NC0056863_MV-2017-0001_20170110

ROY COOPER
Governor
Environinental
Quality.
Certified Mail # 7014 2.120 0000 8057 9211
Return Receipt Requested
January 10, 2017
RECEIUEDINCDEQIDW
Bobby W Cavanaugh JAN 17 2017
Town of Rose Hill
PO Box 8 fMiteti g SeEt 011
Rose Hill, NC 28458-0008 �eC9�'1„��
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NCO 056863
Town of Rose Hill
Rose Hill WWTP
Case No. MV -2017-0001
Duplin County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $794.75 ($677.50 civil penalty +
$117.25 enforcement costs) against Town of Rose Hill.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Town of Rose Hill for the month of September 2016. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0056863. The
violations, which occurred in September 2016, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Rose Hill violated the terms, conditions or
requirements ofNPDES WW Permit No. NCO056863 and G.S. 143-215.l(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty maybe assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, I, James H. Gregson,
Regional Supervisor, Wilmington Regional Office hereby make the following civil penalty assessment against Town of Rose
Hill:
State of North Carolina Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215

$82.50 for 1 of the 1 failures to properly monitor BERYLIUM in violation of Permit No. NC0056863.
$82.50 for 1 of the 1 failures to properly monitor COPPER in violation of Permit No. NCO 056863.
$82.50 for 1 of the 1 failures to properly monitor Cr -TOTAL in violation of Permit No. NC0056863.
$82.50 for 1 of the 1 failures to properly monitor DICLBRMT in violation of Permit No. NC0056863.
$182.50 for 1 of the 1 failures to properly monitor MERCURY - Conc in violation of Permit No.
NC0056863.
$82.50 for 1 of the 1 failures to properly monitor SILVER in violation of Permit No. NC0056863.
$82.50 for 1 of the 1 failures to properly monitor ZINC in violation of Permit No. NC0056863.
$677.50 TOTAL CIVIL PENALTY
$117.25 Enforcement Costs
$794.75 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B -282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request: ;
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.I(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or.
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission. .
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties
Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty (3 O) days of receipt of this
notice The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings -
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 15013-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (3 0) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Dean Hunkele with the Division of Water Resources staff of the Wilmington
Regional Office at [phone] or via email at [e-mail].
Sincer ly,
James . Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Wilmington Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
Central Files, WQS

JUSTIFICATION FOR REMISSION REQUEST
.. ,
Case Number: MV -2017-0001
Assessed Party: Town of Rose Hill
Permit No.: NC0056863
County: Duplin
Amount Assessed: $794.75
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B -282.1(c), remission of a civil
penalty 'maybe granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B -282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct'the violation and prevent future occurrences),-
(c)
ccurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF DUPLIN
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE FEARING AND
STIPULATION OF FACTS
Town of Rose Hill )
Rose Hill WWTP 1
PERMIT NO. NCO056863 ) CASE NO. MV -2017-0001
Having been assessed civil penalties totaling $794.75 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated January 10, 2017, the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Town of Rose Hill
CASE NUMBER: MV -2017-0001
PERMIT:
NCO056863
REGION:
Wilmington
FACILITY:
Rose Hill WWTP
COUNTY:
Duplin
MONITORING VIOLATION(S)
SAMPLE LOCATION:
Outfall 001 - Effluent
Quarterly
Violation Report
Frequency
Unit of Limit Calculated % Over Violation Penalty
Date Month/Yr
Parameter Frequency
Measure Value Value Limit Type Amount
9/30/2016 9-2016
Beryllium, Total (as Quarterly
ug/I Frequency $82.50
9/30/2016 9-2016
Be)
Violation
9/30/2016 9-2016
Chromium, Total (as
Quarterly
ug/I
Frequency
$82.50
Cr)
Violation
9/30/2016 9-2016
Copper, Total (as Cu)
Quarterly
ugh
Frequency
$82.50
Violation
9/30/2016 9-2016
Dichlorobromomethan
Quarterly
ug/I
Frequency
$82.50
e
Violation
(bromodichloromethan
e)
9/30/2016 9-2016
Mercury, Total (as Hg) -
Quarterly
ug/I
Frequency
$182.50
Concentration
Violation
9/30/2016 9-2016 Silver, Total (as Ag) Quarterly ug/I Frequency $82.50
Violation
9/30/2016 9-2016 Zinc, Total (as Zn) Quarterly ug/I Frequency $82.50
Violation

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Rose Hill
Facility Name: Rose Hill WWTP
Permit Number: NCO056863
County: Duplin
Case Number: MV -2017-0001
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to -private
property resulting from the violation;
2) The duration and gravity of the violation;
7�
3 The effect on round or surface" quantity or quality or on air quality;
g 9 t3' 9
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance; /f
6) Whether the violation was committed willfully or intentionally;
i
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental M/Ja'nagemCent Commission has regulatory authority; and
8) The cost to the State of the enforcement procedures.
$117.25
ate Jams H Gregson, Regional Supervisor
Water)Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ

Certified Mail # 7013 2630 0002 1133 6327
Return Receipt Requested
November 10, 2016
Gary L Boney
Town of Rose Hill
PO Box 8
Rose Hill, NC 28458
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2016-MV-0129
Permit No. NCO056863
Rose Hill WWTP
Duplin County
Dear Permittee:
PAT `,10.CRORY.
�'arsrnCiJ
-'DI`3 2iL R : f s'' D -E— R VIA �.R' T
'
:�.
IDir�r
A review of the September 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Monitoring Violation(s):
Sample Qtr Ending Monitoring
Location Parameter Date Frequency Type of Violation
001 Effluent Beryllium, Total (as Be) (01012) 9/30/2016 Quarterly Frequency Violation
001 Effluent Chromium, Total (as Cr) (01034) 9/30/2016 Quarterly Frequency Violation �2o
001 Effluent
Copper, Total (as Cu) (01042)
9/30/2016
Quarterly
Frequency Violation
�V
001 Effluent
Dichlorobromomethane
9/30/2016
Quarterly
Frequency Violation
a
(bromodichloromethane) (32101)
001 Effluent
Mercury, Total (as Hg) -
9/30/2016
Quarterly
Frequency Violation
I
Concentration (COMER)
001 Effluent
Silver, Total (as Ag) (01077)
9/30/2016
Quarterly
Frequency Violation,
dc-
001 Effluent
Zinc, Total (as Zn) (01092)
9/30/2016
Quarterly
Frequency Violation
0
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215

Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of
Water Resources may pursue enforcement actions for this and any'additional violations. If the viol ations?-^,t7e of a
continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial
construction activities, then you may wish to consider applying for a Special Order by Consent (SOC).
If you have any questions concerning this matter or to apply for an SOC, please contact Dean Hunkele of the
Wilmington Regional Office at 910-796-7215.
Sincerely,
I s H. Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Wilmington Regional Office -_Enforcement Fide
NPDES Compliance/Enforcement Unit - Enforcement File
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215

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PDES PERIVIIT NO.: NC0056863
CILITY NAME: Rose Hill WWTP
R NAM> : Town of Rose Hill
GRADE: WW -2
eDMR PERIOD: 09-2016 (September 2016)
PERMIT VERSION: 4:0 PERMIT STATUS: Active
CLASS: WW-2Rr { EI)
r COUNTY: Duplin
EN
ORC: William Carl Wheeler ORC CERT NUMBER: 997729
ORC HAS CLANGED: No N o v 0 a Z016
VERSION: 1.0 CEN -1, 1� A L ? �1-z.S STATUS: Processed
5'W'R SECTIOP',!
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
****No Reporting Reason: ENFRUSE =No Flow-Reuse/Recycle; ENV WTHR = No Visitation - Adverse' eaC�l4 411tS MCMJR1LIDAY = No Visitation -Holiday
NOV 0 U 2016
Water Quality Regional
Operations Section
Wilmington Regional Office
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CHLORINE
C0310
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0,2243
28.4
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8.00
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0.7204
4
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0.6228
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0.3056
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.25
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Monthly Average Limit:
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0.45
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2
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5.222222
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0.7204
28.4
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Daily Minimum:
0.0796
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****No Reporting Reason: ENFRUSE =No Flow-Reuse/Recycle; ENV WTHR = No Visitation - Adverse' eaC�l4 411tS MCMJR1LIDAY = No Visitation -Holiday
NOV 0 U 2016
Water Quality Regional
Operations Section
Wilmington Regional Office

RMIT NO.: NCO056863
TY NAME: Rose Hill WWTP
R NAME: Town of Rose Hill
E: WW -2
eDMR PERIOD: 09-2016 (September 2016)
COMPLIANCE: Compliant
PERMIT VERSION: 4.0
CLASS: WW -2
ORC: William Carl Wheeler
ORC HAS CHANGED: No
VERSION: 1_0
CONTACT PHONE #: [phone]
PERMIT STATUS: Active
COUNTY: Duplin
• ORC CERT NUMBER: 997729
STATUS: Processed
SUBMISSION DATE: 10/28/2016
//a 10/28/2016
ORC/Certifi r Sign9ture: Bobby Wayne Cavenaugh E-Mail:[e-mail] Phone #:[phone] Date
By this signature, I certify that this report is accurate and complete to the best of my knowledge.
rhe permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment.
Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be
)rovided within 5 days of the time the permittee becomes aware of the circumstances.
:f the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by partH.E.6 of
:he NPDES permit.
10/28/2016
11ermittee4,Kbmitter Signature:*** Bobby Wayne Cavenaugh E-Mail:[e-mail] Phone #:[phone] Date
?ermittee Address: 287 Charlie Teachey Rd NCSR 1931 Rose Hill NC 28458 Permit Expiration Date: 01/31/2017
certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed
o assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the
system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true,
tccurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for
:Wowing violations.
CERTIFIED LABORATORIES
',AB NAME: Vann Laboratories
MRTIFIED LAB #: 22
'ERSON(s) COLLECTING SAMPLES: William Carl Wheeler
PARAMETER CODES
'arameter Code assistance may be obtained by calling the NPDES Unit [phone] or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/forms.
FOOTNOTES
Jse only units of measurement designated in the reporting facility's NPDES permit for reporting data.
No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR
or entire monitoring period.
* ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204.
** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 213
)506(b)(2)(D).

Hunkele, Dean
From: Hunkele, Dean
Sent: Friday, November 04, 2016 3:18 PM
To: 'Carl Wheeler'
Subject: RE: NCO056863 Rose Hill missing data
Unfortunately Carl nothing. Bobby should have caught this as back-up ORC and submitter. He will just have to breakout
the checkbook again.
Have a good weekend.
Dean Hunkele
Senior Environmental Specialist
Water Quality Regional Operations Section
Division of Water Resources
Department of Environmental Quality
910.796.7215 Reception Desk
910.796.7380 Direct
910.350.2004 Fax
[e-mail]
Wilmington Regional Office
127 Cardinal Drive Ext
Wilmington, NC 28405
L4�Ilk
z
€ d
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
The goal of the Fast Track sewer permit program is to issue a permit in no more than 30 business days from receipt of a complete application and if
no additional information has to be requested upon full review. Please use the Department's Permit Application Tracker to determine the official
application receipt date to allow you to estimate a date for issuance and find the reviewer's name. Once issued, the record stays on the site for 30
days.
For previously issued sewer permit info or to check on sewer certification receipt status, please use the Division's Sewer Extension Permit
Tracker. Using the Issue Date on top of the Engineer Certification Form is best way to ensure getting what you want especially.for multi -version
permits; using today's date only gives info on the latest permit version. Confirmation using this method will replace letters and em ails; it is
recommended that confirmation be printed and/or saved.
Links to both trackers can be found on the sewer permitting site here: https://deg.nc.gov/about/divisions/water-resources/water-resources-
Permits/peres/collection-systems-permits
Subscribe to Collection System Updates listserve to receive automatic alerts for changes to applications, policies, regulations, etc.
From: Carl Wheeler[mai Ito: rosehill.carlwheeler@ern barclmail.com]
Sent: Friday, November 04, 2016 3:09 PM

To: Hunkele, Dean <[e-mail]>
Subject: Re: NCO056863 Rose Hill missing data '
Mr. Hunkele,
When I was first placed as ORC over the Rose Hill WWTP in July I entered the quarterly data for the first
eDMR I worked on for June. The data is correct for the month entered. I have a kit at the facility now for
quarterly sampling (October -December) which I am planning to pull with in the next week for. Apparently
while attempting to organize the facility I overlooked the sampling for the 3rd quarterly set (July -September)
What can I do to correct this?
Thanks,
----- Original Message -----
From: Dean Hunkele <dean.hunkele(a ncdeilr.gov>
To: rosehill carlwheeler<rosehill.carlwheeler(a,embargmail.com>, Bobby Cavenaugh
<roselzill.administratorgeinbargmail.. com>
Sent: Fri, 04 Nov 2016 11:06:32 -0400 (EDT)
Subject: NCO056863 Rose Hill missing data
See attached
Dean Hunkele
Senior Environmental Specialist
Water Quality Regional Operations Section
Division of Water Resources
Department of Environmental Quality
910.796.7215 Reception Desk
910.796.7380 Direct
910.350.2004 Fax
Dean.Hunkele ancdenr.gov
Wilmington Regional Office
127 Cardinal Drive Ext
Wilmington, NC 28405