NC0036641_Enforcement (Letter)_20180711

Water Quality Regional Operations – Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] / FAX: [phone]
Internet: http://portal.ncdenr.org/web/wq
An Equal Opportunity/ Affirmative Action Employer

July 11, 2018

CERTIFIED MAIL 7017 2620 0000 9759 4520
RETURN RECIEPT REQUESTED

Gary P Carlson
Fletcher Academy Inc
185 Fletcher Academy Dr
Fletcher, NC 28732 Subject: Department of Environmental Quality and
Environmental Management
Commission vs. Fletcher Academy
Special Order by Consent WQ S17006
Stipulated Penalties
SP-2018-0012
NPDES Permit Number NC0036641
Fletcher Academy WWTP
Henderson County
Dear Mr. Carlson:

Fletcher Academy entered into a Special Order by Consent (SOC) WQ S17006 with the
North Carolina Environmental Management Commission whereby operation of the Fletcher
Academy Wastewater Treatment Plant (Fletcher Academy WWTP) has been placed under
interim effluent limitations and an enforceable schedule while the existing WWTP is being
upgraded.

Under section 3 of the Special Order by Consent, Fletcher Academy was required to
comply with interim effluent limitations as set forth in the Consent Order. The WWTP failed to
comply with the interim effluent limitations for Ammonia Nitrogen contained in "Attachment A" of
the Order for the month of April 2018.

After careful review of this matter, I have not found grounds for sufficient justification to
waive the stipulated penalty, therefore, and pursuant to section 3 of the Special Order by
Consent, a stipulated penalty in the amount of $1,000.00 for the Monthly Average violation is
now due for a total of $1,000.00.

Payment by certified check payable to the Department of Environmental Quality must
be submitted to the Department at the address given below within thirty (30) days from receipt
of this demand:

Point Source Compliance/ Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

You are reminded that payment of said penalties mentioned in this letter will not
foreclose further penalties for any future or continuing violations, failure to meet deadline dates,
or interim effluent violations.

If you wish to contest any portion of the civil penalty assessment, you must request an
administrative hearing. This request must be in the form of a written petition to the Office of
Administrative Hearings and must conform to Chapter 150B of the North Carolina General
Statutes.

You must file your original petition with the:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile [phone]

and mail or hand deliver a copy of the petition to:

General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601

If you have any questions concerning this notification please contact Janet
Cantwell of this Office or me at [phone].

Sincerely,

G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations, NCDEQ
Asheville Regional Office

Ec: DWQ Laserfiche

G:\WR\WQ\Henderson\Wastewater\Minors\Fletcher Academy 36641\2017 SOC\SP-2018-0012.doc

ATTACHMENT A

Fletcher Academy Inc.

CASE NUMBER: SP-2018-0012

PERMIT: NC0036641 REGION: Asheville

FACILITY: Fletcher Academy WWTP COUNTY: Henderson
_________________________________________________________________________________

LIMIT VIOLATION(S)
_________________________________________________________________________________

SAMPLE LOCATION: Outfall 001 - Effluent

Violation Report Unit of Limit Calculated % Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount _________________________________________________________________________________
4/30/2018 4-2018 Nitrogen,
Ammonia 2 X month mg/l 10 15.2 52.0 Monthly $1,000.00
Total (as N) Average
Concentration Exceeded _________________________________________________________________________________