NC0036641_LV20150266_20151117

North Carolina Department of Environmental Quality
Pat McCrory Donald R. van der Vaart
Governor Secretary
Certified Mail#7014 0510 0000 4466 8796
Return Receipt Requested RECEIVEDIDENRIDWR
November 17, 2015 NOV 2 4 2015
Mr. David S. Wack Water Quality
Permitting SectionFletcher Academy Inc.
P.O. Box 5440
Fletcher,North Carolina 28732-5440
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and NPDES Permit No.NC0036641
Fletcher Academy Inc.
Fletcher Academy WWTP
Case No. LV-2015-0266
Henderson County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$2,959.26($2,800.00 civil penalty
+$159.26 enforcement costs)against Fletcher Academy Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR)
submitted by Fletcher Academy Inc for the month of April 2015. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No.NC0036641. The
violations,which occurred in April 2015, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Fletcher Academy Inc violated the terms,conditions or
requirements of NPDES Permit No.NC0036641 and G.S. 143-215.1(a)(6)in the manner and extent shown in Attachment
A. In accordance with the maximums established by G.S. 143-215.6A(a)(2),a civil penalty may be assessed against any
person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law,and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, I,G. Landon Davidson,
Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Fletcher
Academy Inc:
2090 U.S.70 Highway,Swannanoa,NC 28778
Phone:[phone]\Internet www.ncdenr.gov<http://www.nedenr.gov>
An Equal Opportunity\Affirmative Action Employer-Made in part by recycled paper

$800.00 2 of the 2 violations of 143-215.1(a)(6)and NPDES Permit No.NC0036641, by discharging waste
water into the waters of the State in violation of the Permit Daily Maximum for BOD- Conc.
$0.00 0 of the 2 violations of 143-215.1(a)(6)and NPDES Permit No.NC0036641,by discharging waste
water into the waters of the State in violation of the Permit Daily Maximum for NH3-N- Conc.
$1,000.00 1 of the 1 violations of 143-215.1(a)(6)and NPDES Permit No.NC0036641,by discharging waste
water into the waters of the State in violation of the Permit Monthly Average for BOD-Conc.
$1,000.00 1 of the 1 violations of 143-215.1(a)(6)and NPDES Permit No.NC0036641,by discharging waste
water into the waters of the State in violation of the Permit Monthly Average for NH3-N- Conc.
$2,800.00 TOTAL CIVIL PENALTY
$159.26 Enforcement Costs
$2,959.26 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:
NPDES Compliance/Enforcement Unit
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
1 V request:
I
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-282.1(b)was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of the Division of Water 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(30)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:
NPDES Compliance/Enforcement Unit
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 §150B-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(30)days of receipt of this letter, as evidenced by an internal
date/time received stamp(not a postmark),will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.

If you have any questions,please contact Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at(828)296-4667 or via email at [e-mail].
Sincerely,
2
G.Landon Davidson, Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS
Cc: WQS Asheville Regional Office-Enforcement File (w/attachments)
NPDES Compliance/Enforcement Unit-Enforcement File (w/attachments)
Central Files, Water Quality Section (w/attachments)
James& James Environmental/ORC (w/attachments)
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JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2015-0266 County: Henderson
Assessed Party: Fletcher Academy Inc.
Permit No.: NC0036641 Amount Assessed: $2,959.26
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil
penalty may be granted only when one or more of the following five factors 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) 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 HENDERSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
FLETCHER ACADEMY INC. )
FLETCHER ACADEMY WWTP )
)
PERMIT NO.NC0036641 ) CASE NO. LV-2015-0266
Having been assessed civil penalties totaling$2,959.26 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated November 17, 2015,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
Fletcher Academy Inc
CASE NUMBER: LV-2015-0266 '
PERMIT: NC0036641 FACILITY: Fletcher Academy WWTP COUNTY: Henderson REGION: Asheville
Limit Violations
MONITORING OUTFALL! VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$400.00 4-2015 001 Effluent BOD-Conc 4/23/15 2 X month mg/I 45 61.60 36.9 Daily Maximum Exceeded
$400.00 4-2015 001 Effluent BOD-Conc 4/29/15 2 X month mg/I 45 54.50 21.1 Daily Maximum Exceeded
$1,000.00 4-2015 001 Effluent BOD-Conc 4/30/15 2 X month mg/I 30 49.00 63.2 Monthly Average Exceeded
$0.00 4-2015 001 Effluent NH3-N-Conc 4/8/15 2 X month mg/I 19 20.40 7.4 Daily Maximum Exceeded
$0.00 4-2015 001 Effluent NH3-N-Conc 4/23/15 2 X month mg/I 19 21.70 14.2 Daily Maximum Exceeded
$1,000.00 4-2015 . 001 Effluent NH3-N-Conc 4/30/15 2 X month mg/I 3.80 21.10 453.9 Monthly Average Exceeded

IIS DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT
Violator: Fletcher Academy Inc.
Facility Name: Fletcher Academy WWTP
Permit Number: NC0036641
County: Henderson
Case Number: LV-2015-0266
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;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
2) The duration and gravity of the violation;
Two Daily Max BODs exceeded the permit limit by 36.88%& 21.11%.
One Monthly Average BOD exceeded the permit limit by 63.22%.
Two Daily Max Ammonia Nitrogens exceeded the permit limit by 7.36%&14.21%.
One Monthly Average Ammonia Nitrogen exceeded the permit limit by 453.94%.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved would include the cost of excess solids removal and additional
aeration. It would also include more operating and maintenance time on site and the cost of
additional chemical treatment.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
There have been nine civil penalty assessments in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$159.26
�/q
! /•/}� ' /4
Date G.Landon Davidson,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ

cr;,: ag.,73)
ell
NPDES PERMIT NO. NC0036641 DISCHARGE NO. 001 MONTH APRIL YEAR 2015
FACILITY NAME FLETCHER ACADEMY,INC. CLASS II COUNTY HENDERSON
CERTIFIED LABORATORY(1) JAMES&JAMES ENV.MGT.,INC. CERTIFICATION NO. 482
(list additional laboratories on the backside/page 2 of this form)
OPERATOR IN RESPONSIBLE CHARGE(ORC) KENNETH JASON RUMMEL GRADE II CERTIFICATION NO. 994182 •
PERSON(S)COLLECTING SAMPLES KENNETH JASON RUMMEL ORC PHONE [phone]
CHECK BOX IF ORC HAS CHANGED Li NO FLOW/DISCHARGE FROM SITE* _ 1
Mail ORIGINAL and ONE COPY to:
11 ATTN:CENTRAL FILES
/((441 'l/ , / / 5/2012015DIVISION OF WATER QUALITY A UtCI �11��'L`- ' e I' .B' si 1L-�KUb) llA1 h1617 MAIL SERVICE CENTER IS SIGNAT 4,I CERTIFY THAT THIS REPORT JUN- 20155 !
RALEIGH,NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
I V /�
ro
50050 00010 00400 50060 0 00610 00530 31616 00095 38260 00300 00600 00665 K NI !� {1
F.
Pd
vNPg Oa 1.1 Z6 JOj JKf m i.giD i9n0 Q20 QOu_1 W d v 0]N 7 1- 1-co W u.0 o q of le 0 4° Q Cp¢ F d6iWxtlon Q 0) C`.
ts
HES HRS Y/B/N MGD C UNITS UG/L MG/L MG/L MG/L X/100ML mP/RovcM MG/L MG/L MG/L MG/L
1 1315 1.50 Y 0.051 13.0 7.7 641 9.7
2 1540 0.83 Y 0.059 <15
3IOLIDA` 0.00 0.041 I MAY 2-19 2015
4 0.00 0.041
5, 0.00 1 0.041 ,
6 1625 0.87 Y 0.041 <15 DWR SEC1 ION
7 1540 0.58 Y 0.054 A
8 1345 1.42 Y 0.067 11.9 _ 7.4 _ 30.8 C 20.4 31.5 6.0 641 8.5
9 1500 0.50 Y 0.052 <15 <0.1
10 1430 0.75 Y 0.040
_11 0.00 __0.036 _ _ -. . A
12 0.00 0.036 a l{
13 1640 0.42 Y 0.036 <15 JUN
5
14 1320 0.67 Y 0.048 $'
041--•---
15 1320 0.67 Y 0.060 • -,
16, 1345 1.50 Y 0.081 13.3 7.7 <15 642 8.4
17 1510 0.75 Y 0.058I a 3
18 0.00 0.052 ' L.-)
19 0.00 0.052 0' ° t
20 1455 0.67 Y 0.052 <15 UPS S o Ts a
21 1555 0.50 Y 0.063 'J' a o„
22 1310 0.58 Y 0.046 I J? I u LL
23 1345 1.75 Y 0.058 17.2 7.5 <15 gip gp, 38.7 <4 654 <0.1 8.5 W O Z, ro
24 1445 0.92 Y 0.055 XZ =, 0 n
• y
{
0.00 0.042 n
0.00 0.042 3
1620 0.50 Y 0.042 i <15
28 1505 0.50 Y 0.048
29 1330 1.50 Y 0.043 12.5 7.7 54.5 C 642 9.0
30 1530 0.83 Y 0.053 <15 •
31 0.00
AVERAGE 0.050 13.6 • 0.0 49.0 4110 35.1 4.9 644.0 0.0 8.8 ##q ####
MAXIMUM 0.081 _ 17.2 7.7 <15 61.6 2 . 38.7 6.0 654.0 <0.1 9.7 0.0 0.0
MINIMUM 0.036 11.9 7.4 <15 30.8 20.4 31.5 <4.0 641.0 <0.1 8.4 0.0 0.0
Comp.(C)/Grab(G) CONT G G G C C C G G GGCC
Monthly Limit 0.10 NL 6-9 28 30/45 3.8/19 90/135 200/400 NL NL NL NL NL
11.9-62,575
DWQ Fotw MR-1(11/04)
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•
•
Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
(including weekly averages,if applicable)
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements x
Noncompliant
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the
environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written
submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances.
If the facility is noncompliant,please attach a list of corrective actions being taken and a time-table for improvements to be made as required by Part II.E.6 of
the NPDES permit.
•
"I certify,under penalty of law,that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure
that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system,or those persons
directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate,and complete. I am aware that there
are significant penalties for submitting false information,including the possibility of fines and imprisonment for knowing violations."
FLETCHER ACADEMY
Permittee (Please print or type)
•
•
` + , VrV ). 5/20/2015
gnatu?e ofittee*** 006b Date
_equired submitted electronically)
PO BOX 5335,FLETCHER,NC 28732 828-697-0063 12-31-15
Permittee Address Phone Number e-mail address Permit Expiration Dau
r ',
ADDITIONAL CERTIFIED LABORATORIES -- -- — — 1
Certified Laboratory(2) RESEARCH&ANALYTICAL LABORATORES,INC Certification No. 34
Certified Laboratory(3) Certification No. 3
Certified Laboratory(4) Certification No.
Certified Laboratory(5) Certification No.
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Unit at(919)807-6300 or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/appfoims.
4
• i
Use 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 for the 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 the delegation of the signatory authority must be on
file with the state per 15A.NCAC 2B.0506(b)(2)(D).

4.1"..)z)
4` 00:�.� JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
` , PO BOX 1354, MOUNTAIN HOME,NC 28758
tit/ � rso [phone] OFFICE
11�� [phone] FAX
April 2015-DMR
Client: Fletcher Academy
NPDES PERMIT NUMBER:NC0036641
Dear Client,
We are pleased to notify you that your facility operated most of the month within your National
Pollutant Discharge Elimination System(NPDES)permit.We did experience a result that was greater than
the permit discharge limits. Your permit has both a monthly maximum and a daily maximum. Your
facility exceeded the permit discharge limits on the items listed below:
BOD 23`d-61.6 mg/1
29th—54.5mg/1
49.0 mg/1 monthly average =
AMMONIA NITROGEN 8th—20.4 mg/1
23`'-21.7mg/1
35.1 mg/1 monthly average
This gave a daily maximum violation on three days and did give two monthly violations. We
determined that the cause of the violation was due to the sudden temperature changes that occurred during
this month. We began adding Soda Ash to increase the pH and Alkalinity at the time the increase in
Ammonia Nitrogen was observed. The Soda Ash is being added at the Influent weir and in the final
Effluent. The system is met with the Cane Creek Sewer District and is continuing to investigate installing
aerated tankage to assist with the treatment_ We are also working with the Asheville Regional Office and
Will Buie,PE.
A BOD/COD monitor is on order to measure the levels at different points in the final two
chambers of the lagoon treatment facility. Once the best level is determined,the effluent will then be
collected at that location. This is a temporary attempt to be as compliant as possible while long term
solutions are being considered. Correspondence is forth coming as to the long range plan.
You may receive a monetary fine for this month. Thank you for your understanding in this
matter.
Thank you for choosing James&James as your service company.
z
mita James