commons in the amount of $
This assessment is based upon the following facts: the October through December 2002 and March 2003
toxicity self -monitoring, report forms. were not filed with the Environmental Sciences Branch of the
Division of Water Quality within the thirty (30) day reporting period in accordance with the monitoring
and reporting requirements contained in your NPDES Permit.
A previous Notice of Violation for failure to report the October and November toxicity self -monitoring
data on time was sent to the facility by certified mail dated February 3, 2003, A Notice of Violation dated
February 28, 2003 was sent to the facility by certified mail for the late December report. A Notice of
Violation dated May 28, 2003 was sent to the facility by certified mail for the late March 2003 report.
Based upon the above fact(s), 1 conclude as a n"tatter of law that First Union Commons violated or
failed to act in accordance with the requirements of G.S. 143-215.65. A civil penalty of not more
than $10,000.00 may be assessed against a person who fails to file, submit or make available any
documents, data or reports required by US,. 143-215.65.
Based upon the above facts(s) and conclusions of law, 1 hereby assess First Union Commons a
© to civil penalty for this fourth violation of G.S. 143-215.65, pursuant to the authority
delegated to me by North Carolina Environmental Management Commission Regulation 15 NCAC 2J
.003 and G.S. 1.43-21.5.6A(h). Any continuing violation(s) may subject you to additional penalties.
Environmental tctences Branch 1621 Mail Service Center Raleigh, NC 27699-1621 [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)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
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:
The duration and gravity of the violation;
The effect on ground or surface water quantity or quality or on air quality;
The cost of rectifying the damage;
The amount of money saved by noncompliance;
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; and
The cost to the State of the enforcement procedures,
Within thirty days receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the Department of Environment, Health, and Natural Resources
(do not include waiver form). Payment of the penalty will not foreclose 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 27699-161.7
OR
Submit a written request for remission or mitigation including a detailed justification for such
request.
A request for remission or mitigation is limited to consideration of the reasonableness of the amount
of the penalty and is not the proper procedure for contesting the accuracy of any of the statements.
contained in theassessment letter. Because a remission request forecloses the option of an
administrative hearing, such a request mustbe accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must
execute and return. to this office the attached waiver and stipulation form and a detailed statement
which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-2 .1(b) were wrongfully
applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please submit this information to the attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Please note that all information presented in support of a request for rem':
writing. The Director of the Division of Water Quality will review tlw GLioiti6 a
bimonthly enforcement conference and inform you of his decision in the 'matter of the remission

request, His response will provide 'details regarding case status, directions 'for payment and provision
for further appeal of the penalty to the Environmental Management Commission's
Committee on Civil Penalty Remissions. Please be advised that the Committee cannot consider
information that was not part of the original remission request con.sidered by the Director and
therefore, it is very important that you. prepare a complete and thorough statement in support of your
request for remission.
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must request an administrative
hearing,. This request must be in the form of a written petition to the Office of Administrative
Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must;
File your original petition with the
Office of Administrative Hearings
6714, Mail Service Center
Raleigh, North Carolina 27699-6714
and
Mail . hand -deliver a copy of the petition to
Mr, Dan Oakley
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Failure to exercise one of the options above within thirty days as evidenced by a date stamp (not a
postmark) indicating when we received your response, will result in this matter being referred to the
Attorney General's Office with a request to initiate. a civil action to collect the penalty. Please be
advised that additional assessments may be levied for future violations which occur after the review
period of this assessment.
If you have any questions, please contact N.. Matt Matthews, Supervisor of the Aquatic 'Toxicology
Unit, at [phone].
Sincerely,
.e Overton
Assistant Water Quality Section Chief
for Environmental Sciences
Date
Attachments
ce. Rex Gleason -Mooresville Regional Office
Point Source Compliance/Enforcement. Unit
Kevin Bowden -Aquatic Toxicology Unit
Central Files
1

E OF NORTH CAROLINA
COUNTY OF MECKLENBURG
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
FIRST UNION COMMONS
TREATMENT FACILITY
NPDES PERMIT NO. NC0086886
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE FIEARING AND
STIPULATION OF FACTS
FILE NO. LT 03-0(
Having been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document. The undersigned further
understands that all evidence presented in support of remission of this civil penalty must be
submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of
assessment. No new evidence in support of a remission request will be allowed after 30 days from
the receipt of the notice of assessment
This the day of , 2003
BY
ADDRESS
TELEPHONE

MEMORANDUM
To: Jimmie Overton
Thru: Matt Matthews 0\
From:
Kevin Bowden
DIVISION OF WATER QUALITY
June 10, 2003
Subject: Proposed Notice of Violation and Civil Penalty Assessment
First Union Cotnmons Treatment Facility
NPDES Permit No, NC0086886
Mecklenburg County
File No. LT 03-001
JUN 2
Please find attached a proposed Notice of Violation and Civil. Penalty Assessment. (NOVA) against First
Union Commons for failing to timely report toxicity self -monitoring data within thirty days after the end of the.
required reporting period. The NPDES permit issued 3/9/01, contains an effective date of 4/1/01,and contains an.
expiration date of 6/30/05. The permit specifies quarterly chronic Pass/Fail toxicity testing at a 90% effluent.
concentration during the months of March, June, September and December. Language contained in the permit
requires the facility to submit a "No Flow" Aquatic Toxicity Test form to .ESB in the event the facility does not
discharge during a required toxicity testing month.
'The 0.086 MGD groundwater treatment facility compo.nentsconsist of: transfer tank and pumps, bag
filter system, two (1000) pound granular activated carbon vessels in series, flow meter, control panel and
associated piping/appurtenances.. The discharge enters a storm drain that connects to Little Sugar Creek „ Class C
waters, in the Catawba River Basin,
The following information should be helpful to summarize events leading up to the proposed enforcement
action.
Month
6/02
9/02
12/02
3/03
uR Test initiation AT Receipt by E.S'B NR NOV Date NC 'ODNODate
NR/Pass 6/26/02 .. 8/19./02 8/23/02 V/1_,
NRJFa1(sig) 9/25/02 1.1./1/02 11/26/02 NOD
NR/92,5 10/30/02 1/3/03 2/3/03
NR/>100 11/20/02 3/4/03 2/3/03
NRIPass 12/18/02 2/25/03 2/28/03
NR PROPOSED ENFORCEMENT ACTION 5/28/03
The .facility was issued a Warning Letter (WL) dated 8/23/02 indicating that the June 2002 Report Form
was incorrectly filed in Central Files with the facility's DMR. The reverse side of the Warning Letter included a
sumin.ary of important toxicity testing information.
The facility conducted toxicity testing during September 2002; however, the September AT report form
vas incorrectly submitted to Central Files. The facility was issued a NOD dated 11/26/02 that again included
ESB's address in bold and listed a contact name and number for our office if the facility had questions. The
facility failed to sign the September 2002 AT report form was sent a Notice of Deficiency dated 12/10/02.

Page 2
First Union Commons
June 10, 2003
The facility conducted toxicity testing during October 2002; however, the October AT report from was
received late by our office on 1/3/03.
The facility conducted toxicity testing during November 2002; however, the November AT report form
was received late by our office on 3/4/03 and a NOV dated 2/3/03 was sent to First Union Commons for the
October and November 2002 late reporting incidents. The NOV stated, -Please be advised that late and/or non
-
wort* of toxicity self -monitoring data subjects you to the enforcement authority of the Division,"
The facility conducted toxicity testing during December 2002; however, the December AT report form
was received late by our office on 2/25/03 and a NOV dated 2/28/03 was sent to the facility. The NOV contained
the same statement as noted above,
The facility failed to conduct toxicity testing during March 2003 per the NPDES Permit. On 5/27/03,
Kevin Bowden contacted Mr, Bruce Reilly with MACTEC to determine, why our office had not received the
required report forms in a timely manner. Mr. Reilly indicated that he would submit the data but provided no
explanation why the AT report forms were not filed on tirn.e. Mr. Reilly also mentioned that he "owed the
Division some DMRs." No DMRs were noted in Central Files for time period January 1 through April 30, 200
First Union Commons has not been assessed a civil penalty for late/non-reporting of toxicity self -
monitoring data, File records indicate that some time during the summer of 2002, the facility switched contractors
and/or toxicity consultants. Please note that the contractor for this facility is responsible for overseeing the
operation of a similar facility in Mecklenburg County. Toxicity reporting requirements were discussed with the
facility's contractor, in detail, prior to the June 2002 late reporting incident. Beginning June 2002 to date, we
have experienced numerous problems with obtaining Aquatic Toxicity Self -Monitoring Report forms within the
required time frame, The contractor was also apprised of NPDES reporting obligations in a meeting on 1/30/03
held at the NW) laboratory.
First Union Commons' initial toxicity test was conducted during April 2001. The facility experienced
some difficulty meeting :its 90% chronic limit and was assessed a civil penalty on 10/1/01 for WET effluent limit
violations that occurred April through August 2001 (no assessment for the April 2001 limit violation). The
$3000.00 civil penalty for effluent toxicity limit violations was paid in full
The Aquatic Toxicology Unit recommends issuance of the proposed NOVA against First Union
Commons. This office has discussed the NOVA with staff from the Mooresville Regional Office who recommend
processing the action.
Attached you will find the toxicity self -monitoring history for this 'facility.
Should you have any questions or need additional information, please contact me at 2136.
cc: Rex Gleason -Mooresville Regional Office
Shannon Langley -Point Source Compliance/Enforcement Unit
Aquatic Toxicology Unit Files

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
CERTIFIED MAIL
RETURN RECEIPT REOtJETED
Mr. James L. Patterson
First Union Commons
2810 One First Union Center
301 S. College Street
Charlotte, North Carolina 28202
SUBJECT: Notice of Violation and Assessment of Civil Penalties for Reporting Requirement
Violations
NPDES Permit No, NC0086886
First Union Commons Treatment Facility
Mecklenburg County
LT 03-001
Dear Mr. Patterson;
This 'letter transmits a Notice of Violation and Assessment of Civil Penalty assessed against First Union
Commons in the amount of $
This assessment is based upon the following facts: the October through December 2002 and March 2003
toxicity self-monitoringreport forms were not filed with the Environmental Sciences Branch of the
Division of Water Quality within the thirty (30) day reporting period in accordance with the monitoring
and reporting requirements contained in your NPDES Permit.
A previous Notice of Violation for failure to report the October and November toxicity self -monitoring
data on time was sent to the facility by certified mail dated February 3, 2003. A Notice of Violation dated
February 28, 2003 was sent to the facility by certified mail for the late December report. A Notice of
Violation dated May 28, 2003,was sent to the facility by certified mail for the late March 2003,report.
Based upon the above fact(s), I conclude as a matterof law that First Union Commons violated or
failed to act in accordance with the requirements of G.S. 143-215.65. A civii penalty of not more
than $10,000.00 may be assessed against a person who fails to file, submit or make available any
documents, data or reports required by G.S. 143-215.65.
Based upon the above facts(s) and conclusions of law,' hereby assess First Union Commons a
civil penalty for this fourth violation ofG.S. 143-215,65, pursuant to the authority
delegated to me by North Carolina Environmental Management Commission Regulation 15 NCAC 2J
.003 and G.S. 143-215.6A(h). Any continuing violation(s) may subject you to additional penalties.
Environmental Sciences Branch 1621 Mail Service Center Raleigh, NC 27699-1621 [phone] Customer Service
1 800 623-7748

Pursuant to G.S..143-2,15.6A(c), in determining the amount of the penalty 1 have taken into account
.the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14311-282.1(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 receipt. of this notice, you must do one of the 'following:
1. Submit payment of the penalty,:
Payment should be made directly to the Department of Environment, Health, and Natural Resources
(do not include vvaiver fin7n). Payment of the penalty will not .foreclose 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 27699-1,61.7
OR
Submit a written request for remission or mitigation including a detailed justification for such
request.
A request for remission or mitigation is limited to consideration of the reasonableness of the amount
of the penalty and is not the proper procedure for contesting the accuracy of any of the statements
contained in the assessment letter. Because a remission request forecloses the option of an
administrative hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must
execute and return to this office the attached waiver and stipulation form and a detailed statement
which youbelieve establishes whether:
(a) one. or more of the civil penalty assessment factors in G.S. 143B-282, 1.(b) were wrongfidly
applied to the detriment of the petitioner:
(b) the violator promptly abated continuing environmental damage resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations:
(e) payment of the civil penalty Nvill prevent payment for the remaining necessary remedial
actions.
Please submit this information to the tention of:
Point Source ComplianceiEnforcem.ent Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 2.7699-16.17
Please note that all information presented in support of a request for remission must be submitted in
writing The Director of the Division of Water Quality will review the information during a
'bimonthly enforcement conference and inform youof his decision in the matter of the remission

request, His response will provide details regarding case status, directions for payment and provision
for further appeal of the .perialiy to the Environmental Management Commission's
Committee on Civil Penalty Remissions,. Please be advised that the Committee cannot consider
information that was not .part of the original remission request consideredby the Director and
therefore, it is very important that you prepare a complete and thorough statement in support of your
request for remission.
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessmentletter, you must request an administrative
hearing. This request must be in the form of a written petition to the Office of Administrative
Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must:
File your original .petition with the
Office of Administrative Hearings
6714 Mail ,Service Center
Raleigh, North Carolina 27699-6714
and
Mail or hand -deliver opy of the petition to
Mr. Dan Oakley
General Counsel
Department ofEnvironment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 2.7699-1601
Failure to exercise one of the options above within thirty days as evidenced by a date stamp (not a
postmark) indicating when we received your response, will result in this. matter being referred to the
Attorney General's Office with a requestto initiate a civil action to collect the penalty. Please be
advised that additional assessments may be levied for future violations which occur after the review
period of this assessment.
If you have any questions, please contact Mr, Matt Matthews, Supervisor of the Aquatic Toxicology
Unit, at [phone],
Jimmie Overton
Assistant Water Quality Section Chief
for Environmental Sciences
Date
Attachments
cc: Rex Gleason -Mooresville Regional Office
Point Source Compliance/Enforcement Unit
Kevin Bowden -Aquatic Toxicology Unit
Central Files

STATE OF NORTH "AROLINA
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
dated
COUNTY OF MECKLENBURG
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
FIRST UNION COMMONS
TREATMENT FACILITY
NPDES PERMIT NO. NC0086886
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO, LT 03-001
Having been assessed civil penalties totaling fc r
violations) as set forth in the assessment document of the Director of the Division of Water Q
the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document. The undersigned further
understands that all evidence presented in support of remission of this civil penalty must be
submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of
assessment. No new evidence in support of a remission request will be allowed after 30 days from
floe receipt of the notice of assessment.,
This the day of , 2003
BY
ADDRESS
TELEPHONE
y

DWt - C l Ia ASSESSMENT REMISSIONACTORS CONSIDERATION
Case Number: LT 03.001 Regon: i41ooresettleCounty: MeekMecklenburg
Assessed Entity: First anion Conn tans
Whether one tnr more o
detriment of the petitione
Notes.
Whether the violator pro
violation;
Notes:
assess
ronly applied to
abated continuing ennrnnerntal da
Whether the violation waas inadve
Notes:
ent or a res
of an accident;
age resnl
Whether the violato had been assessed civil penalties ftsr any tyre °itn viola'
Notes:
Whether payment of the ei l penult prat etnt pay m
remedial actions.
Notes:
Decision pane;
Request Denied l na;
Re,
n
ng from the
long aneeessar°
Pa r Ain ra.a'It n-erttitted
re, P.

NOVs Issued for Non/ ate Reporting and NonceNoncompliantn Events
Facility
First Union Commons
First Union Commons
First Union Commons
First Union Commons
First Union Commons
First Union Commons
First Union Commons
First Union Commons
First Union Commons
First Union Common
First Union Commons
NPDES
NU0086886/001
NU0086886/001
NC0086886/001
1
NC0086886/001
NC0086886/001
N00086886/001
N00086886/001
NC0086886/001
NC0086886/001
NC0086886/001
N 3086886/001
C/A
NC
NC
NU'
N
Nl
NA
NC
Nf
NR
NA
Nf
Date Ent
4/25/200
6/18/200
7/23/200
8/29/200
6/30/200
9/30/200
9/23/200
10/31/20
11/30/20
112/31/20
3/31 /200
Date
ter Sent
06/01/2001 / 1/ 0 1
08/06/2001 8/23/2001
09/05/2001 8/ 19/2601
10/01 /2001 10/22/2001
08/21 /2 02 00/00/°00
11/0 /2002 00/00/00
01 /06/2003 00/00/00
02/04/2003 2/3/2003
01/07/2003 2/3/2003
02/07/2003 2/28/2003
05107/2003 5/28/2003
Comments
no reasonable potential
dos/ rl 8/23/02 to send to atu
rtns/nrd 11/26/02 to r pt to us
LT tc rthcomirrg

Whole Effluent Toxicity Testing Self -Monitoring Summary
FACHDTY REQUrRnMENt YEAR JAN
retyr Union Commons chr link 904 1999
NC00868861081 Begin:4/112001 Reamer.;y Q Mar .5551 Ser Dec
County Mecklenburg Region; MR0 Slahhaset CT9534 2001
0.086 SpeoW
2002
)QII) 045 tWer%)IX 20553
Pm 1999 Dam Ave)lahle
MAR APR MAY JUN 11,11, AUG
June 3, 2003
ocr Nov DEc
Fee Pass F cek Fe 1 Paso Pats
Pass htritPass 1511/laq (11 11155532 5 15R1 %Ma NR1Pass
NB
11
LEGENL,
PERM F Petmit Requirement. 151 9 Administrafive Low - Fargo Prequermy 'a) Monitoring frequeecy. Q, Quametly; MY 100)010%, cm- Ethhemthlyt SA- Setmentotalry; A, Annually; ONVQ- Only when dirarhargmg. Da Dtreramtmed AMIliK,PIng tematernma.
Begat e 55$5R MA1H5h nequired 9Q10. Receiving stream Vow flow cnurnon rat) k = quarterly Ino tilleming ancreasear le mendqy upon Ditto% or NR Months that testing mum tVeiff , ex.1 ant Apr, .1)% Oct Nottehellp 9 CurrinitComphastec Requirement
Ph 9 Penhtqc% Ile% M(it) 555,C55 . Inatreate ',KUM concentration PP 5., Pa5555^5ii tcst AC et Acute FUR 9 Chem%
°Data Netan014, f - Fatheal IThrinow,*, eenodaphhia sp.; my - Myttad shrimp; OW a Chmme value, P - Mortakty or stated pementage at highest .00115e5E5565,55 at - Perronhed hy DWQ Aquatic Toy Unit; N - tlAd WO
RtpUttlkig Nowt:ion, ata = Data em minaret% NR - Not reported Facility Activity Statue:1- Inactive, N a Newlyttrued(Th Construct); H . Active hut not discharging; 1-More data available ter month ))) qqcstiong 9 ORC signature waled
I

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr, James L. Patterson
2810 One First Union Center
301 S. College Street
Charlotte, North Carolina 28202
SUBJECT:
Dear Mr. Patterson:
lichael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
August 23, 2002
Effluent Toxicity Testing
NPDES Permit No. NC0086886
First Union Commons Remediation Facility
Mecklenburg County
This is to inform you that the Division has received your quarterly toxicity self -monitoring report
forrn for June 2002; however, the report form was not filed with the Environmental Sciences Branch. A
representative from this office located a copy of your June 2002 Aquatic Toxicity Test form attached to
your June Discharge ;Monitoring Report. Please be reminded that reporting of toxicity testing data is a
dual requirement and that Aquatic Toxicity (AT) report forms must be submitted to the following address:
North Carolina Division of Water Quality
En.virmunental Sciences Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Monthly DNIRs shall be sent to Central Files (address on back of page) and quarterly AT report
forms shall be sent to this office (1621 Mail Service Center).
Mr. Lance Ferrell from this office spoke with Mr. Bruce Reilly of Law Engineering concerning.
another deficiency with the June 2002 AT report fotm. Specifically, the June 2002 did not include your
ORC's signature, Mr. Reilly was requested to submit another report form containing the facility's. ORC
signature. The report form must be submitted to the address listed above. I appreciate your assistance in
.following up on this request.
The reverse side of this Notice contains a summary of important toxicity monitoring and reporting
requirements. Please read this one page summary and if you have any questions concerning this Notice or any
aspect of your toxicity testing requirement, please contact Mr. Kevin Bowden with the Aquatic. Toxicology
Unit at [phone],
Sincerely,
Assistant Water Quality Section Chief
for Environmental. Sciences
cc: Rex Gleason -Mooresville Regional Office
John Lesley -Mooresville Regional Office
quatic Toxicology Unit Files
intra1 Files
NCOENR
Customer Service Environmental Sciences Branch 1621 Mail Service Center Raleigh, NO 27699-1621 [phone]
1-600-623-7748

Michael F. EaSey
Governor
William G. Ross, Jr.,, Sretary
Deoartrnent of 'Environment any NaLiral Resour.Ses
Alan W.W Klimek, P.E.,„. Director
Division of Water Ctuali1y
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. James L. Patterson
First Union Commons
2S l0 One First Union Center
30 S, College Street
Charlotte, North Carolina '28202
SUBJECT:
Dear Mr. Patterson:
Ncy mher 26,2002
NOTICE OF DEFICIENCY
Effluent Toxicity Testing
NPDES Permit No. NCOOSOSS6
First Union Commons Remediation Facility
Mecklenburg, County
This is to inform you that the Division has received your quarterly toxicity self -monitoring report .form
for September 2002; however, the report form was not filed with the Environmental Sciences Branch, A
representative from this office located a copy of your September 2002 Aquatic Toxicity Test form attached to
your September Discharge Monitoring Report. Please be reminded that reporting of toxicity testing data is a
dual requirement and that Aquatic Toxicity (AT) report forrns must be submitted to the following address:
North Carolina Division of Water Quality
Environmental Sciences Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Month1 DMRs shall .bie sent to Central Files (address on back .of page) and quarterly Al report forms
shall be sent to this office (1621 Mail Service Center).
Our filescontain correspondence dated 8/23/02 from this office to First Union Commons citing a
similar situation that occurred with the June 2002 toxicity self -monitoring data, Please review and .modify your
procedures for reporting of toxicity self -monitoring data such that Aquatic Toxicity Test Forms are sent to the
address above.
The reverse, side of this Notice contains a summary of important toxicitymonitoring and reportina_
requirements. Please read this one page summary and if you have any questions concerning this None or any
aspect of your toxicity testing 'requirement, p1ease, contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at
[phone],
Sincere, y,
hmn le Overton
ssistant 'Water Quahty Section Chief
for Environmental Sciences
cc: Rex Gleason-Mooresvilie Regional Office
John Lesley -Mooresville Regional Office
Aquatic Toxicology Unit Edes
Central Files
2_,64.1411
NCDENR
Customer Service ,Environmental Sciences Branch 1621 Mail Service Center Raleigh, NC 27699-1621 (919) 733..21:16
1-800-623-7748

Ivlr: Bruce Reilly
LAWGIBB
2801 Yor .inont Road, Suite 0
Charlotte, N. ".78 20
704 357-860(
rilV# (-11 c E 'i iazer
Subject: notice of Deficiency
Toxicity Self Monitoring Resu'
Law -First Union
NPDS NGO0868 i
Mecklenburg County.
Mr. Reilly:
This office previously contacted you re arding failure to sign the toxicity report form
for the month of Tune 200? for the subject facility. Our office lias since received a signed copy
of` the 6/ 00? to, ty test. However, our office has again received a toxicity test that was
conducted on 9/23/02, which was also not signed by the ORC..
This let
compliance until this office rec
re -submit the September, 2002
test results and future test rests'
may result in the issuan
info
you that the September 2002 data cannot be evaluated for
the appropriately signed toxicity test form, Please sign and
port form to our office immediately. Failure to submit these
v'Bich are not signed by the operator in responsible charge,
lotice of Violation for monitoring deficiencies.
Thank you for your attention to this ratter. If 1 can provide you
Cation or clarification, please contact me at (919) 7 8-2136.
Sincerer
t any
urt
Tohia Grorgino, Biologist
Aquatic Toxicology Unit
Rex Gle.as(nIRO
Jennifer ]'ones- Pace An
Central files
Envir(arrmen6 R Seiences ira
see Cenier RaE=oicgtr, NC 2769
NCEENR

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr, James L. Patterson
First Union Commons
2810 One First Union Center
Charlotte, North Carolina 28202-6021
SUBJECT:
Dear Mr, Patterson:
Michael F. Easley
Governor
MIliarn G. Ross, Jr„ Secretary
Departmenro Environment and Natural Resources
Alan W. Klimek, RE., Director
Division of Water Quality
February 3, 2003
NOTICE OF VIOLATION
'Effluent Toxicity Testing
NPDES Permit No, NC0086886
First Union Commons Treatment Facility
Mecklenburg County
This is to inform you that the Environmental Sciences Branch has received your toxicity
self -monitoring report form for the month of October 2002; however the report form was received
late. Likewise, our office has not received your November 2002 toxicity self -monitoring report
form. This is in violation of,Title 15A of the North Carolina Administrative Code, Chapter 2,
Subchapter 2B, Section .0506 (a)(1)(A) which states that "monthly monitoring reports shall be
filed no later than 30 days after the end of the reporting period for which the report was tnade."
You will be considered noncompliant with the reporting requirements contained in your
NPDES Permit for the months of October and November 2002 until you make acceptable
demonstration to the Environmental Sciences Branch that the report forms were submitted to this
office within the required 30 day reporting period. Please be advised that late and/or non -
reporting of toxicity self -monitoring data subjects you to the enforcement authority of the
Division.
The reverse side of this Notice contains a summary of important toxicity monitoring and
reporting requirements. Please read this one page summary and if you have any questions
concerning this Notice, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at
[phone].
Sincerely,
Overton
Assistant Water Quality Section Chief
for Environmental Sciences.
cc: Rex Gleason- Mooresville Regional Office
John Lesley- Mooresville Regional Office
Aquatic Toxicology Unit Files
Central Files
TA
NCOENR
Customer Service
800 623-7748
Environmental Sciences Branch
1621 Mail Service Center Raleigh, NC '27699-1621 [phone]

C-1Pc
CERTIFIED MAIL
RETURN 'RECEIPT REQUESTED
Mr, James L. Patterson
First Union Commons
2810 One First Union Center
Charlotte, North Carolina 28202-6021
SUBJECT
Dear Mr. Patterson:
Michael F. Easley.
Governor
vviiiiam G. P.oss Jr., Secretary
Department of EnvirCir.ment and Natural i'iesources
Alan W, Klimek, P.E„ Director
Division of Water Quality
February 28, 2,003
NOTICE OF VIOLATION
Effluent Toxicity Testing
NPDES Permit No. NC0086886
First Union Commons Treatment Facility
Mecklenburg County
This is to inform you that the Environmental Sciences Branch has received your toxicity self.
monitoring report form for the month of December 2002; however, the report form was received late. This
is in violation of Title 15A of the North Carolina Administrative Code, Chapter 2, Subchapter 2B, Section
.0506 (a)(1)(A) which states that "monthly monitoring reports shall be filed no later than 30 days after the
end of the reporting period for which the report was made."
Information contained on your December 2002 DMR indicates that a toxicity test was
conducted December 17. We noticed that the Aquatic Toxicity Test Form was attached to your
December DMR in Central Files. Your November and December 2002 DMRs were received late by
Central Files on February19.
Please ensure that Aquatic Toxicity Test Forms are submitted separately from your DMRs
and are mailed to: DWQ/ES13,.1621 Mail Service Center, Raleigh NC, 27699-1621.
You will be considered noncompliant with the reporting requirements contained in your NPDES
Permit for the month of December 2002 until you make acceptable demonstration to the Environmental
Sciences Branch that the report form was submitted to this office within the required 30 day reporting
period. Late andior non -reporting of toxicity self-monitorinci data subjectsyou to the_enforcement
authority of the Division.
The reverse side of this Notice contains a summary of tmportant toxicity monitoring and reporting,
requirements.. Please read this one page summary and if you have any questions concerning this Notice,
please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at [phone].
Overton
Assistant Water Quahty Section Chief
for En ironrnental Sciences
cc: Rex Gleason- Mooresville. Regional Office
John 'Lesley- Mooresville Regional Office
Aquatic Toxicology Unit Files
Central. Files
NED
Customer Service Environmental Sciences Branch 1621 mail Sordce Center Raleigh, NC 27699-'1621 (919) 733-213.6
600 623-774E3

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. James L. Patterson
First Union Commons
2810 One First Union Center
Charlotte, NC 18202-6021
SUBJECT:
Dear Mr, Patterson:
May 28, 2003
NOTICE OF VIOLATION
Effluent Toxicity Testing
NPDES Pen -nit No, NC0086SS6
First Union Commons Treatment Facility
Mecklenburg County
Governor
Wil iam G,. Ross, Jr„ Secietary
Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
This is to inform you that the Environmental Sciences Branch has not received your toxicity self -
monitoring report form for the month of March 2003. This is in violation of Title 15A of the North Carolina
Administrative Code, Chapter 2, Subchapter 2B, Section .0506 (a)(1)(A) which states that "monthly monitoring
repons shall he fliedno later than 30 days after the end of the reporting period for which. the report was made,"
Furthermore, there is not a Discharge Monitoring Report (DMR) in Central Files for March to indicate
that a chronic toxicity test was conducted. Please note that your NPDES permit requires you to submit an
Aquatic Toxicity Self -Monitoring Form to this office during a month in which toxicity testing is required,
regardless of whether a discharge occurs from the facility. On May 27, 2003, Mr, Kevin Bowden from this
office contacted Mr, Bruce Reilly with MACTEC to discuss toxicity reporting issues at this facility.
Please remember that reporting of toxicity self -monitoring data is a dual. requirement. Toxicity test
results must be entered on your Discharge Monitoring Report and the Toxicity Reporting Form (AT Report.
Form) must he submitted to: DWOTESB, 1621 Mail Service Center, Raleigh NC 27699-1.621 within the
required time frame.
You will be considered noncompliant with the reporting requirements contained in your NPDES Permit
for the month of March 2003 'until you make acceptable demonstration to the Environmental Sciences Branch
that the report form was submitted to this office within the required 30 day reporting period. Ficasebe advised
that late and/or noti rjortingQotciry self-monitorirto data subiects sou to the enforcement authority oLthe
Division.
The reverse side of this Notice contains a summary of important toxicity monitoring and reporting
requirements. Please read this one page, summary and if you have any questions concerning this Notice, please.
contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at [phone].
cc: Rex Gleason- Mooresville Re6onal Office
John Lesley- Moolicsvillo Rcoional Mice
Aquatic Toxicology Unit Files
Central Files
Sincerely,
venon
A—s ni \Vater uality Section Chief
for Environmental Sciences.
NCDENR
Customer Service
600 623-7748
Environmental Sciences Branch 162'1 Mail Service Center Raleigh, NC 27699-1621 (919) 733-2'136

A. a yt ca,
imor,cpacgal9f4 Toxtrty Report AT-1 Farm Chronic P sslra I and Acute LC.
Date 718102
PDESRNC 0086
Union Commons
Cc ming Test PAC t.natytira6 ervires II(nc,..
roY
z
for inPasrtale Charge
tiAl ORIGINA_ TO:
tart art�Ipna Gar ctnnra Ch
CCN T ROL ORCAN1SMS
YOU rtg Produced
',A ut (LJive {Mead
E'flUznt9a
90
u
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ult !L Jive (Mead
do Pass/Fail +Peor©dachan Tax
2 3
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Control
Treatrnren
a
D.0
Control
Trectnent
Confidence
ni
-
ICrcanism Tested: C^_r C?r ad. 7nla
L :iSQrtgrr Certification IC5
NC Wastewater 40
NC 0nnking Water 37712
3
a.
7.
Method
Moving Avg,
reran
7.5
7.8
County Meciciendu
trot Aerared Unare
Div. ©r
N,C. DENR
1621 Mail Se n roe Center
Ratergn, Ncr--ci Canoina 27629ri62 ;
5
18
L
2nd
a
3
f Determination
Proeit
Other
11
Pace Arrarytical a is
275 niversrde Drrve
vale, A/C 28804
Ior e:: 323,254,7 775
sr.525.252.4E1s
htTirlic oft Resuit
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Treatment
16,7
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more SY^ a .a Samc:e
Gr ac
ardness
Scot, Cana.
Chlorine
Samcle !erro. at racerot
Concentration
Mortality
(Hours): 0 1
EPORT OF i ORATORY -ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Serrices
PH
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,nt2
?2,,3C
2.024
Con,7r a
5w.25\02
Ccntrt
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SC Environmental
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0298C
99030

Pace Analytical Services, Inc.
2225 Rtyersid2
ceAshevrile, NC
Phone: .82825-: 7;76
ww4,,paciffiwot Toxicity Report. MT-1 Form Chronic Pass/Fail and Acute L.C50 Fax: [phone]S
Date 9k25102
citv: Law -First Unicn
NPDES#NIC 0086886 Pipe
a =. .r-V-Fer-torftrig.„;Test v
..-776NiTare'—C-inartga
MAIL ORIGINAL TO:
North Carolina Cersodachrna Chronic FassiFail Reproduction Toxicity Test
NTRCL ORGANISMS 1 2 3 4 5 6
Produced
ive (Dead
Effluent9/0
TREA7kIENT 2 CRC_1ANISMS
Young Produced
Adult (L)ive (D)ead
25
24
L
29
22
4
25
atmei T8 ft70 8 3
Cantrci
Treatirnerit
riarrairy
lMarrialrrai enaresseo 'irs' comoimep
CSC,'
5c/c, C‘dnfidence
3/0 -
Method o
Moving Avg.
So armor
County
Comments
Rank Sum 79 5
I tallied critical IC
amces Not Aerated Unless t arwis
Environmental Sciences Branch
Civ. of Water Quality
N.C. CENR
1621! Mail Service Center
Raleigh, North Carona 27699-1621
7
8
171
9 10
27
27
8 9 10
L
Control
24.20
Treatment 2
3,30
Mecklenburg
C:-:ronic Test Resuits
Calculated t
Tabular t
::"educbon
6,4
Mortality t Avg, Repiirrl
Control
0,00
7:eatm. ent 2
50.0
CJ
21.3
Test Start Cate!
2nd fCornsiete This FrEthe. eaSt \.25\ 02
7,9 80CoilecnatlauFt
etermnaton
Probit
Othr
Sample
9Q310.2
Seminal TyperCi.rancia
Sample
ample
Grap Camp
Semais 7
.:--iamness hr.-4'J}
Sreo.
Chiorina, mg.11
Samoie rembi. at @t@7@e11/T.
Concentra i
Mortality
rQrijsm Tested: Cer'fodaohnia dubia Test Duration (Hours!:
Lagoratpry Certification ID.5
NC Wastewater 40
NC Drinking Water 37712
lit 116".
REPORT OF LABORATORY ANALYSIS
This report shad not be reproduced, except in full,
vithout the written consent of Pace Analytical Services, Inc.
See (
npiar*,
sta.--.2end
\25\C2
tote: Please
Cmta This
aso
Control
Hipia
Cana.,
Oboratory Certificancri lD5
TN prinking Water 02980
SC Envronmenta 5330
ill; 7(
C /z.
it'rf e 6 c

RECEI;Z:
JAN 0 2003
ce Analytical°
www. pacelabs.com
ent Aquatic Toxicity Report Form/Phase II Chronic Cariadap nia
First Union
Perform g Test
Siermare al Operator in feaseensblit
Samote information
Collection Start Da
G
Composite (Duration
Hardness (r
Spec, Cond. (prnhos/
Chlorine (m
Sarriple Tiema. at R
Control
Effluent
Effluen
65
Effluent%
95
Effluent%
100
Young
r-
Adult
# Young
Adu
LIV VD)ea
# Young
Adurt
ive 10leed
# Young
# Young
Adult
Uwe !Mead
Young
Aclun
roe Mined
25
S'qneeirre o
Sample 2
10\31\02
10\2802
11111111111111111MIMMI1111111111
IM12.11EIEBEI 1110111101111111111111
111111MMIUMMMINIMII 4
29
27
24
L
1 2 3 4
2
L L LL
1 2 3 4
28 2 17 25
1
16
0.6
Organism 4
5 6 7 8 9
25 27 26 27 29
L L
5 6 7 8
29 30 30 2
1111 IMO EMI
1111110111 1101101111111:
Comments:
Test
Infomticn
Treatrren
pH Initial,
pH Final
0.0. Initia
0.0, Final
Temp. Initial
Toro. Final
en
8,
Branch
.2
Pacs AnOtical Services, inc.
2225 Riverside Drive
Asevilie, NC 28804
Phone: [phone]
Fax: [phone]
eck enburg
7.8 7,6 7.6
77,3 7..7
9
8.
7.
8,6 8.
24.9 25,2 24.6 24,6 I 24,7 25,2
24.8 25.0 25.1 24.8 0 T 25.1
.6 7.7 8.2 1.
Chronic Test Results
Final Control Mortality %
°A Control with 3rd 6rcod
Control Reproduction C
Hour Mortality
Iwc
Significant? No
Find Mortality S4;niticart CO'
%Red
1.5 Reproduction L.C1EC.
2 3 4 5 6 7 8 9 10 !risen
24
18
25 27 24 20 26
18
16
2 4 5 7 8
21
MAIL
TO:
16
20
ATT: Environmental Sciences F3ranch
Unr. of Water Quatity
N.C.DENR
1621 Mail Serme Culler
Raleigh, NC 27699-1621
NC Wastawater 40
NC Dnnking Water 37712
17
L
11
L
L
22
23,8
%Red
10 rne
21
16,9,
%Rea
36.2
9 10man
11 L
14.7
%few
44 5
Should us a hietiest t t
concentration or 'highest
concentration wrtn 0.0. > 5,0
rnEVL
" % Reduction from Control
Reproduction Mean
Method: Steet's Many One Rank
Normal Distrib7 No Method:
Statistic:
Non -Parametric A
NOE
sis
1.199 Crnical: 1.035
(if applicable),
Rank Sum Croai Sum
45 127.0 75.0
65 117.5 75.0
90 86. 5
95 55,0
00 55.0
Overall Analysis:
Result = PASS/FAIL or
Test LOEC= 95 % NCEC=
Chronic Value = 92,5
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analvtioal Ear
75,0
75.0
75„0
LI9.91.ato_ry Certification 10s
TN Onnicrig Water 02980
SC Environmental 99030

$
ace Analytical.
www.pacelalfs.com
uent Aquatic Toxicity Report FoPhase II Chronic Cer7odaphrti'a
e tntorrrrlatian
First Union
ng Test FA
Date
Grab
Composite (Duration
Hardness (mg/L)
Spec, Cond. (µmhosfcm)
Chlorine (mg/L)
Sample Temp. at Receipt
Control
Ef luen
90
Effluent%
95
# Young
Adult
NC 0086886 Pipe#
Sample 'I C1n
50
0
3
47
Organism it
2 3 4 5 6 7 8 9
22
2
26
25
2
2
22
2
0
2
Pace Analytical Services, Inc.
2225 Riverside Drive
Asheville, NC 28804
Phone: [phone]
Fax.' 828.252.4618
County Mockr :nb
Corilments: 'i'he organism in replicate 2 was
killed,
Test
Information'
Treatment
pH Initial
pH Final
D.0. initial
D.0. Final
Temp Initial
Temp Final
2
NA
NA
NA
3 4 5 6 7 8 9 10
12 mean
Young
26
29
31
29
25
32
27
28
23
29
NA
NA 26m1
Adult
iLliwed�Bead
L
L
L
L
L
L
h
L
u NA
%Re
NA 0.0�
# Young
Adult
°.LSive (Mead
# Young
Adult
Rli'ivo l©lead
20
24
2
27
30
4
21
27
27
7
24 22
28
10 mean
28
c -r
2 3 4 5 6 7 8 9 1 0 mean
29
2
2s
2
22 6
27
4
25
L
4
27
23
2
28
27
7
29
26
26
24
24
18
14
22
25.8
10 mean
25
22.2
%Red
11.6
10 mean
24
%Red
L 1 24.7
MAIL
TO:
A I I . Environmental Sciences l
Div, of Water Quailty
N.C.DENR
1621 Mail Service Center
Raleigh, NC 27699-1621
Labor aty CertifIDS,
NC Wastewater 40
NC Drinking Water 37712
.1J
Should u6e highest test
Reproduction Mean
24,3
24.8
Start Renew t
100 Control Control
7.9 8,0 8,1 8,0 7.7
8,0 7.8 8.1 8,0 7.8
7.9 7,4 j 7.7
8,0 7.9 7,5
24.9 24,6 25.3
24,8 ; 25.2 24,8
Chronic Test Results
Fine l Control Mortality % 0
Control with. 3rd Brood 100
Cantrtsi Reproduction CV
Significant? Nc
Anal Martattty Sionslic
%a
Reproduction Analysis:
Reproduction LOEC >100 NOEL
Method: Wllcoxon Rank Sum
Normal 0istrib7 Yes Method: Kalmaagorov rJ
Statistic: 0.669 Critical: 1,035
Non -Parametric
Method:
Effluent%
iicable°:
Rank Sum Critical Sum
45 133,0 74.0
65 108.0 74.0
90 96.5
95 89.5
100 77,5
Overall Analysis,
Result = PASS/FAIL
Test L©EC= >100 er°tt ; N©EC-
Chronic Value =
REPORT OF LABORATORY ANAL
This report shall not be reproduced, except in full
written consent of Pace Analytical Services, Iri
61.0
74.0
74.0
EIV E1l Laboratory Certification es
Drinking Water 02980
SC Environmental 99030
0 2003
ai Sciences Bran&

ace Ana vtca
214
www,paceSia46 t Toxicit r Report AT-1 Form Chronic Pass/Fail and Acute
Date 1 /2103
Facility: Firs
Union
NPIDE"a#NC O086886 Pipe
oratory PerfgrtTring Test PACE Analytical Services, Inc,
of ©peiator in R
harge
Connmen
Pace Analytical Services, nc.
2225 Riverside Drive
Asheville, NC 28804
erne: 828.254,.7176
C u Fax: 828.252, 4618
County Mecklenburg
Ncrt Aereted ttndess 0the.ryv6se Noted
MAIL ORIGINAL TO:
North Carolina Ceriodaphnia Chronic PassiFail Reproduction Toxicity Test
2 3 4 5 6 7 8 9 1f} 'I1 12
CONTROL ORGAN
Younca Produc
Adult fL)ive (D)ead
Effluent%
90
"'REATMENT 2 GRO
Youn. Produced
Adult (L)iv e (D)ead
Control
Treat.nie
pig
D.
Control
Treatment
Environmental Sciences t3tattcfi
Div, of Water Quality
N.C. DENR
1621 Mail Service Center
Raleigh, North Carorina 27699-1621
a
2
.2
8.1
t
78
8.0
7.7
8.1
27
L
a
1st
33
E
n
d
7.9
8.3
7,8
8.0
28
28
2nd
7.5
8,0
s
2nd
77
7.9
7.8
8,0
C C' ._Acutp Tnxicity_ L�i1
cornp re©IIc4$es
28
L
26
26
L
25
10 11 1'2
26
27
24
Ct tunic Test R u
Calcul
Tabular t 2.
Reduction 6
Control to
Treatment 2
Control C
0
to This Frcr Either Test
pue
16/62
pet TypetDur
ample
a
Grit) Conn;
Samute
X 24
24
Hardness rmgflt
Spec. Card, Iumnost
Chlorone (mglll
Sample tamp, at receipt
eetment 2
? stro
2
2
0,00
Lc50
95% Confidence
€<ra -
ed: Cerrcdaphrtia dubia
Labc@rtiti ticn i
NC Wastewater 40
NC Drinking Water 37712
Meth
mowing Avg.
Spearman
REPORT
Deterrrlinatio
PrcbPt
Other
Test Duration (Flours):
Concentration
Mortality
OF LABORATORY ANA
This report shall not be reproduced, except in t
without the written consent of Pace Analytical Sery
YS1S
Note: Please
Complete This
Section also
C ntrdl
Laboratgtry Certification lOs
TN Drinking Water 02980
C�Edtvy rartme atal 99030

-22-2003 MON 09:53 AM
FAX NO, P, 01
SeptcnItier 5, 2003
MACTEC
Mr. Alan. W. '<hoick, DircclOr
POint SOLI rco ComplioncciEntorcement IJnir
1)iv On Or W1110' Quality
1617 Mail Servict!cenier
Raleigh, North Carolina 27699-1(117
Certified Mail
Subject:
Post -it FaX Nate 7571
JO
rhor
Notice of Viohnion ,Lind Assessment ol CvI Penalties for
R,:porungRecluircructu Viuhlions
NPDIS Permit No NCOOS6RS6
fit Union C'oinnions Ticittinkhit Facility
CharIolk Meeklenbiirp Conniy, North CaToliun
LI 2003-0302
Deal Istlr, Kim '1.:
F
e n
p4,fr ot
This ictrur was prepared by MACTEC En2,ineering and Constilling, Inc. (MACTEC), on behalf of
Childress Klein Propenies (our client, aka Fit st Union Commons) in re,sponw to a Notice of
Violation riJ Assessmient of Civil Penaltics asre,ssed against first Union Commons far violations.
of reporting icquirements associated with NPDES Permit No. NC0086886. In your letter, doted
August 19, 2003 and received by First Union Commons on August 22, 2003, you indicate ih:i
c,vil penalty :issessitient of $10:000 is lor nut submitting toAicity self -monitoring report forms for
Jun( 2003 to the Lvironniental Sciences Branch of the Division of 'Water Qbty, after receiving
Notices of Violation for failing. to submit toxicity self -monitoring repoform in April and May
2003.
A prey* , s Notice of Violation and Civil Penalty Assessment of $4,000 was also levied to First
Union Commons by the Division of Water Quality for failing to submit the required reporting
documentation in October through December 2002 iind March 2003, This civil perialty was paid
by MAC:WC and submitted to the Division of Water ()oahty on August 29, 2003 via certified
'flus lettor prov4ics iwtd expl,imuirm or iho lich esuncil jo tIiL., issuance of several
N( )V 's ii1 iiliimately two civil peniiity asses-iiiieni.s and Our 10 COI i`CCI dIC'sC 11011-
roMplcilICLI issucs, Presently. MACIF:C's environmental services arc limited to monitoring and
reporting requirements, in oecortialiec..' with dic NP1)ES permit for the facility, 'fins ilrojert 11,1s
been inalLigc(1 by Mr, Bruce Reilly, a Principal Fngiiieer within our firm
When the civil penalty letter was received by Firsi ()mon Common.c on August 22, 2003, Mr,
Wiwi; Reilly ',A.'s contacted by our client on August 25, 2003 asking for 311 xpanaIJou, Mr.
Truce Reilly then notified his stipi,:rvisor, who in turn notified the Charloire office iminager, mr,
Mark Smith, h should be. noted that this, was the first notification ot the lack of reportin,, or any
civil penalties assessed by the State. on this pi oject to anyone u.nh111 hc MAC'TEC organization
oilier than Mr. Bruce Reilly. Mr. Mark Smith then contacted our client 10 set up a meeting to
kll'-,COS'S h& siuration and evaluate our options, IVIr, Marls Smith. and Mr. Chris Corbiit met with
Mr, Jim Roterson and Mr. Crary Smith of ('hildress Klein Properties on August 27, 2003,
MACTEC also COnlitCled Mr, 'Kevin Bowden of the Environmental Services Branch for
clarifieinion of the leiter Nr Bowden indicated than toxicity sc.:If-monitoring reports had bear
MAGI Cow,uiwg
B01 Yor;kmor,11-1vi, :;;u1,T): 1t,t0 • Ch:liklitc.„ NC nma
• Gtx: 741-:i^:i1-8638

SEP-22-2003 NON 0953 AM
FAX NO. P. 02
tirp t T)e(liinCnt r$(l
Cho, hir Noy if Cur.060
Scinc,iihcr 0, )00:
icceivi:(1 by the. Branch through December 2002 but that there had been no toxicity self -
monitoring reporttng forms received for March 2003 or June 2003. Mr, Bowden stated that Ile
had contacted Mr. Reilly on several occasions about delinquent reports. MI, Bowden also
111(li(;Ited 11.1:.1( I.)MR's had not been submitted to the State for the Santtune, period. After
fevieWillg OWot ojcCl lile it W3S (10C11111110.1 tht 1110(11101ing activities of the treatment system
had be..eil coniWieleil no a routine basis as stipirkited in the permit, ;Vlonthly sampling and
laboratory analysis was performed because watei flow wAts present through the .syssein and
toxicity testing was performed oii iquarterly has's, Toxicity self -monitoring results. indicate it'nit
chrome toxicity testing, of the system's effluent has pas'sed in 2003,
k:',ur discussions with our client, First Union Commons, Cur Mr, Bruce Reilly and Mr, Kevin
Bowden of Me finvironmental Services Branch,. MACTEC, with our client's approval, has
cresmopcd a plan to mitiple the non,complianee. issues Mr, .13ruce Reilly has ben irnu v 0'1 as
r ) i firsi Union C'orninons project. Curiently, Mr. Chits CO hill,
environnionial business unit leader for Oto ChalIONC offiCC, will ASSIIMC the role of project
cm -longer., Mr. C'orbitt will be assisted by Mr„. Man Gustis, P,F.., a Senior Engineer with
MACTITC, wlicr has experience with treatment system:, Sampling (if necizssary) :old monitoring
of the tteatinent system will be conducted in accordance with the NPDIES permit by Nir. joe
Vickers of our firm,
Since IVIACTIK,' became aware of the Nuiice of Violation and Assessment of Cryil Penalties on
AllgAISt 25, 2003, we initially submitied ro the Division of Wafer Quality on August 28, 2003,, the
must ri,',cent I,)MR Only 2003) tnd die toxicity self-itiontioring report form for June 2003 The
reatiaininp, delinquent repoiling forms were subrarrtted during the week of September 1 2003.
Although the civil penalties have been levied against First Union Commons, it is MACTEC's
ro!;porisibilliy to submit the required doetimentatiini (I)MR's and toxicity self -monitoring reports)
to the Division of Wafer ta t), and therefore M.AC.TEC resputt5ibla for civil penalties levied
against our elicau related to these reporting issues The rssuc of non -responsiveness is. also the
responsibility i;f MACTEC, not our client,
Based on the senor, s less of the accepied violations and penalties accessed, which swill be wholly
the responsihil ty of MACTI:.C. to remedy, we have taken the following actions':
Mr. firtiee Reilly has been removed from tesponsiblo haie of all current projects
Slibmscton of toxicity sell -monitoring report forms_
MACTEC will review our internal quaky control procedures to determine Mc „s,
failure of our ii.‘sponsibilities.
C1L'ar., t hoes of communication have been established with our client to respond
bettor to their needs. lvtultiplecontacts, including the office manager, will be ivovidcd.
A fevioii, of othc.r s 'hi projects tinder the dnection of Mr, Reilly will he performod to
assore Mat the projects are in compliance, with applicable State and Federal guidelines
nd permit fcquirements.
MACTEC apologizes for our disregard of our responsibilities on this project. We do lira lx1ft v
thilI Iliti 1.1TC. ACCCIACCI '.1:1.11(1.11'‘," of our luau, hut rather a one-tinne evident failure. of one of our
ineipalslo perforin his contractual obligations to our clicnt and our professional responsibilities
to the Stare of Norill To on,- k iskdg, this is the first incident where M ACTEC,

EP-22-2003NON 090
i ttv� :opty c1tik stt()Ils t't
MAC
.tics( tlt
FAX Na P 03
our crtttye tt
AND CONSUL] 1SC
n Attuat
i llp
C FC late or
t rLStr
to furtlta.�r°
comml
tot occor ltt tl
contact tltC ttl
Chief Engineer
f you
(704)

Michael F. Easley
Governor
William G. Ross, Jr, Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P,E., Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. James L. Patterson
First. Union Commons
2810 On.e First Union Center
Charlotte. NC 28202-6021
SUBJECT:
Dcar Mr. Patterson:
July 23, 2003
NOTICE OF VIOLATION
Effluent Toxicity Testing
NPDES Permit No. NC0086886
First Union Commons Treatment Facility
Mecklenburg County
NC 'ENT.. OF NNVIRONME
AND NATURAL. 'NiSCURCES
°FRC*
JUL 2 4
This is to inform you that the Environmental Sciences Branch ha not received your toxicity self
-
monitoring report form for the month of May 2003. This is in violation of Title 15A of the North Carolina
Administrative Code, Chapter 2, Subchapter 2B, Section .0506 (a)( I )(A) vihich states that "monthly
monitoring reports shall be filed no later than 30 days after the end of the .reporting period for which the
report was made."
On May 27, 2003, Mr, Kevin Bowden from this office contacted Mr. Bruce Reilly with MACTEC
to discuss toxicity reporting issues at this facility. We were under the impression that an Aquatic Toxicity
(AT) test form indicating a toxicity test result or. a blank AT test form indicating "No Flow" would be
submitted to our office for March 2003. Since no test form as received for March 2003,.our office was
expecting a test result for April 2003. We did not receive the April test form, and again were expecting a
test form for May, thus the reason for this Notice of Violation,
You will be considered noncompliant with the reporting requirements contained in your NPDES
Permit for the month of May 2003 until you make acceptable demonstration to the Environmental Sciences
Branch that the report formwas submitted to this office within the required 30-day reporting period,.
Pleasebe advised that late ancVor non -reporting of toxicity sell -monitoring data subjects you to the
enforcement authority of the 'Division.
The reverse side of this 'Notice contains a summary of important toxicity monitoring and reporting
requirements. Please read this one page summary and if you have any questions concerning this Notice,
please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at (919) 733-2.1.36.
cc: Rex Gleason- Mooresville Regional Office
John Lesley- Mooresville Regional Office
Aquatic Toxicology Unit Files
Central Files
Sincerely,
Overton
Assistant Water Quality Section Chief
for Environmental Sciences
FiCi3ENit
Customer Service
800 623-7748
Environmental Sciences Branch 1621 Mail Service Center Raleigh, NC 27699-1621 [phone]

WHOLE EFFLUENT Toxicay MONITORING AND REPOWFING INFORMATION
IThe following items are provided in an effort to assist you with identifying critical and som.etimes overlooked toxicity
testing and reporfitai information. Please take time to review .this information. The items below do not address or include
all the toxicity testing and re ortin re uirements contained in 'our NPDES ermit. If you should have any questions
ithout your toxicity testing requirement, please contact Mr. Kevin Bowden with the 'Aquatic Toxicology Unit at (919) 73.3-
2136 or another Unit representative at the same number,
The permittee 15 responsible for ensuring that toxicity testing is conducted according to the perm. „juirement and that
toxicity report forms are appropriately tiled.
The reporting of whole effluent toxicity testing data is a dual requirement, All toxicity testresults must he entered (with the
appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted toi
North Carolina Division of. Water Quality
Central Files
1617 Mail Service Center
Raleigh, NC 27699-161.7
IN ADDITION
'Toxicity test data (original ",i-V1— form) must he submitted to the following address;
North Carolina Division of Water Qual
Environmental Sciences Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
"Toxicity test results shall he .filed with the Environmental Sciences Branch no later than 30 days after the end of the
reporting period (eg, 'January test result is due by the end of February),
Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxielty testing
upon failure of any single quarterly toxicity test, If the initial pass/fail test fails or if the chronic value is lower than the
permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two
months, As many analyses as can be completed will he accepted. If your NPDES permit does not require use of multiple
concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single
concentration toxicitytesting or multiple concentration toxicity testing per the Division's WET enforcement initiatives
et fe,ctive July 1, 1999, Follow-up multiple concentration toxicity testing will influence the. Division's enforcement re,sponse.
'Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity
monitoring, requirements (eg, if the testing months specified in your NPDES permit are March, June, September, trad
Decernber, then toxicity testing, must be conducted during these months).
Should the pert -ranee fail to monitor during a month in which toxicity monitoring is required,. then monthly monitoring will
begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement, the permittee will
revert to the quarterly months specified in the permit, Please note that your permit may or may not contain this language_
1.1 your NPDES Permit specifies episodic. monitoring and your facility does not have ri discharge from January 1-June 30,
then you must provide written notification to the Environmental Sciences Branch by June 30 that a discharge did not occur
during. the first six months of the calendar year.
If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the
Environmental Sciences Branch at (919) 733-2.136 and provide written documentation. indicating why the test was
invalidated and the date when follow-up testing will occur,
If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the
information Hock located at the top of the AT form indicating the facility mane, permit number, pipe number, county and
the month/year of the subject report, You should also write "No Flow" on the AT form, sign the form and .submit following
normal procedures.
The Aquatic Toxicity Test bums shall he signed by the fkkeility's Operator On. Responsible Charge ORC) except for facilities
which have not received a facility classification, in these eases, a duly authorized facility representative must sign the AT
form,. The AT form must also be signed by the perforating lab supervisor.
Tci determine if your Al test forms were received. on time by the Division of Water uality, you may considef submitting
your toxicity test results certified mail, return receipt requested to th.e Environmental Sciences Branch..

Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P„E., Director
Division of Water (Duality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. James L.. Patterson
First Union Commons
2810 One First Union Center
Charlotte, NC 28202-6021
SUBJECT:
Dear 'Mr. 'Patterson:
June 25. 2003
NOTICE OF VIOLATION
Effluent 'Toxicity Testing
NPDES Permit No, NC0086886
First Union Cormnons Treatment Facility
MecklenburgCounty
DEPT, OF ROiWV
Awn Pmv
10E
Eft,; 27 20 fl) 3
This is to inform you that the Environmental Sciences Branch has not received your toxicity self -
monitoring report form for the month of April 2003, This is in violation of 'Title 15A of the North Carolina
Administrative Code, Chapter 2,. Subchapter 2B, Section ,0506 (a)(1)(A) which states that "monthly monitoring
reports shall he filed no later than 30 days after the end of the reporting period for which the report was made."
On May 27, 2003,.Mr, Kevin Bowden from this office contacted Mr. Bruce Reilly with MACTEC to
discuss toxicity reporting issues at this facility. We were under the impression that an Aquatic Toxicity (AT) test
form indicating a toxicity test result or a blank AT test form indicating "No Flow" would he submitted to our
office for March 2003. Since no test form was received for March 2003, our office is expecting a test result for
April 2003, thus the reason for this Notice of Violation.
Please remember that reporting of toxicity self -monitoring data is a dual requirement. Toxicity test
results must he mitered on your Discharge Monitoring Report and the "Foxicity Reporting Form (AT' Report
:Form) must he submitted to: DWQ/ESB, 1621 Mail Service Center, RaleMh NC 27699-1621 within the
required time frame.
You will be considered noncompliant with the reporting requirements contained in your NPDES Permit
for the month of April 2003 until you make acceptable demonstration to the Environmental Sciences Branch that
the report form was submitted to this office within the required 30-day reporting period. Please be advised that
late and/or nonreporting of toxicity self-moni1orindata(lata suhjectsto theeniorcement authotltv of the
Division.
The reverse side of this Notice contains a summary of important toxicity monitoring and reporting
requirements„ Please read this one page summary and if you have any questions concerning this Notice, please
comaet Mr, Kevin Bowden with the Aquatic Toxicology Unit at [phone].
cc: Rex Gleason- Mooresville Regional Office
John Lesley- Mooresville Regional Office
Aquatic Toxicology Unit Files
Central Files
Sincerely,
coon
.Assistant Water Quality Section Chief
for Environmental Sciences
Customer Service Environmental Sciences Branch
800 623-7748
1621 Mail Service Center
Raleigh, NC 27699-162'1 [phone]

'WHOLE EFFLU ENT Toxicrry moNrronvei AND REPORTING INFORMATION
The followine items are provided in tin effort to assist you with identifying critical and SOMeilITICS OVerlookci toxicity
testiM?„ and reporting information, Please take time 40: review this information, The items below do not address or include
all the toxicity testing and reporting requirements contained in your .NPDES permit, If you should have .any questions
about your toxicity testing requirement, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at (919) 733-
21 36 or another Unit representative at the same number,
> The permittee is responsible for ensuring that toxicity testingis conducted accordtng to thc permit requirement and that
toxicity report farms are appropriately filed.
1> The, reporting or whole effluent toxicity: testing cIttita is a dual requirement, All toxicity test results. must be entered (with the
appropriate parameter code) on your monthly Discharge Monitoring Report w.hich is. submitted tot
North Carolina Division or Water Quany
Central Files
1.617 Mail Service Center
Raleigh, NC 27699-1617
IN ADDITION
1 xlcit tet data (original "Ar form) 41114g be submitted to the following address:
North Carolina Division of Water Qua1ttQuality
Environmental ,Sciences Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
1> Toxicity est .sults shall ed with the Envi n a Sciences Branch no la h. h d
reporting period teg. January test result is due February),
Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing
upon failure of any single quarterly toxicity test. If the initial pass/rail test fails or if the chronic valuee is lower than the
permit limit, then at least. two multiple concentration toxicity tests (one per month) will be conducted over the following two
months, As 'many analyses as canhe completed will be accepted„ If your NPDES permit does not require use of multiple
concentrationtoxicity testing upon failure of any single quarterly test, you may choose to conduct either single
concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives
effective July 1.„ 1999. Follow-up multiple concentration toxicity testing. will influence the. Division's enforcement response,
Toxicity testing inonths are specified by the NPDES Permit, except for NPDES Permits which contain episodic 'toxicity
monitoring requirements tee, if the testing months specified in your NPDES permit are March, June, September, and
December, then toxicity testing must he conducted during these months),
Should the permittee fail to monitor during a month in which toxicity monitoring is required, then 'monthly monitoring will
begin immediately until such time that a single test is passed, Upon passing this monthly test requirement, the penrattee will
revert to the quarterly months specified in the permit. Please, note that your permit rmiy or may not contain this language.
if your NPDES Permit specifies episodic 'monitoring and your facility does not have a dischargefrom January I -June 1„
Men you must provide written notification to the Environmental Sciences [liana hr June 31) that a discharge did not .occur
during the first six months of the calendar year,
If you receive notification from your contract laboratory that .a test was invalidated, you should immediately amity the
Environmental Sciences Branch at (9 19) 733-2136 and provide written documentation indicating why the test was
invalidated and the date when follosv-up testing will occur.
It your facility is required to conduct toxicity testing during a month in which no discharge, occurs, you 5h00IC1 complete the
intermation block located at the top of the AT form indicating the facility name, permit number, pipe number, county and
the monthiyear of the subject report, You should also write No Flow- on the Al l'orm, sign the form and submit following
normal procedures,
The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities
which haye not received a facility classification, In these cases, a duly authorized facility rupresentatiVe must sign the AT
cor,u, The AT form must also be signedby the performing lab sup
To determine it your AT test forms were received on time by the Division of Water Quality, you may consider submitting
your toxicity lest results certified mail, return receipt requested 10 the Environmental Sciences Branch,

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr, James L. Patterson
First Union Commons
2810 One First Union Center
Charlotte, NC 28202-6021
SUBJECT:
Dear Mr. Patterson:
May 28. 2003
NOTICE OF VIOL. ION
Effluent Toxicity Testing
NPDES Permit No, NC0086886
First Union Commons Treatment Facility.
Mecklenburg County
ei F. Easley
Governor
William G. Ross, Jr,, Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P,E., Director
Division of Water Quality
lhts is to inform you that the Environmental Sciences Branch has not received your toxicity self -
monitoring report form for the month of March 2003. This is in violation of Title 15A of the North Carolina
Administrative Code, Chapter 2, Subchapter 2B, Section .0506 (a)(1)(A) which states that "monthly monitoring
reports shall be filed no later than 30 days after the end of the reporting period for which the report was made."
Furthermore, there is not a Discharge Monitoring Report (DMR) in Central Files for March to indicate
that a chronic toxicity test was conducted. Please note that your NPDES permit requires you to submit an
Aquatic Toxicity Self -Monitoring Form to this office during a month in which toxicity testing is required,
regardless of whether a discharge occurs from the facility. On May 27, 2003, Mr. Kevin Bowden from this
office contacted Mr, Bruce Reilly with MACTEC to discuss toxicity reporting issues at this facility.
Please remember that reporting of toxicity self -monitoring data is a dual requirement. Toxicity test
resuits must be entered on your Discharge Monitoring Report and the Toxicity Reporting Form (AT Report
Form) must he submitted tot DWQIESI3, 1621 Mail Service Center, Raleigh NC 27699-1621 within the
required time frame.
You will be considered noncompliant with the reporting requirements contained in your NPDES Permit
for the month of March 2003 until you make acceptable demonstration to the Environmental Sciences Branch
that the report form was submitted to this office within the required 30 day reporting period. Please be advised
that late and/or non( -reporting of toxicity self -monitoring data subjects you to the enforcement authorit t of the
Division.
The reverse side of this Notice co italn; a summary oftntportant toxicity monitoring and reporting
requirements. Please read this one page summary and if you have any questions concerning this Notice, please
contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at [phone],
cc: Rex Regional Office
Regional Office
Aquatic Toxicology Unit Files
Central Fins
Sincerely,
on
ater Quality Section Chief
nvironmental Sciences
NCDEN
Customer Service Environmental Sciences Branch 1621 Mail Seuvtce Ce:nter Raleigh, NC 27699-1621 (919)'733.2136
860 623-7749

WHOLE EFFLUENT -.roman' MONITORING AND REPOWrING INFORMATION
The following items. are provided iii an effort to assist you with identifying critical and sometimes overlooked toxicity
testing and reporting information. Please take time to review this information. The items below do not address or include
all the toxicity testino and re ortin, ret uirements contained in vour NPDES .ermit. If you should have any questions
about your toxicity testing requirement, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at (919) '733.-
2136 or another Unit representative at the same number,
The permittee is responsible for ensuring that toxicity testing, is conducted according to the permit requirement and that
toxicity report .forms are appropriately filed,
The reporting of whole effluent toxicity testing data is a dual requirement, All toxicity test results must be entered (with the
appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to:
Toxicity test data
North Carolina Division of Water Quality
Central Files
1617 Mad Service Center
Raleigh, NC 27699-1617
IN ADDITION
ginal, "AT' form) must be submitted to the .following address:
North Carolina Division of Water Quality
Environmental Sciences Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Toxicity test results shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the
reporting period (eg, January test result is due by the end of February).
Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing
upon failure of any single quarterly toxicity test. If the initial passifail test fails or if the chronic value is lower than the
permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two
months. As many analyses as can be completed will be accepted, If your NPDES permit does not require use of multiple
concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single
concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives
effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response.
Toxicity testing months are specified by the NPDES Pemait, except for NPDES Permits. which contain episodic toxicity
monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and
December, then toxicity testing must be conducted during these months},
Should the permittee fail to monitor during a month. in which toxicity monitoring is required, then monthly monitoring will
begin immediately until such time that a single test is passed. Upon passing this monthly test requirement, the per -mince will
revert to the quarterly months specified in the permit, Please note that your permit. may or may not contain this language.
If .your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January I-june 30,
(hen you must provide written notification to the Environmental Sciences Branch by June 30 that a discharge did not occur
during the first six months of the calendar year.
If you receive notification from your contract laboratory that a test was insalidated, you should immediately notify. the
Environmental Sciences Branch at [phone] and provide written documentation indicating W h y the zest was
invalidated and the date when follm.v-up testing will occur.
If your facility is required to conduct toxicity:testing during a month in which no discharge occurs, you should complete the
information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and
the month/year of the subje0 report. You should also write "No Flow" on the /VI' form, sign the form and submit following
normal procedines.
The .Aquatic Toxicity Test forms shall he signed by the facility's Operator in Responsible Charge (ORC) except for facilities.
which. have not received a facility cla,ssification. In these cases, a duly authorized facility representative must sign he AT
form, The AT form must also be signed by the performing lab supervisor,
To determine if your AT test forms were received on time by the Division of Water Quatity, vou mas consider uhmittin
your toxicity test results certified mail, return receipt requested to the Environmental SC awes Bronchi
ry

Michael F. Easley
Governor
William G. Ross, Jr.,, Secretary
Department of Environment and Natural Resources
Alan W. Klimek, RE., Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUEST[ D
Mr. James L. Patterson
First Union Commons
2810 One First Union Center
30l S. College Street
Charlotte, North Carolina 28.202
SUBJECT:
Dear Mr. Patterson:
November 26, 2.002
NOTICE OF DEFICIENCY
Effluent Toxicity Testing
NPDES Permit No. NC0086886
First Union Commons Remediation Facility
Mecklenburg County
This is to inform you that t:he Dn has received your quarterly toxicity self -monitoring report form
for September 2002; however, the report form was not filed with the Environmental Sciences Branch. A
representative from this office located a copy of your September 2002 Aquatic Toxicity Test form attached to
your September Discharge Monitoring Report. Please be reminded that reporting of toxicity testing data is a
dual requirement and that. Aquatic Toxicity (AT) report forms must be submitted to the following address:
North Carolina Division of Water Quality
Environmental Sciences Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Monthly DMRs shall be sent to Central Files (address on back of page) and quarterly AT report forms
shall be sent to this office (162.1 Mail Service Center).
Our files contain correspondence dated 8/23/02 from this office to First. Union Commons citing a
similar situation that occurred with the June 2002 toxicity self -monitoring data. Please review and modify your
procedures for reporting of toxicity self -monitoring data such that Aquatic Toxicity Test Forms are sent to the
address above,
The reverse side of this Notice contains a summary of important toxicity monitoring and reporting
requirements. Please read this one page summary and if you have any questions concerning this Notice or any
aspect of your toxicity testing requirement, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at.
[phone].
cc: Rex Gleason -Mooresville Regional Office
John Lesley -Mooresville Regional Office
Aquatic Toxicology Unit Files
Central Files
11,071
I CDENR
Customer Service Environmental Sciences Branch
1-800-623-7748
Sincerely,
Overton
nt Water Quality Section Chief
for Environmental Sciences
1621 Mail Service Center
Raleigh, NC 27699-1621 [phone]

WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION
The following items are provided in an effort to assist you with identifyingcritical and sometimes overlooked toxicity
testing and reporting information, Please take time to review this information, The items below do not address or include
all the toxicity testing and reporting requirements contained in your NPDES permit, If you should have any questions
about your toxicity testing requirement, please contact Mr. 'Kevin Bowden with the Aquatic Toxicology Unit at (919) 733-
2136 or another Unit representative at the same number.
The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that
toxicity report forms are appropriately filed.
• The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the
appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to:
North Carolina Division of Water Quality
.Central Files
1617 Mail Service, Center
Raleigh, NC 27699-1617
IN ADDITION
Toxicity test data (original "AT" form) must be submitted to the following address;
Toydeit
reportt.
North Carolina Division of Water Quality
Environmental Sciences Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621,
results shall be ed with the EnvironmentalSciences
iod (eg, January test result is due by the end of February).
h no
he end
he
• Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing
upon failure of any single quarterly toxicity test. If the initial pass/fail test fads or if the chronic value is lower than the.
permit limit, then at least two multipleconcentration toxicity tests tone per month) will be conducted over the following two
months., As many .analyses as can be completed will be accepted. If your NPDES perrnit does not require use of multiple
concentration toxicity testing upon, failure of any single quarterly test, you may choose to conduct either single
concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives
effective July 1,1999. Follow-up multiple. concentration toxicity testing will influence the Division's enforcement response.
), Toxicity testing months are specified hy the NPDES Permit, except for NPDES Permits which contain episodic toxicity
monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and
December, then toxicity testing must be conducted during these months).
• If your NPDES Permit specifies episodic .monitoring and your facility does not have a discharge from January 1-June 30,
then you must, provide written. notification to the Environmental Sciences Branch by June 30 that a discharge did not occur
during the first six months of the calendar year.
If you receive notification from. your contract laboratory that a test was invalid.ined, you should immediately notify the
Environmental Sciences Branch at [phone] and provide written documentation indicating why the test (,ais
invalidated and the date when follow-up testing will occur.
• If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the
information block located at the top of the AT .forin indicating the facility name, permit number, pipe number, county and
the month/year of the subject report, You should also write "No Flow" on the AT form, sign the form and ,submit following
normal procedures.
The Aquatic Toxicity Test forms shall he signed by the fadlity's Operator in 'Responsible Charge (ORC) except for facilities
which have nut received a facility classification. In these cases, a duly authorized facility representative must sign the Al'
form.The AT forin must also be signed •by the performing Lib supervisor.
To determine if your AT test forms were received on time by the Division of Water Quality, you mayconsider submitting
yogi' toxicity test results certified mail return receipt. requested to the Environmental Sciences Branch.

North Carolina De
May 6, 2003
Mr. Patrick Mumford, Property Manager
First Union National Bank
1420 Two First Union. Center
Charlotte, NC 28288-0340
SUBJECT: Compliance Evaluation Inspection
First. Union Commons
401 S. Tryon Street
NPDES Permit. No. NC0086886
Mecklenburg County, NC
Dear Mr. Ivium.ford:
Mut chael F. Easley, Governor
Witham G. Ross, Jr,„Secretary
nrsertl and Natural Resources
Alan W. Klimek,. P.E., Director
Division of Water Quality
On April 23, 2003, Mr. David Rirner of the Mecklenburg County Water Quality Program
(MCWQP) conducted an inspection at the subject facility. This inspection was conducted as part
of a cooperative working agreement between Mecklenburg County and the Division of Water
Quality. The enclosed report should be self-explanatory.
If you have any questions concerning this report or any other matters, please do not
hesitate to call Mr. Richard Bridgeman or me at this Office.
Enclosure
cc: Rust«= Ro
6.4
C"ti°'QP
Sincerely,
D. Rex Gleason, P. E.
Water Quality Regional Supervisor
Mooresville Regional ©ff¢.e, 9`69 North Main Street, Mooresville, NC 28115
PHONE. [phone] Customer Service
FAX [phone] B00 6.23-748

United States Environmental Protection Agency, Washington , DC 20460
NPDES Compliance Inspection Report
North Carolina Department of Environment and Natural Resources
Division of Water Quality, Mooresville Regional Office
ATP:A,
NCDENR
Form Approved
OMB No, 2040-0003
Approval Expires
7/31/85
Transaction
N
Code NPDES .ermit
5 NC0086886
nspection Work D
0,5
Section A: National Data System C ding
Inspection Type
03/04/23
Remarks:
nspector: Mecklcnburg County Water Qu
*aci1ity Set toring Evaluation Rating B1
3
QA
N
nspecto
Faci1it, T
ection Facili
Name and Location of Facility Inspected:
First Union Commons GWRS
401 S. Tryon Street
Charlotte, NC 28202
Name(s) of On -Site Representatives Till
Mr, Joe Vickers, MACTEC Field Technician
Phone No(s):
357-8600
Entry Time:
01:05 pm
Exit Time:
01:35 pm
Date:
April 23, 2003
Permit Effective Date:
April 1, 2001
t Expiration Date:
0, 2005
Name and Address of Resp nsib e 0 cial:
Mr. Patrick Mumford
First Union Nation Bank
1420 Two First Union Center
Charotte, NC 28288-0340
Pe
Records/Reports
Facility Site Review
Effluent/ReceivinWat
F o
Areas Vithiated Duri
asurement
Self -Monitoring Program
El Compliance Schedules
Title:
Property Manger
Phone No.
[phone]
Inspection
Operations & Maintenance
[1 Sludge Handling/Disposal
LJ Pretreatment Program
EJ Stormwater
Contacted?
No
LJ Sewer Overflow
ED Pollution Prevention
El Multimedia
Other:
Section D; Summary, of Findings/Commen
All areas are rated satisfactory unless otherwise indicated. See Attached Sheet(s) for Summary
Signature
s) o
David J. Rimer
nspecto
Agency/Office/Telephone:
,MCWQP1(704) 336-5500
Date:
April 30., 2003
Signature of Reviewer:
Agency/Office
Date:
EPA Form 3560- (Revised 3-8
Previous Editions are Obsolete

GENERAL:
The facility was last inspected on April 30, 2002 by Mr. David Rimer of the
Mecklenburg County Water Quality Program (MCWQP). A Compliance Evaluation Inspection
report was issued on May 20, 2002.
PERMIT:
The current permit properly describes the facility and appears adequate for the waste
stream being treated.
The facility treats groundwater through a dewatering treatment system that consists of a
surge tank, transfer pumps, bag filter system, two-1,000 pound granular activated carbon vessels
in series, flow meter, control panel, and associated piping and appurtenances.
MACTEC of Charlotte, NC operates the facility. Joe Vickers is the Operator in
Responsible Charge (ORC) for the facility. Mr. Vickers does not hold any NC Wastewater
Certification, which is acceptable because the facility is unclassified.
The current permit became effective on April I, 2001 and expires on June 30, 2005,
RECORDS/REPORTS:
Discharge monitoring reports (DMR's) were reviewed for the period March 2002 through
February 2003. The reports appeared to be properly completed.
FACILITY SITE REVIEW:
The facility is permitted to discharge to the municipal stormstorin watersewer which flows to
Little Sugar Creek, a Class C water in the Catawba River Basin.
All of the major components of the facility were in service and operating at the tune of
inspection.
FLOW MEASURMENT:
Flow measurement is accomplished using a mechanical totalizer flow meter, which was
installed new in April 2001. The flow meter has not been calibrated but should be calibrated at
least annually.
LABORATORY:
Prism Laboratories, Inc. and ETT Environmental, Inc. perform analysis of effluent
samples. Prism Laboratories, Inc. and ETT Environmental, Inc. are certified by the State of
North Carolina to perform analysis on all parameters specified in the permit. Prism Laboratories,
Inc. and ETT Environmental, Inc. were not evaluated during this inspection.

EFFLUENT CEIVING WATERS:
The facility discharges to the municipal storm sewer system, which conveys the effluent
to Little Sugar Creek.
The discharge was clear at the time of inspection.
SELF -MONITORING PROG
Discharge Monitoring Reports (DINARS) were reviewed for the period March 2002
through February 2003. The reports indicate that the facility was in compliance with permit
effluent limits and monitoring requirements during this period.
OPE
TIONS
M 1 ENANCE:
The facility and site app- to be adequately maintained. The current overall operating
strategy of the site operator appears acceptable for the size and type of the facility.

Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. James L. Patterson
First Union Commons
2810 One First Union Center
Charlotte, North Carolina 28202-6021
St.TBJECT,
Dear Mr. Patterson:
February 28, 2003
NOTICE OF VIOLATION
Effluent Toxicity Testing
NPDES Permit No, NC0086886
First Union Commons Treatment Facility
Mecklenburg County
NC LiEPT„ QENVoi0Mhiti;,
AMO NATURAL RESOURCES
MAR 0 6 20133
This is to inform you that the Environmental Sciences Branch has received your toxicity self -
monitoring report form for the month of December 2002; however, the report form was received late, This
is in violation ofTitle 15A of the North Carolina Administrative Code, Chapter 2, Subchapter 2B, Section
„0506 (a)(1)(A) which states that "monthly monitoring reports shall be .filed no later than 30 days after the
end of the reporting period for which the report was made"
Information contained on your December 2002 DMR indicates that a toxicity test was
conducted December 17, We noticed that the Aquatic Toxicity Test Form was attached to your
December DMR in Central Files% Your November and December 2002 DMRs were received late by
Central Files on February.19.
Please ensure that Aquatic Toxicity Test Forms are submitted separately from your DMRs
and are mailed to: .DWQ/ESB, 1621 Mail Service Center, Raleigh NC, 27699-1621.
You will be considered noncompliant with the reporting requirements contained in your NPDES
Permit for the month of December 2002 until you make acceptable. demonstration to the Environmental
Sciences Branch that the report form was submitted to this office within the required 30 day reporting
period, Late and/or non -reporting of toxicity self -monitoring data subjects you to the enforcement
authority of the Division,
The reverse side of this Notice contains a summary of important toxicity monitoring and reporting
requirements. Please read this one page summary and if you have any questions concerning this Notice,
please contact Mr, Kevin Bowden with the. Aquatic Toxicology Unit at (919) 733-21.36,
Sincerely,
Overton
Assistant Water Quality Section Chief
for Environmental Sciences
Rex Gleason- Mooresville Regional Office
John Lesley- .Mooresville Regional Office
Aquatic Toxicology Unit Files
Central Files
`,7EDE
Customer Service
800 623-7748
Environmental Sciences Branch
1621 Mail Service Center Raleigh, NC 27699-1621 [phone]

WHOLE EFFLUENT Tommy MONITORING AND REPORTING INFORMATION
The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity
testing and reporting information. Please take time to review this information. The items below do not address or include
all the toxicity testing and reporting requirements contained in your NPDES permit, if you should have any questions
about your toxicity testing requirement, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit- at (919) 733,-
2136 or another Unit re -presentative at the same number,
The aerrnittee is responsible for ensuring that toxicity' testing is conducted according to the permit reqwremem and that
toxicity report 'forms are appropriately filed,
The reporting of whole effluent toxicity testing data is a dual requirement, All toxicity test re. rustrnust hc entered (svith the
appropriate parameter code) on your monthly -Discharge Monitoring Report which is ,submitted
North Carolina Division of Water Quality
Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617
IN ADDITION
Toxicity test data (original "AT" form) must he submitted to the :following address:
North Carolina Division of Water Quality
Environmental Sciences Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
> Toxicity test results shall he filed with the Environmental Sciences Branch no later than 30 days after the end of the
reporting period (eg. January test result is due by the end of February).
>. Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity' testing
upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is losver than the
permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two
months. As many analyses as can be completed will. he accepted., If your NPDES permit does not require use of multiple
concentration, toxicity testing upon failure of any single quarterly test, you may choose to conduct either single
concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives
effective July 1, 1.999, Follow-up multiple concentration toxicity testing will influence the Division's enforcement response,
• Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity
monitoring requirements fee, if the testing months specified in your NPDES permit are March, June, September, and
December, then toxicity testing must be conducted during these months).
e Should the permittee fail to 'monitor during a month in which toxicity monitoring is required. then monthly monitoring will
begin immediately until such Lime that a single test is passed. Upon passing this monthly test requirement, the perrnittee will
revert to the quarterly months specified in the permit, Please note that your permit may or may not contain this language,
If your NPDES Permit specifies episodic moMtoring and your facility does not have a discharge from January 1-Iime 30,
then you must provide written notification to the Environmental Sciences Branch by: June 30 that a discharge did not occur
durin.g the first six months of the calendar year.
If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the
Environmental Sciences Branch at 1919) 733-21.36 :cad provide 'written documentation indicating why the test was
invalidated and the date when follow-up testing 1,011 occur.,
• If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the
information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and
the month/year of the subject report. You should also write "No Flow" on the AT forrn, sign the form and submit following
normal procedures,
• The Aquatic Toxicity: Test forms shall he signed by the facility's Operator in .Responsible Charge (OR:Cl except for facilities
which have not received a facility classification. In these cases, a duly authorized facility representative must sign the AT
form. The AT form must also be signed by the performing lab supervisor,
• To determine if your AT test forms were :received on time hy the Division of Water Quahiy. you in,ay consider submitting
vour toxicity test results certified mail, return receipt requested to the Environmental Sciences Brandi,.

Michael F, Easley
Governor
William GRoss, Jr„ Secretary
Department of Environment and Natural Resources
Alan W, Klimek, P,E„ Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr, James L Patterson
2810 One First Union Center
301 S. College Street
Charlotte, North Carolina 28202
SUBJECT:
Dear Mr, Patterson:
August 23, 200
Effluent Toxicity Testing
NPDES Permit No. NC0086886
First Union Commons Remediation Facility
Mecklenburg County
AUG 2 7 2002
This is to inform you that the Division has received your quarterly toxicity self -monitoring report
form for June 2002; however, the report form was not filed with the Environmental Sciences Branch. A
representative from this office located a copy of your June 2002 Aquatic Toxicity Test folio attached to.
your June Discharge Monitoring Report. Please be reminded that reporting of toxicity testing data is a
dual requirement and that Aquatic Toxicity (AT) report forms must be submitted to the following address:
North Carolina Division of Water Quality
Environmental Sciences ; ranch
1621 ail Service Center
Raleigh, North Carolina 27699-1621
Monthly DMRs shall be sent to Central Files (address on back of page) and quarterly AT report
forms shall be sent to this office (1621 Mail Service Center).
Mr. Lance Ferrell from this office spoke with Mr. Bruce Reilly of Law Engineering concerning
another deficiency with the June 2002 AT report form. Specifically, the June 2002 did not include your
ORC's signature. Mr. Reilly was requested to submit another report fbi in containing the facility's ORC
signature. The report forrin must be submitted to the address listed above. I appreciate your assistance in
following up on this request.
The reverse side of this Notice contains a summary of important toxicity monitoring and reporting
requirements. Please read this one page summary and if you have any questions concerning this Notice or any
aspect of your toxicity testing requirement, please contact Mr. Kevin Bowden with the Aquatic Toxicology
Unit at [phone].
cc: Rex Gleason -Mooresville Regional Office
John Lesley -Mooresville Regional Office
quatic Toxicology Unit Files
*ntra1 Files
Sincerely,
verton
Assistant Water Quality Section Chief
for Environmental Sciences
ISIUDENR
Customer Service Environmental Sciences Branch 1621 Mad Service Center Raleigh, NC 27699-1621 (919) 7
1-800-623-7748

WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION
The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity
testing and reporting information. Please take time to review this information. The items below do not address or include
all the toxicity testing and reporting requirements contained in your NPDES permit, If you should have any questions
about your toxicity testing requirement, please contact NIL Kevin Bowden with the .Aquatic Toxicology' Unit at (9.19) 733-
2136 or another Unit representative at the same number.
The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that
toxicity report forms are appropriately filed.
The reporting of svhole effluent toxicity testing data is a dual requirement.. All toxicity test results must be entered (with the
appro.phate parameter code) on your monthly Discharge Monitoring Report which is submitted to:
North Carolina Division of Water Quality
Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617
IN ADDITION'
Toxicity test data (original "AT" form) must be submitted to the following address:
North Carolina Di -vision of Water Quality
Environmental Sciences Branch
1621 Mail Service Center.
Raleigh, North Carolina 27699-1621
> Toxicity test results shall he riled with the Environmental Sciences 'Branch no later than 30 days after the end of the
reporting period (eg, January test result is due by the end of February:).
Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing
upon failure of any single quarterly toxicity test, If the 'initial pass/fail test fads or if the chronic value is !wryer thanthe
permit limit, then at least two multiple concentration toxicity tests (one per month) will he conducted over the following two
months. As many analyses as can be completed will he accepted. If your NPDES permit does not require use of multiple
concentration toxicity testing upon failure of any single quarterly test, you may choose to condu.cteither single
concentration toxicity testing or multiple concentration toxicity' testing per the Division's WET enforcementinitiatives
effective July I, 1999, Follow-up multiple concentration toxicity testing will influence the Division's enforcement response.
Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity
monitoring requirements (eg, if the testing months specifiedin your NPDES permit are March, June, September, and
December, then toxicity testing must he conducted during thee months).
If your NPDES Permit specifies episodic monitoring and your facility does not have: a discharge from January 1-June 30,
then you must provide written n.otitication to the Environmental Sciences Branch 'by June 30 that a discharge did not occur
during the first six months of the calendar year.
If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the
Environmental Sciences Branch at (919) 733,-21.36and provide written documentation indicating why the test was
invalidated and the date when follow-up testing will occur.
If your facility is required to conduct toxicity testing during a month in whichno discharge occurs, you should complete the
information block locatedat the top of the AT form indicating the facility name,. permit number, pipe number, county and
the month/year of the subject report, You should also write No Flow" on the AT form, sign the form and submit following
normal procedures,
The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities
which have not received a facility classification. In these cases, a duly authorized facility representative mustsign the Al
form. The AT form must also be signed by the performing lab supervisor.
'no To determine if your AT test forms were received on time by the Division of Water Quality, von mav consider submitting
your toxicitytest results certified mail, return receipt requested to the Environmental Sciences Branch.

SSS*T'SS,SLS:.`,SSS;S"S'wSSvy;;,,w,lSfSSSSSii>Sii,r; : i.l Ski\Ss,::..ii{,SS\SSSSS,SviSS'.t,<{SY S ' ,,.. tlS SSNiiiiY iim
June 10, 2002
JUN 1
Mr. Kevin Bowden
Aquatic Toxicology Unit
Division of Water Quality
North Carolina Department of Environment and Natural Resources (NCDENR)
1621 Mail Service Center
Raleigh, North. Carolina 27699-1621
Subject:
First Union Commons Dewatering Treatment System
The Green
400-Block South Tryon Street
Charlotte, North Carolina
NPDES Permit No. NC0086886
LAW Project No. 30100-2-2318
Dear Mr. Bowden:
As you are aware from our conversation of June 4, 2002, Law Engineering and Environmental
Services, Inc. (LAW) is Operator in Responsible Charge for the ground water extraction system at
The Green in Charlotte, North Carolina. Over the past five weeks, the ground water system has
been experiencing additional inflow that when visually inspected included moderate turbidity and
upon further testing by a laboratory indicated the presence of fecal conform. LAW is convinced.
that the excess inflow is due a municipal sewer leak that allowing raw sewage to mix with the
ground water under the development. This correspondence has been prepared to provide to you
and staff at the Division of Water Quality a timeline of the events. On behalf of the permit holder,
LAW is also requesting guidance on the upcoming chronic toxicity testing that wse suspect will tail
due to the presence of the fecal coliform.
Awareness of Problem — April 29 through April 30
On April 29, 2002, LAW was contacted by the on site contractor regarding an overflow of the
holding tank associated with the referenced treatment system. LAW personnel mobilized to the
subject site and noticed that the system was receiving an unusually high flow of ground water,
which also had a brown tint. The cause of the overflow was a backup of solids, within the particle
filtration unit, restricting flow through the system. The filter elements were changed and the
system resumed operation. On April 30, 2002 LAW personnel visit the site to confirm proper
system operation. During this visit LAW personnel noticed that the flow, containing brown water,
had not receded. LAW personnel continued to monitor flow and water turbidity during a May 2.
2002 site visit. The site conditions had not changed. Initial opinions on the possible source for the
added influent and turbidity included landscape irrigation, as well as, municipal sewage.

if mon Contmons Dewtflertng'*reainle
NPDES Permit .,%(7008086
LAW Prgject 30100-2-2318
June 10. 2002
May Sampling Event and Results — May 7 through May 15
On May 7., 2002 a composite sampler was started to begin the process of water collection from the
system discharge pipe. Monthly samples, as outlined in the subject NPDES permit, were collected
and submitted to Pace Analytical Laboratories (Pace) on May 8, 2002. Throughout the sampling
period. LAW personnel continued to notice turbid water in the inlet as well as discharge from the
system. Pace completed testing of the samples collected and reported final results on May 15,
2002. Results indicated that all testing criteria, as outlined in the subject NPDES permit, were
within permitted guidelines. Please note that a result of "Not Detected" was reported for Total
Suspended Solids.
Supplemental Investigation and Testing — NIay 16 through May 23
On May 16, 2002 LAW personnel still continued to notice turbid 'water enter the system. It was at
this point that LAW began to investigate other potential causes as to the increased volume and.
turbidity of influent water. The landscape irrigation was still continuing, but given the continuing
turbidity of the influent water, municipal sewage was suspected to be contributing to the increased
flow and turbid water.
LAW scheduled a fecal conform sample to he collected the following week. On May 21, 2002
LAW personnel collected and submitted. to Pace a sample of influent groundwater to be analyzed
for fecal coliform. On May 23. 2002 results were sent to LAW indicating a fecal conform
concentration of 320 coliform forming. units per 100m.L.
Notification of Charlotte -Mecklenburg Utilities May 29
Based upon the given laboratory results, Mr. Eric Donnelly, of LAW, contaeted Mr, Ullysses
"Pete" Watkins of the Charlotte -Mecklenburg Utilities (CMU) to report on the current findings on
May 29, 2002. Mr, Watkins expressed concern of the situation and directed Mr. Donnelly to
contact Mr. Dennis Baker, also of CMU, to report the current situation,. Mr. Baker mobilized a
response team to the subject site the afternoon of May 29, 2002.
In a phone conversation between Mr. Donnelly and Mr. Baker the morning of May 30, 2002, it
was made known that various manholes along College Street were clogged with debris. The
response team removed much of the debris that consisted of concrete, silt, wood products and
other miscellaneous discarded materials the night of May 29, 2002. Mr. Donnelly proceeded to
visit the subject site on May 30, 2002 to meet with Mr. Baker to continue to further discuss future
investigate activities. CMU personnel noted that the sewer main along College Street was
currently flowing freely and other associated pipelines were being investigated and cleaned. Mr.
Donnelly noted that since the line blockage was removed (the suspected release area) system
influent groundwater flow and quality would be observed for changes in the subsequent days.
Notification of the Division of Water Quality — May 30
On May 30. 2002 Mr. Bruce Reilly, P.E., of LAW, notified Mr. Richard Bridgeman„ of the
Mooresville Regional Office, of the current situation regarding the subject system. This phone
conversation was completed as part of due diligence required by NPDES permit guidelines.

-irst Union Commons Len airng Treatment System
NPDES Perntif tVC0086886
LA IV Project 3'0100-2-2318 „tune 0, 2002
Separately, Mr. Watkins contacted Mr. Rex Gleason, of the Mooresville Regional Office, to report ,
..„..„.....„.... „. „ „
the current situation.
Site Conditions — June 4 to Present
Results of a June 4, 2002 site visit indicated that influent ground water flow and turbidity, had not
changed, Mr. Donnelly contacted Mr. Watkins the morning of June 4. 2002 to report the findings.
Mr. Watkins stated that a more aggressive investigationwould follow in the coming days. It was
not confirmed as to what investigative measures would take place. 'The influent water quality
continues to visually indicate the presence of turbidity and LAW suspects that fecal conform
remains present in the influent, LAW is attempting to reduce the level of suspected conform by
reducing the in -line filter sizes from 25 to 10 micron. Test results are pending.
Criticality of Continuing Dervatering/Disinfeetion
As described in recent phone con.versations, the subject dewatering treatment system operation is
critical for the structural integrity of the complex at which it is installed, Under no circumstances
can ground water pumping cease due to the impacts on the structural integrity' of the development.
Due to the physical nature of the subject site, the underdrain system i.s inaccessible for cleansing.
Plan of Events for June/Jul3,'
LAW will perform the permit required, and verbally confirmed, chronic toxicity testing in the
month of June. As you recommended., we will complete the sampling as late as possible in an
effort to reduce the fecal conform concentration levels (assuming the leak is found and corrected
by then). The chronic toxicity testing will be combined with the required monthly testing of the
effluent per standard practice. LAW will also test the sampled effluent for fecal conform levels.
Should the chronic toxicity test fail, LAW will proceed with a repeat chronic toxicity (pass/fail)
test in July. This is different from the requirements of the permit which state that the subsequent
toxicity tests be multiple concentrations, LAW and the permit holder are requesting guidance
from the Division on other steps that the Division feels would be beneficial.
Future Compliance Issues/Assessments
LAW and the permit holder, Childress Klein, are very concerned that should a toxicity test failure
occur in June, and/or in subsequent months, that the Division of Water Quality will begin
enforcement action against the permit holder. LAW and Childress Klein wish to point out to the
Division that the discharge from the ground water treatment system has continuously been in
compliance. We don't think that any enforcement action due to possible non-compliance from the
sewage leak is warranted or justified. We have taken action and continue to take action to mitigate
the impact of the sewage leak on the system and the receiving stream. The referenced breach of
municipal sewage collection system is not the fault of the permit holder. LAW or operation
failures of the dewatering treatment system.

Od2S Ll('1�8'd
00 86
LAW Project 3
tirste eta
2002
Should need additional in orrnttic n cto not hesitate to contact NrRe ill\ at (704) 600,
inccrclk°
LAW NGINE
c ': Doi'
Project Pry ft sional
A. EN IRONMENTAL SERVICES NC.
yes Patterson — ("Irildress Klein Propertie
vgar) Smith — Childress Klein Properties
Pete Watkins CCU
Rex Gleascm, P.E. n.W NC. I R, Mooresville Re i nal Office
Rusty tto ielle — Land 1. se and Environmental Service Agency
Bruce D. Reilly, P.E.
Principal/Project Mana

Mr, Patrick "card
First Union National Bank
1420 Two First Union Center
Charlotte, NC 28288-0340
Dear
ford:
0,
002
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe,, Ph.D, Acting Director
Division of Water Quality
SUBJECT: Compliance .valuation inspection
First Union Commons
401 S. Tryon Street
NPDES Permit No. NC0086886
Mecklenburg ounty, NC
On April 30, 2.002, Mr, David Rimer of the Mecklenburg County, Water Quality Program
(MCWQP) conducted au inspection at the subject facility. This inspection was conducted as part
of a cooperative working agreement between Mecklenburg County and the Division of Water
Quality. The enclosed report should be self-explanatory.
If you have any questions concerning this report or g ther afters, please do not
hesitate to call Mr. Richard Bridgeman r me at this Office.
Enclosure
cc Rusty Ro. ells, C'
SP
F t Fars rr
mer Service
623 7748
QP
Division of Water Orr
Y
Sincerely,
D. Rex Gleason, P. E.
Water Quality Regional Supervisor
North
set Mooresville, N 28 is Phone {7
Fax

Transacirnn
N
United States Environmental Protection. Agency, Washinitton , DC 20460 Form Approved.
NPDES Compliance Inspection Report Avy OMB No. 2040-0003
North Carolina Department of Environment and Natural Resources Approval Expires
Division of Water Quality, Mooresville R.e6ona1 Office NCDENR 7/31185
Code
5
Section A: National Data System Coding
NPDES Permit No, YR/MO/DAY Inspection Type
NC0086886 02/04/30
Insp
c or Facility Type
Remarks:
Inspector: Mecklenburg County Water Quality Program
Inspection Work Days Facility Self-Monitorint,, Evaluation Rating BI
0.5
3
Name and Location of Facility Inspected:
First Union Commons GWRS
401 S. Trvon Street
Charlotte, NC 28202
Narne(s) of On -Site Representatives
Mr, Eric Donnelly., Law Engineering
: Facility Data
" Entry Time:
0940 am
Exit Time:
10:15 am
Date:
Apri1 30, 2002
QA
Title(s) Phone No(s):
•rator in Responsible Charge [phone]
Name and Address of Responsible Official:
1 .Mr. Patrick .Mumford
First Union Nation Bank
1420 Two First Union Center
Charlotte., NC 28288-0340
Permit
Records/Reports
Z Facil.i.ty Site Review
, Effluent/Receiving Waters
Section C:
Areasa ated Durin
asurement
Self -Monitoring Program
Compliance Schedules
Permit Effective Date:
April 1, 2001
Permit Expiration Date:
June 30, 2005
Title:
• Property Manger
one No.
[phone]
Operations nanc
Sludge Handling/Disposal
Pretreatment Program
Z Laboratory LI Stormwater
Section D: Summary of Findings/Comments
Sewer Overflow
'El Pollution Preven
Multimedia
El Other:
411 areas are rated satisfacto
spector(s):
avid J. Rimer:
,nature ofReviewer:
EPA Forin3,560-3 (Revised 3-85
unless otherwise indicated. See Attached Sheet(s) for Summary'
Agency/Office/Telephone:
MCWQP/[phone]
c
evious Editions are Obsolete
Date:
May 7, 2002

GENERAL:
This is the first inspection of the facility by MCWQP..
PERMIT:
The current pen -nit properly describes the facility and appears adequate for the waste
stream being treated.
The facility treats groundwater through a dewatering treatment system that consists of a
surge tank, transfer pumps, bag filter system, two-1„000 pound granular activated carbon vessels
in series, flow meter, control panel, and associated piping and appurtenances.
Law Engineering and Environmental Services, Inc„ of Charlotte, NC operates the facility,
Eric Donnelly is the operator in Responsible Charge (ORC) for the facility.
The current permit became effective on April 1, 2001 and expires on June 30, 2005.
RECORDS/REPORTS:
Discharge monitoring reports (DMR's) were reviewed for the period April 2001 through
March 2002. The reports appeared to he properly completed.
FACILITY SITE REVIEW:
The facility- is permitted to discharge to the municipal storm water sewer which flows to
Little Sugar Creek, a Class C water in the Catawba River Basin.
All of the major components of the facility were in service and operating at the time of.
inspection. The system components are new and were installed. in April of 2001.
FLOW MEASURMENT:
Flow measurement is accomplished using a mechanical totalizer flow meter, which was
installed new in April 2001.
LABORATORY:
Prism Laboratories, Inc. and EFT Environmental, Inc. perform analysis of effluent
samples. Prism Laboratories, Inc. and ETT Environmental, Inc, are certified by the State of
North Carolina to perform analysis on all parameters specified in the permit. Prism Laboratories,
Inc. and ETT Environmental, Inc, were not evaluated during this inspection.

EFFLUENT CEIVING WATERS:
to
The facility discharges to the rr ieipal sty sewer system, which conveys the e
e Sugar Creek:
The discharge
SE F-IVIONITORING
the time of inspection.
uent
Discharge MonitorinReports (DMRs) were reviewed for the period April 200E through
ch 2002. The reports indicate that the facility was in compliance with permit effluent lint' ts
and monitoring requirements during this period, except for the following:
Four ( failed Chronic Todicity tests in violation of the NPDES permit requirements
were noted. These occurred for tlae t on of April and June through August ust 2001. A
Notice of Violation and Assessment of Civil Penalty deuznet was issued by the MR0
on October 10, 2001 for the violations,.
Pe pit effluent o onng freluene' requirements were being net;
OP" A TIONS AND MAINTENANCE:
The fa ill }and site appear to be adequately aintained, Thee rent overall operating
strategy of the site operator appears acceptable for the site d type of the faeilit ,