NC0036641_NOVNOI2021LV0478 Response_20210708

S
July 8, 2021
Daniel Boss, Assistant Regional Supervisor
Water Quality Operations Section
Asheville Regional Office - Division of Water Resources - NCDFQ
2090 US Hwy 70
Swannanoa, NC 28778
Tracking Number: NOV-2021-LV-0478
Permit No. NC0036641
Dear Mr. Boss:
We are in receipt of the Notice of Violation letter dated 6/29/2021 for violation of the Nitrogen limits for
the month of February 2021.
We respectfully request NCDEQto consider the waiving of any fees and penalties based on the following:
Fletcher Academy, recognizing that our lagoon was ageing, started planning and working for a
permanent solution to our wastewater needs in the Fall of 2014. We worked with Henderson
County officials, local and county engineers, NCDEQ, MSD, and others to develop this solution
that resulted in the March S, 2021 connection to the Mud Creek Interceptor/Cane Creek Water
& Sewer System, and on to MSD. FAI's agreement with CCWSD was for a contribution of over
$1M for the sewer extension. Additional costs, including approximately $400K for the closure of
the lagoon, have exceeded another 600 to 700K. Any remediation of fines and fees due to this
violation that occurred lust days prior to our connection would be appreciated and will help to
defray these significant costs.
In late January three of our nine aerators quit working. We were scheduled to connect the next
week and thus held off the repairs of the aerators believing we would be connected to the
county sewer line in the next few days. However, the certification of the sewer line was delayed,
and connection was pushed out about a month. Immediately upon knowing of the delay we
fixed the 3 aerators and brought them back online but as a result the lagoon was not operating
as effectively for this short time, and this potentially impacted the Nitrogen levels in February.
Had we connected as scheduled we would have avoided this violation.

s The inability for Fletcher Academy to connect to the sewer system over a year ago (initially
scheduled for completion in November of 2019) was beyond our control and not a result of any
inaction or negligence by Fletcher Academy.
We have been working closely with all regulatory and county officials over many years to get to the point
of connection on March 5, 2021. The lagoon has subsequently been deconstructed and
decommissioned and has grass growing where it once was located.
Thank you for your consideration of our request to remediate any fines and fees related to this violation.
We are glad to be connected to MSD and to be completed with this project. We appreciate the
assistance of NCDEQ in making this a reality.
Respectfully,
/A
Gary Carl n Chris Carey
Project M nager President/CEO
I