NC0067342_Permit issuance (supplement)_20180222

OFFICE OF THE SHERIFF
BUNCOMBE COUNTY, NORTH CAROLINA
Van Duncan, Sheriff
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
60 COURT PLAZA 4TH FLOOR
JUDICIAL COMPLEX
ASHEVILLE, NC 28801
REC
ENFoiDENRIDwR
13 NIB
DATE: APRIL 05, 2018 wa.c.. ;,,, 63urces
FILE:
perm►ttic ►g section
NC DEPARTMENT OF ENVIRONMENTAL QUALITY
VS
JAMES RICE
I, N. Baxevanis, being duly sworn I do hereby certify that on the 05th day of April
2018. I was able to personally serve the attached process by delivering the same to the
defendant in the above entitled action or that service was obtained on the defendant in
accordance with North Carolina statute, in person to the register agent James Rice.
Notary Public
Buncombe County, North Carolina
My commission expires:
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Buncombe County
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Water Resources
ENVIRONMENTAL QUALITY
March 27, 2018
To:
Buncombe County Sheriff's Department
Attn: Civil Process
60 Court Plaza
4th Floor
Asheville, NC 28801
From:
NC Department of Environmental Quality
Division of Water Resources
Water Quality Permitting Section
1617 Mail Service Center
Raleigh, NC 27699-1617
To Whom It May Concern:
ROY COOPER
MICHAEL S. REGAN
LINDA CULPEPPER
Interim Director
Please find enclosed documents that the Division of Water Resources requests be delivered by the
Buncombe County Sheriff's Department. Also included is self-addressed envelope for return of service
and a check in the amount of $30 for the delivery of these items. This information should be delivered
to the following recipient:
Mr. James Rice
Eaven Brice Partnership
329 Emma Road
Asheville, NC 28806
If you have any questions concerning this request, please contact me at 919-807-6333 or via email at
[e-mail].
Sincerely,
Brianna Young
Compliance and Expedited Permitting Unit
State of North Carolina I Environmental Quality J Water Resources
1617 Mail Service Center I Raleigh, NC 27699-1617
919 807 6300 919-807-6389 FAX
https://deq. nc. gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/npdes-wastewater-permits
4(/5

11J:
Water Resources
ENVIRONMENTAL QUALITY
February 22, 2018
Mr. James Rice
Eaven Brice Partnership
329 Emma Road
Asheville, NC 28806
ROY COOPER
MICHAEL S. REGAN
LINDA CULPEPPER
lnh,riir1 [)il Cc/01
Subject: NPDES Statutory Moratorium
NPDES Permit NC0067342
North View Mobile Home Park WWTP
Class WW-2
Buncombe County
Dear Mr. Rice:
The Division of Water Resources (hereby known as the Division) has determined that the North
View Mobile Home Park Wastewater Treatment Plant (WWTP) is unable to adequately treat the
volume of wastewater flow it receives on a daily basis. This determination has been reached
based upon 1) an analysis of data provided by the facility on its monthly self -monitoring reports;
2) the results of on -site inspections of the WWTP, including those when split sampling of the
effluent was performed; and 3) the results of a 2015 study of the effects of the WWTP discharge
on Flat Creek, along with more recent observations indicating no significant improvement in
water quality downstream of the discharge.
A review of self -monitoring data submitted to the Division since January 2016 has indicated the
occurrence of seven (7) violations of NPDES permit effluent limits for BOD, TSS, and Fecal
Coliform. Three (3) of four (4) inspections of the WWTP conducted during that same period of
review found the facility to be noncompliant with the terms of the NPDES permit. During the
May 8, 2017 inspection, wastewater solids were observed leaving the WWTP and entering Flat
Creek. Effluent monitoring conducted by DWR on that date yielded a fecal coliform count of
>1,500 /100 ml in violation of the daily maximum permit limit of 400 /100 ml. This and other
inspections concluded that not all new treatment components are being utilized and that the
WWTP still experiences spike or surge flows that lead to the washout of wastewater solids.
Division staff have observed fine wastewater solids in Flat Creek downstream of the WWTP
discharge.

Mr. James Rice
February 22, 2018
Page 2 of 3
The Division has not received Process Control Reports since June 2017. These reports, which
are required to be submitted to the Division monthly by the current NPDES permit, should
include, but not be limited to, the results of the aeration basin, activated sludge, and 30-minute
settleable solids test. The lack of Process Control Reports being submitted prevents the Division
from being aware of how the WWTP is operating.
North Carolina General Statute § 145-215.67(a) states, in part, that no person subject to the
provision of NCGS 143-215.1, 143-215.108, or 143-214.109 shall cause or allow the discharge
of any wastes to a waste -disposal system in excess of the capacity of the disposal system or of
any wastes which the waste -disposal system cannot adequately treat. Should these terms be
violated, NCGS 143-215.67 states a moratorium can be imposed "on the addition of waste to a
treatment works" if the treatment works is not capable of adequately treating additional waste.
Based upon the facts and determination noted above, the North View Mobile Home Park WWTP
is hereby placed on a moratorium prohibiting the introduction of any additional waste to the
collection system tributary to the WWTP. This is to be interpreted as to prohibit the issuance of
permits for new sewer lines to be connected to the WWTP, any new tap-ons to the existing
collection system, and/or the introduction of significant volumes of new wastewater flow via
existing taps (subject to the provisions of the statute). Furthermore, this is to be interpreted to
mean that the current occupancy of the mobile home park community cannot be increased.
Additionally, should a currently occupied unit be vacated, that unit cannot be reoccupied until
the moratorium is lifted. This moratorium shall become effective 45 days from your receipt of
this letter.
This moratorium will remain in effect until Eaven Brice Partnership has sufficiently
demonstrated it can adequately treat wastewater flowing to the North View Mobile Home Park
WWTP and has obtained written notification from the Division of the lifting of this moratorium.
As required by NCGS 143-215.67(d), Eaven Brice Partnership shall give public notice that a
moratorium will be placed on the discharge of additional waste to the North View Mobile Home
Park WWTP within 15 days of the receipt of this letter. Eaven Brice Partnership shall give
public notice of the moratorium by publication of the notice one time in a newspaper having
general circulation in Buncombe County. The notice shall be as provided in the attached, sample
public notice.
Eaven Brice Partnership shall provide an affidavit of publication and a copy of the public notice
to the Division within 30 days of publication of the public notice.
Placement of the public notice in no way absolves Eaven Brice Partnership from past or present
violations of North Carolina General Statutes. Failure to place the public notice may subject
Eaven Brice Partnership to additional enforcement action by this office.
State of North Carolina Environmental Quality Water Resources
1617 Mail Service Center Raleigh, North Carolina 27699-1617
919 806 6300

Mr. James Rice
February 22, 2018
Page 3 of 3
Correspondence pertaining to this moratorium should be sent to the Division at the address listed
at the bottom of the first page of this letter. If you have any questions about this letter, please
contact me at 828-296-4680 or via email at [e-mail].
Sincerely,
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: NPDES Permit Files - Laserfiche
Central Office -
Buncombe County Building Inspection - email
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 806 6300

FACT SHEET FOR EXPEDITED PERMIT RENEWALS
This form must be completed by Permit Writers for all expedited permits which do not require
full Fact Sheets. Expedited permits are generally simple 100% domestics (e.g., schools, mobile
home parks, etc) that can be administratively renewed with minor changes, but can include
facilities with more complex issues (Special Conditions, 303(d) listed water, toxicity testing,
instream monitoring, compliance concerns).
Basic Information for Expedited Permit Renewals
Permit Writer/Date
Brianna Young/Sonia Gregory 2/22/18
Permit Number
NC0067342
Facility Name
North View Mobile Home Park WWTP
Basin Name/Sub-basin number
French Broad River 04-03-02
Receiving Stream
Flat Creek
Stream Classification in Permit
C
Does permit need Daily Max NH3 limits?
Already present
Does permit need TRC limits/language?
Already present
Does permit have toxicity testing?
No
Does permit have Special Conditions?
Yes
Does permit have instream monitoring?
No
Is the stream impaired (on 303(d) list)? For
what parameter?
No
Any obvious compliance concerns?
Yes — BOD daily max exceeded on numerous
occasions; TRC frequency violations; Flow
frequency violations (see below)
Any permit mods since last permit?
Yes — components list updated
Current expiration date
10/31/2015
New expiration date
3/31/2023
Comments received on Draft Permit?
Yes (see below)
Comments received on draft permit during April/May 2017 public comment period; see
permit file for comments received on the draft permit from James Rice (permittee) and
Derrick Bailey (lawyer representing Rodney Bradburn).
Meeting held in Asheville Regional Office on August 17, 2017 based on comments
received on draft permit; see permit file for comments received on the draft permit during
this meeting.
Public hearing held on November 15, 2017 based on significant public interest in the draft
permit; see permit file for comments received during the public hearing and public
comment period following the hearing.
See permit file for hearing officer's report based on comments received during all comment
periods.
Compliance history (September 2012 to October 2017):
• 4 NOVs for BOD limit violations
• 6 enforcement cases for BOD limit violations
• 1 NOV for TSS limit violation

• 1 NOV for BOD monitoring violation
• 2 enforcement cases for TRC monitoring violations
• 1 NOD for fecal coliform monitoring violation
• 1 NOV for fecal coliform monitoring violation
• 3 NOVs for flow monitoring violations
• 1 NOV for ammonia nitrogen monitoring violation
• 1 NOV for TSS monitoring violation
Changes from previous permit to initial draft:
• Updated components list
• Facility address updated on cover sheet and supplement to permit cover sheet
• Language in A(1) and A(2) removed stating "All samples collected should be
from a representative discharge event."
• Section A(3) removed on annual reporting
• Former A(4) language updated about process control (now A[3])
• Section A(4) added about instream assessment
Changes from previous permit to draft permit sent to Public Notice:
• Language added on Supplement to Permit Cover Sheet about grade of facility and
ORC per discussions with ARO
• Footnote added on Supplement to Permit Cover Sheet about AtC per discussions
with ARO
• Regulatory citations added
• Outfall map updated (arrow updated to point at correct discharge location, and
coordinates updated)
• Language and a footnote for eDMR has been added in A(1) and as A(6)
• Monitoring for BOD, TSS, and summer NH3 changed from weekly to 2/week in
A(1) per discussions with ARO
• Monitoring for NH3 as N winter changed from 2/month to 2/week in A(1) per
discussions with ARO
• Footnote added for BOD, TSS, and NH3 monitoring on Mondays in A(1) and A(2)
per discussions with ARO
• Flow footnote added regarding flow measurement device in A(1) and A(2) per
discussions with ARO
• Updated language in A(3) per discussions with ARO
• Added A(5) for special conditions per discussions with ARO
Changes from draft to final permit:
• Outfall map updated
• Changed expiration date to reflect a full 5-yer permit cycle
• Added stream classification info on Supplement to Permit Cover Sheet
• Footnote on Supplement to Permit Cover Sheet updated to reflect A(2) and A(4)
instead of just A(2) per ARO comment

• Added instream monitoring and associated footnotes #2 and #6 for fecal coliform
and TSS in A(1) and A(2) based on discussions with ARO
• Increased fecal coliform monitoring in A(1) and A(2) from weekly to 2/week, and
added footnotes 5 and 6 with this parameter, based on discussions with ARO
• Measurement frequencies for BOD, TSS, NH3 as N increased to 2/week in A(2)
based on discussions with ARO
• Updated flow footnote in A(2) to match that in A(1)
• Added language "All samples collected shall be from a representative discharge
event and comply with Part II, Section D. (1)" under A(1) and A(2) based on
discussions with ARO
• Updated eDMR language in A(6) to current language used
Hearing Officer's Report recommendations:
• Upon review of the North Carolina Secretary of State website, Eaven Brice
Partnership does not exist any longer. Recommend getting clarification from James
Rice on his actual business partnership and associated mailing address
o DWR response: As the permitted owner of North View Mobile Home Park
is a Partnership, it would not appear on the North Carolina Secretary of State
website. Therefore, no follow-up is required.
• Include a requirement for the North View MHP to upgrade their plant and submit as-
builts for newly installed and previously installed equipment at the facility, and have
the upgrades signed off by a NC Professional Engineer no later than 6 months after
issuance of the final permit.
o DWR response: Section A. (5) Special Conditions meets the
recommendation for upgrading facilities and submitting as-builts.
• Institute a tap moratorium on the facility
o DWR response: Based on comments received for the public hearing, as well
as the recommendation of the hearing officer, DWR is proceeding with a tap
moratorium for the North View Mobile Home Park WWTP.
• Specify the sampling points
o DWR response: After discussions with the Asheville regional office,
instream monitoring has been added to the permit for fecal coliform and TSS
with upstream and downstream sampling points defined.

Environmental
Quality
MEMORANDUM
From:
January 24, 2018
Amy Chapman
Transportation Permitting Branch Supervisor
DWR
ROY COOPER
Governor
MICHAEL S. REGAN
Secretari
LINDA CULPEPPER
Interim Director
To: Linda Culpepper, Interim Director
Subject: Division of Water Resources Public !fearing for the North View Mobile Home Park
INTRODUCTION:
I fearing Officer: Amy Chapman
Transportation Permitting Branch Supervisor
DWR
Date: November 15, 2017
Location: North Buncombe High School
890 Clark's Chapel Road, Weaverville, NC
Number of Attendees: 44
Speakers: 16
The hearing was conducted on Wednesday November 15, 2017 at 6:30pm at the North Buncombe High
School in Weaverville. NC. The hearing was well attended and everyone in attendance acted orderly and
polite to fellow presenters. Approximately 44 people were in attendance. John Hennessy of the
Compliance and Expedited Permitting Branch of DWR provided a PowerPoint presentation to those in
attendance at the hearing. Landon Davidson, Linda Wiggs, and Zan Price from the Asheville Regional
Office and Brianna Young of the Compliance and Expedited Permitting Branch of DWR provided staff
support during the hearing.
SUMMARY:
At your request, I functioned as the Division of Water Resources' (DWR) hearing officer for the draft
NPDES permit renewal sought by Eaven Brice Partnership for the North View Mobile Home Park
(facility) on North View Park Road in Weaverville, NC.
This draft permit renewal is proposing to discharge wastewater to Flat Creek in the French Broad River
Basin. The special conditions of this draft permit for the North View Mobile Home Park include an
instream water quality assessment. if the assessment shows there is no stream degradation caused by this
facility, then the expansion from 32,000 gpd to 50,000 gpd is allowed. Other special conditions of the
State of North Carolina l Environmental Qualtth
I617 Mail Ser ice Center I Raleigh. North Carolina 27699-1617

draft permit include process control logs that are required to be submitted by the 10th of each month. The
use of these process control logs are enforceable by the permit and can be altered by DWR as needed.
This particular facility has had compliance issues associated with wastewater discharges in the past that I
outline below. I've included a copy of the proposed draft NPDES permit renewal, Benthic
Macroinvertebrate Study, and Settlement Agreement in the Appendices.
COMPLIANCE HISTORY OF THIS FACILITY:
1. In September 2015, DWR performed a benthic survey of the receiving stream that indicated the
facility's discharge was having a deleterious impact on the receiving stream the current discharge
of approximately 22,000 gpd.
2. A civil penalty was assessed to Mr. James Rice and Ea. ven Brice Partnership (Petitioners) in the
amount of $25,377.67 for violations of the NPDES Permit NC0067342 for the North View
Mobile Home Park. The violations were for stream standard impacts to Flat Creek, the receiving
stream for this mobile home park. A Settlement Agreement was reached between DWR and the
Petitioners in June of 2016. This agreement is Appendix D in this report.
3. The Asheville Regional Office successfully filed a complaint to the Water Pollution Control
Systems Operator Certification Commission (WPCSOCC) for the operator, James Queen, of the
subject facility. The WPCSOCC revoked the operator's license. The WPCSOCC successfully
defended their revocation decision in OAH in December 2016. Currently, the operator of the
facility has filed for appeal of the OAH decision. •
HEARING COMMENTS:
All of the speakers at the hearing were against the draft renewal of this facility. The common themes
amongst those that spoke against were:
• All speakers objected to the expansion and associated draft permit renewal for the facility;
• Many speakers have grown up living along Flat Creek. They can remember when they were
growing up and they played in the creek. Now it's so contaminated, they don't let their kids in it;
• DWR should have unannounced compliance checks of the facility;
• Wildlife that used to be seen along the creek no longer come;
• Foul smell from the facility keeps homeowners from being outside. At times, the smell is so
strong it burns their nose and eyes;
• Observed visible solids leaving the facility;
• Pump sound at the facility is extremely loud;
• Concerns of the groundwater and how it could affect their private wells;
• DWR inspections are slow and ineffective;
• Concerns about property values;
• A couple of speakers wanted DWR to do continuous flow monitoring of the facility;
• Concerns Mr. Rice hasn't been in compliance for years, but is being allowed an expansion;
• There's lots of trash in the creek from this facility;
• Issues with the current operator of the facility possibly having his license revoked; and
• Concerns of increased traffic on the small local roads if this facility expands.
There were no speakers in support of the draft permit.
WRITTEN COMMENTS:
After the hearing, the attendees were given until November 30, 2017, to submit comments to DWR.
During and after the hearing, a total of 36 written comments were received by DWR. The written
comments were consistent with the comments heard during the hearing. All but one was against the draft
permit renewal of this facility. These written comments do include comments received by DWR during
the 30-day public comment period for the draft NPDES permit renewal for this facility from April 21,

2017- May 21, 2017, and during the August 17, 2017 meeting with a landowners adjacent to the facility
in the Asheville Regional Office.
The written comments that were against the project consisted of:
• Concerns over the stark contrast between the clear waters upstream of the facility compared to
the solids downstream of the facility;
• Expansion will lead to increased pollution in the area;
• Expansion would lead to increased trash, traffic and crime in the area;
• The current facility emits a horrible odor frequently;
• Several have stated they personally witnessed raw sewage being dumped into the receiving
stream;
• The pump sound from the facility is unbearable and can be heard from within the adjacent
homes;
• Fear of not being able to resell their property adjacent to this facility;
• Sewage backs up from the lower side of the property and becomes a mess;
• Construction for the expansion would remove many trees that are beneficial for esthetics, for
preventing erosion and providing homes for native wildlife;
• A homeowner's property receives overflow from the creek floodwaters that should be using the
floodplain where this current facility is located;
• Due to the "huge number of violations on the site, this expansion.should not be allowed";
• Major concerns from several homeowners adjacent to the facility about water quality for their
family, livestock and pets;
• Concerns that Mr. Rice has been allowed to break the law numerous times by allowing raw
sewage to be dumped into the stream;
• Runoff from the current facility allows for oil, mud and trash to flow into adjacent properties and
the stream;
• Concerns that the operator is having his license revoked;
• Inspections should occur twice a week at minimum with fines increased;
• Return Flat Creek to its original state;
• Concerns for safety of drinking water of nearby wells;
• Fear of drinking water shortages due to neighbors sharing the same aquifer with this facility; and
• Current facility can't handle 33,000 gallons, but are being considered for 55,000-gallon
expansion;
The written comment in favor of the expansion was from Mr. James Rice. He stated he believed the
permit exceeded the federal requirements. He also stated that he believed his settlement agreement was
not in good faith nor transparent.
RECOMMENDATION:
Upon review of the North Carolina Secretary of State website, I found that Eaven Brice Partnership, the
listed permittee, does not exist any longer. I would recommend getting clarification from Mr. James Rice
on his actual business partnership and associated mailing address.
I also recommend:
• The final version of the NPDES permit for this facility should include a requirement for the North
View Mobile Home Park to upgrade their plant and submit as-builts for newly installed and
previously installed equipment at the facility. Also, have the upgrades signed off by a North
Carolina Professional Engineer no later than six months after issuance of this final permit.
• Institute a tap moratorium on the facility.
• Specify the sampling points in the final version of the renewal permit.

A copy of all the written comments and a summary of the oral comments during the hearing are also
included in the Appendices for your review.

Environmental
Quality
MEMORANDUM
From:
January 24, 2018
Amy Chapman
Transportation Permitting Branch Super v isor
DWR
ROY COOPER
MICHAEL S. REGAN
furl
LINDA CULPEPPER
interim liter* •
Linda Culpepper. Interim Director
Subject: Division of Water Resources Public Hearing for the North View Mobile Home Park
INTRODUCTION:
Hearing Officer: Amy Chapman
Transportation Permitting Branch Supervisor
DWR
Date: November 15. 20 I 7
Location: North Buncombe High School
890 Clark's Chapel Road. Weaverville. NC
Number of Attendees: 44
Speakers: 16
The hearing was conducted on Wednesday November 15, 2017 at 6:30pm at the North Buncombe !Ugh
School in Weaverville. NC. The hearing was well attended and everyone in attendance acted orderly and
polite to fellow presenters. Approximately- 44 people were in attendance. John Hennessy of the
Compliance and Expedited Permitting Branch of DWR provided a PowerPoint presentation to those in
attendance at the hearing. Landon Davidson. Linda Wiggs. and Zan Price from the Ashes ille Regional
Office and Brianna Young of the Compliance and Expedited Permitting Branch of DWR provided staff
support during the hearing.
SUMMARY:
At your request. I functioned as the Division of Water Resources' (DWR) hearing officer for the draft
NPDES permit renewal sought bv Eaven Brice Partnership for the North View Mobile Home Park
(facility) on North View Park Road in Weaverville. NC.
This draft permit renewal is proposing to discharge wastewater to Flat Creek in the French Broad Riser
Basin. The special conditions of this drafi permit for the North View Mobile lime Park include an
instrcam water quality assessment. If the assessment shows there is no stream degradation caused by this
facility. then the expansion from 32,000 gpd to 50.000 gpd is allowed. Other special conditions of the
Mak. of North ( arohna I 11N lionniental Quithi‘
I (i 1 7 Mail Ski% ice (*Ono Rakth North ( arnillia 27t09. Ibi 7

draft permit include process control logs that are required to be submitted by the 10th of each month. The
use of these process control logs are enforceable by the permit and can be altered by DWR as needed.
This particular facility has had compliance issues associated with wastewater discharges in the past that I
outline below. I've included a copy of the proposed draft NPDES permit renewal, Benthic
Macroinvertebrate Study, and Settlement Agreement in the Appendices.
COMPLIANCE HISTORY OF THIS FACILITY:
1. In September 2015, DWR performed a benthic survey of the receiving stream that indicated the
facility's discharge was having a deleterious impact on the receiving stream the current discharge
of approximately 22,000 gpd.
2. A civil penalty was assessed to Mr. James Rice and Ea. ven Brice Partnership (Petitioners) in the
amount of $25,377.67 for violations of the NPDES Permit NC0067342 for the North View
Mobile Home Park. The violations were for stream standard impacts to Flat Creek, the receiving
stream for this mobile home park. A Settlement Agreement was reached between DWR and the
Petitioners in June of 2016. This agreement is Appendix D in this report.
3. The Asheville Regional Office successfully filed a complaint to the Water Pollution Control
Systems Operator Certification Commission (WPCSOCC) for the operator, James Queen, of the
subject facility. The WPCSOCC revoked the operator's license. The WPCSOCC successfully
defended their revocation decision in OAH in December 2016. Currently, the operator of the
facility has filed for appeal of the OAH decision. •
HEARING COMMENTS:
All of the speakers at the hearing were against the draft renewal of this facility. The common themes
amongst those that spoke against were:
• All speakers objected to the expansion and associated draft permit renewal for the facility;
• Many speakers have grown up living along Flat Creek. They can remember when they were
growing up and they played in the creek. Now it's so contaminated, they don't let their kids in it;
• DWR should have unannounced compliance checks of the facility;
• Wildlife that used to be seen along the creek no longer come;
• Foul smell from the facility keeps homeowners from being outside. At times, the smell is so
strong it burns their nose and eyes;
• Observed visible solids leaving the facility;
• Pump sound at the facility is extremely loud;
• Concerns of the groundwater and how it could affect their private wells;
• DWR inspections are slow and ineffective;
• Concerns about property values;
• A couple of speakers wanted DWR to do continuous flow monitoring of the facility;
• Concerns Mr. Rice hasn't been in compliance for years, but is being allowed an expansion;
• There's lots of trash in the creek from this facility;
• Issues with the current operator of the facility possibly having his license revoked; and
• Concerns of increased traffic on the small local roads if this facility expands.
There were no speakers in support of the draft permit.
WRITTEN COMMENTS:
After the hearing, the attendees were given until November 30, 2017, to submit comments to DWR.
During and after the hearing, a total of 36 written comments were received by DWR. The written
comments were consistent with the comments heard during the hearing. All but one was against the draft
permit renewal of this facility. These written comments do include comments received by DWR during
the 30-day public comment period for the draft NPDES permit renewal for this facility from April 21,

2017- May 21, 2017, and during the August 17, 2017 meeting with a landowners adjacent to the facility
in the Asheville Regional Office.
The written comments that were against the project consisted of:
• Concerns over the stark contrast between the clear waters upstream of the facility compared to
the solids downstream of the facility;
• Expansion will lead to increased pollution in the area;
• Expansion would lead to increased trash, traffic and crime in the area;
• The current facility emits a horrible odor frequently;
• Several have stated they personally witnessed raw sewage being dumped into the receiving
stream;
• The pump sound from the facility is unbearable and can be heard from within the adjacent
homes;
• Fear of not being able to resell their property adjacent to this facility;
• Sewage backs up from the lower side of the property and becomes a mess;
• Construction for the expansion would remove many trees that are beneficial for esthetics, for
preventing erosion and providing homes for native wildlife;
• A homeowner's property receives overflow from the creek floodwaters that should be using the
floodplain where this current facility is located;
• Due to the "huge number of violations on the site, this expansion should not be allowed";
• Major concerns from several homeowners adjacent to the facility about water quality for their •
family, livestock and pets;
• Concerns that Mr. Rice has been allowed to break the law numerous times by allowing raw
sewage to be dumped into the stream;
• Runoff from the current facility allows for oil, mud and trash to flow into adjacent properties and
the stream;
• Concerns that the operator is having his license revoked;
• Inspections should occur twice a week at minimum with fines increased;
• Return Flat Creek to its original state;
• Concerns for safety of drinking water of nearby wells;
• Fear of drinking water shortages due to neighbors sharing the same aquifer with this facility; and
• Current facility can't handle 33,000 gallons, but are being considered for 55,000-gallon
expansion;
The written comment in favor of the expansion was from Mr. James Rice. He stated he believed the
permit exceeded the federal requirements. He also stated that he believed his settlement agreement was
not in good faith nor transparent.
RECOMMENDATION:
Upon review of the North Carolina Secretary of State website, I found that Eaven Brice Partnership, the
listed permittee, does not exist any longer. I would recommend getting clarification from Mr. James Rice
on his actual business partnership and associated mailing address.
I also recommend:
• The final version of the NPDES permit for this facility should include a requirement for the North
View Mobile Home Park to upgrade their plant and submit as-builts for newly installed and
previously installed equipment at the facility. Also, have the upgrades signed off by a North
Carolina Professional Engineer no later than six months after issuance of this final permit.
• Institute a tap moratorium on the facility.
• Specify the sampling points in the final version of the renewal permit.

A copy of all the written comments and a summary of the oral comments during the hearing are also
included in the Appendices for your review.

APPENDIX A
PUBLIC HEARIN(: NOTICE
NORTH VIEW MOBILE HOME PARK IN BUNCOMBE COUNTY
NORTH CAROLINA DIVISION OF WATER RESOURCES
PUBLIC NOTICE
N.C. DEPARTMENT OF ENVIRONMENTAL. QUALITY INTENT TO ISStUE NPDES
WASTEWATER DISCHARGE PERMIT #NC0067342
Public comment or objection to the draft permit is invited. All comments received by November
30, 2017 will be considered in the final determination regarding permit issuance and permit
provisions.
PUBLIC HEARING
The N.C. Department of Environmental Quality will hold a public hearing to accept comments
on the aforementioned draft permit at 6:30 pm Wednesday. November 15. 2017 at North
Buncombe l ligh School. 890 Clarks Chapel Road. Weaverville. NC. Speaker registration begins
at 6 pm.
PERMIT APPLICATION
Eaven Brice Partnership has applied for an NPDES permit renewal for North View Mobile
Home Park. North View Park Road. Weaverville, NC, in Buncombe County. to discharge
wastewater to Flat Creek in the French Broad River Basin. A copy of the draft wastewater permit
is available upon request by contacting Brianna Young of the Division of Water Resources at
919-807-6333, or by e-mail at: Brianrra. Young'cvncdenr.gov. A copy of the draft wastewater
permit is available online at
http://edocs.deq.nc.gov/WaterResources/O/doc!597562/Page 1.aspx?searchid=el fl edc0-0816-
45f7-92ad-d�5ccd8d6b3e. Printed copies of the draft permit and related documents may be
reviewed at the department's Asheville Regional Office. To make an appointment to review the
documents. please call 828-296-4500.
Public comments on the draft permit should be mailed to: Wastewater Permitting. Attn: Brianna
Young. 1617 Mail Service Center, Raleigh, NC. 27699-1617. Public comments may also be
submitted by email to: I3rianna.YoungAncdenr.gov. Please be sure to include "North View
Mobile I tome Park" in the email's subject line.

APPENDIX B
POWERPOINT GIVEN AT THE HEARING

1/22/2018
November 15, 2017
Department of Environmental Quality
= -:_-�..�t•4 ' 11 j A ... � ^_•'�'t�,-s+�_`"_'fir` . �
Water Quality Standards
• Established by states (with EPA approval)
• Water quality must conform to designated use
• Antidegradation Policy
•'1)•pical Uses
• Public water supplies
• Protect human health
• Propagation of fish and wildlife
• Recreational
• Agricultural
Clean Water Act Overview
• Section 303 — Classifications & Standards
• Section 402 — National Pollutant Discharge Elimination System
(NPDES)
• Wastewater
• Stormwater
• Pretreatment
NC
National Pollutant Discharge Elimination System
(NPDES)
• Congressional Goals
• Permit every discharge to waters
•Eliminate all discharges by 1985
• Protect water quality standards (technology based and water quality
based bruits)
• Discharge of toxicants at toxic amounts be prohibited
• Discharge to waters is not a right
NC
1

1/22/2018
NPDES OVERVIEW
• Clean Water Act 1972
'Congress assigned responsibility to implement to EPA
*Delegated to North Carolina in 1975
•North Carolina Statues & Rules to Administer Program
• 106 Grant to administer the program
• EPA Oversight
• Audits
-Approve Standards
• Approve Major permits
Who Needs an NPDES Permit?
• Direct discharge to surface waters (any process wastewater or
collected stormwater)
•Indirect Discharge/Pretreatment
• Deemed permitted activities
NPDES Laws & Regulations (Federal & State)
•Federal CWA- Section 402
•Federal Regulations Part 40 CFR
• State NCGS 143-215.1 (Permitting)
•State 143-215.6A(Compliance)
- State 15A NCAC 2H.0100 (Permitting)
• State I5ANCAC 2B .0100 & .0200 (WQ Standards)
INED
Types of Permits (Wastewater)
• Individual Penults — (1200 Permits)
• Majors - 218
• Minors -- 1000
• General Permits (8 Permits)
•GW remediation
•Non -contact cooling water
• Fish Farms
• Single Family Resident
• ATC Permit
NC
2

1/22/2018
NPDES Permitting Process
•Complete Application- 180 days prior
- Draft Permit
- Public Notice- 30 day comment period
•Public Hearing
Final permit- 5 year duration
•Total process time
Permit Components (Individual Permits)
- Components List
•Effluent Limitations/Monitoring
- Special Conditions
* Standard Conditions (Boilerplate)
Recent Compliance History of NVMHP
• Civil Penalty for $25,377,67 assessed to December 2015
• 3 Options when assessed a civil penalty
• Contested case filed in Office of Administrative Hearings
• Settlement Agreement Signed June 2016
•$10,000 penalty
•Quarterly split samples with DWR
• New Flowmeter installed at NVMHP (approved by DWR)
• Monthly Process Control Report Submittals
• Flow expansion contingent on DWR stream assessment — performance
based
INC
Components List
Continue to operate a 0.032 MGD wastewater treatment facility consisting of the
following components:
• Manual Bar Screen
• Aerated Basins with Sludge Return
• Sludge Holding Tank-
• Circular Center -Feed Clarifier
• Imhof Rectangular Clarifier/Holding Chamber
• Chlorine Tablet Disinfection
• Tablet Declorination
3

1/22/2018
Effluent Limits & Monitoring for NVMHP .032 MGD
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Special Conditions for NVMHP
• Instream Water Quality Assessment (0.32 MGD to 0.050 MGD)
• 3 to 6 months after effective date of permit
• DWR notification to permittea
• Permittee can arrange for3a party observer
• If no stream degradation — Expansion possible
Effluent Limits & Monitoringfor NVMHP .050 MGD
.40
14111111112▪ 0.
t.l.n.e•ay.um
Special Conditions for NVMHP
• Instream Water Quality Assessment (0.32 MGD to 0.050 MGD)
• Permittee may hire Independent consultant
• DWR will consider 3i° party analysis
• Denial of Expanded Row —1 year before next request
• DWR has final determination on stream assessment!!
• Take Home Message: Instream Performance
NC
4

1/22/2018
Special Conditions for NVMHP
•Process Control Logs
•Required to Complefe•and Submit by the 10th
• DWR can alter logs as needed
• Use of process control log enforceable part of permit
Anticipated Permit Timeline
• Public Hearing — November 15, 2017
*Public Comment Period Closes.— November 30, 20I7
-Anticipated Hearing Officer's Report —January 31, 2017 •
•Final Permit Decision — No later than February 28, 2018
Standard Conditions (Boilerplate)
*Standard Conditions for all Permits
' "EPA approved
•5 Sections
- Definitions
"Duty to Comply & Mitigate
'Operation & Maintenance
-Monitoring Requirements
• Reporting Requirements
Contact Information
"John Hennessy — Supervisor, Compliance & Expedited
Permitting Branch
-Email — john.hennessy(ncdenr gov
• Phone — 919-807-6377
• Website: https://deq.nc.gov/about/divisions/water-
resources/water-resources-permits
5

1/22/2C=18
6

APPENDIX C
BENTHIC" MACROINVERTEBRATE STUDY OF FLAT CREEK

Water Resources
EMVtRQNMOO Al. QUAL ITN
Division of Environmental Quality
Biological Assessment Branch
April, 25th, 2016
PAT MCCRORY
Gervisor
DONALD R. VAN DER VAART
S JAY ZIMMERMAN
Din aor
Memorandum
To: Langdon Davidson (Supervisor, Asheville Regional Office)
Through: Cyndi Karoly (Chief, Water Sciences Section) Q-'/(
From: Fr �. sleek (Biological Supervisor, Biological Assessment Branch)
Subiect: Results of Benthic Macroinvertebrate Special Study: Flat Creek, North View Mobile
Home Park Waste Water Treatment Plant (NC0067342).
In an effort to determine the condition of the benthic macroinvertebrate communities present both
upstream and downstream of the North View Mobile Home Park Waste Water Treatment Plant
(WWTP), two benthic macroinvertebrate samples were obtained. These samples were requested by
the Asheville Regional Office, Biological Assessment Branch staff involved in these collections were
as follows: Eric Fleek, Michael Wafters, Victor Holland, and Mike Turner.
Two stations (one upstream of the aforementioned discharge, and one downstream of the discharge;
Figure 1) were surveyed for benthic macroinvertebrates on September 15, 2015. The biological data
generated from these collections suggest deleterious impacts to the benthic macroinvertebrate
community located below the discharge. Please refer to the attached report for further analysis.
Please feel free to contact Enc Fleek at enc.fleekAncdenr.gov or at 919-743-8469 should you have
any questions or comments about these results.
State of North 1. efohns I En omi wotal ()milt, i Water Resource,
Wata Sciences Section
1631 Mad $orrice Center
Raleigh NC 27699.1621
919 743-8400

1
t
Discharge: Northvlew Mobile Home Park WWTP
•
Downetveam: Flat Creek, Off SR"1717
0 0.05 0.1 Miles
Z t
Buncombe County
a
•a.r- 14- w ` i
• l c t t18V hle
t
S.r`t-r1-\ 1
i` i• \sk%
\'`h
ti,
Upstream: Flat Creek, Off SR
eanb
4+ OpenStrectMap (end) c antrltut
Figure 1. Locations of Benthic Macroinvertebrate Sampling Sites on Flat Creek.
Buncombe County, North Carolina. Northview Mobile Home Park WWTP Study.

Table 3. Summary Physical and Habitat Data: Flat Creek (Upstream & Downstream of NC0067342)
RAT CR RAT CR
OFF SR 1717 OFF SR 1717 Downstream
Buncombe Buncombe
EB474 EB475
9/15/2015 9/15/2015
12030 12028
Habitat Scores
Channel modification (5) 4
in-01M tIllbitat (20) 18
.Bottom substrate 051 13
Pool varietik1,01
Riffle habitats 111,(11,_
Bank erosioni7)
, Bank vegetation (,7i
LOtpenetration 1,10
Left riparian t5:
Right riparian L5,,,
_Total Habitat Score 1100
Other Habitat
Average stream width tmj
Average stream *Mimi
, Can9PYlik_
• Substrate tilo
Boulder
Cobble
Grave)
Sand
SR
Other
T
4
18
13
7 7
- 1
L4 IA
6 6
6
7
2
2
3
3
79 80
5
0.4
80
1
20
30
20
Phys Icochemical
Temperature C'CI
10
10
10
5
0.4
60
10
30
20
20
20
Bedrock
16.3 13
Dissolved oxygen kmgX.) 9.3 1 9.6
- -
Specific conductance kpmhos/crni 143.6 149.4
Turbidity ntik 11 32
-PH 7.5 6.9

Results
Flat Creek, Off SR 1717 U
Figure 2. Flat Creek (Upstream of Discharge)
The upstream segment of Flat Creek, in terms of land use, habitat quality, drainage area size, and
physical stream size was virtually identical to that of the downstream segment (Tables 1-3). However,
the upstream location included the collection of several pollution intolerant caddisflles that were
entirely absent from the downstream segment (e.g., Leucotrichia pictipes, Ceraclea flava,
Nectopsyche exquisite, Oecetis spp., Chimarra spp., and Neophylax spp). in addition, there were
numerous pollution tolerant taxa absent at the•upstream location but present below the discharge
including 15 taxa of chironomids, the highly pollution tolerant oligochaetes Haplotaxis gordioides, and
ilyodri/us templetoni, as well as the highly pollution tolerant leeches Helobdella stagnalis, and H.
triserialis. Furthermore, of the pollution tolerant taxa present at both locations, most were more
abundant downstream than upstream (e.g., Chironomus spp., Polypedilum scalaenum gr., Trlbelos
jucundum, Physa spp.). In summary, and despite the pronounced physical similarities between these
sites, there were notable differences measured in the upstream community relative to that measured
below the discharge. Specifically, EPT diversity (EPTS) and EPT abundance (EPTN) were both
higher upstream versus downstream, and both the EPTBI and the BI were lower upstream than
downstream ('fable 4).

Conclusions
Although both the upstream and downstream sampling locations received Good -Fair
biociassifications, the segment downstream of the discharge had fewer EPT species (EPTS), lower
EPT abundance (EPTN), a higher EPTBI and a higher Bi, relative to the upstream location (Table 4).
Although the total species diversity (S) below the plant was higher than above the plant, nearly all of
those additional taxa were comprised of highly pollution tolerant taxa, most of which were not found
upstream of the discharge. For example, for the highly pollution tolerant group (chironomidae) there
were 26 species collected downstream but only 19 upstream, of which 15 were found downstream
only. Other highly pollution tolerant organisms found downstream but not upstream included the
Oligochaetes Haplotaxis gordioldes, the leeches Helobdella stagnalis, and H. triserialls. in addition, of
the pollution tolerant taxa present at both locations, most were more abundant downstream than
upstream (e.g., Chironomus spp., Polypedilum scalaenum gr., Tribelos Jucundum, Physa spp.).
Landuse practices above the upstream location and above the downstream location are virtually
identical (Table 2). Moreover, the size of the stream (and the size of its respective watershed) at both
the locations were also essentially identical (Tables 1-2) and the habitat present at both stations were
also nearly identical (Table 3). These similarities indicate that the differences observed in the
biological community between the upstream and downstream location -are not the result of differences
in .landuse patterns, stream size, watershed size or habitat quality but rather the result of the
discharge.
Of additional note, one parameter (turbidity) was noticeably divergent between the upstream and
downstream sampling segments. The turbidity measurements were both obtained during clear, sunny
weather, and were taken at both locations before any portion of the stream segment was disturbed for
sampling in order to prevent re -suspending particulates (which would contaminate the turbidity
measurement). Given these measurements, it is significant to note that the turbidity at the
downstream location (32) was significantly.higher than the upstream location (11); Table 3. This
discrepancy is likely the result of the large quantities of floc noted (both deposited and suspended)
throughout the downstream reach (Figure 4). This floc was present only in the stream segment
located below the discharge pipe. The natural result of flowing water likely entrained this material,
causing it to be suspended in the water column, which then resulted in the elevated downstream
turbidity value.
In summary, the higher EPTBi and BI, and lower EPTS and EPTN at the downstream segment
suggest that the North View Mobile Home Park WWTP Is having an adverse influence on the
invertebrate community located downstream of the discharge. The exceedingly similar lnduse,
stream size, watershed size, and habitat parameters measured at both locations strengthens this
conclusion as it rules out other sources of impacts to the community below the discharge.

- • Appendix I. Taxa and Relative Abundances.
FLAT CR
OFF SR 1717
Upstream
Buncombe COUNTY 15
Sep 2015
FLAT CR
OFF SR 1717
Downstream
Buncombe COUNTY
15 Sep 2015
v roCI , lictit. . t A14#.fe,;W4,-
Baeticlae • Acentralla nadlneae
R
R
Beefs ttavistriga
C
C
Butts intercalaris
A
A
Beads pluto
R
C
'Lablobaetis propinquus
R
A
Piaudttus cestus
C
R
Plaudllus dublus gr
R
R
Procloeon sop
R
C
Baetisddae Baetlsca spp
R
C
Ephemeridae Ephemera spp
C
Heptageruldae Heptagenia mar_ginalts gr
A
R
Leucrocuta spp
A
A
Maccaffertium ithaca
A
A
Ittlac,caffertium modestum
A
A
Stenacron paktum.
A
C
Isonyctuldae Isonychia spp
C
C
Leptchtitke__or!?Tp
R
....Trtco
Le.idc-•oAFf_ rt.':"#‘_ -.:f '',"-•,::
Perlidae Acroneuria abnomils
A
A
Parailnetina irrimarginate
R
R
f Tri;hopl.:ti' riC 4-1 :1,;.;(: .-. -
Hydropsychidas Cheumatopsyche spp
A
A
Hydropsyche (C.) bronta
R
Hydropsyche (C.) spama
C
C
Hydropsyohe (H.) sop
R
Hydroptllidae Leucotrfchla pictipes
C
Leptoceridae Cenactea [lava
C
Nectopsyche exquisite
C
Nectopsyche spp
R
Oecetis sop
R
Triaenocies spp
A .
C
Ptiflopotamtdae Chlmarra spp
C
Ptuyganeldae 0119cstomis pardalls
R
Poiyoentropodidae Nyctlophytax SPP.
A
R

Con noneura app
Cddolopus bidndus
Cryptofctirnnornus app
CrLvtotendipas spp
Dicrotend*es neornodeaus
Mcoklndipea pidelius2r
Nanodadus brancNcolus
Natarste sf. A
Orlhodadius afflatus
Fiat Creek Plat Creek
Upairaws`per' �
m
C
R
C
Orlhodadius nipntus R
Paralauterbornianes rrionaheSsm N
Peratanytaraus dteelm!b C
Paratendipes attamanus
R
Phaenoosectra obedieres fa# C
Phaenopae tra puric$ipasyr
C
1
PoIi p+alk.n fs1a h, A
Pohl um Swum R
Potypeddum halterale yr R
PolypediItun Itunoense gr A A
Polypedaium scataanurn gr R A
Ptadadlus app
Rhsocrfootapus robadtl
Rheota arc s VP
Tarsus spp
Thienemanniella spp
Thienernannimy+a 9r
Tdbelos juarndurn
Tvetinta baverica gr
I Owen. attar „
Ceratopogonkise Barafa/Paipomyie app
Dbddae Dixella spp
Rhagion.dae Athens tenths
SimuNidae S imub,,m app
Tebanfdae ChrYsaPS spp
Tipuiidae Antocha app
HexatomaP
gilloshsece
Hapbtaxidae Haptotaxis 9nrdioides
Lumbdcutidae Lu nbrtaulidae
Tubitir*dae iiiodnlus templetoni
Tub1flc des
•
R
C
A
C
R

APPENDIX D
SETTLEMENT AGREEMENT

STATE OF NORTH CAROLINA'
COUNTY OF BUNCOMBE
IN THE OFFICE OF
ADMJNISTRATIVE HEARINGS
15 EHR 06892
EAVEN BRICE PARTNERSHIP,
JAMES RICE
Petitioners,
v.
SETTLEMENT AGREEMENT
DEPARTMENT OF
ENVIRONMENTAL QUALITY,
Respondent.
The Department of Environmental Quality ("DEQ"), Division Water Resources ("DWR")
Respondent, Eaven Brice Partnership and James Rice ("Petitioners"), hereby enter into this
Settlement Agreement ("Agreement") in order to amicably resolve matters in controversy as it
relates to the civil penalty assessment herein described. This matter arose out of the assessment
of a civil penalty issued by DEQ in the amount of twenty-five thousand, three hundred seventy- .
seventy dollars and sixty-seven cents ($25,377.67), including nine hundred twenty-seven dollars
and sixty-seven cents ($927.67) in enforcement costs, imposed upon Petitioner on December 16,
•
2015 (the "Civil Penalty Assessment"), for violations of the NPDES Permit NC0067342
("Permit") issued for Northview Mobile Home Park (NVMHP) and for stream standard impacts
to Flat Creek, the receiving stream. DEQ and the Petitioners have reached the following
settlement agreement in this matter:
1. The Petitioner will pay ten thousand dollars ($10,000.00) to DEQ for settlement.
The Settlement. Amount shall be due and payable on or before June 3, 2016.

2. The payments shall be by check made payable to the North Carolina Department
of Environmental Quality (or to "DEQ") at the following address:
Anita LeVeaux
Attorney General's Office
Air, Water & Natural Resources, Environmental Division
Post Office Box 629
Raleigh, NC 27602-0629
3. Eaven Brice Partnership ("Permittee"), will immediately implement the following
measures/conditions, unless another timeframe is more specifically noted below :
a. On a quarterly basis, DWR will require the designated N. C. Certified
Wastewater Operator in Responsible Charge ("ORC") to collect sufficient
volumes of water sample to allow DWR to collect split -samples for all or
select parameters or utilize DWR-owned sampling equipment for sample
collection.
i. DWR will provide at least 24 hour advanced notice to the ORC or
permittee when utilizing DWR equipment to sample and 24 hour
notice when collecting split -samples.
ii. When collecting split -samples, DWR reserves the right to observe the
entire sample collection procedure. DWR analytical results will be
available for review at the Asheville Regional Office ("ARO" or
"Asheville Regional Office").
b. Within 15 days of the execution of this agreement, Permittee shall submit
documentation identifying the type of new flowmeter to be installed at the
NVMHP wastewater treatment facility. The flowmeter must be approved by
DWR prior to purchase and installation and must be of industry standard
specifications. The new flowmeter shall be installed and operational within 15
days of DWR's approval.
i. The Permittee shall inform DWR at least one week prior to the
flowmeter install date.
DWR must inspect and approve the installation and operation of the
flowmeter prior to use.
iii. The flow data shall be included on the monthly reports submittals.

c. Submittal of a monthly process control report is required pursuant to the
NPDES permit and this agreement. Monthly process control reports must be
completed by the ORC or back-up ORC. The reports are to be received by the
Asheville Regional Office no later than the 10th day of the following month of
reporting. Reports must be submitted on forms provided by DWR. Monthly
reports are required for a 24 month period or as otherwise noted in Permit.
d. Within 30 days of signing this agreement, DWR will verify the currently used
flow -proportion composite sampling method and equipment. DWR will
coordinate with the ORC to meet onsite for a complete review of the
methodology and equipment used. if DWR does not approve of the method or
equipment, new sampling methods and/or equipment will be required to be
purchased, installed and operational within 60 days.
e. Owners of classified water pollution control systems must designate operators
pursuant to 1 SA NCAC 08G .0201.
4. Expanded Discharge Conditions and Facility Compliance. Discharges greater
than 0.032 MGD per day are not authorized until DWR approval is obtained in
writing. The following conditions (4.a., 4.b. and 4.c.) will be incorporated into the
draft Permit and will be submitted to the public review process as part of the
permit renewal process. The inclusion of the proposed condition in the draft
permit does not guarantee that the condition will be in the final document as all
comments tendered during the public comment period must be considered by
DWR.
a. Not less than three months, nor more than six months, unless by written
agreement of the parties, from the effective date of the renewed permit, and
upon request of the Permittee, DWR will perform an instream assessment of
the receiving stream, Flat Creek, to assess both water quality parameters and
macroinvertebrate populations. DWR will notify Permittee of the date of the
instream assessment in sufficient time that Permittee can range for an
independent third party to attend and share samples collected. lilt is
determined that the permitted discharge from the facility is not causing stream
degradation resulting in water quality standard violations, including narrative
standards, which determination shall not be unreasonably withheld, then
DWR will grant Permittee discharges of up to 0.050 MGD provided the
facility is being operated in a manner such that it is compliant with its Permit .
The Permittee may voluntarily hire an independent third party to do an
instream assessment using DWR approved instream assessment
methodologies at any time. Permittee will provide DWR sufficient notice of

the sampling so that DWR may have their personnel attend and share samples
collected. DWR will consider such data in conjunction with its own instream
data, when making its determination of whether water quality standards are
being contravened as a result of the NPDES discharge.
b. The Permittee may make a written request that a stream assessment be
performed by DWR prior to the date established above as long as the facility
is compliant with its Permit NC0067342, but no sooner than threenionths
from the effective date of the permit. The Permittee may hire a third party to
perform an instream assessment using DWR approved instream assessment
methodologies; DWR will consider the data from that assessment when
making its compliance determinations. Continued noncompliance at the
facility may prevent DWR from approving discharges greater than 0.032
MGD.
c. If DWR denies the expanded flow above 0.032 MGD, then the Permittee may
request another DWR assessment be done annually (from the date of the last
instream assessment) thereafter.
5. Facility compliance determination, for the purposes of paragraph 4, will be
evaluated in the following manner:
a. Routine NPDES facility inspections of the subject facility will be performed
by at least two DWR stafE Any inspection findings or compliance
determinations will be approved by both DWR staff present during the
inspection. The inspections will be performed in a manner consistent with all
other DWR NPDES facility inspections applying standard DWR and EPA
inspection practices and knowledge such as those cited in EPA 305-X-04-001,
and the Sacramento Wastewater Training Manuals. DWR will notify the
Permittee to reasonably coordinate routine inspections with the Permittee and
ORC as DWR does on all other routine NPDES inspections.
b. Review and evaluation of all monitoring data.
c. In evaluating facilities to determine compliance, DWR considers the
operational configuration of each individual facility and any specific or unique
operational challenges of the subject facility. DWR will apply the same
considerations when determining compliance status for the NVMHP NPDES
as other DWR permitted facilities. Inspections will include, but will not be
not limited to, examination of the following treatment components of the
facility:
i. Bar Screens
ii. Aeration Basins
iii. Secondary Clarifier
iv. Disinfection
v. Dechlorination
vi. Effluent Pipe
6. The material breach of any condition of Paragraphs one (1) or two(2)by the
Pemuttee/Petitioners will render due and payable the balance of the entire amount

of the Civil Penalty Assessment, i.e. twenty-five thousand, three hundred seventy -
seventy dollars and sixty-seven cents ($25,377.67), less the amount paid pursuant
to this Settlement Agreement.
DEQ agrees to accept the payment of ten thousand dollars ($10,000.00), in
complete satisfaction of the claimed Civil Penalty Assessment subject to the terms
of this Agreement.
Nothing in this Agreement shall restrict any right of DEQ to take any enforcement
action against Petitioners for any future violations.
This Agreement shall be binding upon the parties and is entered into knowingly,
intelligently, and voluntarily.
WITHDRAWAL OF PETITION
10. Entry of this Agreement serves as Petitioners' Withdrawal of Petition for
Contested Case Hearing in this matter. The parties agree this matter is concluded
and that no further proceedings are needed or required to resolve this contested
case.
This the day of 2016.
FOR THE NC DEPARTMENT OF
ENVIRONMENTAL QUALITY
Date:
FOR THE PETITIONERS:
.4.'J
Jules Rice, individually and
as partner in Eaven Brice
Partnership
Date:"

APPENDIX E
I)RAV1" NI'I)I:S PER11FI FOR NORTH VIF\'1 S1OI;IE F IIO\IE PARK

Water Resources
ENVIRONMENTAL QUALITY
Mr. James Rice
Eaven Brice Partnership
329 Emma Road
Asheville, NC 28806
Dear Mr. Rice:
ROY COOPER
MICHAEL S. REGAN
S. JAY ZIMMERMAN
April I9, 2017
Subject: Draft NPDES Permit NC0067342
North View Mobile Home Park
Buncombe County
The Division has reviewed your request to renew the subject permit. Please review this draft
carefully to ensure your thorough understanding of the information, conditions, and requirements
it contains.
The draft permit includes the following significant changes from the existing permit:
> Section A. (6) has been added to require electronic submission of effluent data, and a
footnote has been added in Section A.(1). Federal regulations require electronic
submittal of all discharge monitoring reports (DMRs).
➢ Regulatory citations have been added to the permit.
➢ Monitoring for BOD, TSS, and NH3 as N from April 1 to October 31 has been changed
from weekly to 2/week in Section A. (1).
> Monitoring for NH3 as N from November 1 — March 31 has been changed from 2/month
to 2/week in Section A. (1).
➢ Footnotes have been added for flow, BOD, TSS, and NH3 as N monitoring in Section A.
(1) and Section A. (2).
➢ The language in Section A. (3) has been updated.
> Section A. (5) has been added for special conditions.
➢ A footnote has been added to the supplement to permit cover sheet.
> Outfall map has been updated.
With this notification, the Division will solicit public comment on this draft permit by publishing
a notice in newspapers having circulation in the general Buncombe County area, per EPA
requirements. Please provide your comments, if any, to me no later than 30 days after
receiving this draft permit.
State of North Carolina j Environmental Quality I Water Resources
1617 Mail Service Center j Raleigh, NC 27699-1617
919 807 6333 919-807-6389 FAX
hops://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branchlnpdes-wastewater-permits

Following the 30-day public comment period, the Division will review all pertinent comments
and take appropriate action prior to issuing a final permit If you have questions concerning the
dram, please contact me at the telephone number listed at the bottom of this page, or via e-mail
[[e-mail] .
Sincerely,
Brianna Young
Compliance and Expedited Permitting Unit
cc: NPDES Unit
Asheville Regional Office

Permit NC0067342
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIIVIINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended, the
Eaven Brice Partnership
is hereby authorized to discharge wastewater from a facility located at the
Northview Mobile Home Park WWTP
North View Park Road
Weaverville
Buncombe County
to receiving waters designated as Flat Creek in the French Broad River Basin in accordance with effluent
limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and W hereof.
This permit shall become effective , 2017.
This permit and authorization to discharge. shall expire at midnight on October 31, 2020.
Signed this day , 2017.
Draft
S. Jay Zimmerman, P.G.
Director, Division of Water Resources
By Authority of the Environmental Management Commission
Pagelof9

Permit NC0067342
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge, are hereby superseded and, as of this
issuance, any previously issued permit describing this treatment facility or bearing this number is no longer effective.
Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements,
terms, and provisions described herein.
The Eaven Brice Partnership is hereby authorized to:
1. Continue to operate an existing 0.032 MGD extended aeration wastewater treatment facility.
NOTE: Northview Mobile Home Park WWTP is a Grade WW-2 facility. An ORC of a grade
equal to WW-2 or greater than. WW-2 2 is required. The existing facility includes the following
components:
• Manual bar screen
• Aerated basins with sludge return
• Sludge holding tank
• Circular center -feed clarifier
• Imhof rectangular clarifier/holding chamber
• Chlorine tablet disinfection
• Chlorine contact chamber
• Tablet dechlorination
This facility is located at the Northview Mobile Home Park WWTP (North View Park Road,
Weaverville) in Buncombe County.
2. After obtaining an Authorization to Construct permit (AtC) from the Division and after completion
of the actions required by this permit*, construct and operate a 0.050 MGD wastewater treatment
facility.
3. Discharge from said treatment works at the location specified on the attached map into Flat Creek,
classified C waters in the French Broad River Basin.
Footnotes:
*: Subject to revision upon submittal of as -built plans (See A. (2)).
Page 2 of 9

Permit NC0067342
A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - 0.032 MGD
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of this permit and lasting until expansion above 0.032
MGD or until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges
shall be limited and monitored t by the Permittee as specified below:
PARAMETER
(Parameter Codes!
LIMITS
MONITORING REQUIREMENTS
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Location
Flow 2
[500501
0.032 MGD
Continuous
Recording
Influent or
Effluent
Total Residual Chlorine 3
(50060]
28 pg/L
2/Week
Grab
Effluent
BCD, 5-day (20°C) 4
(C03101
30.0 mg/L
45.0 mg/L
2/Week
Composite
Effluent
Total Suspended Solids'
[C05301
30.0 mg/L
45 0 mg&L
21Week
Composite
Effluent
NH3 as N 4 [C0610]
(April 1- October 31)
23 0 mg/L
35 0 mg/L
2/Week
Composite
Effluent
NH3asN4 [C0610]
(November 1 - March 31)
2/Week
Composite
Effluent
Temperature (°C)
(000101
Weekly
Grab
Effluent
Fecal Conform [31616]
(9eomeidc mean)
200 / 100 ml
400 / 100 ml
Weekly
Grab
Effluent
pH
(00400,1
> 6.0 and < 9.0 standard units
Weekly
Grab
Effluent
Process Controls
Monthlys
Footnotes:
!. The pernuttee shall submit discharge monitoring reports electronically using the Division's eDMR application
system [see A. (6)].
2. Flow shall be measured using an approved flow measurement device (See A. (5)).
3. The Division shall consider all effluent TRC values reported below 50 AWL to be in compliance with the permit.
However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory
(including field certified), even if these values fall below 50 µg/L.
4 Monitoring shall be conducted 2 times per week with one composite event initiated on Monday with sample collection
Tuesday. At least one year after the permit effective date, this sampling frequency may be reduced upon written
request to, and approval by, the Division.
5. Process Control (See A (3)). Please note frequency of process control monitoring is stated on the attached form.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
Page 3 of 9

Permit NC0067342
A. (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENT'S — 0.05 MGD
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning after expansion from 0.032 MGD, and up to 0.050 MGD, and lasting until
expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited
and monitored' by the Permittee as specified below:
PARAMETER
[Parameter Codes
LIMITS
MONITORING REQUIREMENTS
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Location
Flow z
50050
0.050 MGD
Continuous
Recording
Influent Effluent or
Total Residual Chlonne3
[500601
28 pg/L
2/Week
Grab
Effluent
BOD, 5-day (20°C) a
[C03101
30.0 mg/L
45.0 mg/L
Weekly
Composite
Effluent
Total Suspended Solids 4
jC05301
30.0 mg/L
45.0 mg/L
Weekly
Composite
Effluent
NH3 as N a [C06101
(April 1— October 31)
15.0 mg/L
35.0 mg/L
Weekly
Composite
Effluent
NH3 as N 4 [C06101
(November 1— March 31)
2/Month
Composite
Effluent
Temperature (°C)
[000101
Weekly
Grab
Effluent
pH
1004001
> 6.0 and < 9 0 standard units
Weekly
Grab
Effluent
Fecal Coliform [31616j
(geometric mean)
200 / 100 ml
400 / 100 mi
Weekly
Grab
Effluent
Process Control 5
Monthly5
Footnotes:
1. The permittee shall submit discharge monitoring reports electronically using the Division's eDMR application
system [see A. (6)J.
2. Flow shall be measured using an approved flow measurement device. This component cannot be changed without
prior approval from the Division.
3. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit.
However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory
(including field certified), even if these values fall below 50 pg/L.
4. Monitoring shall be conducted 2 times per week with one composite event initiated on Monday with sample collection
Tuesday. At least one year after the permit effective date, this sampling frequency may be reduced upon written
request to, and approval by, the Division.
5. Process Control (See A (3)). Please note frequency of process control monitoring is stated on the attached form.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
Page 4 of 9

Permit NC0067342
A. (3) PROCESS CONTROL MONTHLY MONITORING AND REPORTING
REQUIREMENT
➢ The Division requires that the ORC or back-up ORC complete the process control report and
perform all required sampling.
➢ The NC DEQ Asheville Regional Office shall receive the process control reports no later than
the 10th day of the following month of reporting. The form is provided in Appendix A. To
allow for greater flexibility, if circumstances change, changes to the process control log
provided in Appendix A may occur with Division approval. Upon written approval by the
Division, the updated process control log will become an enforceable part of this permit.
A. (4) INSTIitEAM ASSESSMENT
A.(5)
An instream assessment may be conducted as stipulated in 13 EHR 06892, reprinted below:
a. Not less than three months, nor more than six months, unless by written agreement of the
parties, from the effective date of the renewed permit, and upon request of the permittee,
DWR will perform an instream assessment of the receiving stream, Flat Creek, to assess both
water quality parameters and macroinvertebrates populations, DWR will notify Permittee of
the date of the instream assessment in sufficient time that Permittee can arrange for an
independent third party to attend and share samples collected. If it is determined that the
permitted discharge from the facility is not causing stream degradation resulting in water
quality standards violations, including narrative standards, which determination shall not be
unreasonably withheld, then DWR will grant Permittee discharge of up to 0.05 MGD
provided the facility is being operated in a manner such that it is compliant with its Permit.
The Permittee may voluntarily hire an independent third party to do an instream assessment
using DWR approved instream assessment methodologies at any time. Pennittee will provide
DWR sufficient notice of sampling so that DWR may have their personnel attend and share
samples collected. DWR will consider such data in conjunction with its own instream data,
when making its determination of whether water quality standards are being contravened as
a result of the NPDES discharge.
b. The Permittee may make a written request that a stream assessment be performed by DWR
prior to the date established above as long as the facility is compliant with its Permit
NC0067342, but no sooner than three months from the effective date of permit. The
Permittee may hire a third party to perform an instream assessment using DWR approved
instream assessment methodologies; DWR will consider the data from the assessment when
making its compliance determinations. Continued noncompliance at the facility may prevent
DWR from approving discharge greater than 0.032 MGD.
c. If DWR denies the expanded flow above 0.032 MGD, then the Permittee may request another
DWR assessment be done annually (from the date of the last instream assessment) thereafter.
SPECIAL CONDITIONS
1. The flow monitoring device cannot be changed without prior approval from the Division.
Flow must be logged using an electronic data logger to be installed within 6 months after the
permit effective date. Electronic data collected must be retained and available for review by
Page 5 of 9

Permit NC0067342
the Division upon request.
2. Effluent samples shall be collected as defined in Part I1 A., page 2 of 18.
3. No later than six months after issuance of this permit, the Permittee is to submit an engineered
as -built of the subject facility sealed by a North Carolina Professional Engineer to the address
below:
Asheville Regional Office
Division of Water Resources
Water Quality Regional Operations Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
A. (6) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS
[G.S. 143-215.1(b)]
Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program
reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21,
2015.
NOTE: This special condition supplements or supersedes the following sections within Part II of
this permit (Standard Conditions for NPDES Permits):
• Section B. (11.) Signatory Requirements
• Section D. (2.) Reporting
• Section D. (6.) Records Retention
• Section E. (5.) Monitoring Reports
1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (an
The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic
Discharge Monitoring Report (eDMR) Internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each month and
submitted electronically using eDMR. The eDMR system allows permitted facilities to enter
monitoring data and submit DMRs electronically using the internet. Until such time that the state's
eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation
(CROMERR), permittees will be required to submit all discharge monitoring data to the state
electronically using eDMR and will be required to complete the eDMR submission by printing,
signing, and submitting one signed original and a copy of the computer printed eDMR to the
following address:
NC DEQ / Division of Water Resources / Water Quality Permitting Section
/MENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility
being physically located in an area where less than 10 percent of the households have broadband
Page 6 of 9

Permit NC0067342
access, then a temporary waiver from the NPDES electronic reporting requirements may be granted
and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or
alternative forms approved by the Director. Duplicate signed copies shall be submitted to the
mailing address above. See "How to Request a Waiver from Electronic Reporting" section below.
Regardless of the submission method, the first DMR. is due on the last day of the month following
the issuance of the permit or in the case of a new facility, on the last day of the month following the
commencement of discharge.
Starting on December 21, 2020, the permittee must electronically report the following compliance
monitoring data and reports, when applicable:
• Sewer Overflow/Bypass Event Reports;
• Pretreatment Program Annual Reports; and
• Clean Water Act (CWA) Section 316(b) Annual Reports.
The permittee may seek an electronic reporting waiver from the Division (see "How to Request a
Waiver from Electronic Reporting" section below).
2. How to Request a Waiver from Electronic Reporting,
The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an
electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to
the Division, Requests for temporary electronic reporting waivers must be submitted in writing to
the Division for written approval at least sixty (60) days prior to the date the facility would be
required under this permit to begin submitting monitoring data and reports. The duration of a
temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data
and reports shall be submitted electronically to the Division unless the pennittee re -applies for and is
granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting
waivers arc not transferrable. Only permittees with an approved reporting waiver request may
submit monitoring data and reports on paper to the Division for the period that the approved
reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver are found on
the following web page:
htup Aorta .nc:JJcnr (►rL � �h ��. .ulct��t� ��� rpu edmr
3. Sienaton Requirements 1Supplements Section B.111.) t b) and Supersedes Section B. ( 11.) (dn.
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part I1,
Section B. (11.)(a) or by a duly authorized representative of that person as described in Part I1,
Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR
reporting purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user
account and login credentials to access the eDMR system. For more information on North
Page 7 of 9

Perrnit NC0067342
Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit
the following web page:
httEitportal.ncdenr.orr admen bog ipu edmr
Certification. Any person submitting an electronic DMR using the state's eDMR system shall make
the following certification [40 CFR t 22.22). NO OTHER STATEMENTS OF CERTIFICATION
WILL BE ACCEPTED:
"1 certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system. or those persons directly responsible for gathering the information,
the information submitted is, to the best of my knowledge and belief true, accurate, and complete. I
am aware that there are significant penalties for submitting false information, including the
possibility of fines and imprisonment for knowing violations."
4. Records Retention 'Supplements Section D. (b.l(
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These
records or copies shall be maintained for a period of at least 3 years from the date of the report. This period
may be extended by request of the Director at any time [40 CFR 122.41]. The permittee shall retain records.
electronic and hardcopy (i.e., flowchart paper recorder. datalogger produced electronic data) produced by
flow recording device for a period of 3 years from the date of the report. This period may be extended by the
Director at any time [40 CFR 122.411. These records are to be retained onsite and made available upon
demand.
Page 8 of 9

Permit NC0067342
Eaven Brice Partnership
Northview MHP WWTP
leatiradt; 3S`43' 1526 N State Grid: Wernemlle
isSIVagf. B2' 36' 22 22" V' Peimlt edilow: 032 r 050 MGD
Iieceir4e Stream: Flat Creek Stream Class: C
,DRalsate Rasta_ Freed Broad Rnrr Baste Sob -Bash: 04-03 02 r 06010105 ti
North
Outfall 001
NPDES Permit Nor NC0067342
Buncombe County
Page 9 of 9

Process Control Log: Requirements (Settlement Agreement 3.c. & Permit A.(3)).
Note: Process Controls shall be performed at a minimun 1/week.
NPOES No.. NC0487342 Month Year. _`
Facility Name : North View Mobile Homo Park
County: Buncombe
Aeration Basin Aeration Basin
D.O. Settlometer
Clarifier Sludge Aeration Basin
Judge MLSS
Solids Removed Flow
Signature/Comments
99/1
tnoo mU3O Rom,
R•portat! M %
Stour Depth Ft
man &tptop• Co Wars Galiors Remo'•.!
GPD
2
3
•
4
•
•
5
6
7
•
-41
8
9
•
10
11
12
13
•
•
•
14
15
18
•
17
18
19
20
r
22
•
23
24
25
26
27
28
29
a
•
30
31

APPENDIX F
ORAL COMMENTS SUMMARY AND WRITTEN COMMENTS

Donna Elkins
• Grew up on the creek
• Played in the creek, but don't do that anymore
• Objects to the special condition that the owner gets notice when DWR plans on coming out
o Toilet paper, etc. is in the creek
o Gives him time to clean up before DWR arrives
• Creek is dirty, stinks, smells like a sewer
Valerie Borland
• Lives in the development at the entrance of the MHP
• Appalled at the conditions entering the French Broad River
• Feels sorry for people living in the park —they shouldn't have to live like this
• Can smell the sewage and trash
• She does not invite people over
• DWR should not announce when the are planning an inspection
Steven Briggs
• Has a house in the neighborhood
• Reiterates what the two previous speakers have said
• Poor water quality affects wildlife
• Affects their property — they cannot enjoy it
Rusty James
• Closest property to the facility (he's on Shepherd's Branch Creek)
• He smells putrid smells
o Sometimes it smells foul, sometimes it burns his nose and he can't go outside
• Pump has noise pollution
• Saw solids in the creek last year when the state used his property to access the creek
• Will pursue legal action if the pump is not silenced
• Concerned about his property and water quality
• Doesn't let his kids near the creek L
• Concerned about the owner getting notice when DWR intends to come out
• Objects to the expansion
• Fines should be 5-10 times higher
• Has seen a decrease in wildlife in the area due to poor water quality.
Gary Roberts
• Pastor and on the Soil Conservation Board
• The upper end of Flat Creek is clean
• Notices a change in water quality at the other end of the creek
• Check with UNC-Asheville (Richard Moss) and NC State
o They come out and do testing 1-2 times per year
• Bridge on his property crosses the creek
Page 1 of 4

• Does not let grandkids play in the creek
• Creek smells like a septic tank, especially after it rains
• Wants the state to go away from the "Dilution is the solution" approach
Alexandra Kamenel
• Creek is in her back yard
• Concerned about groundwater
o The presentation did not address this
• Expansion affects the supply and quality of groundwater to the locals
• Lots of dog waste in the stream after it rains'
Rodney Bradburn
• Lives across from the park — he has property on both ends
• MHP is "a bad neighbor".
• He would play in the creek as a kid, but now it is a sewage pit
• Trash is thrown into their fields
o MHP has only sent 1 person in 10 years to clean up the trash
• Inspections are slow and ineffective
• Wants clean water, the trash picked up, etc.
• DWR should check on the MHP and not "let them loose"
Bill Hufnagle
• Lives up the road
• Used to be blue herons —there are no blue herons anymore
• Can smell and hear the plant
• Worried about groundwater and the water table
• Trash washes down the hills into the creek with rain water
• Would hate to see the sweet well water and wildlife disappear
• There is more wildlife upstream
• Density affects the traffic
• Has seen people become ili because of the water in the French Broad
• Doesn't walk his dogs by the creek any longer due to possible poisoning from the water
• Owner of MHP already things he's getting his permit. He's already laid the concrete foundation
for the extra mobile homes
• Don't let the owner know when DWR is coming
• Wants reduced pollution
John Hencken
• Shares 1400 feet of creek with the mobile home park
• Sent pictures of the creek to Buncombe County
o Received no response
• New tank has been installed
o Dirt and tanks dumped in the creek as the new tank was installed
Page 2 of 4

• Blower causes gross noise pollution
• Concerned about property values
• Concerned about trash
• Saw a resident of the park put a trailer to hang over the creek to maybe dump when no one was
looking
Courtney Sprouse
• Has lived near the MHP for 10 years
• Experienced trash on the property
• They are "bad neighbors"
• The issues present now are not going away
• She asks DWR to take care of the environment
Suzi Bradburn
• Give him a permit to reinforce
• Wants continuous flow monitoring
Pam Briggs
• Is a pre-school teacher
• DWR gives owner notice to do well checks
o Why should the state give the owner notice to come check something DWR knows the
owner is doing?
• Knows the owner has not been in compliance for years
• How can owner get expansion to build more housing when owner can't handle what there is
now?
• Trash is an issue
• Traffic is an issue — there is erosion on the road
• Objects to notice of visits being given
• Why is the facility allowed to operate if the owner has been in trouble so many times?
Rusty James (speaking again)
• Erosion on the road
• Cheap asphalt on the road
• There is a large amount of trash ,
• Concerns about the aquifer
o Installed a filter for his personal well
• Owner already assumes he is getting an expansion
o Foundations have already been laid
• Will further degrade
Becky Goodlake
• When it rains, the trash runs down to the creek
• Lives downhill from the trailer park
Page 3 of 4

• Sees all the trash
• Stuff is thrown everywhere
• Everything in the creek goes into the groundwater and into her private well
Rex Bradburn
• Water in the creek would take 1-2 years to recover based on the last meeting with DWR — what
else will DWR do?
• Operator failed — did he pass the test retake?
• Smell is bad
• Income of the owner is miniscule to the fines given to him
• To speaker, there is no second or third chance
• Take the owner's mulitple fines into consideration
Nicole James
• Neighbor to the mobile home park
• Was present several years ago when the state came to sample
• State employee told speaker to not let their children play in the creek
• Smell of the water is gross
Page 4 of 4

Chapman, Amy
From: Hennessy, John
Sent Tuesday, November 28, 2017 12:39 PM
To: Chapman, Amy; Young, Brianna A
Subject: FW: [External] North view trailer park
John Hennessy
Supervisor, Compliance and Expedited Permitting Unit Division of Water Resources Department of Environmental
Quality
919-807-6377 office
[e-mail]
1617 Mail Service Center
Raleigh, NC 27669-1617
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.
Original Message
From: Leslie Huntley[mailto:[e-mail]]
Sent: Tuesday, November 21, 2017 10:49 AM
To: Hennessy, John <[e-mail]>
Subject: [External] North view trailer park
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to [e-mail].
John,
I'm writing to implore you to refuse the request for expansion for north view trailer park on Martin Ford rd in
Weaverville. I own property along Flat Creek on Martin Ford rd. and am so saddened and alarmed that we are currently
dealing with issues of improper sewage treatment that are affecting water quality in the creek and air quality in the form
of sewage smells. This in addition to the fact that the water goes on to pollute the French Broad makes it seem like a
given that the property owner should be forced to comply with regulations concerning sewage treatment. It also seems
like a given that he should not be allowed to expand given his history of noncompliance and the existing density of the
park.
Please consider this as you make your decision.
Thank you and hope you have a great Thanksgiving!
Leslie
1

Chapman, Amy
From: Hennessy, John
Sent: Tuesday, November 28, 2017 12:08 PM
To: Young, Brianna A; Chapman, Amy
Subject: FW: [External] North View Park Treatment Facility Public Hearing Follow -Up
John Hennessy
Supervisor, Compliance and Expedited Permitting Unit
Division of Water Resources
Department of Environmental Quality
919-807-6377 office
john,[e-mail]
1617 Mail Service Center
Raleigh, NC 27669-1617
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From: Rusty James [mailto:[e-mail]]
Sent: Sunday, November 19, 2017 11:35 AM
To: Davidson, Landon <[e-mail]>; Hennessy, John <[e-mail]>
Subject: [External] North View Park Treatment Facility Public Hearing Follow -Up
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
[e-mail],
To Whom It May Concern,
This is my formal written follow up to the public hearing that took place on November 15, 2017 in regards to the proposed expansion of the
permit for the water treatment facility at the North View Trailer Park in Weaverville, NC off of New Stock Road.
I have a number of issues that I want to discuss which the public hearing did not allow time for full elaboration.
First and foremost, everyone knows that the North View Trailer park is not a good neighbor. Everyone, including the city, the county, the
state, and the fed knows that this park has had non-compliance issues with their water treatment facility. All us locals know far more than
any government entity about the first hand impact that this trailer park has on our lives, our properties, our environment, our health, and
our safety. Because there has been recent non-compliance issues, and there have been reprimands and consequences to this non-
compliance, I simply must ask the most logical question possible. Why on Earth is there a even the existence of the possibility for an
EXPANSION of this facility so soon after a non-compliance issue?? There is simply no way in my mind that I can comprehend the thought.
Having said that, I am aware that governments usually do not operate completely within the boundaries of logic, certainly not caring for the
best interest of the greater good, and in today's day and age, they certainly are more susceptible to being persuaded by the influence of
1

money, greed, and deceptive legal tactics than they are by wholesome intelligent conscience. Such is the .case in the current proposal for
expansion of this facility. The population of Weaverville is just under 4000 people. I'm not sure if that includes the surrounding areas
serviced by 28787 or just the immediate downtown. There are currently approximately 160 trailers in the North View Park, and i deduce
that there must be at a minimum 400 people living in the Park. Thats approximately 10% of the population of the city in an area of less
than a fraction of 1% of the actual area of its legal boundaries. Very few places, if any, in all of Buncombe county have this kind of
population density. And the proposal is to expand the Park. I am not sure of the exact figures of expansion, but I have heard rumors of
another 80-100 trailers potentially coming in. I have also heard rumors that the expansion is supposed to fall under Section 8 housing.
At the hearing that took place, the speaker made it clear that we were discussing the issue of water quality ONLY, and that no reference to
other aspects of the circumstances surrounding the trailer park were to be discussed. Since I could not voice my full concerns due to this
restriction at the hearing, i will NOT refrain from doing so now. This might appear to fall under the guise of "water safety," but the
department that deals with the acceptance or denial of this permit has a MUCH greater power and responsibility to this community than
simply the quality of our water. You are directly responsible for the impact of HUGE social issues in our neighborhood and on our lives. The
impacts of this permit are about so much more than water. This is about the safety of our children, the cleanliness of our properties, the
value of our properties, the impact on wildlife, and many other things. To me, water is a concern, but the fact that a potential Section 8
housing complex might become my neighbor is so much more of a concern than non-compliance of the treatment facility.
I have compassion for people who cannot get by in this ever -more challenging country. But Section 8 housing is more effective and useful
to the recipients of the assistance when it is positioned close to urban areas. The recipients are already struggling to make ends meet. The
increased distance to jobs are a greater expense, and will inhibit their capacity to find and sustain employment. When there is no
employment, drugs and crime usually set in as the primary means of subsistence and entertainment.
We already have had many drug/crime related reports from the community as a result of the existing trailer park. There are used needles
and condoms littering our country properties, there are people who come and do malicious things in the nooks and corners of our
street. There is a "trash dump corner" where people dump their tires, their furniture, all the things that they cannot afford (or do not
choose) to pay to dispose of at the dump, just around the bend from my house. We have had police with rifles run down our street and
through the back side of our property chasing criminals fleeing out the back end of the trailer park in the past. i hear gun shots from the
trailer park semi -regularly. i can only assume they are shooting targets, and I wonder why the cops are not called. Or perhaps they are. I
dont know.
Either way, the trailer park is already a serious problem ,and the people that live there are predominately working families, Most of the
residents are good people who have occupations and help the WNC community thrive. There are more good people there than bad, I
believe. But what will happen if you accept this expansion and a Section 8 housing complex goes up? The amount of crime, drugs, security
issues, safety of our children, these are much more pressing issues than simply the water quality issues that we discussed at the
hearing. Your water quality department is DIRECTLY in control over the significant increase in the negative impact that the trailer park has
on our community. If you accept the permit, we, the neighbors, have to deal with major consequences that are far greater than our
water. The fact that government is intentionally fragmented, and has to comply within the rules of law, and does not always take heart and
logic in to account when making its decisions is sheer criminal in my opinion. it is blatantly obvious what the answer is to the question of
expansion. You cannot have 10% of the population in one place in a rural area, already have unacceptable levels of crime and non-
compliance with the treatment facility, and then expand it to potentially 20% of the population of 28787 and expect there to not be a giant
surge in crime, drug problems, trash problems, water degradation, wildlife decrease, etc. We the upstanding neighbors will bear the brunt
of your illogical decisions. We the tax paying neighbors who run our own businesses will have to deal with this. And to me it is
unacceptable.
The answer to the question of expansion comes well before any water quality issues are even brought the to table. the answer is NO,
ABSOLUTELY NOT. The park is already NON -COMPLIANT in very recent times! The fact that it is even on the table for discussion of
expansion is beyond my comprehension.
Now lets talk about the rest of the issues. I have been living at 181 Martin Ford road for 13 years. My property is the closest property to
the treatment facility. In that time, we have had hundreds of days where a foul smell permeates the air. Sometimes it smells like a sewer,
and sometimes it burns the back of my throat and stings my eyes and smells like the most putrid smell you have ever smelled. l cannot
physical remain outside at my residence when this occurs. It is toxic. There is also a pump that creates the most absurd noise pollution
that one could imagine that sits just over my property line by Tess than 100 feet. I can hear this pump from inside my house. 1 can hear it in
my bedroom. I can hear it on the opposite side of my house as well. I cannot go and enjoy the nature around me outside of my house
when the pump is operating because the noise is all -consuming. The pump runs for approximately 50% of the time, to my
understanding. I have taken photos of the pump, and the device that makes the noise is not even covered. There is zero sound buffering
on the device whatsoever. The sound pollution levels exceed what is normal and acceptable across a significant % of my property. I have
reported it in the past.
2

-
I obtained legal counsel at one stage to attempt to remove this noise pollution. The lawyer thought it would be an easy thing to fix by just
emailing or calling the lawyers of the Park, because it is such an obvious infraction that it should not need legal assistance to persuade the
owner to fix. The request fell on deaf ears, and no adjustment was made to the noise pollution. I have not had the time to deal with this
issue. I run my own business, and I travel the world about 50% of the year. If there is no muffling of the noice pollution to acceptable
levels, 1 will be forced to use legal means to stop the noice, simple to enjoy the outdoors on my property. 1 would love to have a hot tub for
example, but the noise prevents it from being a wise choice.
Lets now talk about non-compliance. Your sacred water quality issue. The federal law states that no water degradation is allowed in this
creek. We have already seen water degradation in the creek. It is documented and proven by the state. The state water control person
that came out last year to check on it was given access to the creek on my land (by us). He personally told us that if he was the father of
our child, he would not allow my son to play in this creek. There have been solids floating down the creek. He knew it. He was there to
check on it, and he knew there were big problems. You all know there are problems. I can tell you first hand, from being the closest person
/ property / neighbor to this treatment facility, you can come and check on random days without them knowing, but you are not checking
every day. There are days that it is beyond belief, and there are days that it seems normal. If I were truly concerned about water quality in
this creek, I would be checking a minimum of twice a week, unannounced. And I would increase the fines for non-compliance by 10X.
Since I have been here I have seen a reduction in wildlife in the creek. There are far fewer fish, birds, and animals in the water. There used
to be river otters that we would see every year at least a few times, usually in the winter. We walk the road about 1/2 mile up and down
the creek every day, and we were always excited to see the otters. We have not seen them in at least 6-8 years. The same is true for the
beavers. Its been at least 3-4 years since we have seen them, and we used to see them all the time. The locals know that there is far more
wildlife upstream from the treatment facility than downstream. The wildlife doesn't lie. The wildlife doesn't take readings and test the
water. They just know, and they go elsewhere. Yet here we humans are, supposedly the greatest animal on Earth, and we have to use
fragmented disassociated bureaucratic departments and go through legal protocols to determine if there's a problem. Even when the
neighbors are standing here telling you theres been problems from the beginning, the wildlife is lessening, and even by means of your own
instrumentation and testing, after having determined that this treatment facility has been in non-compliance in the recent past, there is still
consideration for an expansion?
There is no logic in this argument. Our country and world is wrought with greed, and our entire planet is at risk of purging humans as the
parasitic species that it needs to eradicate in order for it to return to homeostasis. The same issues of greed and profit over conscience that
plague our nation are the same issues that apply to our local situation. Greed and profit are the ONLY driving force behind this
expansion. No regard for the local community has ever been given by the owner of this treatment facility, and not one single neighbor has ,
anything positive to say about the trailer park. It is an eye sore in our lives, a thorn in our side, and salt in the wound.
I personally have greater consequences to bear than many of my neighbors. I already have plans made to build a custom home on the
existing property that I own. I can mildly tolerate the trailer park in its current capacity, with exception to the noise pollution from the
pump. I will have to take expensive measures to protect my property value and my family from the nuisance of the park as it stands
already. I will be building a wall as a barrier to the Park. However, there is no barrier to drug users and jobless residents, meth heads and
the like, that can be erected to protect us from what you may impose upon us if a Section 8 housing complex is given priority over the rights
and wishes of the existing residents. 1 have seen men walking up our street in the past that were obviously on meth or some other
disassociative substance. I watched them carefully as they rolled around on the ground on the other side of the road from my property in
the middle of the day. There are serious problems that already plague the rural population here. Adding more density is going to
exponentially exacerbate the situation, making drugs easier to obtain, making crime inevitable.
An expansion of the park is a serious risk to our community. As we see more senseless gun violence and the number of gun related deaths
in our country, I can only wonder what greater risk will present itself if you approve this expansion and the owner proceeds with Section 8
housing. This valley is tranquil and serene. The trailer park and its upstanding working residents will cause much less social disturbance
than a section 8 housing complex. I know that the water department is not legally responsible in considering the full extent of implications
of this situation.
This is where government fails us, as logic is compartmentalized and laws are written in fragmented departments with specific intent for
loopholes in the law to exist. This is how greed and selfishness win over good conscience and logical deduction. Give the responsibility to
the water department, but the bigger implication is social in nature.
In my point of view, this paradigm that allows greed and money to serve a small % of the population at the expense of the masses, is the
root of the biggest problem that threatens the survival of our species. We continue to allow the few to take all the resources, and the rest
fend for whats left, and in the process we destroy the planet. We have almost reached the tipping point where 1% of the world's
population controls over 50% of the resources. The only inevitable solution to this lack of balance is revolution/change in paradigm or
demise of the species or the planet. I don't see any third option. It doesn't take a scientific study to know that our planet is reaching the
tipping point.
3

I apologize for broadening this subject beyond our local issue, but your decision to allow expansion of this treatment facility is a microcosm
of the issues that we face in the world at large. You have a choice, and you can choose what's right, just, ethical, and fair, or you can
choose the same path of greed and destruction that has penetrated and infected the very fabric of human psychological integrity. I urge
you to take a leap of faith and think logically outside the boundaries of your finite jurisdiction of water control to the issues that 1 have
presented. Would you allow your children in the contaminated creek? Would you like to have to pay for the removal of trash that was
tossed over the fence in your yard? Do you want the police running through your property chasing drug dealers and criminals? How would
you feel if you had to pick up condoms from your yard and explain to your children what that is and why they are there? What would you
do if you saw men in front of your driveway that were so "gone" on a disassociative substance that they couldn't function, laid in the street,
and had no idea where they were, in broad daylight?
When one lives in an urban area, these occurrences are more normal and expected. You simply have to deal with it when you live in a
densely populated area. We already have 10% of Weaverville living just over the hill, please don't make it 20%. This is the country. This is
nature and beauty. Just because this guy already has a treatment facility does not mean that this sort of development can't be put up
somewhere closer to an.urban.area. We've already got one big bad neighbor, use your conscience and think about what you would do if
you were in our shoes. The decision is obvious, is it not?
Thank you for listening.
Rusty James
828-280-7870
181 Martin Ford Rd, Weaverville
4

Chapman. Amy
From: Young, Brianna A
Sent: Tuesday, November 28, 2017 8:41 AM
To: Chapman, Amy
Subject: FW: [External] North View Mobile Home Park in Weaverville, NC
Additional comments on North View MHP.
Brianna Young
Environmental Senior Specialist
Compliance and Expedited Permitting Unit Division of Water Resources Department of Environmental Quality
Office: 919-807-6333
[e-mail]
Mailing address:
1617 Mail Service Center
Raleigh, NC 27699-1617
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.
Original Message
From: Howard Borland [mailto:[e-mail]]
Sent: Monday, November 27, 2017 9:03 PM
To: Young, Brianna A <[e-mail]>
Subject: [External] North View Mobile Home Park in Weaverville, NC
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to [e-mail].
To whom it may concern:
I am writing to you in reference and opposition to the North
View Mobile Home Park's application for its NPDES permit renewal. My
name is Valerie Borland and I am the homeowner at 16 Brownwood Est.
Weaverville, NC. My home is located next to the entrance of North View Mobile Home Park. I have lived here since
1985 and have watched the area change from pristine farmland to the construction and.continual population growth of
North View. Throughout the years of North View's growth the management has severely impacted the community, park
residents, and the environment with it's unethical practices of removing waste water, garbage and supplying the park
with potable water. It is shocking to know that the Buncombe County inspectors, commissioners and other officials
have allowed this park to have a negative environmental impact not only for the residents who live in the park but the
community that surrounds this park. Yes, the odor and noise is evident from both ends of this park and it doesn't get
better. We mention this to Mr.
James Rice and nothing gets fixed. This park has grown from 150
mobile homes to almost 300. Most of the mobile homes have more than
one family living in the same home. Which means, more waste to dispose of whether it being through wastewater or
garbage. Let alone having sufficient and clean potable water. The Eaven Brice Partnership consistently fails to meet the
1

necessary demands of functioning as a healthy community. As I look and read the monitoring report violations for this
mobile home park since 1994 until now, it really shocks me that this park was never shut down due to negligence of
properly maintaining all of itsfacilities and the negative impact the sewage, garbage and
potable water has had on the communnity. Violations never should have
existed or been given the first time if this park was compliant from the very beginning of its construction. Very strict and
constant monitoring of the park's sewage, garbage and potable water by licensed officials should have be in place since
1994 because of the size of this large
park and now this park is planning on becoming larger. If the wind
is right we do smell the park's water treatment facility and can definitely hear the sound of the equipment during the
night when the traffic to the park has died down. My question is if the surrounding neighbors can smell and hear this
waste water treatment facility imagine what the park residents who live right next to all of this have to deal with. You
see, they are afraid to say anything for fear of being evicted. If some people have said anything, nothing gets fixed.
People should not have to live this way. What is happening to the
community of Martin Ford Rd. and surrounding area around this park is terrible and it certainly is a travesty that this
park continues to destroy the rivers, streams, aquifers, wildlife, and air quality of a
large community. Years ago this park was without water for 5 days.
The management did nothing to repair or make necessary arrangements for the residents in this park. It took a brave
soul that lives in the park to call Channel 13 News and tell them that they were without water for 5 days. Finally after
the story aired on T.V. there was a water truck in our subdivision's driveway filling up the water tower for the
park. That truck came for many days until the water pump to the park's
well was fixed. I wish the trailer park fixed our damaged road due to the weight of the water truck, but no, Mr. Rice said
he didn't damage
the road. Another episode is the constant and overwhelming stink
of the trash and overflowing trash containers that are next to my house. There use to be a a fence surrounding the 2
dumpsters, but the fence only lasted for the duration of the 1st year the park was built and has since laid on the ground.
As a result trash is usually
everywhere. What has been interesting that Mr. Rice has had his
mobile home park help sprucing things up around the park a month before the public hearing that was held at North
Buncombe High School on Nov.
15th. A new cover which replaced the original rusted cover over the
pipe to the water tower has been replaced, but the old cover and it's insulation still remains on the ground, the
dumpsters have now been removed and a large commercial compactor is in the spot with red caution tape around it(
this will certainly keep the children out). All of this will remain as is and some improvements may happen to the waste
water treatment facility, but the violations will continue because of the irresponsible and negligent contamination of
the environment. You see,
North View's problems only get fixed or should I say band -aided if
the management needs something from government officials for the owner's own financial benefit. Once he gets what
he needs for expansion, etc.
we are back to the neglectful and unethical practices of garbage collection, waste water treatment, etc. So, the sewage
will never be
fixed correctly and the contamination will continue. When does all of
this finally stop and something is done about this park. The growth and negligence of maintaining core components of
this park will continue to have a negative impact on the community.
Sincerely,
Valerie Borland
16 Brownwood Est. Weaverville, NC 28787
[e-mail]
2

Chapman, Amy
From: Young, Brianna A
Sent: Monday, November 27, 2017 9:05 AM
To: Chapman, Amy
Subject: FW: [External] North View Mobile Home Park WW Permit
Comments on North View Mobile Home Park.
Brianna Young
Environmental Senior Specialist
Compliance and Expedited Permitting Unit
Division of Water Resources
Department of Environmental Quality
Office: 919-807-6333
Brianna Young(7a ncdenr.gov
Mailing address:
1617 Mail Service Center
Raleigh. NC 27699-1617
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties
From: Craig Oliver [mailto:[e-mail]]
Sent: Friday, November 24, 2017 4:17 PM
To: Young, Brianna A <[e-mail]>
Subject: [External] North View Mobile Home Park WW Permit
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
[e-mail].
To whom it may concern,
We are writing this letter in regards to the proposed expansion of the North View Trailer Park. Our family has
lived here for many years and regularly use the area around the property and Martin Ford road for recreational
purposes such as jogging, biking and dog walking.
The sewage treatment facility expansion should not even be considered due to the fact that the owner has not
followed established rules set forth for the system already in place now. The trailer park has had numerous
leaks of raw sewage that we actually know about, and the treatment facility has been cited and fined numerous
times. It is cheaper for the owner to pay the fines than to correct the existing facility.
Additionally, we would like the creek to be returned to its original state. This would require cleanup and the
prevention of future Teaks to allow for the reintroduction of native organisms and fish that were present prior to
the multiple sewage leaks.
Furthermore, the addition of additional units will increase traffic on an already incredibly busy road. It is unsafe
to run, bike or walk our dog already due to the heavy, and generally speeding, traffic on the north side. We've
not allowed our son to bike at all on the road due to the amount of traffic that has only increased since we
moved here almost 20 years ago. As well as traffic, increasing the number of people puts even more strain on
the resources available in this area.
1

There are many factors to consider here, none of which support approval of the North View site. Due to
multiple violations in the past and the already large number of existing units at the site, an expansion
establishes a greater risk of even more violations and potentially dangerous releases of raw sewage into the
well -based neighborhood and local creeks, as well as increasing the already hazardous traffic conditions.
We cannot support the expansion of the North View expansion,
The Oliver Family
Joy, Craig & Bryson Oliver
988 New Stock Rd
2

Chapman, Amy
From: Young, Brianna A
Sent: Monday, November 27, 2017 9:05 AM
To: Chapman, Amy
Subject: FW: [External] North View Mobile Home Park
Comments on North View Mobile Home Park.
Brianna Young
Environmental Senior Specialist
Compliance and Expedited Permitting Unit
Division of Water Resources
Department of Environmental Quality
Office: 919-807-6333
Bnanna. Younga.ncdenr.gov
Mailing address:
1617 Mail Service Center
Raleigh, NC 27699-1617
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.
From: Lynn Gillespie[mailto:[e-mail]]
Sent: Saturday, November 25, 2017 2:44 PM
To: Young, Brianna A <[e-mail]>
Subject: [External] North View Mobile Home Park
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
report.spamt nc.gov.
Dear Ms. Young,
I am very afraid for my family. We use well water, and our homes border the property owned and operated by North
View Mobile Home Park. This "neighborhood" of trailer homes and its management have not shown green practices or
environmental concern.
I am aware that your department only deals with water quality issues; however, when it comes to responsibility, it
makes sense to look at many decisions made by a company affecting such a large group of people outside their own
company. There are many undocumented immigrants as well as multiple child sex offenders.
I don't encourage judgement of the person based on these factors, but I do recognize that making exceptions for illegal
activity in some areas could be consideration for the possibility that one might make questionable decisions in other
areas.
Thank you for considering my family's health.
Lynn Gillespie

Barnardsville Elementary
"You can't live a perfect day until you do something for someone who will never be able to repay you."
— John Wooden

Chapman, Amy
From: Young, Brianna A
Sent: Monday, November 27, 2017 9:05 AM
To: Chapman, Amy
Subject: FW: [External] Northview Mobile Home Park
Comments on North View Mobile Home Park.
Brianna Young
Environmental Senior Specialist
Compliance and Expedited Permitting Unit
Division of Water Resources
Department of Environmental Quality
Office: 919-807-6333
Brianna Young@ncdenr gov
Mailing address:
1617 Mail Service Center
Raleigh, NC 27699-1617
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties
From: Steven VanHusen [mailto:[e-mail]]
Sent: Sunday, November 26, 2017 6:15 PM
To: Young, Brianna A <[e-mail]>
Subject: [External] Northview Mobile Home Park
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
[e-mail].
To Whom it may Concern,
I am writing this letter to express my opinion about the NC Department of Environmental Quality's potential renewal
and expansion of the permit to allow the owner of Northview Trailer Park to dump treated sewage into the Flat Creek
(permit NC0067342).
I live at 20 Brownwood Estates in Weaverville and the current mobile home park is directly in my backyard. During the
building of this park, homes were placed as close to property boundaries as possible and as close together as
possible. This density of development has negatively affected our watershed, as runoff from the park is contaminated
from the multitude of cars that run up and down the street day and night and from pet urine and feces, since many

owners of pets in this mobile home park keep their pets outside for this purpose. I have also personally witnessed
trash running down into rivulets which drain into the Flat Creek River when it rains.
1 am extremely concerned for the safety of my drinking water, since the quality of water in the flat creek directly
impacts the quality of water in the aquifer from which I draw water via well. I am concerned for my water with the
state of the park as it is, without an expansion that will double the number of trailers in the park. If this permit is
renewed and allowed to expand, two hundred more trailers will be built near my house. If one estimates only three
people per trailer, that could be 600 people or more drawing water out of the same aquifer I and the people currently
at the mobile home park use to drink from. This could not only lead to water shortages, but with so many extra people
polluting the surrounding area via trash, pet feces, car deposits, etc., water quality of the aquifer will be negatively
impacted.
Allowing the expansion of Northview Trailer Park's permit is a bad idea that will negatively affect many lives, not only
the lives of humans. The creek WILL suffer; it will suffer from construction runoff as new trailers are built, it will suffer
from general runoff from yards, and it will suffer from the increased burden of the 'treated' sewage water being
pumped out of the current treatment facility, which has had many, many violations from date of issue onward. 1 urge
you not to renew this permit and 1 urge even more strongly to not let it expand. Without municipal water supply and
treatment, there should not be so many people living so densely. The owner of the treatment facility clearly cannot be
trusted to treat the sewage water properly.
Thank you for your time and consideration,
Steven R. Van Husen
r
2

Chapman, Amy
From: Young, Brianna A
Sent: Monday, November 27, 2017 9:05 AM
To: Chapman, Amy
Subject: FW: [External] Northview Mobile Home Park
Attachments: trailerpark.JPG
Comments on North View Mobile Home Park.
Brianna Young
Environmental Senior Specialist
Compliance and Expedited Permitting Unit
Division of Water Resources
Department of Environmental Quality
Office: 919-807-6333
Brianna.Youngc ncdenr gov
Mailing address:
1617 Mail Service Center
Raleigh, NC 27699-1617
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties
From: R. smith [mailto:[e-mail]]
Sent: Friday, November 24, 2017 12:03 PM
To: Young, Brianna A <[e-mail]>
Subject: [External] Northview Mobile Home Park
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
reoort.soamt nc.gov.
To the NC Department of Environmental Quality,
I am writing about permit NC0067342 which allows the owner Northview Mobile Home Park to discharge treated
sewage water into the Flat Creek. I live at 20 Brownwood Estate, which borders the Northview Park property. I ask
that you do not renew OR allow the expansion of the current permit for several reasons related to water quality.
The current mobile home park has undoubtedly degraded the water quality of the Flat Creek compared to the time
when the park was not there. Runoff from the yards and streets of the park is one of the biggest contributing factors to
this; there is a lot of traffic on the road since there are currently, by my count, 175 mobile homes on a stretch of road
that is approximately 1 mile in length. The density of the mobile homes in this area is unbelievable. I have attached a
picture for your review. Remember that this area is not served by municipal water sources as well, and hence the need
of the discharge permit. It is folly to think that this density of mobile homes does not negatively impact the water
quality of flat creek which is borders. There is not enough space between homes or between the park and the river to
allow runoff to adequately filter. This poor water quality affects everyone in the area — the creek is degraded to the
point that it cannot be used recreationally, it smells, and our groundwater can get more contaminated.

Add this to the fact that since 1994, the effluent from the sewage treatment facility run by the owner of the mobile
home park has had, at my count, no less than 52 violations, seven of which occurred within the last year. To even
consider expansion of the current permit is reckless and will harm our environment and water quality.
I think that it is extremely important for you to not only consider the effluent from the plant but the impact of the
volume of homes and the runoff from those homes. As far as I know, you are the only ones who can prevent the
expansion of the current trailer park by not allowing the permit to be expanded. I ask that you seriously consider the
consequences of allow this expansion to happen, since, once built, it is extremely difficult to reduce the number of
homes in a mobile park due to zoning laws, even if water quality or other laws are violated.
Again, I ask that you do not allow the renewal or expansion of this permit. It is clear that the owner of this park does
not have the best interest of water quality in mind, and the current plan has already been in violation of laws multiple
times.
Thank you,
Robin W. Smith
2

Chapman, Amy
From: Young, Brianna A
Sent: Tuesday, November 21, 2017 7:02 AM
To: Chapman, Amy
Subject: FW: [External] Northview Mobile Home Park
Attachments: trailernexttomyhouse.JPG
Brianna Young
Environmental Senior Specialist
Compliance and Expedited Permitting Unit
Division of Water Resources
Department of Environmental Quality
Office: 919-807-6333
Brianna. Young4ncdenr.gov
Mailing address:
1617 Mail Service Center
Raleigh, NC 27699-1617
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third patties.
From: Alex Kamenel [mailto:alexkamenel@gmail,com]
Sent: Monday, November 20, 2017 10:32 PM
To: Young, Brianna A <[e-mail]>
Subject: [External] Northview Mobile Home Park
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
report.spamPnc.gov.
NC Department of Environmental Quality,
It has come to my attention that permit NC0067342 is up for renewal and possible expansion. I would like to add my
voice to others in the area in saying that renewal is a bad idea and expansion is an unthinkable one.
I live at 20 Brownwood Estates, and my property borders that of the Northview Mobile Home Park. This park is not a
nice 50 and over community of trailers, which are nicely spaced out with well -maintained yards. These trailers are about
as closely packed as slope and law will allow, and as close to property boundaries as allowed (please see attached
picture of the trailer bordering my yard). There are well over 150 trailers currently spaced over an area of land that
can't be more than two or three acres. Pets of all sorts are left outside day and night to do their business, cars drive up
and down the street day and night. And all of this is right next to the Flat Creek River. You cannot tell me that the
runoff from all of this does not degrade water quality. Expanding the permit will only allow for more trailers to be built
(200 more!!!) and for more contaminated runoff to drain into the river when it rains.
1

The sewage and brown water of all of these trailers is treated by the facility owned by the owner of the park and
discharged into the river. This facility has been the subject of multiple violations (over 50). These violations seem to
span the spectrum, from overabundant levels of fecal coliforms to ammonia to suspended solids. The expansion would
increase the amount of water going to this facility by over 100% and will overburden it. Also, this kind of goes without
saying, but this land is not supported by municipal facilities. That means that the water for over 150 trailers, in an area
of at most 3 acres, is being pumped from the ground day and night. Adding more trailers to this already precarious
situation could lead to water shortages and greatly decreased water quality for not just me (since 1 have a well here too)
but for the many residents of the park (literally an entire busload of children live at this park). These people who live at
this park are in no financial position to filter in any meaningful way the water coming out of their faucets. If you allow
this permit to expand, you will be directly responsible for water shortages and quality issues for well over 500 people. 1
say this because you seem to be the only people who can do anything about this expansion.
I honestly can't even believe I have to write this letter considering all that I have written above. The fact that the NC
Department of Environmental Quality is even considering renewing, never mind expanding the current permit is very
sad and makes little sense given the violations and the obvious fact that more trailers will produce more contaminated
runoff and overburden the treatment facility which has already been in violation OVER 50 TIMES. Please do not renew
or expand the permit to this man who is a proven polluter and does not abide by environmental laws.
Thank you for your time,
Alexandra Kamenel
Laboratory Technologist
[phone]
2

Ile sent me this, but there was no attachment?
.Windet 40;74
Environmental Senior Specialist - Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ - Division of Water Resources
828 296 4500 office
828 299 7043 fax
Email lnda. wiags(c�ncden r. gov
2090 U.S Hwy 70
Swannanoa, N.0 28778
'Nothing Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Derrick Bailey [mailto:[e-mail]]
Sent: Thursday, August 17, 2017 11:54 AM
To: Wiggs, Linda <[e-mail]>
Subject: NV MHP 2 Additional Photos (Hencken)
Begin tomarded message:
From: "John" <[e-mail]>
Subject: RE: Northview Mobil Home Park
Date: August 16, 2017 at 6:00:57 PM EDT
To: "'Derrick Bailey"' <derrickrbaileygmail.com>
Reply -To: <johnjfhent.com>
Here are two pictures from yesterday, 2017 August 15. of the disrepair of the discharge piping.
Original Message
From: Derrick Bailey [mailto:den•[e-mail])
Sent: Wednesday. August 16. 2017 5:29 PM
To: johnra�;jfhent.com
Subject: Re: Northview Mobil l lome Park
Thank you very much.

On Aug 16. 2017. at 5:26 PM. John <iohnOtifhent.com> wrote:
Derrick,
Attached is a video I took of the sludge coming out of the discharge pipe into Flat Creek.
I will be looking through my old emails to find other occurrences which I took a video or picture
of.
John
Original Message
From: Derrick Bailey[mailto:[e-mail]}
Sent: Wednesday, August 16, 2017 12:41 PM
To: [e-mail]
Subject: Re: Northview Mobil Home Park
Hi, John:
I think this email will suffice. I will give it to the state representatives.
Thank you.
Derrick
Derrick R. Bailey
WATSON BAILEY CIOCHINA, LLP
Orange Street Professional Park
Thirty -Two Orange Street
Asheville, North Carolina 28801
Phone: [phone]
Fax: [phone]
CONFIDENTIALITY NOTICE: This message is intended only for the designated recipient or
recipients. It may contain confidential. proprietary and/or legally privileged information. Any
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be used, by any taxpayer for the purpose of avoiding penalties that may be imposed on the
taxpayer.
On Aug 15, 2017. at 12:10 PM. John <john cvjfhent.com> wTote:
Derrick.

I live directly across the creek from Northview Mobil Home Park.
Based on past experiences I question whether or not they can truly be environmentally
responsible land owners.
Over the past 6 or 7 years I have repeatedly sent pictures of sludge discharges to Buncumbe
County. The sludge contaminates a section of about 50 to 100 feet of the creek on our property
line. Since they installed the new septic tanks I don't know if the sludge has stopped or not. I
share a 1400 foot common section of the creek adjacent to our bottom land pasture with the
Northview Mobil Park. Part of the mobile park was built on fill near the creek that if done today
would have clearly be violating creek side environmental practices and therefor my property
receives all the overflow from creek floodwaters when in fact some of the natural floodwaters
would have overflowed onto the Northview property.
During their recent septic system upgrade I caught their contractors dumping the septic tank pit
evacuated dirt and rocks onto the creek bank which then forces more flood waters onto my land
(pictures included). The county acknowledged my concern and the contractors stopped moving
dirt and rocks to the creek but they did not remove the dirt and rocks they had already placed
there.
On a daily basis when their septic system pumps run they run so loudly that it drowns out any
peace and tranquility one would expect in a rural creek side setting. Clearly it reduces the value
of my property should I someday need to sell our farm.
I may or may not be able to attend the meeting as I have a prior engagement in the morning. But
I will do my best to try and make the meeting.
If I write a letter who and where should I address it to?
John
John & Abbie Hencken
15 Trinity Hills Drive
Weaverville, NC 28787
[phone]
<_MF3 5 Northview Properties LLC Septic
Pollution.pdf<P4020021 jpg><P4020022 jpg><P4020023 jpg><P4020024 jpg><P4020025 jpg
><P4020026 jpg><P4020020.jpg><P4020027 jpg>
<MF24 Pond Etc 20100804 0264.AVI>

Chapman, Amy
From: Hennessy, John
Sent: Friday, December 08, 2017 3:52 PM
To: Chapman, Amy; Young, Brianna A
Subject: FW: [External] FW: (CWA - FY18-164614-3709-CV) Referred to Region - North Carolina
John Hennessy
Supervisor, Compliance and Expedited Permitting Unit
Division of Water Resources
Department of Environmental Quality
919-807-6377 office
john hennessy@ncdenr gov
1617 Mail Service Center
Raleigh, NC 27669-1617
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From: Guzman, Humberto [mailto:[e-mail]]
Sent: Wednesday, December 06, 2017 2:30 PM
To: Davidson, Landon <[e-mail]>; Heim, Tim <[e-mail]>
Cc: Barrino, Reginald <[e-mail]>; Janovitz, Sara <[e-mail]>; Cole, Brad
<[e-mail]>; Zimmerman, Jay <[e-mail]>; Hennessy, John
<[e-mail]>
Subject: [External] FW: (CWA - FY18-164614-3709-CV) Referred to Region - North Carolina
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
[e-mail].
Tim,
How are you today? This citizen complaint appears to be a sewage and a permit issue. The complainant claims that this
trailer park is a habitual violator. He is getting his information from the DNR website. Can you please ask someone to
look into this?
Thank you,
Humberto
Original Message

12/5/2017 1:54 PM
HQ LEAD NUMBER: FY18-164614-3709-CV
SUBJECT: Referred to Region - North Carolina
FROM: rbrad99550(c�aoi.com
TO:
Name: Rex Bradburn
Address: 1281 vandalia ave se
City: palm bay
State: Florida
Zip: 32909
Phone: [phone]
Alleged Violator's Name. North View Trailer Park
Alleged Violator's Address: Martin Ford road
Alleged Violator's City: weaverville
Alleged Violator's State: North Carolina
Alleged Violator's Zip: 28787
Tip or Complaint: To whom it may concern; I am requesting that someone other than the North Carolina Department of
Natural Resources (DNR) oversee the permitting process on the "North View Trailer Park", on New Stock Road,
Weaverville, NC 28787. The reason is simple; Since its inception it has been fined for violations 126 times. Now the
state wishes to allow a new 5 year permit and allow the park to expand its operations adding up 150 more residences,
while poisoning our creek and water table. Though theNC DNR has stated that the new permit is more restrictive. the
North View Trailer Park has shown a blatant disregard for the law concerning its sewage management and being a
good neighbor It has already caused a 1 to 2 year POSSIBLE recovery on our creek and into the French Broad River,
but CAN'T say what it has done to the water table. We use to swim and let children play in this creek, but now the
smell, the human feces, toilet paper, condoms, needles as well as the noise make us prohibit our children from going
near this. Even the animals that use to live on the water do so above the trailer park and avoid below it. We can't let our
cows, horses, or pets drink from this contaminated water. At the NC DNR website here is the Permit Facility Name:
NC0067342 There are 4 pages of violations listed, plus we have pictures, if desired, to show some of the things being
done to the creek, river and water table. Thank you for whatever you can do. Rex Bradburn, USAF Ret., Cell: 321-432-
1162 Call from 8am to 11 am and 1pm to 8pm any day. Email: rbrad99550(aol.com
Specific Directions: From Weaverville, take 25/70 west, go about 1 mile or moreturn Left(3rd or 4th red light after
exiting 1-26) onto New Stock road.. go about 1/8 mile and Trailer Park will be on the right as you go up the hill.
Violation Still Occurring? Yes
State DEP/DEQ/DEM Notified? Yes
2

Chapman, Amy
From: Hennessy, John
Sent: Tuesday, November 28, 2017 12:08 PM
To: Young, Brianna A; Chapman, Amy
Subject: FW: [External] North View Park Treatment Facility Public Hearing Follow -Up
John Hennessy
Supervisor, Compliance and Expedited Permitting Unit
Division of Water Resources
Department of Environmental Quality
919-807-6377 office
john.hennessy©ncdenr.gov
1617 Mail Service Center
Raleigh, NC 27669-1617
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Rusty James [mailto:[e-mail]]
Sent: Sunday, November 19, 2017 11:35 AM
To: Davidson, Landon <[e-mail]>; Hennessy, John <[e-mail]>
Subject: [External] North View Park Treatment Facility Public Hearing Follow -Up
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
report.spam@ nc.eov.
To Whom It May Concern,
This is my formal written follow up to the public hearing that took place on November 15, 2017 in regards to the proposed expansion of the
permit for the water treatment facility at the North View Trailer Park in Weaverville, NC off of New Stock Road.
I have a number of issues that I want to discuss which the public hearing did not allow time for full elaboration.
First and foremost, everyone knows that the North View Trailer park is not a good neighbor. Everyone, including the city, the county, the
state, and the fed knows that this park has had non-compliance issues with their water treatment facility. All us locals know far more than
any government entity about the first hand impact that this trailer park has on our lives, our properties, our environment, our health, and
our safety. Because there has been recent non-compliance issues, and there have been reprimands and consequences to this non-
compliance, I simply must ask the most logical question possible. Why on Earth is there a even the existence of the possibility for an
EXPANSION of this facility so soon after a non-compliance issue?? There is simply no way in my mind that I can comprehend the thought.
Having said that, I am aware that governments usually do not operate completely within the boundaries of logic, certainly not caring for the
best interest of the greater good, and in today's day and age, they certainly are more susceptible to being persuaded by the influence of
1

money, greed, and deceptive legal tactics than they are by wholesome intelligent conscience. Such is the case in the current proposal for
expansion of this facility. The population of Weaverville is just under 4000 people. I'm not sure if that includes the surrounding areas
serviced by 28787 or just the immediate downtown. There are currently approximately 160 trailers in the North View Park, and I deduce
that there must be at a minimum 400 people living in the Park. Thats approximately 10% of the population of the city in an area of less
than a fraction of 1% of the actual area of its legal boundaries. Very few places, if any, in all of Buncombe county have this kind of
population density. And the proposal is to expand the Park. I am not sure of the exact figures of expansion, but I have heard rumors of
another 80-100 trailers potentially coming in. I have also heard rumors that the expansion is supposed to fall under Section 8 housing.
At the hearing that took place, the speaker made it clear that we were discussing the issue of water quality ONLY, and that no reference to
other aspects of the circumstances surrounding the trailer park were to be discussed. Since I could not voice my full concerns due to this
restriction at the hearing, I will NOT refrain from doing so now. This might appear to fall under the guise of "water safety," but the
department that deals with the acceptance or denial of this permit has a MUCH greater power and responsibility to this community than
simply the quality of our water. You are directly responsible for the impact of HUGE social issues in our neighborhood and on our lives. The
impacts of this permit are about so much more than water. This is about the safety of our children, the cleanliness of our properties, the
value of our properties, the impact on wildlife, and many other things. To me, water is a concern, but the fact that a potential Section 8
housing complex might become my neighbor is so much more of a concern than non-compliance of the treatment facility.
I have compassion for people who cannot get by in this ever -more challenging country. But Section 8 housing is more effective and useful
to the recipients of the assistance when it is positioned close to urban areas. The recipients are already struggling to make ends meet. The
increased distance to jobs are a greater expense, and will inhibit their capacity to find and sustain employment. When there is no
employment, drugs and crime usually set in as the primary means of subsistence and entertainment.
We already have had many drug/crime related reports from the community as a result of the existing trailer park. There are used needles
and condoms littering our country properties, there are people who come and do malicious things in the nooks and corners of our
street. There is a "trash dump corner" where people dump their tires, their furniture, all the things that they cannot afford (or do not
choose) to pay to dispose of at the dump, just around the bend from my house. We have had police with rifles run down our street and
through the back side of our property chasing criminals fleeing out the back end of the trailer park in the past. 1 hear gun shots from the
trailer park semi -regularly. I can only assume they are shooting targets, and 1 wonder why the cops are not called. Or perhaps they are. I
dont know.
Either way, the trailer park is already a serious problem ,and the people that live there are predominately working families, Most of the
residents are good people who have occupations and help the WNC community thrive. There are more good people there than bad, I
believe. But what will happen if you accept this expansion and a Section 8 housing complex goes up? The amount of crime, drugs, security
issues, safety of our children, these are much more pressing issues than simply the water quality issues that we discussed at the
hearing. Your water quality department is DIRECTLY in control over the significant increase in the negative impact that the trailer park has
on our community. if you accept the permit, we, the neighbors, have to deal with major consequences that are far greater than our
water. The fact that government is intentionally fragmented, and has to comply within the rulesof law, and does not always take heart and
logic in to account when making its decisions is sheer criminal in my opinion. It is blatantly obvious what the answer is to the question of
expansion. You cannot have 10% of the population in one place in a rural area, already have unacceptable levels of crime and non-
compliance with the treatment facility, and then expand it to potentially 20% of the population of 28787 and expect there to not be a giant
surge in crime, drug problems, trash problems, water degradation, wildlife decrease, etc. We the upstanding neighbors will bear the brunt
of your illogical decisions. We the tax paying neighbors who run our own businesses will have to deal with this. And to me it is
unacceptable.
The answer to the question of expansion comes well before any water quality issues are even brought the to table. the answer is NO,
ABSOLUTELY NOT. The park is already NON -COMPLIANT in very recent times! The fact that it is even on the table for discussion of
expansion is beyond my comprehension.
Now lets talk about the rest of the issues. I have been living at 181 Martin Ford road for 13 years. My property is the closest property to
the treatment facility. In that time, we have had hundreds of days where a foul smell permeates the air. Sometimes it smells like a sewer,
and sometimes it burns the back of my throat and stings my eyes and smells like the most putrid smell you have ever smelled. I cannot
physical remain outside at my residence when this occurs. It is toxic. There is also a pump that creates the most absurd noise pollution
that one could imagine that sits just over my property line by less than 100 feet. I can hear this pump from inside my house. I can hear it in
my bedroom. I can hear it on the opposite side of my house as well. I cannot go and enjoy the nature around me outside of my house
when the pump is operating because the noise is all -consuming. The pump runs for approximately 50% of the time, to my
understanding. I have taken photos of the pump, and the device that makes the noise is not even covered. There is zero sound buffering
on the device whatsoever. The sound pollution levels exceed what is normal and acceptable across a significant % of my property. 1 have
reported it in the past.
2

I obtained legal counsel at one stage to attempt to remove this noise pollution. The lawyer thought it would be an easy thing to fix by just
mailing or calling the lawyers of the Park, because it is such an obvious infraction that it should not need legal assistance to persuade the
owner to fix. The request fell on deaf ears, and no adjustment was made to the noise pollution. I have not had the time to deal with this
issue. I run my own business, and I travel the world about 50% of the year. If there is no muffling of the noice pollution to acceptable'
levels, I will be forced to use legal means to stop the noice, simple to enjoy the outdoors on my property. I would love to have a hot tub for
example, but the noise prevents it from being a wise choice.
Lets now talk about non-compliance. Your sacred water quality issue. The federal law states that no water degradation is allowed in this
creek. We have already seen water degradation in the creek. It is documented and proven by the state. The state water control person
that came out last year to check on it was given access to the creek on my land (by us). He personally told us that if he was the father of
our child, he would not allow my son to play in this creek. There have been solids floating down the creek. He knew it. He was there to
check on it, and he knew there were big problems. You all know there are problems. I can tell you first hand, from being the closest person
/ property / neighbor to this treatment facility, you can come and check on random days without them knowing, but you are not checking
every day. There are days that it is beyond belief, and there are days that it seems normal. If I were truly concerned about water quality in
this creek, I would be checking a minimum of twice a week, unannounced. And I would increase the fines for non-compliance by 10X.
Since I have been here I have seen a reduction in wildlife in the creek. There are far fewer fish, birds, and animals in the water. There used
to be river otters that we would see every year at least a few times, usually in the winter. We walk the road about 1/2 mile up and down
the creek every day, and we were always excited to see the otters. We have not seen them in at least 6-8 years. The same is true for the
beavers. Its been at least 3-4 years since we have seen them, and we used to see them all the time. The locals know that there is far more
wildlife upstream from the treatment facility than downstream. The wildlife doesn't lie. The wildlife doesn't take readings and test the
water. They just know, and they go elsewhere. Yet here we humans are, supposedly the greatest animal on Earth, and we have to use
fragmented disassociated bureaucratic departments and go through legal protocols to determine if there's a problem. Even when the
neighbors are standing here telling you theres been problems from the beginning, the wildlife is lessening, and even by means of your own
instrumentation and testing, after having determined that this treatment facility has been in non-compliance in the recent past, there is still
consideration for an expansion?
There is no logic in this argument. Our country and world is wrought with greed, and our entire planet is at risk of purging humans as the
parasitic species that it needs to eradicate in order for it to return to homeostasis. The same issues of greed and profit over conscience that
plague our nation are the same issues that apply to our local situation. Greed and profit are the ONLY driving force behind this
expansion. No regard for the local community has ever been given by the owner of this treatment facility, and not one single neighbor has
anything positive to say about the trailer park. It is an eye sore in our lives, a thorn in our side, and salt in the wound.
I personally have greater consequences to bear than many of my neighbors. I already have plans made to build a custom home on the
existing property that I own. I can mildly tolerate the trailer park in its current capacity, with exception to the noise pollution from the
pump. 1 will have to take expensive measures to protect my property value and my family from the nuisance of the park as it stands
already. I will be building a wall as a barrier to the Park. However, there is no barrier to drug users and jobless residents, meth heads and
the like, that can be erected to protect us from what you may impose upon us if a Section 8 housing complex is given priority over the rights
and wishes of the existing residents. 1 have seen men walking up our street in the past that were obviously on meth or some other
disassociative substance. I watched them carefully as they rolled around on the ground on the other side of the road from my property in
the middle of the day. There are serious problems that already plague the rural population here. Adding more density is going to
exponentially exacerbate the situation, making drugs easier to obtain, making crime inevitable.
An expansion of the park is a serious risk to our community. As we see more senseless gun violence and the number of gun related deaths
in our country, I can only wonder what greater risk will present itself if you approve this expansion and the owner proceeds with Section 8
housing. This valley is tranquil and serene. The trailer park and its upstanding working residents will cause much less social disturbance
than a section 8 housing complex. I know that the water department is not legally responsible in considering the full extent of implications
of this situation.
This is where government fails us, as logic is compartmentalized and laws are written in fragmented departments with specific intent for
loopholes in the law to exist. This is how greed and selfishness win over good conscience and logical deduction. Give the responsibility to
the water department, but the bigger implication is social in nature.
In my point of view, this paradigm that allows greed and money to serve a small % of the population at the expense of the masses, is the
root of the biggest problem that threatens the survival of our species. We continue to allow the few to take all the resources, and the rest
fend for whats left, and in the process we destroy the planet. We have almost reached the tipping point where 1% of the world's
population controls over 50% of the resources. The only inevitable solution to this lack of balance is revolution/change in paradigm or
demise of the species or the planet. I don't see any third option. It doesn't take a scientific study to know that our planet is reaching the
tipping point.
3

I apologize for broadening this subject beyond our local issue, but your decision to allow expansion of this treatment facility is a microcosm
of the issues that we face in the world at large. You have a choice, and you can choose what's right, just, ethical, and fair, or you can
choose the same path of greed and destruction that has penetrated and infected the very fabric of human psychological integrity. I urge
you'to take a leap of faith and think logically outside the boundaries of your finite jurisdiction of water control to the issues that I have
presented. Would you allow your children in the contaminated creek? Would you like to have to pay for the removal of trash that was
tossed over the fence in your yard? Do you want the police running through your property chasing drug dealers and criminals? How would
you feel if you had to pick up condoms from your yard and explain to your children what that is and why they are there? What would you
do if you saw men in front of your driveway that were so "gone" on a disassociative substance that they couldn't function, laid in the street,
and had no idea where they were, in broad daylight?
When one lives in an urban area, these occurrences are more normal and expected. You simply have to deal with it when you live in a
densely populated area. We already have 10% of Weaverville living just over the hill, please don't make it 20%. This is the country. This is
nature and beauty. Just because this guy already has a treatment facility does not mean that this sort of development can't be put up
somewhere closer to an urban area. We've already got one big bad neighbor, use your conscience and think about what you would do if
you were in our shoes. The decision is obvious, is it not?
Thank you for listening.
Rusty James
828-280-7870
181 Martin Ford Rd, Weaverville
4

Chapman, Amy
From: Young, Brianna A
Sent: Tuesday,'November 28, 2017 8:41 AM
To: Chapman, Amy
Subject: FW: [External] North View Mobile Home Park in Weaverville, NC
Additional comments on North View MHP.
Brianna Young
Environmental Senior Specialist
Compliance and Expedited Permitting Unit Division of Water Resources Department of Environmental Quality
Office: 919-807-6333
[e-mail]
Mailing address:
1617 Mail Service Center
Raleigh, NC 27699-1617
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.
Original Message
From: Howard Borland [mailto:[e-mail]]
Sent: Monday, November 27, 2017 9:03 PM
To: Young, Brianna A <[e-mail]>
Subject: [External] North View Mobile Home Park in Weaverville, NC
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to [e-mail].
To whom it may concern:
I am writing to you in reference and opposition to the North
View Mobile Home Park's application for its NODES permit renewal. My
name is Valerie Borland and I am the homeowner at 16 Brownwood Est.
Weaverville, NC. My home is located next to the entrance of North View Mobile Home Park. I have lived here since
1985 and have watched the area change from pristine farmland to the construction and continual population growth of
North View. Throughout the years of North View's growth the management has severely impacted the community, park
residents, and the environment with it's unethical practices of removing waste water, garbage and supplying the park
with potable water. It is shocking to know that the Buncombe County inspectors, commissioners and other officials
have allowed this park to have a negative environmental impact not only for the residents who live in the park but the
community that surrounds this park. Yes, the odor and noise is evident from both ends of this park and it doesn't get
better. We mention this to Mr.
James Rice and nothing gets fixed. This park has grown from 150
mobile homes to almost 300. Most of the mobile homes have more than
one family living in the same home. Which means, more waste to dispose of whether it being through wastewater or
garbage. Let alone having sufficient and clean potable water. The Eaven Brice Partnership consistently fails to meet the
1

necessary demands of functioning as a healthy community. As I look and read the monitoring report violations for this
mobile home park since 1994 until now, it really shocks me that this park was never shut down due to negligence of
properly maintaining all of its facilities and the negative impact the sewage, garbage and
potable water has had on the communnity. Violations never should have
existed or been given the first time if this park was compliant from the very beginning of its construction. Very strict and
constant monitoring of the park's sewage, garbage and potable water by licensed officials should have be in place since
1994 because of the size of this large
park and now this park is planning on becoming larger. If the wind
is right we do smell the park's water treatment facility and can definitely hear the sound of the equipment during the
night when the traffic to the park has died down. My question is if the surrounding neighbors can smell and hear this
waste water treatment facility imagine what the park residents who live right next to all of this have to deal with. You
see, they are afraid to say anything for fear of being evicted. If some people have said anything, nothing gets fixed.
People should not have to live this way. What is happening to the
community of Martin Ford Rd. and surrounding area around this park is terrible and it certainly is a travesty that this
park continues to destroy the rivers, streams, aquifers, wildlife, and air quality of a
large community. Years ago this park was without water for 5 days.
The management did nothing to repair or make necessary arrangements for the residents in this park. It took a brave
soul that lives in the park to call Channel 13 News and tell them that they were without water for 5 days. Finally after
the story aired on T.V. there was a water truck in our subdivision's driveway filling up the water tower for the
park. That truck came for many days until the water pump to the park's
well was fixed. I wish the trailer park fixed our damaged road due to the weight of the water truck, but no, Mr. Rice said
he didn't damage
the road. Another episode is the constant and overwhelming stink
of the trash and overflowing trash containers that are next to my house. There use to be a a fence surrounding the 2
dumpsters, but the fence only lasted for the duration of the lst year the park was built and has since laid on the ground.
As a result trash is usually
everywhere. What has been interesting that Mr. Rice has had his
mobile home park help sprucing things up around the park a month before the public hearing that was,,held at North
Buncombe High School on Nov.
15th. A new cover which replaced the original rusted cover over the
pipe to the water tower has been replaced, but the old cover and it's insulation still remains on the ground, the
dumpsters have now been removed and a large commercial compactor is in the spot with red caution tape around it(
this will certainly keep the children out). All of this will remain as is and some improvements may happen to the waste
water treatment facility, but the violations will continue because of the irresponsible and negligent contamination of
the environment. You see,
North View's problems only get fixed or should I say band -aided if
the management needs something from government officials for the owner's own financial benefit. Once he gets what
he needs for expansion, etc.
we are back to the neglectful and unethical practices of garbage collection, waste water treatment, etc. So, the sewage
will never be
fixed correctly and the contamination will continue. When does all of
this finally stop and something is done about this park. The growth and negligence of maintaining core components of
this park will continue to have a negative.impact on the community.
Sincerely,
Valerie Borland
16 Brownwood Est. Weaverville, NC 28787
[e-mail]
2

Chapman, Amy
From:- Davidson, Landon
Sent: Wednesday, December 06, 2017 2:45 PM
To: Guzman, Humberto
Cc: Hennessy, John; Chapman, Amy; Young, Brianna A; Wiggs, Linda; Heim, Tim
Subject: RE: [External] FW: (CWA - FY18-164614-3709-CV) Referred to Region - North Carolina
Humberto -
Our agency has addressed the subject's non-compliance with regard to their NPDES permit in three ways: (1) through
enforcement of permit limits and collection of split samples; (2) referral of the facility's ORC to the certifying commission
for license revocation; and, (3) modifying the existing permit which is currently in review following a public hearing last
month. Based on a Sept. 2015 study, the facility has had a deleterious impact on the benthic community in the receiving
stream.
My reading of this particular complaint requires no further action on our part other than a continuation of our current
approach which is completely aligned to bring the facility into compliance and properly execute the EPA delegated
NPDES program. It appears the person is requesting an EPA review of the facility or intervention with regard to
overseeing NPDES compliance instead of DWR.
Please let me know if I can assist further as I'm available to share additional information or partner with EPA in any
manner appropriate.
Regards,
Landon
G. Landon Davidson, P.G.
Regional Supervisor - Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ - Division of Water Resources
828 296 4680 office
828 230 4057 mobile
[e-mail]
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From: Guzman, Humberto [mailto:[e-mail])
Sent: Wednesday, December 06, 2017 2:30 PM
To: Davidson, Landon <[e-mail]>; Heim, Tim <[e-mail]>
Cc: Barrino, Reginald <[e-mail]>; Janovitz, Sara <[e-mail]>; Cole, Brad
<[e-mail]>; Zimmerman, Jay <[e-mail]>; Hennessy, John
<[e-mail]>
Subject: [External) FW: (CWA FY18-164614-3709-CV) Referred to Region - North Carolina
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
report.spam Pnc.gov.
Tim,
1

How are you today? This citizen complaint appears to be a sewage and a permit issue. The complainant claims that this
trailer park is a habitual violator. He is getting his information from the DNR website. Can you please ask someone to
look into this?
Thank you,
Humberto
Original Message
12/5/2017 1:54 PM
HQ LEAD NUMBER: FY18-164614-3709-CV
SUBJECT: Referred to Region - North Carolina
FROM: [e-mail]
TO:
Name: Rex Bradburn
Address: 1281 vandalia ave se
City: palm bay
State: Florida
Zip: 32909
Phone: [phone]
Alleged Violator's Name: North View Trailer Park
Alleged Violator's Address: Martin Ford road
Alleged Violator's City: weaverville
Alleged Violator's State: North Carolina
Alleged Violator's Zip: 28787
Tip or Complaint: To whom it may concern; I am requesting that someone other than the North Carolina Department of
Natural Resources (DNR) oversee the permitting process on the"North View Trailer Park", on New Stock Road,
Weaverville, NC 28787. The reason is simple; Since its inception it has been fined for violations 126 times. Now the
state wishes to allow a new 5 year permit and allow the park to expand its operations adding up 150 more residences,
while poisoning our creek and water table. Though theNC DNR has stated that the new permit is more restrictive, the
North View Trailer Park has shown a blatant disregard for the law concerning its sewage management and being a
good neighbor. It has already caused a 1 to 2 year POSSIBLE recovery on our creek and into the French Broad River,
but CAN'T say what it has done to the water table. We use to swim and let children play in this creek, but now the
2

smell, the human feces, toilet paper, condoms, needles as well as the noise make us prohibit our children from going
near this Even the animals that use to live on the water do so above the trailer park and avoid below it. We can't let our
cows, horses, or pets drink from this contaminated water. At the NC DNR website here is the Permit Facility Name:
NC0067342 There are 4 pages of violations listed, plus we have pictures, if desired, to show some of the things being
done to the creek, river and water table. Thank you for whatever you can do. Rex Bradburn, USAF Ret., Cell: 321-432-
1162 Call from 8am to 11 am and 1 pm to 8pm any day. Email: rbrad99550aol corn
Specific Directions: From Weaverville, take 25/70 west, go about 1 mile or moreturn Left(3rd or 4th red light after
exiting 1-26) onto New Stock road, go about 1/8 mile and Trailer Park will be on the right as you go up the hill.
Violation Still Occurring? Yes
State DEP/DEQ/DEM Notified? Yes
3

.isty James comments - Fwd External North View Park Treatment Facility Public Hearing Follow-Up..0
From: Davidson, Landon
Sent: Sunday,November 19, 2017 2:31 PM
To: Young, Brianna A
Subject: Fwd: [External] North view Park Treatment Facility Public Hearing
Follow -Up
G. Landon Davidson, P.G.
Regional Supervisor
Water QualityOperations Section
Asheville Regional office
From: Rusty James <[e-mail]>
Sent: Sunday, November 19, 2017 11:35:25 AM
To: Davidson, Landon; Hennessy, John
Subject: [External] North View Park Treatment Facility Public Hearing Follow-up
CAUTION: External email. Do not click links or open attachments unless verified.
Send all suspicious email as an
attachment to [e-mail].
To whom It May Concern,
This is my formal written follow up to the public hearing that took place on
November 15, 2017 in regards to the
proposed expansion of the permit for the water treatment facility at the North view
Trailer Park in weaverviile, NC off of
New Stock Road.
I have a number of issues that I want to discuss which the public hearing did not
allow time for full elaboration.
First and foremost, everyone knows that the North view Trailer park is not a good
neighbor. Everyone, including the
city, the county, the state, and the fed knows that this park has had non-compliance
issues with their water treatment
facility. All us locals know far more than any government entity, about the first
hand impact that this trailer park has on
our lives, our properties, our environment, our health, and our safety. Because.
there has. been recent non-compliance
issues, and there have been reprimands and consequences to this non-compliance, i
simply must ask the most logical
question possible. Why on Earth is there a even the existence of the possibility
for an EXPANSION of this facility so soon
after a non-compliance issue?? There is simply no way in my mind that I can
comprehend the thought.
Having said that, I am aware that governments usually do not operate completely
within the boundaries of logic,
certainly not caring for the best interest of the greater good, and in today's day
and age, they certainly are more
susceptible to being persuaded by the influence of money, greed, and deceptive legal
tactics than they are by
wholesome intelligent conscience. Such is the case in the current proposal for
expansion of this facility. The population
of weaverville is justunder 4000 people. I'm not sure if that includes the
surrounding areas serviced by 28787 or just
the immediate downtown. There are currently approximately 160 trailers in the North
view Park, and I deduce that
there must be at a minimum 400 people living in the Park. Thats approximately 10%
of the population of the city in an
area of less than a fraction of 1% of the actual area of its legal boundaries. Very
few places, if any, in all of Buncombe
county have this kind of population density. And the proposal is to expand the
Park. I am not sure of the exact figures of
Page 1

Jsty James comments - Fwd External North view Park Treatment Facility Public Hearing Fo11ow-up.ty
expansion, but 1 have heard rumors of another 80-100 trailers potentially coming in.
I have also heard rumors that the
expansion is supposed to fall under Section 8 housing.
At the hearing that took place, the speaker made it clear that we were discussing
the issue of water quality ONLY, and
that no reference to other aspects of the circumstances surrounding the trailer park
were to be discussed. since I could
not voice my full concerns due to this restriction at the hearing, i will NOT
refrain from doing so now. This might appear
to fall under the guise of "water safety,but the department that deals with the
acceptance or denial of this permit has a
MUCH greater power and responsibility to this community than simply the quality of
our water. You are directly
responsible for the impact of HUGE social issues in our neighborhood and on our
lives. The impacts of this permit are
about so much more than water. This is about the safety of our children, the
cleanliness of our properties, the value of
our properties, the impact on wildlife, and many other things. To me, water is a
concern, but the fact that a potential
section 8 housing complex might become my neighbor is so much more of a concern than
non-compliance of the
treatment facility.
I have compassion for people who cannot get by in this ever -more challenging
country. But section 8 housing is more
effective and useful to the recipients of the assistance when it is positioned close
to urban areas. The recipients are
already struggling to make ends meet. The increased distance to jobs are a greater
expense, and will inhibit their
capacity to find and sustain employment. When there is no employment, drugs and
crime usually set in as the primary
means of subsistence and entertainment.
we already have had many drug/crime related reports from the community as a result
of the existing trailer park. There
are used needles and condoms littering our country properties, there are people who
come and do malicious things in
the nooks and corners of our street. There is a "trash dump corner" where people
dump their tires, their furniture, all
the things that they cannot afford (or do not choose) to pay to dispose of at the
dump, just around the bend from my
house. we have had police with rifles run down our street and through the back side
of our property chasing criminals
fleeing out the back end of the trailer park in the past. I hear gun shots from the
trailer park semi -regularly. 1 can only
assume they are shooting targets, and 1 wonder why the cops are not called. or
perhaps they are. I dont know.
Either way, the trailer park is already a serious problem ,and the people that live
there are predominately working
families, Most of the residents are good people who have occupations and help the
WNC community thrive. There are
more good people there than bad, I believe. But what will happen if you accept this
expansion and a section 8 housing
complex goes up? The amount of crime, drugs, security issues, safety of our
children, these are much more pressing
issues than simply the water quality issues that we discussed at the hearing. Your
water quality department is DIRECTLY
in control over the significant increase in the negative impact that the trailer
park has on our community if you accept
the permit, we, the neighbors, have to deal with major consequences that are far
greater than our water. The fact that
government is intentionally fragmented, and has to comply within the rules of law,
and does not always take heart and
logic in to account when making its decisions is sheer criminal in my opinion. It
is blatantly obvious what the answer is to
Page 2

sty James comments - Fwd External North View Park Treatment Facility Public Hearing Follow-Up.t,
the question of expansion. You cannot have 10% of the population in one place in a
rural area, already have
unacceptable levels of crime and non-compliance with the treatment facility, and
then expand it to potentially 20% of
the population of 28787 and expect there to not be a giant surge in crime, drug
problems, trash problems, water
degradation, wildlife decrease, etc. we the upstanding neighbors will bear the
brunt of your illogical decisions. We the
tax paying neighbors who run our own businesses will have to deal with this. And to
me it is unacceptable.
The answer to the question of expansion comes well before any water quality issues
are even brought the to table. the
answer is NO, ABSOLUTELY NOT. The park is already NON -COMPLIANT in very recent
times! The fact that it is even on
the table for discussion of expansion is beyond my comprehension.
Now lets talk about the rest of the issues. I have been living at 181 Martin Ford
road for 13 years. My property is the
closest property to the treatment facility. In that time, we have, had hundreds of
days where a foul smell permeates the
air. Sometimes it smells like a sewer, and sometimes it burns the back of my throat
and stings my eyes and smells like
the most putrid smell you have ever smelled. I cannot physical remain outside at my
residence when this occurs. It is
toxic. There is also a pump that creates the most absurd noise pollution that one
could imagine that sits just'over my
property line by less than 100 feet. I can hear this pump from inside my house. I
can hear it in my bedroom. I can hear
it on the opposite side of my house as well. I cannot go and enjoy the nature
around me outside of my house when the
pump is operating because the noise is all -consuming. The pump runs for
approximately 50% of the time, to my
understanding. I have taken photos of the pump, and the device that makes the
noise is not even covered. There is
zero sound buffering on the device whatsoever. The sound pollution levels exceed
what is normal and acceptable across
a significant % of my property. I have reported it in the past.
I obtained legal counsel at one stage to attempt to remove this noise pollution.
The lawyer thought it would be an easy
thing to fix by just emailing or calling the lawyers of the Park, because it is such
an obvious infraction that it should not
need legal assistance to persuade the owner to fix. The request fell on deaf ears,
and no adjustment was made to the
noise pollution. I have not had the time to deal with this issue. I run my own
business, and z travel the world about 50%
of the year. If there is no muffling of the noice pollution to acceptable levels, I
will be forced to use legal means to stop
the noice, simple to enjoy the outdoors on my property. I would love to have a hot
tub for example, but the noise
prevents it from being a wise choice.
Lets now talk about non-compliance. Your sacred water quality issue. The federal
law states that no water degradation
is allowed in this creek. we have already seen water degradation in the creek. It
is documented and proven by the
state. The state water control person that came out last year to check on it was
given access to the creek on my land (by
us). He personally told us that if he was the father of our child, he would not
allow my son to play in this creek. There.
have been solids floating down the creek. He knew it. He was there to check on it,
and he knew there were big
problems. You all know there are problems. I can tell you first hand, from being
the closest person / property / neighbor
to this treatment facility, you can come and check on random days without them
knowing, but you are not checking
Page 3

a sty James comments - Fwd External North view Park Treatment Facility Public Hearing Follow-Up.tx
every day. There are days that it is beyond belief, and there are days that it
seems normal. If I were truly concerned
about water quality in this creek, I would be checking a minimum of twice a week,
unannounced. And I would increase
the fines for non-compliance by 10X.
since I have been here I have seen a reduction in wildlife in the creek. There are
far fewer fish, birds, and animals in the
water. There used to be river otters that we would see every year at least a few
times, usually in the winter. we walk
the road about 1/2 mile up and down the creek every day, and we were always excited
to see the otters. we have not
seen them in at least 6-8 years. The same is true for the beavers. its been at
least 3-4 years since we have seen them,
and we used to see them all the time. The locals know that there is far more
wildlife upstream from the treatment
facility than downstream. The wildlife doesn't lie. The wildlife doesn't take
readings and test the water. They just know,
and they go elsewhere. Yet here we humans are, supposedly the greatest animal on
Earth, and we have to use
fragmented disassociated bureaucratic departments and go through legal protocols to
determine if there's a
problem. Even when the neighbors are standing here telling you theres been problems
from the beginning, the wildlife
is lessening, and even by means of your own instrumentation and testing, after
having determined that this treatment
facility has been in non-compliance in the recent past, there is still consideration
for an expansion?
There is no logic in this argument. Our country and world is wrought with greed,
and our entire planet is at risk of
purging humans as the parasitic species that it needs to eradicate in order for it
to return to homeostasis. The same
issues of greed and profit over conscience that plague our nation are the same
issues that apply to our local
situation. Greed and profit are the ONLY driving force behind this expansion. No
regard for the local community has
ever been given by the owner of this treatment facility, and not one single neighbor
has anything positive to say about
the trailer park. It is an eye sore in our lives, a thorn in our side, and salt in
the wound.
I personally have greater consequences to bear than many of my neighbors. I already
have plans made to build a custom
home on the existing property that i own. I can mildly tolerate the trailer park in
its current capacity, with exception to
the noise pollution from the pump. I will have to take expensive measures to
protect my property value and my family
from the nuisance of the park as it stands already. I will be building a wall as a
barrier to the Park. However, there is no
barrier to drug users and jobless residents, meth heads and the like, that can be
erected to protect us from what you
may impose upon us if a Section 8 housing complex is given priority over the rights
and wishes of the existing residents. I
have seen men walking up our street in the past that were obviously on meth or some
other disassociative substance. I
watched them carefully as they rolled around on the ground on the other side of the
road from my property in the
middle of the day. There are serious problems that already plague the rural
population here. Adding more density is
going to exponentially exacerbate the situation, making drugs easier to obtain,
making crime inevitable.
An expansion of the park is a serious risk to our community. As we see more
senseless gun violence and the number of
gun related deaths in our country, I can only wonder what greater risk will present
itself if you approve this expansion
Page 4

isty James comments - Fwd External North view Park Treatment Facility Public Hearing Follow-up.tx
and the owner proceeds with section 8 housing. This valley is tranquil and serene.
The trailer park and its upstanding
working residents will cause -much less social disturbance than a section 8 housing
complex. I know that the water
department is not legally responsible in considering the full extent of implications
of this situation.
This is where government fails us, as logic is compartmentalized and laws are
written in fragmented departments with
specific intent for loopholes in the law to exist. This is how greed and
selfishness win over good conscience and logical
deduction. Give the responsibility to the water department, but the bigger
implication is social in nature.
In my pointof view, this paradigm that allows greed and money to serve a small % of
the population at the expense of
the masses, is the root of the biggest problem that threatens the survival of our
species. we continue to allow the few
to take all the resources, and the restfend for whats left, and in the process we
destroy the planet. We have almost
reached the tipping point where 1% of the world's population controls over 50% of
the resources. The only inevitable
solution to this lack of balance is revolution/change in paradigm or demise of the
species or the planet. I don't see any
third option. It doesn't take a scientific study to know that our planet is
reaching the tipping point.
1 apologize for broadening this subject beyond our local issue, but your decision to
allow expansion of this treatment
facility is a microcosm of the issues that we face in the world at large. You have
a choice, and you can choose what's
right, just, ethical, and fair, or you can choose the same path of greed and
destruction that has penetrated and infected
the very fabric of human psychological integrity. 1 urge you to take a leap of
faith and think logically outside the
boundaries of your finite jurisdiction of water control to the issues that 1 have
presented. Would you allow your children
in the contaminated creek? would you like to have to pay for the removal of trash
that was tossed over the fence in
your yard? Do you want the police running through your property chasing drug
dealers and criminals? How would you
feel if you had to pick up condoms from your yard and explain to your children what
that is and why they are
there? What would you do if you saw men in front of your driveway that were so
"gone" on a disassociative substance
that they couldn't function, laid in the street, and had no idea where they were, in
broad daylight?
when one lives in an urban area, these occurrences are more normal and expected.
You simply have to deal with it
when you live in a densely populated area. We already have 10% of weaverville
living just over the hill, please don't
make 1t 20%. This is the country. This is nature and beauty. Just because this
guy already has a treatment facility does
not mean that this sort of development can't be put up somewhere closer to an urban
area. we've already got one big
bad neighbor, use your conscience and think about what you would do if you were in
our shoes. The decision is obvious,
is it not?
Thank you for listening.
Rusty James
828-280-7870
181 Martin Ford Rd, weaverville
Page 5

Print . htlps:/hnail.yahoo.cori'
Subject: Today's Public Hearing
From: Alexandra Kamenel ([e-mail])
To: [e-mail];
Date: Wednesday, November 15, 2017 1:09 PM
Hello,
l am trying to make the Public Hearing today, but in case I don't I wanted to email you what I would like
to contribute. I live at 20 Brownwood Est. and the trailers from the current mobile park are quite literally
in my back yard. The owner of this trailer park builds the homes very close together and as close to his
property boundary as possible. This has meant for me that one trailer is right on my property boundary
and very visible from my home (see attached pictures). This has without a doubt lowered my property
value, and l have in no way been compensated. 1 know the current park is not the issue at hand, but 1
think the way the owner of the current park has treated his neighbors is. There is a general lack of
respect, not only for boundaries with neighbors but between mobile homes.
Water quality concerns me greatly, as does water supply. We all share the same aquifer, and without a
municipal system guaranteeing water for everyone, 1 fear for shortages, as many densely packed trailer
parks experience. The treatment system for the current park has faced challenges and seems to already
be overburdened. The idea of doubling the number of trailers and water resources used in this area is
troubling at best. We can only assume more untreated sewage will get into the Flat Creek where the
current system discharges water. The water from this creek seeps directly into the aquifer from which 1 as
well as the mobile home park draws water for consumption. Essentially, even adding a few more trailers
is a bad idea.
Finally, on top of water pollution, trash has been a big issue with so many people living so close together
without a municipal waste system. Trash covers the lot on the corner of New Stock Road and Monticello
Road, an area where residents and tourist on their way to Hot Springs alike pass. There is a constant flow
of trash into my backyard as well.
There is an article from NPR on the subject of water quality and supply, trash, and other issues in a
overpopulated mobile home park in Idaho. (https://www.nps.orgi2016/12/26/502.5901611mobile
hunk: path-1>vth :rs--car►-spoil-an-atfordablc-american-dream) These parks do not only hurt neighbors and
towns, but the residents themselves. Does Weaverville want to be in the center the next NPR or
MountainExpress expose?
Sorry for contacting you so late in the game, but hopefully l will still make it to this hearing. If not, best
of luck and hopefully 1 provided some good information.
Sincerely,
Alexandra C Kamenel
Laboratory Technologist
I oft 11/15/20173:10 PM

ti
•
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J

To whom it may concern:
Ran eladbum
828-772-0447
62 martin ford road
Weaverville. nc 28787
I grew up on martin ford road in the early 60's, well before north view trailer park. We
knew our neighbors and they were all good people. Then in the 70's I went into the
military for 21 years and I returned home in 1997. I started working the family farm
again with my dad. I was more than a little shocked to see how things had changed.
By then North View Trailer park had been established and I was MORE than a little
irritated when my dad and I had to clean up 4- % ton truck loads of trash that had been
throw all over our land that adjoins north view. Fences were cut down or pushed over
and no trespassing signs were torn down or shot up.
When we cut hay the stench of the sewage treatment facility was almost always present
especially at the end of the field by the sheltons property line. There used to be fish and
lots of wild life in the stream. Now I do not see any. It is my understanding that North
View Trailer park has been fined a number of times for sewage leakage and other
problems. It is also my understanding that North View trailer park has been allowed to
get the fines lowered for some odd reason. My question is WHY??
This public hearing is to determine IF North View trailer park will be allowed to expand
it's sewage treatment facility from 33,000 gallons to 55,000 gallons. Let me understand
this correctly.... So since they cannot seem to nun a consistently clean operation with
their sewage treatment facility the state is seriously considering allowing them to increase
the amount of sewage that they are allowed to "treat"?
Has all common sense and normal intelligence been tossed out the window? If someone
shoots you with a pistol do you turn around and give them some dynamite so that they
can do it even better? Think about that for a moment.
Our water is important to our families, our animals and of course the wildlife. Why do we
want to take a chance on a system that seems to fail often? That seems MORE than a
little foolish to me. It would seem to border on incompetence or worse. These are
definitely NOT the neighbors I grew up with who cared about the land and absolutely
NOT the neighbors I would want to see increased.
If I have a vote , I would vote absolutely NO for the request to increase the amount f
sewage that north view trailer park is allowed to treat
The lives of the people/animals and our ecosystem is much to valuable to take a chance
the . .:: of North view trailer park.
l G.

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Richard Bradburn
1120 NW 84th Drive
Coral Springs, FL 33071
Cell: (954)-591-1754
August 16th 2017
To Whom It May Concern:
I am writing in regard to the proposed expansion of sewage treatment for the trailer park owned by
North View Mobile Park Home, located at Northview Park Rd, Weaverville, NC 28787.
The proposed trailer park expansion is directly across from my family's land, located at 60 Martin Ford
Road, Weaverville, NC 28787. This land has been in our family for many years and has been passed
down from generation to generation. I spent much of my childhood on this land. I have many fond
memories as a child exploring the surrounding forests, playing in the creek, picking wild raspberries on
the side of the road and smelling the honeysuckle in the mid -summer air. I grew up helping my parents
and grandparents with the gardens and animals and fields, always improving and never spoiling or
polluting the land. At night you could look up and see millions of stars in the sky. I have great memories
of sitting on the porch sipping iced tea and eating watermelon, looking out at all the beautiful trees,
flowers and wildlife, as far as you can see in every direction. I loved closing my eyes and hearing the
summer breeze over the trees and the soothing sounds of the birds, cicadas and crickets. 1 remember
having the freedom of being able to leave our car and house doors unlocked without worry.
The proposed trailer park sewage and park expansion threatens everything we hold dear to our heart
within this land and this community. Years ago North View Park tried dumping raw sewage onto its own
property on a hill adjacent and above our land, which would have seeped onto our land and into our
water supply and creek. This action shows they care nothing for their own or surrounding environment,
and causes sufficient doubt that they would do what is necessary to maintain and safeguard the
proposed expanded sewage treatment.
Not owning the land they live on, many a trailer park residents don't care about the upkeep and
appearance of their surrounding lands. Since the existing trailer park has been built, trash and pollution
of all kinds has been a non-stop battle. We work hard to keep our community beautiful and pristine, but
the trash, waste and chemicals thrown onto the roadsides and onto our lands now builds faster than it
can be cleaned. The smell of garbage and waste carried by the winds often dominates the once pleasant
honeysuckle smell. The soothing sounds of nature are drowned out by the sounds of hundreds of trailer
park residents, and now frequent police sirens echoing over the hills. We know that this community will
be polluted even further with the proposed expansion.
With the probable transient nature of the residents that would be moving in, I am also concerned about
the types of people living there and a possible increase in crime. Unfortunately, trailer parks aren't
always known for attracting quality neighbors. Crime has already risen since the original trailer park was
built. I worry about my family's personal safety and property with so many more unknown people
moving in.
Trailer parks have long been used by wealthy land developers who exploit and spoil beautiful lands to
turn a profit, while also exploiting lower income people who can't afford a home mortgage due to their
income being too low, not having the required down payment or having credit problems. Between their
lot rent and trailer mortgage, these lower income families end up paying as nearly much as they would

have for a decent site -built home. Each year, lot rents go up and the value of their trailer goes down.
They can't afford to move their trailer, so they pay the increased rent. After 15 years, they own a trailer
of little value and no land. The surrounding areas suffer. The park owners expand or buy another park.
No one benefits from the park --except the park owners.
There are many examples of trailer parks starting out nice enough, but just a few years later devolving
into an eye sore, damaging surrounding property values and desecrating the neighboring countryside.
North View Park is a prime example of this. A cursory look of North View Park's Google reviews show the -
even the park's own residents complaining of stray dogs running around, mobile homes stacked on top
of each other and drug dealers taking up residence next to families. We don't want these problems to
worsen to the point of no return. Unspoiled North Carolina land allows you to reflect on who you really
are and allows your inner life to grow. We love our land and our community. We don't want this area to
become a low -quality suburb where trailer parks are trying to pack as many people as possible into
every available space to turn a profit, at the cost of a destroyed surrounding community. Please stop
this park from further expansion.
Thank you,
Richard Bradburn

Environmental Senior Specialist - Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ - Division of Water Resources
828 296 4500 office
828 299 7043 fax
Email: linda.wiggsAncdenr gov
2090 U S Hwy 70
Swannanoa, N C 28778
Nez
'''Nothing Compares
From: Derrick Bailey[mailto:[e-mail]]
Sent: Thursday, August 17, 2017 11:55 AM
To: Wiggs, Linda <[e-mail]>
Subject: NV MHP Emory Email
Begin forwarded message:
From: Rebecca Emory <raemory[?gmail.com>
Subject: North View Mobile Home Park
Date: August 17, 2017 at 11:25:43 AM EDT
To: derrickrbaileygmail.com
Jonathan and Rebecca Fmory
960 Nev‘ Stock Road
Weavers ills, North Carolina 28787
August 17, 2017
North Carolina Department of En\ironmental Quality
2090 Li.S. l ligh«ay 70
Swannanoa, North Carolina 28778
Dear Reader:

We are writing you regarding the expansion of North View Mobile Home Park in Weaverville,
NC. To be direct, we do not support any increase in the number of housing units of any kind at
that location. For one, we are currently watching a large apartment complex be erected near
Monticello Road and US 25-70. This concerns us.because it will increase the population in this
area, and we do not support that as it will alter our quiet country setting, which we sought out
when purchasing our land and home some number of years ago. An increase of units at North
View Mobile Home Park would have the same result and we cannot support any increase in the
number of housing units there.
As the new apartment complex near Monticello Road and US 25-70 is an eyesore which
removed a feeling of being in nature, so would increasing the footprint of the property at North
View Mobile Home Park. North View Mobile Home Park is not maintained in an aesthetically
pleasing manner, and quite possibly is not manicured at all, as it's appearance would suggest. We
do not wish for our property value to have a negative impact because of neighboring eye -sores so
we wish for North View Mobile Home Park to remain as unobtrusive as possible. Therefore, we
do not support any expansion at North View Mobile Home Park.
Our stretch of New Stock Road is already used as a cut through by non-residents. Speed limits
are not observed. Noise levels are high from NC DOT dump trucks, privately owned dump
trucks, motorcycles, the strained sounds of passing mo-peds, and other motor vehicles that do not
operate silently. Trash is frequently tossed out of moving vehicles and found by us on our
property that borders New Stock Road. Shoes, cans, fast food waste, and glass have been
observed in the nearby horse pasture adjacent to a straight stretch of road where feisty motorists
are fond of increasing their speed for sport. Motor vehicles are frequently observed to be drifting
into the oncoming lanes due to our curvy roads that they are not paying attention to. Increasing
the number of units at North View Park will only increase the traffic frequency, noise, dangers
that we experience as residents of New Stock Road. We cannot support these changes and
therefore do not support any expansion at North View Mobile Home Park.
As mentioned, this is a country setting. We have wildlife all around us and our family enjoys
sharing our property with it. There are foxes, deer, bear, coyote, owls, hawks, wild birds, turkeys,
raccoons, opossum, and much more unseen wildlife. Expansion of North View Mobile Home
Park would no doubt remove habitat for these creatures and force them out of their homes. Our
family does not support the loss of habitat for our local wildlife and thus does not support
expansion at North View Mobile Home Park, which would have a negative impact on the
habitats of our wildlife.
There are many housing options in Buncombe County and the surrounding
counties. Considering that there is a new apartment complex being built at this time, potential
residents at North View Mobile Home Park should seek housing there or at currently existing
houses, apartments, and condominiums in the north Buncombe county area. The New Stock
Road, area and surrounding neighborhoods, are not capable of supporting the negative changes
that more units at North View Mobile Home Park would most certainly bring to our
neighborhood.
Further, we do not wish to support the growth of a housing location with suspicious activities. As

•41
a family with children, and on behalf of the law-abiding citizens we call our neighbors, we
cannot support the growth of North View Mobile Home Park.
We regret not being able to attend in person but Jonathan maintains full-time employment and
Rebecca did not believe it would be appropriate to attend with children. Please accept this letter
as our vote AGAINST any expansion at North View Mobile Home Park.
Sincerely,
Jonathan and Rebecca Emory

Martin Ford Road
Weaverville
Site of sewage
treatment discharge
Flat Creek
Northview Properties LLC
PIN 973301056620
Enclosed are photos of discharge into Flat Creek of fluids containing large amounts of
suspended solids creating a stark contrast between the clear waters of Flat Creek and
the discharge from the sewage treatment facility of Northview Properties LLC trailer
park.
I represent Carolina Lighthouse Ministries, the new owners of PIN 972302977787,
which is just north and across Flat Creek from the Northview property. I will soon
personally become an owner of the southern most portion of PIN 972302977787.
Please let me know if what you see in the photos would be considered normal operation
of the sewage treatment facility or if some action should be taken to prevent this type of
discharge in the future.
Looking forward to your reply,
John Hencken
PO Box 2540
Weaverville, NC 28787
[phone]

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Ronald Bradburn
4001 Hooch Landing
Duluth, GA 30097
Cell: (954)-600-6904
Email: [e-mail]
August 15' 2017
To Whom It May Concern:
I wanted to write a letter about the expansion of the sewage treatment for the trailer park development
that is being proposed by North View Mobile Park Home.
I was born in Asheville, NC, and lived the first part of my life growing up in Weaverville. I lived at 60
Martin Ford Road, right across from where the trailer park now stands.
When I was growing up, the land there was full of trees, and the night sky was full of stars. I remember
my childhood there and was lucky to have grown up on the farm.
Now, there is a threat to the environment in this beautiful area. The farms in this area are being
encroached upon by people's dogs, which harm the livestock. The area is being polluted by uncaring
people who dump their trash in the bends on the road. The crime rates have risen dramatically, and the
peaceful country side is now a place where you worry about who may try to break into your house at
night.
The trailer park has in the past had plans to dump raw sewage into the creek running through the
property in the area. This plan was stopped, and the trailer park was then forced to put in a treatment
facility.
That facility is now at capacity, and now they want to expand it. This expansion will undoubtedly lead to
more pollution of the beautiful country side. The current treatment facility causes odors.
The park has had issues. One such example was on June 20' 2016 when a Deputy had to shoot a dog in
the development during an argument between two neighbors are noted at the following local news
website:
htto://wlos.corn/news/local/deputy-shoots-dog-igniting-tension-between-neighbors-over-the-animal
Please, do not let this park install their expansion for their sewage treatment facility.
Regards,
Ron Bradburn

Tim/Shelton comments Fwd North View Mobile Home Park.txt
From: Derrick Bailey <[e-mail]>
Sent: Thursday, August 17, 2017 1:31 PM
To: wiggs, Linda
Cc: Young, Brianna A
Subject: Fwd: North view Mobile Home Park
Sent from my iPhone
Begin forwarded message:
From: Tim Shelton <[e-mail]>
Date: August 17, 2017 at 12:55:04 PM EDT
To: "[e-mail]" <[e-mail]>, Pat shelton
<[e-mail]>
Subject: North view Mobile Home Park
Dear Mr. Bailey,
Hello, my name is Tim Shelton, my families land joins the North view Mobile
Home Park. Over the years we have had multiple issues coming fromthe
park. For instance box springs being thrown in our hay field causing hundreds of
dollars in damage to our mower. Multiple drug issues resulting in a raid a few
years back. In fact an illegal alien was indicted in Federal Court earlier this
month for multiple charges.
The sewage treatment facility has produced several issues. One being the odor
that radiated from the plant. At times it would be so bad you couldn't sit outside
at night. We have in the past witnessed raw sewage being pumped into the stream
that runs down through our property. I remember talking with a gentleman years
ago that was inspecting installation of the project and he referred to a multitude
of
violations during installation. if i remember correctly his name was Larry
Angel.
Martin Ford Road can't handle the amount of traffic that would be produced from
the additional cars that would be put on the road. several years ago I was hit on
Martin Ford by another vehicle and it was written up,by NCHP as no fault due to
the road not being wide enough for two cars to pass. The road has to be re done
every other year due to the traffic we have now. The surface is not asphalt, it's
the
pee gravel tar mix. It would. always have issues.
Another concern of mine is a live on property that has been in my family for
about 70 yrs. I built a house that is tax valued close to $500,000 dollars what is
it
going to due to the resell value of my property.
Hope this gives you some insight as to what we have been dealing with for years
from this property.
Thanks,
Tim shelton
Page 1

Craig Oliver comments FW Re North view Mobile Home Park.txt
From: [e-mail]
Sent: Thursday,August 17, 2017 10:37 AM
To: Young, Brianna A
subject: FW: Re: North view Mobile Home Park
From: "Derrick Bailey"
To: "Craig Oliver"
Cc: "Rodney Bradburn", "Rhonda [Bradburn] Belinc"
Sent: 17-Aug-2017 12:52:01 +0000
Subject: Re: North View Mobile Home Park
Thank you, Craig.
On Aug 17, 2017, at 8:51 AM, Craig Oliver <[e-mail]> wrote:
Derrick,
I can't make todays meeting due to work, however, I too am opposed to expanding out
the
mobile home park. It is already too crowded there, traffic is already an issue on
New Stock Road
(where we live), primarily from people going 60 mph in a 35 zone (I've had people
pass me on a
solid line and I go at least the speed limit). The infrastructure is not set up for
that large an
increase, and the management there does not seem to manage the actual issues of that
meany
people living in that small a space.
We've already just added a large set of apartments nearby, and there are several
large
developments putting up houses all around us.
thanks,
Craig Oliver
Page 1

August 16, 2017
To whom it may concern,
I have many concerns about the sewage system expansion at North View trailer park and the impact it
will have on my family's everyday life.
I am concerned about an increase in traffic, crime, noise, and trash in the area if the expansion allows
the construction of the proposed 125+ homes.
1 am constantly picking up trash dumped by residents already.
The road is in a sharp curve and will make driving in the area more dangerous.
I think an increase in people will also overburden the septic system, especially in light of previous
citations for breaking water quality and pollution laws.
The construction will also remove so many trees, which are beneficial to the area in preventing erosion,
providing beauty, and providing homes for native wildlife.
Based on past violations and already overcrowded conditions, please do not allow the expansion of the
sewage system
Thank you for your consideration,
Becky Goodlake
20 Martin Ford Road
Weaverville, NC

RECEIVEDINCDEC DWR
MAY 2 5. 201?
Pe ng°=on
DATE: 05/ 18/ 17
TO: BRIANNA YOUNG.
COMPLIANCE AND EXPEDITED PERMITTING UNIT
FROM: JAMES RICE
REF; NPDES PERMIT NC0067342
DEAR BRIANNA YOUNG:
WITH THE EXCEPTION OF ON LINE FILING,IT IS MY BELIEF THE
PERMIT AS WRITTEN EXCEEDS THE REQUIREMENTS
SET BY THE FEDERAL GOVERNMENT.
IT IS MY UNDERSTANDING THAT AN ACT OF THE N.C. LEGISLATURE
HAS SPECIFICALLY LIMITED REQUIREMENTS TO NOT EXCEED
THE FEDERAL REQUIREMENT_
IN ADDITION,IT APPEARS THAT MY SETTLEMENT AGREEMENT
WITH THE DIVISION WAS NOT IN GOOD FAITH NOR TRANSPARENT.
REGARDS;
/144
JAMES RICE

LAW OFFICES
WATSON BAILEY CIOCHINA, L.L.P.
L Fr,AL AND MEDIATION SERVICES
♦
ORANGE STREET PROFESSIONAL PARK, THIRTY-TWO ORANGE STREET
ASHEVITIF, NORTH CAROLINA 28801
General & Litigation PH. [phone] • Domestic & Family PH. [phone]
Fax [phone]
DERRICK R. BAILEY Writer's Telephone: [phone]
Writer's Email: [e-mail]
May 18, 2017
Hp Email Only to jazimmerman(»ncdenr.gov & Brianna.Youngencdenr.em
Mr. Jay Zimmerman, Division Director
NC Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Brianna Young
Environmental Specialist
NC Division of Water Resources
NC Department of Environmental Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Permit: NPDES Permit NC0067342
Facility: North View Mobile Home Park
Address: State Road 1740
County: Buncombe
Operator: Jim Queen
Type: Private Wastewater Treatment Facility
Waterways: Flat Creek/Whittington Branch
Renewal: In Draft as of 04/19/2017
Dear Director Zimmerman and Ms. Young:
I am writing to request a public hearing regarding the draft permit notice of April
19, 2017. You may recall that I previously asked for a hearing in a letter dated March, 26
2015 and another letter dated August 17, 2016.
I represent Rodney Bradbum. The Bradburn family members own property
around the southern part of the North View Mobile Home Park property. The treatment

Letter to Mr. Jay Zimmerman, Division Director and
Ms. Brianna Young, Environmental Specialist
NC Division of water Resources
May 18, 2017
Page 2
`facility for the mobile home park is very close to part of the Bradburn property, and the
discharge runs into - I believe - Whittington Branch, or Flat Creek.
For many years there have been problems with odor and discharge, especially
near the facility and in Whittington Branch and Flat Creek. Part of Whittington Branch
runs beside Martin Ford Road and through the Bradburn land. I believe the problems
have now been well -documented by the Division.
I think that a public hearing is necessary for the neighboring landowners and
residents to have an opportunity to advise the Division about the deleterious effects of the
treatment facility odors and discharges upon them and their lands, as well as their
concerns about the effects of the addition of 170 more units.
Please let me know what additional documentation is required to make this
request.
With thanks and best regards, I remain
Very truly yours,
copy: Rodney Bradburn, via email only

Environmental Senior Specialist - Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ - Division of Water Resources
828 296 4500 office
828 299 7043 fax
Email Linda wiggst ncdenr goy
2090 U S Hwy 70
Swannanoa, N.0 28778
'Nothing Compares -
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From: Derrick Bailey(mailto:[e-mail]]
Sent: Thursday, August 17, 2017 12:00 PM
To: Wiggs, Linda <[e-mail]>
Subject: NV MHP Unknown Email
Begin forwarded message:
From: "caenglish" <[e-mail]>
Subject: North View MHP
Date: August 15, 2017 at 4:59:08 PM EDT
To: <derrickrbailey@gmail com>
We do NOT want this expansion in our area The traffic, noise and crime has already risen. I've noticed a
serious reduction in wildlife in the area and an increase in trash on the sides of our roads. Not all people
that move in to affordable housing are desirable neighbors. A lot of riff-raff comes along with it. We dont
need more people moving into this neighborhood! Crowded enough!!!! PLEASE stop it if you can
Sincerely,
M.M.P.

Comments received via e-mail 8/16/17 (see associated text file exported directly from e-mail)
Ms. Young:
I would like to add this information, for tomorrow's hearing.
Thank you very much.
Derrick R. Bailey
WATSON BAILEY CIOCHINA, LLP
Orange Street Professional Park
Thirty -Two Orange Street
Asheville, North Carolina 28801
Phone: [phone]
Fax: [phone]
CONFIDENTIALITY NOTICE: This message is intended only for the designated recipient or
recipients. It may contain confidential, proprietary and/or legally privileged information. Any
review, copying, printing, disclosure, distribution or reproduction by any other person is
strictly prohibited. No confidentiality or privilege is lost by any mistransmission. If you
receive this message in error, please immediately delete it and all copies of it from your system,
destroy all hard copies and notify the sender immediately by calling 828-257-2777.
IRS CIRCULAR 230 NOTICE: Anything in this email that is deemed to be tax advice or relates
to tax matters is not and was not intended or written by the practitioner to be used, and it cannot
be used, by any taxpayer for the purpose of avoiding penalties that may be imposed on the
taxpayer.
Derrick;
I live directly across the creek from Northview Mobil Home Park.
Based on past experiences I question whether or not they can truly be environmentally
responsible land owners.
Over the past 6 or 7 years I have repeatedly sent pictures of sludge discharges to Buncumbe
County. The sludge contaminates a section of about 50 to 100 feet of the creek on our
property line. Since they installed the new septic tanks I don't know if the sludge has stopped
or not. I share a 1400 foot common section of the creek adjacent to our bottom land pasture
with the Northview Mobil Park. Part of the mobile park was built on fill near the creek that if
done today would have clearly be violating creek side environmental practices and therefor my
property receives all the overflow from creek floodwaters when in fact some of the natural
floodwaters would have overflowed onto the Northview property.

Comments received via e-mail 8/16/17 (see associated text file exported directly from e-mail)
During their recent septic system upgrade I caught their contractors dumping the septic tank pit
evacuated dirt and rocks onto the creek bank which then forces more flood waters onto my
land (pictures included). The county acknowledged my concern and the contractors stopped
moving dirt and rocks to the creek but they did not remove the dirt and rocks they had already
placed there.
On a daily basis when their septic system pumps run they run so loudly that it drowns out any
peace and tranquility one would expect in a rural creek side setting. Clearly it reduces the value
of my property should I someday need to sell our farm.
I may or may not be able to attend the meeting as I have a prior engagement in the
morning. But I will do my best to try and make the meeting.
If I write a letter who and where should I address it to?
John
John & Abbie Hencken
15 Trinity Hills Drive
Weaverville, NC 28787
[phone]

Comments received via e-mail 8/ 16/ 17 (see associated text file exported directly from e-mail)

Comments received via e-mail 8/16/17 (see associated text file exported directly from e-mail)

Comments received via e-mail 8/16/17 (see associated text file exported directly from e-mail)

Chapman, Amy
From: Young, Brianna A
Sent: Friday, December 01, 2017 8:12 AM
To: Chapman, Amy
Subject: FW: [External] North View Mobile Home Park (Permit NC0067342)
Comments received yesterday evening before the deadline.
Brianna Young
Environmental Senior Specialist
Compliance and Expedited Permitting Unit
Division of Water Resources
Department of Environmental Quality
Office: 919-807-6333
Brianna. Youngancdenr.gov
Mailing address:
1617 Mail Service Center
Raleigh, NC 27699-1617
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties
From: Penny Briggs [mailto:[e-mail])
Sent: Thursday, November 30, 2017 8:35 PM
To: Young, Brianna A <[e-mail]>
Subject: [External) North View Mobile Home Park (Permit NC0067342)
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
[e-mail].
Ms. Young,
As a concerned neighbor, I respectfully ask that you deny the permit for North View Mobile Home Park.
Mr. Rice has habitually ignored the standards the State requires for the treatment and discharge of wastewater. He has had 126 violations
over the past 23 plus years. It is ridiculous that he has been able to maintain his permit at all.
My family lives less than a mile from North View Mobile Home Park and on certain days when I leave for work in the early morning,
especially if it is foggy, it smells like I am parked next to the local sewage treatment plant. Other times, I smell a strong odor of bleach.
I have friends who have lived in this area for over 30 years and it has not always smelled this way.
I again ask that you deny the permit for North View Mobile Home Park. Mr. Rice has shown an utter disregard for following the rules for
over 23 years. If he hasn't followed them for that long, he will not follow them in the future if he is approved for his permit renewal.
Thank you,
Penny Briggs
PO Box 1800
Weaverville, NC 28787-1800
1

Hi, my name is Rodney Bradburn and I own about 18 acres of property that boarders the North View
trailer Park in Weaverville North Carolina, 28787. I own about 5 acres on the N/W side of Martin -Ford
road and 13 across from the planned development along Whittington Branch. I have (2) springs that I
am concerned will be damaged with the planned development. 1 use the springs for my family and
livestock as well as the Whittington Branch for the rest of my watering needs.
I know that currently the impact of the "Flat Creek" stream is the topic and well it should be. I grew up
playing in the Flat -creek with my cousins. We swam in it, Fished in it, Crawfished in it, hunted along it
for buried treasure. Now 1 can tell you the only "treasure" that you will find in the Flat -Creek is
"Fecal -loaf' from the trailer park. I can smell the "flat creek" and thank god that l do not live a little
further downstream. I am ashamed of what the area has become since the approval to build the
Northview Trailer park under the supervision/ownership of Mr. Rice.
The huge number of violations (125) is an obvious sign that someone screwed up allowing this. Then to
compound the problems, someone KEPT screwing up buy not getting a judge to order the Northview
Trailer park to "shut down" until it fixed its problems. I most certainly is "criminal' what has been
allowed to happen. If I took a gallon of water from the Flat -Creek area where Whittington Branch meet
and gave that water to my dog, someone would call PETA or the police on me for cruelty to animals. If I
took that same gallon of water and gave it to,my kids, someone would call Child Protective Services. If I
took that same gallon of water and gave it to Mr. Rice to drink, I would be charged with attempting to
poison. But MR. Rice can poison 100's or even 1000's and it's allowed by law and approved by the
North Carolina Water Board??? If you poison 1 person you go to prison for it — but he is poisoning a
community and its' wildlife and asking to do more of it, and that is what you are being seriously asked to
considered?
I am not sure if the impact of the "Aquafer/springs/water table" is under your protection/ jurisdiction
or, if you can forward this to the section of government that is responsible for the impact this planned
development would cause. I understand that the increase of 100-175 units in that area would be a
drastic increase in a variety of ways that would affect my property and livelihood.
1. Water runoff: when it currently rains, causes oil, mud and trash to flow down into my fields
and the stream that runs through my property around (20 martin ford).
2. Dirty and smelly water with an "oil Sheen"
3. Red clay mud washes across my hills creating ruts, soil erosion. The mud goes into the fields and
floods my hay fields causing them to die
4. The water that runs off and turns my fields into a swamp where nothing grows except
mosquitoes.
In addition, I can attest to the huge amount of trash that blows around the area. I know that we have
hauled off (4) truckloads of trash that has been thrown over the barbed-wire fence that divides my
property line from the trailer park. I know that this is a danger to both people and my animals since it is
everything from "needles" and condoms to plastic bags, baby diapers to tires and steel rims. I believe
that the inadequate supply of trash bins in the trailer park causes this problem.

I could complain about the Noise at all hours, crime increase, MS-13 gang members that are known to
be in the trailer, drug sales and numerous other issues but that is not what this letter is about.
It is the numerous water fines and fees. There is evidence of intentional cheating during testing since
the start of the trailer park that has been allowed to the point of the guy losing his license who does the
testing. Not testing on Monday's a Fridays because of the higher volume is crazy.
The owner/Rice is a bad neighbor. He allows a variety of issues to continue and all he does is "collect
the money" and damn the rest of us. My grandparents owned the property that RICE bought and it
used to be beautiful fields for corn and hay. Now it's a "slum lord" trailer park and it's a blight to the
rest of us.
Please do "something' about this.
Thank you,
Rodney Bradburn
60/50/20 martin -ford road
Weaverville NC, 28787
734-775-1871

November 30 2017
To Whom It May Concern,
I am writing to express my concern over your department's consideration of giving North View
Trailer Park a permit to add an additional multitude of units onto the current water processing plant
that is currently in place. First, I am appalled that this is even a consideration given the number of failed
water samples taken over several years from this facility. During the public meeting a few weeks ago, a
several statements stuck in my mind that I would like to address.
It was made very clear at the beginning of the meeting that the purpose of the meeting was to
hear of concerns only of the water treatment facility. Then we were given the laws that the EPA are
bound to when It comes to protection of private citizens and the environment. The law in short reads
one must leave or maintain the quality of water in the same or better shape than after they are issued a
permit. Facts are that the owners of North View Trailer Park have not abided by the terms of the permit
that they currently have in place. This was proven by the years of documented failed test coming from
this facility.
Additionally, it is alarming that the certified inspector that North View employee's has had their
license revoked but is allowed to still test while their appeal is being heard. 1 am aware during this time
the EPA is testing once per week to ensure the treatment plant is working correctly. This also concerns
me given the fact that it is the department that has allowed the years of abuse to our waterway to take
place. The EPA knows this has been going on for years and has done nothing to protect us. We have
had enough. I have had enough.
Another statement, which made during the meeting, was that this was also a business that had
to be considered. The EPA needs to remember they are to access the water issues only. Given that the
trailer park is a business should not be of concern for the EPA. They should be considering another
alternative to the water treatment facility. We all know they have other options other than the current
way they are currently disposing of the waste from North View.
My.families land is first in line receiving the polluted discharge coming from this facility. Over
the years we have been patient and have put up with a lot from North View. My parents at the time did
not have AC in their home, but they could not open their windows due to the horrific smell from the
facility. In addition, from time to time the motor would go down where we have witnessed them
pumping raw sewage out into the water. This was reported to the EPA, but still nothing was done.
In closing, it was stated at the recent meeting that the EPA has a moral obligation to protect our
waterway. I disagree with that statement; however the EPA does have a legal obligation to protect the

water. From this point forward, take notice we are going to hold those people and/or organizations
accountable in protecting our environment and our citizens.
Sincerely,
Tim Shelton

Chapman, Amy
From: Young, Brianna A
Sent: Thursday, November 30, 2017 10:17 AM
To: Chapman, Amy
Subject: FW: [External] Water Pollution from North View Trailer Park on New Stock Road
Attachments: NorthView Trailer Park Letter.pdf
Additional comments.
Brianna Young
Environmental Senior Specialist
Compliance and Expedited Permitting Unit
Division of Water Resources
Department of Environmental Quality
Office. 919-807-6333
Brianna Young c(�7ncdenr gov
Mailing address:
1617 Mail Service Center
Raleigh, NC 27699-1617
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.
From: [e-mail] [mailto:[e-mail]]
Sent: Thursday, November 30, 2017 9:55 AM
To: Young, Brianna A <[e-mail]>
Subject: Re: [External] Water Pollution from North View Trailer Park on New Stock Road
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
report.spamPnc.eov.
Here it is attached., and below
1

28 November 2017
To whom it may concern:
The Department of North Carolina Natural Resources is considering renewing and expanding its 5 year permit to North
View Trailer Park on New Stock Road in Weaverville, NC.
The Department has had two hearings on the subject of Water pollution from the North View Trailer Park. The damage is
significant, as the DNR people have stated that Flat Creek will take 1 to 2 years to recover if the Trailer Park stops it water
pollution, ie, human feces, toilet paper into the creek
The trailer park has a long history of not obeying the Department of Natural Resources since its inception 1992. It has had
more than 125 single violations during this period!
The Department of Natural Resources has stated that it would like to give the new permit to the North View Trailer Park,
which it says is more restrictive. However the trailer park's history has shown a blatant lack of regard in following the rules
Additional history has shown that the parks own sewage treatment person, trained by the state was fired; and a new
person, again trained by the state, failed by letting water pollution into the creek, and the state recommended retraining
which was to be started in Late July or August. It's just not water that's affected by the sewage treatment plant, its also the
raw sewage smell which extends for a mile which we smell. The noise from their pump and fan is exceedingly loud . There
is also garbage washed down from the trailer park which includes used condoms, needles, toilet paper, human feces,
glass bottles, can, basketballs, etc. This all washes down to Flat Creek, and then into the French Broad river.
The owner of the North View Trailer Park also has plans to build up to 150 apartments onto the property, which would
include an immense increase in sewage and waste water, which has been beyond his capability to handle safely at the
present time.
During the 15 October 2017 hearing at North Buncombe High School, approximately 40 people attended the meeting and
about 15 spoke in opposition of the trailer parks water treatment plant and the damage to the creek and surrounding area.
The representative for the department of Natural Resources stated that the audio and any emails written would be given
to the person, in Raleigh, who would decide if the permit would be renewed and expanded At that 15 October meeting
the trailer park owner attended and was overheard to say the meeting didn't matter because the permit would be
approved. He didn't speak at the hearing and before it ended
Our family has farmed on Martin Ford Road for close to 100 years. We have tried to be good neighbors, and good
stewards of the land. We grew up fishing, swimming and playing in that creek. Now it is in a terrible condition, and we can
no longer use it at all. We are worried about the water conditions and what the contaminated creek is doing to the wildlife,
humans and the water table. And we worry if our children and grandchildren will be able to live on the farm without
threatening their health We are hoping someone is in a position to help stop this blatant disregard for the natural beauty
(and the regulations protecting it) that is so much a part of the North Carolina that we love.
Rex, Tammy, Rachel and Ross Bradbum
Original Message
From: Young, Brianna A <Brianna.Youngancdenr.gov>
To: rbrad99550 <rbrad99550cc aol.com>
Sent: Thu, Nov 30, 2017 9:25 am
Subject: RE: [External] Water Pollution from North View Trailer Park on New Stock Road
Good morning Mr. Bradburn,
Thank you for submitting comments. Unfortunately, I was unable to open the PDF attached to your e-mail. Could you
please try resend it?
Regards,
Brianna Young
Environmental Senior Specialist
2

Chapman, Amy
From: Young, Brianna A
Sent: Thursday, November 30, 2017 9:35 AM
To: Chapman, Amy
Subject: FW: [External] Comments regarding Waste Water Discharge Permit #NC0067342
Attachments: Rhonda Belinc Letter to NC DEQ Nov 29 2017.pdf; Water Tower 2 - Nov 29 2017.JPG;
Water Tower 1 - Nov 29 2017.JPG
Additional comments received.
Brianna Young
Environmental Senior Specialist
Compliance and Expedited Permitting Unit
Division of Water Resources
Department of Environmental Quality
Office: 919-807-6333
Brianna. Young(c�ncdenr.gov
Mailing address:
1617 Mail Service Center
Raleigh, NC 27699-1617
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.
From: [e-mail] [mailto:[e-mail]]
Sent: Wednesday, November 29, 2017 8:46 PM
To: Young, Brianna A <[e-mail]>
Subject: [External] Comments regarding Waste Water Discharge Permit #NC0067342
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
report.spamc nc.Rov.
Hi Brianna,
Please include the attached in submissions for this permit request.
I am hoping that you are getting a lot of input from folks. Is there a way that I can find out how many additional
comments/letters were submitted for consideration?
Thanks,
Rhonda Belinc
1

November 29, 2017
To: NC Department of Environmental Quality
Re: Waste Water Discharge Permit #NC0067342
I'm writing to you today to ask you to please deny the Waste Water Discharge Permit #NC 0067342
I was at the public hearing on November 15, 2017 but did not speak. I agree with all the complaints of
the residents who did speak - the North View Mobile Home Park owner is a very bad neighbor who has
no respect for others around him. From what I was told by John Hennessey, the November 15th Public
Hearing was the highest attended one that he had ever seen - and 1 understand he has been with the
Department for a long time. People are VERY concerned about the pollution from this Park and the
horrible effect it has had on the community! We do not understand how a single person can be given
permission to decimate the local environment and then be rewarded by permitting him to continue
and to increase his impact on the surrounding area.
1 own the property between 60 and 62 Martin Ford Road. This property is our family heritage. My
family have been farmers in NC for hundreds of years and are what was called "dirt poor" because the
dirt (land) was the only real thing of value we owned. This land is everything to us and it is all we have
of my parents now that they have passed.
In reviewing the Monitoring Violations Report for this Park it is startling to see think that this permit is
being seriously considered when there are more than 125 violations with many of those being in the
last 18 months - including coliform and fecal content 200% OVER the legal limit along with numerous
violations for excessive volumes of solids, nitrogen, ammonia, chlorine and more. Why is the permit
renewal or expansion even being considered for approval when they are constantly breaking the law
and violating the community? In a prior meeting at the NC DEQ office in August we were told that the
Park employed 'representative' that did the 'self -monitoring' was not correctly capturing the samples -
including not testing on Mondays because the volume was 'so high'! And the Park's representative is
now being 'retrained'. This park's plan to expand will mean even more devastation for the local
environment.
Even the local news has started to pick up on this - http://wlos.com/news/local/planned-trailer-park-
expansion-raises-pollution-concerns
Additionally, a neighbor sent the attached pictures with water overflowing from the Park's tank on
November 29 2017. This is not the first instance of this overflowing - and it has gone on for weeks in
the past.
In a NY Times story published in May of 2012 (link below) about "Toxic Waters, A series about the
worsening pollution in American waters and regulators' response" the park was listed as a violator:
https://www. nytimes.com/interactive/proiects/toxic-waterslcontaminantslnc/buncombe/nc0111151-
northview-mhp/index.html
More recently, according to Environmental Working Group's site (link below) the Park was:
In violation of monitoring for contaminants or reporting monitoring tests to state agencies as
required by the Safe Drinking Water Act from January to March 2017

In violation of a requirement of the Safe Drinking Water Act such as issuing annual consumer
confidence reports or maintaining required records from January to March 2017
In violation of any federal drinking water standard from April 2014 to March 2017 for 12
Quarters.
Source - https://www.ewg.oroitapwater/system.php?pws=NC0111151fl.Wh84yGhSxPZ
I beg you NOT to REWARD the poor performance and the complete disregard for other people's
property that has been shown by this Park owner. Instead I ask that you increase the monitoring and
enforcement for this Park to follow the law.
Thank you for your time and consideration.
Rhonda Belinc
[e-mail]

Chapman, Amy
From: Young, Brianna A
Sent: Thursday, November 30, 2017 9:31 AM
To: Chapman, Amy
Subject: FW: [External] North View Mobile Home Park - Permit NC0067342 (email 2 of 2)
Attachments: NVMHP permit protest letter.pdf; Violations NC00673421994-2017.pdf
Additional comments received.
Brianna Young
Environmental Senior Specialist
Compliance and Expedited Permitting Unit
Division of Water Resources
Department of Environmental Quality
Office: 919-807-6333
Brianna.Young(a�ncdenr gov
Mailing address:
1617 Mail Service Center
Raleigh, NC 27699-1617
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties
From: Steven Briggs [mailto:[e-mail]]
Sent: Wednesday, November 29, 2017 9:56 PM
To: Young, Brianna A <[e-mail]>
Subject: [External] North View Mobile Home Park - Permit NC0067342 (email 2 of 2)
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
reppjt, pamPnc.gov.
Brianna,
Please reply to let me know you have received this email with the two PDF attachments.
The first attachment, a letter with the name starting "NVMHP", is self-explanatory.
The second attachment, a report with the name starting "Violations", is referenced in the above letter.
Thank you for your time,
Steven Briggs
"Timendi causa est nescire"
"The thing about quotes on the Internet is you can not confirm their validity."
- Abraham Lincoln
1

Steven Briggs
PO Box 1800
Weaverville, NC 28787-1800
ssbriggs0gmail.com
1062 New Stock Road
November 29, 2017
NC Department of Environmental Quality
Wastewater Permitting
Attn: Brianna Young
Brianna.YoungOncdenr.gov
1617 Mail Service Center
Raleigh, NC, 27699-1617
Reference: Permit: NC0067342
Permittee: Eaven Brice Partnership
Facility: North View Mobile Home Park
Ms. Young,
The NCDEQ's Mission Statement, from its website, states "To protect, enhance
and manage North Carolina's surface water and groundwater resources for the
health and welfare of the citizens of North Carolina, and the economic well-
being of the state." Part of this mission is to vet applicants who wish to
release treated wastewater back to the waters of the State of North
Carolina. Those applicants properly vetted and approved are issued a permit
and allowed to discharge treated wastewater into the State's streams and
rivers. Part of the ongoing permit process requires periodic inspections
and testing.
A report (PDF attached) covering from 01/1980 to 12/2017 for the above
referenced permit number shows 126 violations. The first violation, date -
wise, was for 03/1994. The last violation, date -wise, was 08/2017. In this
timeframe, there were 282 months. Averaged out, that is one violation for
every two months over 23-1/2 years!
What this shows is the permittee, Eaven Brice Partnership, is not a good
steward of our State's natural resources. When the rules and regulations of
the State are not followed the water quality suffers. This is seen by
wildlife being killed by the waste or displaced, from the smallest water
insects and minnows to birds and larger mammals such as opossums, raccoons,
and deer. The animals are smart enough to stay away from water that smells
Page 1 of 2

Permit: NC0067342
Permittee: Eaven Brice Partnership
Facility: North View Mobile Home Park
11/29/2017
and/or tastes bad. Water birds, such as blue heron, used to be seen quite
frequently in Flat Creek. The neighbors around the North View Mobile Home
Park (NVMHP) have not seen blue heron in Flat Creek in many years now.
I live about a half mile east and up the hill from the NVMHP. When the wind
is just right, I can smell the stench from the wastewater discharge into
Flat Creek. The neighbors who are closer report smelling this foul odor on
an almost constant basis.
Flat Creek flows into the French Broad River. The French Broad is used for
fishing, kayaking, and other recreational uses. It is a disservice to the
public to allow someone to discharge improperly treated wastewater into the
French Broad when there is the possibility of them getting sick from
accidentally ingesting polluted water.
Besides polluting tributary water with improperly treated wastewater, the
lack of proper trash removal at the NVMHP contributes to pollution of the
Flat Creek as well. Neighbors have reported all sizes and sorts of trash
being thrown into the Flat Creek from the NVMHP. The permittee has been
notified on multiple occasions when this has happened and refuses to remove
the trash from the creek and the creek banks.
The permittee has shown little regard for the rules and regulations that
should be followed in accordance with his permit. Permittee does the least
possible to get by which has resulted in 126 violations in 23-1/2 years.
From behavior over the last 23-1/2 years, it appears permittee would do
nothing if not for the fact that there are periodic inspections.
Because of this terrible track record as a steward of our natural resources,
I request that permittee's application for the renewal of the above
referenced permit be denied. If the permit cannot be denied outright, I
would then ask that the permit be modified to reduce current allowed mobile
home units thereby reducing the allowed wastewater discharge since permittee
has shown the inability to properly maintain the treatment process equipment
and treat the wastewater properly before it is discharged into Flat Creek.
Respectfully yours,
S. Steven Briggs
Page 2 of 2

Chapman, Amy
From: Young, Brianna A
Sent: Thursday, November 30, 2017 9:29 AM
To: Chapman, Amy
Subject: FW: [External] North View Mobile Home Park
Additional comments received.
Brianna Young
Environmental Senior Specialist
Compliance and Expedited Permitting Unit
Division of Water Resources
Department of Environmental Quality
Office: 919-807-6333
Brianna. Younq(ncdenr.gov
Mailing address:
1617 Mail Service Center
Raleigh, NC 27699-1617
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties
From: renee fortner [mailto:[e-mail]]
Sent: Wednesday, November 29, 2017 5:02 PM
To: Young, Brianna A <[e-mail]>
Subject: [External] North View Mobile Home Park
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
[e-mail].
Brianna,
I am writing in regards to the NPDES permit renewal for North View Mobile Home Park. Several of the nearby
landowners have contacted us regarding the poor water quality in that section of Flat Creek. I also understand the
permit holder has been issued numerous water quality violations in the past related to their wastewater treatment
facility. As advocates of clean water, our hope is that special consideration will be given to this NPDES permit renewal
request given the outcry from nearby residents and past history of violations. If the permit is renewed, our request is
that Eaven Brice Partnership will be held under close scrutiny to ensure their wastewater treatment facility is no longer
polluting Flat Creek and they will be held responsible in some way for improving the current condition of the stream.
Thanks,
Renee Fortner
Watershed Resources Manager, RiverLink
[phone] x 1
1

Chapman, Amy
From: Young, Brianna A
Sent: Thursday, November 30, 2017 9:28 AM
To: Chapman, Amy
Subject: FW: [External] North View Mobile Home Park
Additional comments received.
Brianna Young
Environmental Senior Specialist
Compliance and Expedited Permitting Unit
Division of Water Resources
Department of Environmental Quality
Office 919-807-6333
Brianna Young(ancdenr gov
Mailing address
1617 Mail Service Center
Raleigh. NC 27699-1617
Email correspondence to and from this address is subject to the North Carolina Public Records Laur and may be disclosed
to third parties.
From: Howard Borland [mailto:[e-mail]]
Sent: Wednesday, November 29, 2017 10:20 AM
To: Young, Brianna A <[e-mail]>
Cc: Davidson, Landon <[e-mail]>
Subject: [External] North View Mobile Home Park
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
report.spamc nc.gov.
Goodmorning!
Just sending you some pictures of the overflowing water tower for North View. This is not uncommon to see this happen. As the
water flows out from the top of the tower the stream of water meanders and runs down the driveway of Brownwood Est. Housing
development. This tower has been overflowing since yesterday early afternoon. That is a lot of wasted water. Nothing ever gets
fixed correctly with this park. Just like the many violations with the wastewater treatment facility for this Mobile Horne Park.
Valerie Borland
1

2

6

4

LIMITED LIABILITY COMPANY ANNUAL REPO
NAME OF LIMITED LABILITY COMPANY:
Flat Creek Utilities, LLC
SECRETARY OF STATE ID NUMBER: 0896783 STATE OF FORMATION: NC
REPORT FOR THE YEAR:
2017
SECTION A: REGISTERED AGENT'S INFORMATION
1. NAME OF REGISTERED AGENT: James Rice
SOSID: 0896783
Date Filed: 5/15/2017 11:59:00 PM
Elaine F. Marshall
North Carolina Secretary of State
CA2017 135 00043
Filing Office Use Only
nChanges
2. SIGNATURE OF THE NEW REGISTERED AGENT:
3. REGISTERED OFFICE STREET ADDRESS & COUNTY
329 Emma Road
Asheville, NC 28806 Buncombe
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
4. REGISTERED OFFICE MAILING ADDRESS
329 Emma Road
Asheville, NC 28806 Buncombe
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Water & Sewer utility contractor
2. PRINCIPAL OFFICE PHONE NUMBER: [phone]
4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY
329 Emma Road
Asheville, NC 28806 Buncombe
3. PRINCIPAL OFFICE EMA
Privacy Redaction
5. PRINCIPAL OFFICE MAILING ADDRESS
329 Emma Road
Asheville, NC 28806 Buncombe
SECTION C: COMPANY OFFICIALS (Enter additional Company Officials in Section E.)
NAME: James S Rice NAME:
TITLE: Manager
ADDRESS:
4752 Big Laurel Rd
Marshall, NC 28753 Madison
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:
SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business anti
SIGNATURE
must be signed by a Company Official listed
must signed Company Offaal listed under Section C of this form.
Print or Type Name of Company Official
y.
DATE
Print or Type itle of the Company Official
SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF $200
MAIL TO: Secretary of State, Corporations Division, Post Office Box 29525, Raleigh, NC 27626-0525

C200703600509
• •
ARTICLES OF ORGANIZATION
of
FLAT CREEK UTILITIES, LLC
SOSID: 896783
Date Filed: 2/6/2007 8:05:00 AM
Elaine F. Marshall
North Carolina Secretary of State
C200703600509
Pursuant to § 57C-2-20 of the General Statutes of North Carolina, the undersigned hereby
submits these Articles of Organization for the purpose of forming a limited liability company.
ARTICLE I
The name of the limited liability company is: Flat Creek Utilities, LLC
ARTICLE II
The duration of this limited liability company shall be perpetual.
ARTICLE III
The purpose for which the limited liability company is organized is to engage in any
lawful act or activity for which limited liability companies may be organized.
ARTICLE IV
The name, address, and title of each person executing these articles of organization is as
follows: James Rice, Organizer, 329 Emma Road, Asheville, NC 28806.
ARTICLE V
The mailing address, street address, and the county of the initial registered office of the
limited liability company is: 329 Emma Road, Asheville, NC 28806, Buncombe County, and
the name of its initial registered agent at such address is James Rice.
ARTICLE VI
The limited liability company has a principal office, and the mailing address, street
address and county of the principal office of the limited liability company is: 329 Emma Road,
Asheville, NC 28806, Buncombe County.
ARTICLE VII
All members by virtue of their status as members shall be managers of this limited
liability company.

C200703600509
•
•
ARTICLE VIII
These articles shall become effective upon filing.
This the 2nd day of February, 2007.
62727)4,43 lq....,4,e..--e—
es Rice, Organizer

CITIZETJME S
PUBLIC NOTICE
i N.C. DEPARTMENT OF ENVIRONMENTAL
QUALITY ITENTSUE NPDES
WAS EWATER D SCOHARGE PERMIT
#NC0067342
permit
comment or objection to the draft
ments received
byrNo ember s 30, 0d. 17�will be considered
in the final determination regarding per-
mit issuance and permit provisions.
PERMIT APPLICATION
Eaven Brice Partnership has applied for an
NPDES permit renewal for North View
MobilePark, Home
Road,View Park WeverilNCBuncombe County,
discharge wastewater to Flat Creek in the
French Broad River Basin. A copy of the
draft wastewater permit is available upon
request by contacting Brianna Young of
the Division of Water Resources at 919-
807-6333, or by e-mail at: Brianna.Young
@ncdenr.gov.pA copy of the draft waste-
water ov597562%�Patge1 ass ap xsearchid=effnline at ledc0
0816-45f7-92ad-d25ccd8d6b3e. Printed
copies of the draft permit and related
documents may be reviewed at the de-
partment's Asheville Regional Office. To
make an appointment to review the docu-
ments, please call 828-296-4500.Pp
should bemmailed tonal Wastewater Permit-
ting,
Attn: Brianna Young, 1617 Mail Serv-
ice Center, Raleigh, NC, 27699-1617
Puublic comments may alsobesubmitted
bPlease be sure email to: to include "North View Mo-
bile Home Park" in the email's subject
line.
PUBLIC HEARING
The N.C. Department of Environmental
Quality will hold a public hearing to ac-
draft t eicomments 6:30 pm Wednesday, the aforementioned No-
vember
15, 2017 at North Buncombe High
School, 890 Clarks Chapel Road, Weaver-
ville, NC. Speaker registration begins at 6
'October 11, 2017
000243185
PART OFTHE USA TODAY NETWORK
AFFIDAVIT OF PUBLICATION
BUNCOMBE COUNTY
SS.
NORTH CAROLINA
Before the undersigned,a Notary Public of said County and State, duly
commissioned, qualified and authorized by law to administer oaths,
personally appeared Kelly Loveland, who, being first duly sworn, deposes
and says: that she is the Legal Clerk of The Asheville Citizen -Times,
engaged in publication of a newspaper known as The Asheville
Citizen -Times, published, issued, and entered as first class mail in the City
of Asheville, in said County and State; that she is authorized to make this
affidavit and sworn statement; that the notice or other legal advertisement, a
true copy of which is attached here to, was published in The Asheville
Citizen -Times on the following date(s) 10/11/17. And that the said
newspaper in which said notice, paper, document or legal advertisement
was published was, at the time of each and every publication, a newspaper
meeting all of the requirements and qualifications of Section 1-597 of the
General Statues of North Carolina and was a qualified newspaper within the
meaning of Section 1-597 of the General Statutes of North Carolina.
Signed this 11th of October 2017,
(Signature of . rson making a vit)
Sworn to . rid subscribed before the 11 th of October 2017
(Notary Public)
My Commissio expires the 5th day of October, 2018
[phone] I [phone] FAX
14 O. HENRY AVE. 1 P.O. BOX 2090 I ASHEVILLE, NC 28802 I [phone]
\\`\\`six �+0 YIE „/ //
k, Notary Public •�r..;
Y Buncombe -<
County
My Comm Exp.
1/40/011l ++++0\

CJTJZE)TJME S
Public Notice
North Carolina Environmental Manage-
ment Commission/NPDES Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Notice of Intent to Issue a NPDES Waste-
water Permit
The North Carolina Environmental Man-
agement Commission proposes to issue a
NPDES wastewater discharge permit to
1 the person(s) listed below. Written com-
ments regarding the proposed permit will
be accepted until 30 days after the publish
date of this notice. The Director of the NC.
Division of Water Resources (DWR) may
hold a public hearing should there be a
significant degree of public interest.
Please mail comments and/or information
requests to DWR at the above address. In-
terested persons may visit the DWR at 512
N. Salisbury Street, Raleigh, NC to review
information on file. Additional informa-
tion on NPDES permits and this notice
may be found on our website: http✓/deq.n
c.gov/about/divisions/water-
resources/water-resources-
permits/wastewater-branch/npdes-
wastewater/public-notices,or by calling
[phone].
Northview Mobile Home Park requested
permit renewal of permit NC0067342 for
Northview MHP WWTP in Buncombe
edCounty;
domestic this wastewaters to Flat Cree is ek an
the French Broad River Basin.
Ap08ri5917)l 21, 2017
(2
PART OF THE USA TODAY NETWORK
AFFIDAVIT OF PUBLICATION
BUNCOMBE COUNTY
SS.
NORTH CAROLINA
Before the undersigned,a Notary Public of said County and State, duly
commissioned, qualified and authorized by law to administer oaths,
personally appeared Kelly Loveland, who, being first duly sworn, deposes
and says: that she is the Legal Clerk of The Asheville Citizen -Times,
engaged in publication of a newspaper known as The Asheville
Citizen -Times, published, issued, and entered as first class mail in the City
of Asheville, in said County and State; that she is authorized to make this
affidavit and sworn statement; that the notice or other legal advertisement, a
true copy of which is attached here to, was published in The Asheville
Citizen -Times on the following date(s) 04/21/17. And that the said
newspaper in which said notice, paper, document or legal advertisement
was published was, at the time of each and every publication, a newspaper
meeting all of the requirements and qualifications of Section 1-597 of the
General Statues of North Carolina and was a qualified newspaper within the
meaning of Section 1-597 of the General Statutes of North Carolina.
(Signature o person makinidavit)
Sworn to and subscribed before the 21 st of April, 2017
(Notary Put lic)
My Commssion expires the 5th day of October, 2018
Signed this 21st of April, 2017 ,
[phone] I [phone] FAX
14 O. HENRY AVE. I P.O. BOX 2090 I ASHEVILLE, NC 28802 I [phone]
\o\i, tillflr�/����
�- Notary Public 'A
42 Buncombe '.4.
County
My Comm, Exp.
1%, 1, /0- '"3-- - 15"-_,T,
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SUBCHAPTER 2H - PROCEDURES FOR PERMITS: APPROVALS SECTION
.0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS
15A NCAC 02H .0111 MEETINGS AND HEARINGS
(a) Public Meetings:
(1) The Director shall provide an opportunity for the applicant, any affected state, any affected
interstate agency, the regional administrator, or any interested agency, person, or group of
persons to request or petition for a public meeting with respect to NPDES permit applications.
Any person who desires a public meeting on any NPDES permit application shall so request in
writing to the Director within 30 days following the publication date of the notice of application.
Any such request or petition for public meeting shall indicate the interest of the party filing such
request and the reasons why a meeting is warranted.
(2) The Director is delegated authority to determine if a public meeting shall be held in
accordance with G.S. 143-215.1(c)(3) and to issue public notice and conduct such meeting for
the Commission.
(3) All comments received within 30 days following the publication date of the notice of NPDES
permit application shall be made part of the application file and shall be considered by the
Director prior to taking final action on the application.
(4) Any meeting brought pursuant to this Subsection shall be held in the geographical area of
the proposed discharge or other appropriate area, in the discretion of the Director, and may, as
appropriate, consider related groups of permit applications.
(b) Adjudicatory Hearings and appeals shall be conducted in accordance with Article 3 of Chapter 150E
of the General Statutes.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.1(c)(1); 143-215.3(a)(3); 143-215.3(a)(4); 143-
215.5; 143-215.1(e); Eff. February 1, 1976; Amended Eff. March 1, 1993; November 1, 1987
G.S. 143-215.1 Control of sources of water pollution; permits required
(c) Applications for Permits and Renewals for Facilities Discharging to the Surface Waters.
(3) If any person desires a public hearing on any application for permit or renewal of an existing
permit provided for in this subsection, he shall so request in writing to the Commission within
30 days following date of the notice of intent. The Commission shall consider all such requests
for hearing, and if the Commission determines that there is a significant public interest in
holding such hearing, at least 30 days' notice of such hearing shall be given to all persons to
whom notice of intent was sent and to any other person requesting notice. At least 30 days
prior to the date of hearing, the Commission shall also cause a copy of the notice thereof to be
published at least one time in a newspaper having general circulation in such county. In any
county in which there is more than one newspaper having general circulation in that county, the
Commission shall cause a copy of such notice to be published in as many newspapers having

general circulation in the county as the Commission in its discretion determines may be
necessary to assure that such notice is generally available throughout the county. The
Commission shall prescribe the form and content of the notices.
The Commission shall prescribe the procedures to be followed in hearings. If the hearing is not
conducted by the Commission, detailed minutes of the hearing shall be kept and shall be
submitted, along with any other written comments, exhibits or documents presented at the
hearing, to the Commission for its consideration prior to final action granting or denying the
permit.

Young, Brianna A
From: Wiggs, Linda
Sent: Wednesday, February 15, 2017 3:44 PM
To: Young, Brianna A
Subject: N View MHP NC0067342 language and log
Attachments: Process Control NVMHP V.2.xls
Hi Brianna,
Below is my take on what I would like to see in the (A3) language. I have also attached the log sheet we have
developed. You and John can look at it and let me know if there are any changes to it you'd like to see.
Landon had a comment under this item (A3) in the comments we sent you (12-29-2016). In my notes from our
conference call on this I do not have anything written about his comment, so I am not sure what we decided. I
think he wants to make sure that only we can change this log sheet if we choose to and if we do choose to that it
would not require the permit having to be reopened. I don't know anything about that, that would be a question
for John I guess.
A. (3.) Process Control Monthly Monitoring and Reporting Requirement
The Division requires that the ORC or back-up ORC complete the Process Control Log that is provided in
Appendix A. The Division shall receive the Process Control Log no later than the 10th day of the following
month of reporting.
Thanks,
.VI/neia 6144
Environmental Senior Specialist — Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4500 office
828 299 7043 fax
Email: Iinda.wiggs a(�ncdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
Nfc
-_ 'Nothing Compares .�
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
1

Process Control Log: Requirements (Settlement Agreement 3.c. & Permit A.(3)).
Note: Process Controls shall be performed at a minimun 1/week.
NPDES No.: NC0067342
Facility Name : North View Mobile Home Park
Month: Year:
County: Buncombe
.2
co
IC
Aeration Basin
D.O.
Aeration Basin
Settlometer
Clarifier Sludge
Judge
Aeration Basin
MLSS
Solids Removed
Flow
Signature/Comments
mg/1
1000 m1/30 minutes,
Reported in %.
Blanket Depth Ft
mg/I
Septage Co. Name
Gallons Removed
GPD
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31

12/15/2016 N C 0067342
Reply all I v ® Delete Junk I v
N C0067342
DL
Inbox
Davidson, Landon
Wed 12/7/2016 9:39 AM
To: Gregory, Sonia
Cc: Wiggs, Linda; Heim, Tim; Hennessy, John A
Flag for follow up. Start by Wednesday, December 07, 2016. Due by Wednesday, December 07, 2016.
Flat Creek Benthos Stud...
2 MB
u
Show all 1 attachments (2 MB) Download Save to OneDrive - State of North Carolina
a Action Items
? Reply all I v
Sonia -
With regard to the subject permit, ARO will be visiting the site to verify current operation of the new flowmeter as
required by a settlement agreement. We will also take that opportunity to completely review the facility and the newer
components. After this event, we will be providing draft review comments.
In the interim, I wanted to ask CO to review the permitted discharge limits. The ORC has presented before the NC
Operator's Commission and more recently in court testimony that the facility is allowed to discharge 81bs. of solids a
day (TSS daily max X 8.34 lbs/gal X MGD permitted flow). He has also stated that he expects some level of impact to
the receiving stream from every NPDES discharge and that solids present in the creek are normal. While there are
some obvious arguments to this line of thinking, I feel re-evaluation of the permitted limits is warranted by his
argument. Attached you will find a benthic macroinvertebrate study performed on the receiving waters that 'suggests'
the discharge is in fact adversely impacting the receiving stream at the current discharge limits assuming analytical
data submitted on the DMRs is correct.
ARO should be able to provide final RO draft permit review comments by mid -January assuming the upcoming
inspection is successful.
Thanks in advance and please do not hesitate to call me if you should have any questions regarding facility compliance,
etc.
Landon
G. Landon Davidson, P.G.
Regional Supervisor — Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4680 office
https://outlook.office365.com/owa/projection.aspx 1/2

Water Resources
ENvIRoNmtrrrm.. auAL.ITV
Certified Mail # 7012 1010 0002 1965 7253
Return Receipt Requested
July 11, 2016
James Rice
329 Emma Rd
Asheville, NC 28806
PAT MCCRORY
Gavernor
DONALD R. VAN DER VA ART
SUBJECT: Monthly Process Control Required by Eaven Brice Partnership
Settlement Agreement & Permit No. NC0067342
North View Mobile Home Park WWTP
Buncombe County
Dear Permittee:
S. JAY ZIMMERMAN
Threcwr
Your NPDES Permit NC0067342, Condition A. (4) and Section 3. c. of The Eaven Brice Partnership Settlement
Agreement (Agreement) entered into with the Department of Environmental Quality (DEQ) by Eaven Brice
Partnership and James Rice dated June 14, 2016, requires the submittal of Process Control Monthly Reports.
To date only one Process Control Monthly Report has been received by the Asheville Regional Office. It was
submitted via email from your legal counsel on February 25, 2016.
Please provide the required monthly information. We have included a reporting form for your use from this
point forward.
If you have any questions concerning this matter, please contact Linda Wiggs or me of the Asheville
Regional Office at 828-296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Enc: Monthly Process Control Form
Cc: WQS Asheville Regional Office
NPDES Compliance/Enforcement Unit
James Queen/ ORC
G:\WR\WQ\Buncombe\Wastewater\Minors\Norte'diew MHP 67342\Process ControLLtr.docx

STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
15 EHR 06892
EAVEN BRICE PARTNERSHIP,
JAMES RICE
Petitioners,
v.
SETTLEMENT AGREEMENT
DEPARTMENT OF
ENVIRONMENTAL QUALITY,
Respondent.
The Department of Environmental Quality ("DEQ"), Division Water Resources ("DWR")
Respondent, Eaven Brice Partnership and James Rice ("Petitioners"), hereby enter into this
Settlement Agreement ("Agreement") in order to amicably resolve matters in controversy as it
relates to the civil penalty assessment herein described. This matter arose out of the assessment
of a civil penalty issued by DEQ in the amount of twenty-five thousand. three hundred seventy -
seventy dollars and sixty-seven cents ($25,377.67), including nine hundred twenty-seven dollars
and sixty-seven cents ($927.67) in enforcement costs, imposed upon Petitioner on December 16,
2015 (the "Civil Penalty Assessment"), for violations of the NPDES Permit NC0067342
("Permit") issued for Northview Mobile Home Park (NVMHP) and for stream standard impacts
to Flat Creek, the receiving stream. DEQ and the Petitioners have reached the following
settlement agreement in this matter:
1. The Petitioner will pay ten thousand dollars ($10,000.00) to DEQ for settlement.
The Settlement Amount shall be due and payable on or before June 3, 2016.

2. The payments shall be by check made payable to the North Carolina Department
of Environmental Quality (or to "DEQ") at the following address:
Anita LeVeaux
Attorney General's Office
Air, Water & Natural Resources, Environmental Division
Post Office Box 629
Raleigh, NC 27602-0629
3. Eaven Brice Partnership ("Permittee"), will immediately implement the following
measures/conditions, unless another timeframe is more specifically noted below :
a. On a quarterly basis, DWR will require the designated N. C. Certified
Wastewater Operator in Responsible Charge ("ORC") to collect sufficient
volumes of water sample to allow DWR to collect split -samples for all or
select parameters or utilize DWR-owned sampling equipment for sample
collection.
i. DWR will provide at least 24 hour advanced notice to the ORC or
permittee when utilizing DWR equipment to sample and 24 hour
notice when collecting split -samples.
ii. When collecting split -samples, DWR reserves the right to observe the
entire sample collection procedure. DWR analytical results will be
available for review at the Asheville Regional Office ("ARO" or
"Asheville Regional Office").
b. Within 15 days of the execution of this agreement, Permittee shall submit
documentation identifying the type of new flowmeter to be installed at the
NVMHP wastewater treatment facility. The flowmeter must be approved by
DWR prior to purchase and installation and must be of industry standard
specifications. The new flowmeter shall be installed and operational within 15
days of DWR's approval.
i. The Permittee shall inform DWR at least one week prior to the
flowmeter install date.
ii. DWR must inspect and approve the installation and operation of the
flowmeter prior to use.
iii. The flow data shall be included on the monthly reports submittals.

c. Submittal of a monthly process control report is required pursuant to the
NPDES permit and this agreement. Monthly process control reports must be
completed by the ORC or back-up ORC. The reports are to be received by the
Asheville Regional Office no later than the 10t day of the following month of
reporting. Reports must be submitted on forms provided by DWR. Monthly
reports are required for a 24 month period or as otherwise noted in Permit.
d. Within 30 days of signing this agreement, DWR will verify the currently used
flow -proportion composite sampling method and equipment. DWR will
coordinate with the ORC to meet onsite for a complete review of the
methodology and equipment used. If DWR does not approve of the method or
equipment, new sampling methods and/or equipment will be required to be
purchased, installed and operational within 60 days.
e. Owners of classified water pollution control systems must designate operators
pursuant to 15A NCAC 08G .0201.
4. Expanded Discharge Conditions and Facility Compliance. Discharges greater
than 0.032 MGD per day are not authorized until DWR approval is obtained in
writing. The following conditions (4.a., 4.b. and 4.c.) will be incorporated into the
draft Permit and will be submitted to the public review process as part of the
permit renewal process. The inclusion of the proposed condition in the draft
permit does not guarantee that the condition will be in the final document as all
comments tendered during the public comment period must be considered by
DWR.
a. Not less than three months, nor more than six months, unless by written
agreement of the parties, from the effective date of the renewed permit, and
upon request of the Permittee, DWR will perform an instream assessment of
the receiving stream. Flat Creek, to assess both water quality parameters and
macroinvertebrate populations. DWR will notify Permittee of the date of the
instream assessment in sufficient time that Permittee can arrange for an
independent third party to attend and share samples collected. If it is
determined that the permitted discharge from the facility is not causing stream
degradation resulting in water quality standard violations, including narrative
standards, which determination shall not be unreasonably withheld, then
DWR will grant Permittee discharges of up to 0.050 MGD provided the
facility is being operated in a manner such that it is compliant with its Permit .
The Permittee may voluntarily hire an independent third party to do an
instream assessment using DWR approved instream assessment
methodologies at any time. Permittee will provide DWR sufficient notice of

the sampling so that DWR may have their personnel attend and share samples
collected. DWR will consider such data in conjunction with its own instream
data, when making its determination of whether water quality standards are
being contravened as a result of the NPDES discharge.
b. The Permittee may make a written request that a stream assessment be
performed by DWR prior to the date established above as long as the facility
is compliant with its Permit NC0067342, but no sooner than three months
from the effective date of the permit. The Permittee may hire a third party to
perform an instream assessment using DWR approved instream assessment
methodologies; DWR will consider the data from that assessment when
making its compliance determinations. Continued noncompliance at the
facility may prevent DWR from approving discharges greater than 0.032
MGD.
c. If DWR denies the expanded flow above 0.032 MGD, then the Permittee may
request another DWR assessment be done annually (from the date of the last
instream assessment) thereafter.
5. Facility compliance determination, for the purposes of paragraph 4, will be
evaluated in the following manner:
a. Routine NPDES facility inspections of the subject facility will be performed
by at least two DWR staff. Any inspection findings or compliance
determinations will be approved by both DWR staff present during the
inspection. The inspections will be performed in a manner consistent with all
other DWR NPDES facility inspections applying standard DWR and EPA
inspection practices and knowledge such as those cited in EPA 305-X-04-001,
and the Sacramento Wastewater Training Manuals. DWR will notify the
Permittee to reasonably coordinate routine inspections with the Permittee and
ORC as DWR does on all other routine NPDES inspections.
b. Review and evaluation of all monitoring data.
c. In evaluating facilities to determine compliance, DWR considers the
operational configuration of each individual facility and any specific or unique
operational challenges of the subject facility. DWR will apply the same
considerations when determining compliance status for the NVMHP NPDES
as other DWR permitted facilities. Inspections will include, but will not be
not limited to, examination of the following treatment components of the
facility:
i. Bar Screens
ii. Aeration Basins
iii. Secondary Clarifier
iv. Disinfection
v. Dechiorination
vi. Effluent Pipe
6. The material breach of any condition of Paragraphs one (1) or two(2)by the
Permittee/Petitioners will render due and payable the balance of the entire amount

of the Civil Penalty Assessment, i.e. twenty-five thousand, three hundred seventy -
seventy dollars and sixty-seven cents ($25,377.67), less the amount paid pursuant
to this Settlement Agreement.
7. DEQ agrees to accept the payment of ten thousand dollars ($10,000.00), in
complete satisfaction of the claimed Civil Penalty Assessment subject to the terms
of this Agreement.
8. Nothing in this Agreement shall restrict any right of DEQ to take any enforcement
action against Petitioners for any future violations.
9. This Agreement shall be binding upon the parties and is entered into knowingly,
intelligently, and voluntarily.
WITHDRAWAL OF PETITION
10. Entry of this Agreement serves as Petitioners' Withdrawal of Petition for
Contested Case Hearing in this matter. The parties agree this matter is concluded
and that no further proceedings are needed or required to resolve this contested
case.
This the day of 2016.
FOR THE NC DEPARTMENT OF
ENVIRONMENTAL QUALITY
Date:
FOR THE PETITIONERS:
es Rice, individually and
as partner in Eaven Brice
Partnership
Date: - ,.31-1 �j

PAT MCCRORY
Water Resources
ENVIRONMENTAL QUALITY
Division of Environmental Quality
Biological Assessment Branch
April, 25th, 2016
Memorandum
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
To: Langdon Davidson (Supervisor, Asheville Regional Office)
Through: Cyndi Karoly (Chief, Water Sciences Section)
From: leek (Biological Supervisor, Biological Assessment Branch)
Subject: Results of Benthic Macroinvertebrate Special Study: Flat Creek, North View Mobile
Home Park Waste Water Treatment Plant (NC0067342).
In an effort to determine the condition of the benthic macroinvertebrate communities present both
upstream and downstream of the North View Mobile Home Park Waste Water Treatment Plant
(WWTP), two benthic macroinvertebrate samples were obtained. These samples were requested by
the Asheville Regional Office. Biological Assessment Branch staff involved in these collections were
as follows: Eric Fleek, Michael Walters, Victor Holland, and Mike Turner.
Two stations (one upstream of the aforementioned discharge, and one downstream of the discharge;
Figure 1) were surveyed for benthic macroinvertebrates on September 15, 2015. The biological data
generated from these collections suggest deleterious impacts to the benthic macroinvertebrate
community located below the discharge. Please refer to the attached report for further analysis.
Please feel free to contact Eric Fleek at eric.fleekancdenr.gov or at 919-743-8469 should you have
any questions or comments about these results.
State of North Carolina ; Environmental Quality I Water Resources
Water Sciences Section
162I Mail Service Center
Raleigh NC 27699-1621
919-743-8400

Discharge: Northview Mobile Home Park WWTP
•
Downstream: Flat Creek, Off SR 1717
.r' •
14
A
0 0.05 0.1 Miles
I � l
Buncombe County
1
\,� \•
Upstream: Fiat Creek, Off SR 171,7,
ti
N.`
44,044
Rona
Eamil
<� OpenStreetMap (and) contribut
Figure 1. Locations of Benthic Macroinvertebrate Sampling Sites on Flat Creek.
Buncombe County, North Carolina. Northview Mobile Home Park WWTP Study.

Table 3. Summary Physical and Habitat Data: Flat Creek (Upstream & Downstream of NC0067342)
Stream
FLAT CR
FLAT CR
Site Location
OFF SR 1717 Upstream
OFF SR 1717 Downstream
County
Buncombe
Buncombe
Site ID
EB474
EB475
Collection date
9/15/2015
9/15/2015
BAU sample number
12030
12028
Habitat Scores
Channel modification (5)
4
4
In -stream habitat (20)
18
18
Bottom substrate (15)
13
13
Pool variety (10)
7
7
Riffle habitats (16)
14
14
Bank erosion (7)
6
6
Bank vegetation (7)
6
5
Light penetration (10)
7
7
Left riparian (5)
2
3
Right riparian (5)
2
3
Total Habitat Score (100)
79
80
Other Habitat
Average stream width (m)
5
5
Average stream depth (m)
0.4
0.4
Canopy (%)
80
60
Substrate (%)
Boulder
20
10
Cobble
30
30
Gravel
20
20
Sand
10
20
Silt
10
20
Other
10
description
Bedrock
Physicochemical
Temperature (°C)
Dissolved oxygen (mglL)
Specific conductance (Nmhos/cm)
Turbidity (ntu)
pH
16.3
9.3
143.6
11
7.5
13
9.6
149.4
32
6.9

Results
Flat Creek, Off SR 1717
Figure 2. Flat Creek (Upstream of Discharge)
The upstream segment of Flat Creek, in terms of land use, habitat quality, drainage area size, and
physical stream size was virtually identical to that of the downstream segment (Tables 1-3). However,
the upstream location included the collection of several pollution intolerant caddisflies that were
entirely absent from the downstream segment (e.g., Leucotrichia pictipes, Ceraclea (lava,
Nectopsyche exquisita, Oecetis spp., Chimarra spp., and Neophylax spp). In addition, there were
numerous pollution tolerant taxa absent at the upstream location but present below the discharge
including 15 taxa of chironomids, the highly pollution tolerant oligochaetes Haplotaxis gordioides, and
llyodrilus templetoni, as well as the highly pollution tolerant leeches Helobdella stagnalis, and H.
triserialis. Furthermore, of the pollution tolerant taxa present at both locations, most were more
abundant downstream than upstream (e.g., Chironomus spp., Polypedilum scalaenum gr., Tribelos
jucundum, Physa spp.). In summary, and despite the pronounced physical similarities between these
sites, there were notable differences measured in the upstream community relative to that measured
below the discharge. Specifically, EPT diversity (EPTS) and EPT abundance (EPTN) were both
higher upstream versus downstream, and both the EPTBI and the BI were lower upstream than
downstream (Table 4).

Conclusions
Although both the upstream and downstream sampling locations received Good -Fair
bioclassifications, the segment downstream of the discharge had fewer EPT species (EPTS), lower
EPT abundance (EPTN), a higher EPTBI and a higher BI, relative to the upstream location (Table 4).
Although the total species diversity (S) below the plant was higher than above the plant, nearly all of
those additional taxa were comprised of highly pollution tolerant taxa, most of which were not found
upstream of the discharge. For example, for the highly pollution tolerant group (chironomidae) there
were 26 species collected downstream but only 19 upstream, of which 15 were found downstream
only. Other highly pollution tolerant organisms found downstream but not upstream included the
Oligochaetes Haplotaxis gordioides, the leeches Helobdella stagnalis, and H. triserialis. In addition, of
the pollution tolerant taxa present at both locations, most were more abundant downstream than
upstream (e.g., Chironomus spp., Polypedilum scalaenum gr., Tribelos1ucundum, Physa spp.).
Landuse practices above the upstream location and above the downstream location are virtually
identical (Table 2). Moreover, the size of the stream (and the size of its respective watershed) at both
the locations were also essentially identical (Tables 1-2) and the habitat present at both stations were
also nearly identical (Table 3). These similarities indicate that the differences observed in the
biological community between the upstream and downstream location are not the result of differences
in landuse patterns, stream size, watershed size or habitat quality but rather the result of the
discharge.
Of additional note, one parameter (turbidity) was noticeably divergent between the upstream and
downstream sampling segments. The turbidity measurements were both obtained during clear, sunny
weather, and were taken at both locations before any portion of the stream segment was disturbed for
sampling in order to prevent re -suspending particulates (which would contaminate the turbidity
measurement). Given these measurements, it is significant to note that the turbidity at the
downstream location (32) was significantly higher than the upstream location (11); Table 3. This
discrepancy is likely the result of the large quantities of floc noted (both deposited and suspended)
throughout the downstream reach (Figure 4). This floc was present only in the stream segment
located below the discharge pipe. The natural result of flowing water likely entrained this material,
causing it to be suspended in the water column, which then resulted in the elevated downstream
turbidity value.
In summary, the higher EPTBI and BI, and lower EPTS and EPTN at the downstream segment
suggest that the North View Mobile Home Park WWTP is having an adverse influence on the
invertebrate community located downstream of the discharge. The exceedingly similar landuse,
stream size, watershed size, and habitat parameters measured at both locations strengthens this
conclusion as it rules out other sources of impacts to the community below the discharge.

Appendix 1. Taxa and Relative Abundances.
E_phemeroptera
Pie
Baetidae
Baetiscidae
Ephemeridae
Heptageniidae
Isonychiidae
Leptohyphidae
Perlidae
Trichoptera
Hydropsychidae
Hydroptilidae
Leptoceridae
Philopotamidae
Phryganeidae
Polycentropodidae
>-
1-
ZLO
ON
a) a
E °
in
Acentrella nadineae
Baetis flavistriga
Baetis intercalaris
A
A
Baetis pluto
Labiobaetis propinquus
Plauditus cestus
A
Plauditus dubius gr
Procloeon spp
Baetisca spp
Ephemera spp
Heptagenia marginalis gr
Leucrocuta spp
Maccaffertium ithaca
Maccaffertium modestum
A
A
A
A
A
A
A
Stenacron pallidum
A
C
Isonychia spp
Tricorvthodes s
Acroneuria abnormis
A
A
Para_onetina immarginata
Cheumatopsyche spp
Hydropsyche (C.) bronta
Hydropsyche (C.) sparna
Hydropsyche (H.) spp
Leucotrichia pictipes
Ceraclea flava
A
A
Nectopsyche exquisita
Nectopsyche spp
Oecetis spp
Triaenodes spp
Chimarra spp
Oligostomis pardalis
Nyctiophylax spp
A
A

Day_ otter
Ceratopogonidae
Dixidae
Rhagionidae
Simuliidae
Tabanidae
Tipulidae
Oligochaeta
Haplotaxidae
Lumbriculidae
Tubificidae
Flat Creek
Upstream
Flat Creek
Downstream
Corynoneura spp
R
Cricotopus bicinctus
C
Cryptochironomus spp
R
R
Cryptotendipes spp
R
Dicrotendipes neomodestus
C
Microtendipes pedellus gr
C
Nanocladius branchicolus
C
Natarsia sp A
R
Orthocladius carlatus
C
Orthocladius nigritus
R
Paralauterborniella nigrohalteralis
R
Paratanytarsus dissimilis
C
Paratendipes albimanus
C
C
Phaenopsectra obediens gr
C
Phaenopsectra punctipes gr
C
Polypedilum fallax/sp A
A
Polypedilum flavum
R
Polypedilum halterale gr
R
Polypedilum illinoense gr
A
A
Polypedilum scalaenum gr
R
A
Procladius spp
R
Rheocricotopus robacki
C
Rheotanytarsus spp
C
C
Tanytarsus spp
R
Thienemanniella spp
C
R
Thienemannimyia gr
C
C
Tribelos jucundum
R
A
Tvetenia bavarica_gr
R
Bezzia/Palpomyia spp
R
Dixella spp
R
C
Atherix lantha
R
Simulium spp
R
R
Chrysops spp
R
Antocha spp
C
R
Hexatoma spp
R
Tipula spp
C
C
Haplotaxis gordioides
A
Lumbriculidae
C
A
Ilyodrilus templetoni
R
Tubificidae
R
R

LAW OFFICES
WATSON BAILEY CIOCHINA, L.L.P.
LEGAL AND MEDIATION SERVICES
•
ORANGE STREET PROFESSIONAL PARK, THIRTY-TWO ORANGE STREET
ASHEVILLE, NORTH CAROLINA 28801
General & Litigation PH. [phone] • Domestic & Family PH. [phone]
Fax [phone]
DERRICK R. BAILEY Writer's Telephone: [phone]
Writer's Email: [e-mail]
S©C IIWi 1
I
11
AUG 1 9 2016 LE9
August 17, 2016
Mr. Jay Zimmerman. Division Director
NC Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Facility:
Address:
County:
Operator:
Type:
Waterways:
Renewal:
Dear Director Zimmerman:
North View Mobile Home Park
State Road 1740
Buncombe
Jim Queen its ,4 a--
Private Wastewater Treatment Facility
Flat Creek/Whittington Branch
10/31/2015
hir-t"4 OF `rFJATEA E, jr ,, :�' -•,:.c
I am writing to re -request a public hearing, in follow-up to my letter of March, 26
2015. 1 did not find this matter on any docket online, but it was due to expire last
October, and I do not want to miss a deadline to request a public notice.
I represent Rodney Bradburn. I previously represented his parents, Maynard and
Macy Bradbuni. The Bradburn iainiiy members oAA'fi piopefty ai and tlic JiJliliic,lii pule
of the North View Mobile Home Park property. The treatment facility for the mobile
home park is very close to part of the Bradburn property, and the discharge runs into - I
believe - Whittington Branch, or Flat Creek.
For years there has been an issue with odor and discharge, especially near the
facility and in Whittington Branch. Part of Whittington Branch runs beside Martin Ford
Road and through the Bradburn land. I was first contacted in 1988 and did some work at
that time. Mr. Bradburn has again asked me for help, because of a proposed addition to
the treatment facility.
I understand that the owners of the mobile home park are planning to add about
170 apartments to the complex. Some of the units will be available for Section 8

Letter to Mr. Jay Zimmerman, Division Director
NC Division of Water Resources
August 17, 2016
Page 2
vouchers. I am told that the facility has already been permitted to handle this addition. I
am also told that at least one other landowner in the area has complaints about the
treatment facility odor and discharge.
I think that a public hearing is necessary for the neighboring landowners and
residents to have an opportunity to advise the Division about the effects of the treatment
facility upon them and their lands, as well as their concerns about the effects of the
addition of 170 more units.
Please let me know what additional documentation is required to make this
request.
With thanks and best regards, I remain
ly yours,
Derrick R. Bailey
oppy: Rodney Bradburn

Northview Mobile Home Park
RECEIVEDIDENRIDWR
AUG - 4 2015
Water Quality
This a request for renewal of the permit and changes at the facility since issuancPerrllittil9 Section
of the last permit.
Changes at NV M.H.P. W.W.T.P. are as follows.
(1) Bulkhead original Air Supply Plenum to the Aeration Basin failure due to age and Corrosion.
An extended 4 inch ductile iron air supply was fabricated on site.
(2) Bulkhead Transverse beams for package blower foundation were compromised due
to age and Corrosion. An extended Blower system was relocated to the perimeter hard pan.
(3) Due to upset in past due to cotton and synthetic rags used for diapers and Feminine hygiene
use and other non -soluble material a large external Screen with multiple sections was
installed. The upsets due to clogged return lines and lifts have been greatly mitigated by
this.
(4) The NV M.H.P. W.W.T.P. has approx. 4000 gallons of wasted solids Digester space. A pump
and haul septic contractor is used to remove these solids after decanting cycles yield no
significant supernatant. The solids are taken to the Asheville M.S.D. facility by contract
pump/haul septic company.
Thanks
Northview Mobile Home Park

NPDES APPLICATION - FORM D
For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD
Mail the complete application to:
N. C. DENR / Division of Water Resources / NPDES Program
1617 Mail Service Center, Raleigh, NC 27699-1617
NPDES Permit
NCO° 'P 73
If you are completing this form in computer use the TAB key or the up - down arrows to move from one
field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type.
1. Contact Information:
Owner Name
Facility Name
Mailing Address
City
State / Zip Code
Telephone Number
Fax Number
e-mail Address
m e R-a
JV,12
e r'VJ+.4) ID i 1 1Mv'-)02 u, i' 13
/)$ J LLB, N= C' RECER/Ff!DENR/DWR
/Y O(. � d 4) A U G 4 2015
(F92) 74 g- 2- ;2-3
VVater Quality
(n.0) 5) 5 _2414 Permitting Section
0i9/Y)..P5
ci,14--eqd w vz:O.4-1
2. Location of facility producing discharge:
Check here if same address as above ❑
Street Address or State Road /ya r % b1 pA k /'2 d
City
State / Zip Code
County
L,Q
/31, Li..)--v1
3. Operator Information:
Name of the firm, public organization or other entity that operates the facility. (Note that this is not
referring to the Operator in Responsible Charge or ORC)
Name
Mailing Address
City
State / Zip Code
Telephone Number ( )
Fax Number ( )
e-mail Address
1 of 3 Form-D 9/2013

NPDES APPLICATION - FORM D
For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD
4. Description of wastewater:
Facility Generating Wastewater(check all that apply):
Industrial ❑ Number of Employees
Commercial ❑ Number of Employees
Residential il Number of Homes
School ❑ Number of Students/ Staff
Other ❑ Explain:
Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers,
restaurants, etc.):
Number of persons served: ArrOX 4SC)
5. Type of collection system
[1 Separate (sanitary sewer only)
❑ Combined (storm sewer and sanitary sewer)
6. Outfall Information:
Number of separate discharge points
Outfall Identification number(s)
Is the outfall equipped with a diffuser? ❑ Yes
Vim, No
7. Name of receiving stream(s) (NEW applicants: Provide a map showing the exact location of each
outfall):
r LAr Cep /<
8. Frequency of Discharge: [l Continuous ❑ Intermittent
If intermittent:
Days per week discharge occurs: Duration:
9. Describe the treatment system
List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and
phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a
separate sheet of paper. 1
)C TeN G�1 (V i lam' gi ,� gScip Re 'wo ; ¶3
-r s� N 3 E g V R Pa-VioN) rio'/0 R v ov
�: �
�t v � 0 * tCv.- C �x`y . ti„‘ C 0,4/o1AV 1 � �. ' R
ems �'
f5L uiS
Solo() ex- ma-L C oAc of 4 c j 4s1, c'y-ek tu/5kwcvwtw\
Prm‘-?\,et ‘N--(3/4° r\-1 *-± C-kt 0/X-L Ad 4-k t -(2) IV
Iji,e Ck k.0411-v&R-- t)) la.SA1
(3/vR oN, Cf..° ome LA 0
,1 F_SNOC s ct 1 v S
2 of 3 Form-D 9/2013

NPDES APPLICATION - FORM D
For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD
10. Flow Information:
Treatment Plant Design flow /9r > MGD
Annual Average daily flow 0 L B MGD (for the previous 3 years)
Maximum daily flow : 030 MGD (for the previous 3 years)
11. Is this facility located on Indian country?
❑ Yes [ No
12. Effluent Data
NEW APPLICANTS: Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab
samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported,
report daily maximum and monthly average. If only one analysis is reported, report as daily maximum.
RENEWAL APPLICANTS: Provide the highest single reading (Daily Maximum) and Monthly Average over
the past 36 months for parameters currently in your permit. Mark other parameters "N/A".
Parameter
Daily
Maximum
Monthly
Average
Units of
Measurement
Biochemical Oxygen Demand (BOD5)
> S 9, 0
..3..3
Isiv,4
Fecal Coliform
k
k_7
< t-i
Cd\. / (co w SL
Total Suspended Solids
(c a 5
l4; `i
M z, j I
Temperature (Summer)
5 , g
,S
(..:::
Temperature (Winter)
[ 3 , `).
1 1
uC
pH
S? <9
IQ ioN
Urtit A-1-
13. List all permits, construction approvals and/or applications:
Type Permit Number Type
Hazardous Waste (RCRA) NESHAPS (CAA)
UIC (SDWA) Ocean Dumping (MPRSA)
NPDES IV CO 03 yk Dredge or fill (Section 404 or CWA)
PSD (CAA) Other
Non -attainment program (CAA)
14. APPLICANT CERTIFICATION
Permit Number
I certify that I am familiar with the information contained in the application and that to the
best of my knowledge and belief such information is true, complete, and accurate.
a
Printed name of Person Signing Title
ture of Applicant Date
rth Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any
application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management
Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method
required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be
guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S,C. Section 1001
provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.)
3 of 3 Form-D 9/2013

DERRICK R. BAILEY
Att.i)
/k1V
LAW OFFICES
WATSON BAH_FY CIOCHINA, LL.P.
LEGAL AND MEDIATION SERVICES
e
ORANGE STREET PROFESSIONAL PARK, THIRTY-TWO ORANGE. STREET
ASHEVILLE, NORTH CAROLINA 28801
General & Litigation PH. (828) 232-11.84 Domestic & Family PH. [phone]
Fax [phone]
March 26, 2015
Writer's Telephone: [phone]
Writer's Em.ail: [e-mail]
VP7. I ro,-9,41 lamproviriii)ned.011 r 9r4111,
Mr. Jay Zimmerman, Division Director
NC Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Facility:
Address:
County:
Operator:
Type:
Waterways:
Renewal:
Dear Director Zimmermar,:
North View Mobile Home PaoState Road 1740
Buncombe
Jim Queen
Private Wa s tut/a-Ler Trebtment F a.ciiity
Flat Creek/Whittington Branch
10/31,2015
1 am writing to request a public hearing. I do not have any information that the
permit is now iinder review, hilt it expires this October, and do not want to miss a
deadline or a public notice. 1 have been dealing with Linda Wiggs in the .Asheville
NCDENR office.
1 represent Rodney Bradbum. I previously represented his parents, Maynard and
Macy Bradburn. The Bradbums and their adult children own property around the
southern part of the North View Mobile Horne Park property. The treatment facility for
the mobile home park is very close to part of the Bradburrj property, and the discharge
runs into -1 believe - Whittington Branch, or Flat Creek.
For years there has been an issue with odor and discharge, especially near the
facility and in Whittington Branch. Part of -Whittington Branch runs beside Martin Ford
Road and through the Bradbury land. 1 wa.s first contacted in 1988 and did some work at

Letter to Mr. Jay Zimmerman, Division Director
NC Division of Water Resources
March 26, 2015
Page 2
that time. Last year, the Bradburns again asked me for help, because of a proposed
addition to the treatment facility.
I understand that the owners of the mobile home park are planning to add about
170 apartments to the complex. Some of the units will be available for Section 8
vouchers. I am told that the facility has already been permitted to handle the addition. I
am also told that at least one other landowner in the area has complaints about the
treatment facility odor and discharge.
I think that a public hearing is necessary for the neighboring landowners and
residents to have an opportunity to advice the Division about the effects of the treatment
facility upon them and their lands, as well as their concerns about the effects of the
addition of 170 more units.
Please let me know what additional documentation is required to make this
request. In the meantime, I have included some links, just for orientation purposes.
1. Link to a general, simple map of the area:
https:'/plu .google,conii 1 1 582 1 13 3811766,191 22O3/abet g1.. -tis ;111-:01
2. Link to an aerial view:
https://www.googie.contfmapsiplace/Nori10-Vi(: !• {3Ci14'''1`lE?i) e-i-1>ar `, 5. 719047._8 ,60336 ,863midat•
41112!3in 11 sEf .S85.12O5:'3`91 caS5:0.x3c13ca1099:;967e1:3c?111 en
n. !',1e3!
3. Link to street view of residence of Maynard and Macy Bradburn and Whittington
Branch:
ltttps:liwww,google.corrim 1_ 4 3 .7.15481,-K,6041.015 a,7,5,_.18A,91),Vdata.-' ? 4, i i €! 3m2v1. tib\k 4P2?r1
1Yg j.gw 4J.w!2c0?b1=e.rt..
With thanks and best regards, I remain
DRB/tr
Very truly yours,