DWQ SWP Read File Archive Nov. 2011

....... A
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins Dee Freeman
Governor Director Secretary
November 1, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 4845
Mr. Gerald Jerry Nash
Fletcher Academy Inc.
P.O. Box 5335
Fletcher,North Carolina 28732
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 NC0036641i
Fletcher Academy Inc.
Fletcher Academy WWTP
Case No. LV-2011-0274
Henderson County
Dear Mr.Nash:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$454.50
($312.50 civil penalty+ $142.00 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 February 2011.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0036641. The violations which occurred in
February 2011 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 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 Environment and Natural Resources and the
Director of the Division of Water Quality, I, D. Keith Haynes, Division of Water Quality Acting
Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment
against Fletcher Academy Inc.:
One
NorthCarolina
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwate[guality.org pftA.�

1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$312.50 NC0036641, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N- Cone.
$312.50 TOTAL CIVIL PENALTY
$142.00 Enforcement Costs
$454.50 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. 14313-
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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources(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:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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 Quality 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 14313-282.1(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 Quality 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 Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Z
ely,
D. Keith Haynes, Ac ' g Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments.
James & James Environmental/ORC w/attachments
`i SW1141endersoji"Wascetit itet`_dinor,,, ]etc her Academv 3664).A,V-?Qi I-0274.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0274 County: Henderson
Assessed Party: Fletcher Academy Inc.
Permit No.: NC0036641 Amount Assessed: $454.50
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 applies. 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 ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FLETCHER ACADEMY INC. )
PERMIT NO. NCO036641 ) FILE NO. LV-2011-0274
Having been assessed civil penalties totaling $454.50 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 1, 2011, 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 Quality 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

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 1, 2011
Sally Sandy, City Manager
City of Morganton
P.O. Box 3448
Morganton, N.C. 28680
Subject: Permit No. WQ0035629
City of Morganton
Golf Course Rd. Addition
Wastewater Collection System Extension
Burke County
Dear Ms. Sandy:
In accordance with your application received October 27, 2011, we are forwarding herewith
Permit No. WQ0035629, dated November 1, 2011, to the City of Morganton for the construction and
operation of the subject wastewater collection system extension. This permit shall be effective from the
date of issuance until rescinded, and shall be subject to the conditions and limitations as specified
therein. This cover letter shall be considered a part of this permit and is incorporated therein by
reference. Please send Don Price or Keith Haynes a copy of the "notice to proceed" issued to your
contractor for this collection system extension.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any
individual system-wide collection system permit issued to the Permittee. (Also note Permit Condition 12
regarding future flow allocation to the subject wastewater collection system.)
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the
Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless
specifically mentioned herein. Division approval is based on acceptance of the certification provided by
the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's
responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules.
Failure to comply may result in penalties in accordance with North Carolina General Statute §143-
215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities,
and/or referral of the North Carolina-licensed Professional.Engineer to the licensing board.
Asheville Regional Office Internet www.ncwaterquality.org
2090 US Highway 70,Swannanoa, NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

City of Morganton November 1, 2011 Page 2
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to the City of Morganton for the construction and operation of approximately 376 linear feet of
8-inch gravity sewer to serve 2 3-bedroom residences as part of the Golf Course Road sewer
extension project, and the discharge of 720 gallons per day of collected domestic wastewater into the
City of Morganton's existing sewerage system, pursuant to the application received October 27,
2011 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track
Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other
supporting data subsequently filed and approved by the Department of Environment and Natural
Resources and considered a part of this permit;
The sewage and wastewater collected by this system shall be treated in the City of Morganton's
Wastewater Treatment Facility (Permit No. NC0026573) prior to being discharged into the receiving
stream.
If any parts, requirements, or limitations contained in this permit are unacceptable,you have
the right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
4500.
If you need additional information concerning this matter, please contact Don Price at (828) 296-
Sincerely,
4brCol ,for Coleen . Sullins, Director
Division of Water Quality
cc: Burke County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0026573)
Lee Gragg, PE,PLS/1799 Waterford Way, Morganton, N.C. 28655
Surface Water Protection Section Central Files
PERCS Files
S:ISWP%Burke\Collection SvstemsWorganton Collection Svstem1WQ0035629 Golf Course Rd addition 11 1 2011 doc
ti

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force
Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically
mentioned herein.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system-wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T
.0403:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 days per year). Pump stations that are connected to a telemetry system shall be
inspected at least once per week.
e. High-priority sewer lines shall be inspected at least once per every six-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by
North Carolina General Statute §143-215.1 C.
i
1

PERMIT NO.WQ0035629, City of Morganton,Golf Course Rd.Addition Sewer Extension,Burke County November 1,2011
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied.by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station
and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project
is to be completed in phases and partially certified, you shall retain the responsibility to track
further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27.699-1,617.
7. A copy of the construction record drawings shall,be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG0100100, and any requirements pertaining to wetlands
under 15A NCAC 213 .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

PERMIT NO.WQ0035629 City of Morganton,Golf Course Rd.Addition Sewer Extension,Burke County November 1,2011
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring ;outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
12. [CONSTRUCTION ONLY) This permit shall be for the construction of the wastewater collection
facilities only. Permitted flow (0.000720 MGD) shall be counted as part of SOC WQ S10-005 part
V. allocated flow of 1.150 MGD.
Permit issued this the 1st day of November, 2011
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Coleen H. Sullins, ector
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0035629
i
3

PERMIT NO.WQ0035629, City of Morganton,Golf Course Rd.Addition Sewer Extension,Burke County November 1,2011
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description:
permission is hereby granted to the City of Morganton for the construction and operation of
approximately 376 linear feet of 8-inch gravity sewer to serve 2 3-bedroom residences as part of the
Golf Course Road sewer extension project, and the discharge of 720 gallons per day of collected
domestic wastewater into the City of Morganton's existing sewerage system
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines)of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s) or storage greater than longest past three year outage reliability option selected)for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final
l as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of
Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials.
North Carolina Professional Engineer's
seal, signature, and date:
.................................................................................................
SEND THIS FORM &SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
:.................................................................................................
The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.

ik
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins Dee Freeman
Governor Director Secretary
November 1, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 4821
Mr. James J. Schenker, Environmental Associate
T A Operating LLC
24601 Center Ridge Road
Westlake, Ohio 44145-5634
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 NCO085952
T A Operating LLC
Candler Travel Center WWTP
Case No. LV-2011-0272
Buncombe County
Dear Mr. Schenker:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$267.00
($125.00 civil penalty+ $142.00 enforcement costs) against T A Operating LLC.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by T A Operating LLC for the month of March 2011. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0085952. The violations which occurred in
March 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that T A Operating LLC violated the
terms, conditions or requirements of NPDES Permit NCO085952 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 Environment and Natural Resources and the
Director of the Division of Water Quality, I, D. Keith Haynes, Division of Water Quality Acting
Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment
against T A Operating LLC:
ne
NorthCarolina
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S. Highway 70,Swannanoa,NC 28778 bra
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterauality.org

0 of the 1 violations of G:S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0085952, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for TSS - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$125.00 NC0085952, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD - Conc.
$125.00 TOTAL CIVIL PENALTY
$142.00 Enforcement Costs
$267.00 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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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.
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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)
ram.
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 Quality 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 14313-282.1(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 Quality will review your
evidence and inform you of his decision in the matter Hof 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 Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
J' be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR,
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 DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
8 ' � t
D. Keith Haynes, tng Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments
James &James Environmental/ORC w/attachments
5''S14P'Elitncotvbe',11'tt,t�uaGrCv(mor,lt::andierT'ra�elCen1er859 2\L:V-201L-427—doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0272 County: Buncombe
Assessed Party: T A Operating LLC
Permit No.: NCO085952 Amount Assessed: $267.00
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 applies. 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. 14313-282.1(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 ENVIRONMENT
COUNTY OF BUNCOMBE AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
T A OPERATING LLC / CANDLER TRAVEL )
PERMIT NO. NCO085952 ) FILE NO. LV-2011-0272
Having been assessed civil penalties totaling $267.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 1, 2011,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 Quality 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
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
"Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 2, 2011
Jesse H. and Deborah P. Austin
1170 Oxford Road
Atlanta, Georgia 30306
Subject: Request for More Information
401 Water Quality Certification
Jesse Austin Lot34— Shoreline Stabilization
DWQ Project# 11-0859
Macon County
Response deadline: November 30, 2011
Dear Mr. and Mrs. Austin:
she Division of Water Quality (DWQ)has performed a preliminary review of a 401 Water Quality Certification
-application submitted for the above referenced property. Additional information will be required in order to
complete the review process.
Please provide the following information so that we may continue to review your project. Your contractor,
copied on this letter, is aware of the need for this information
Additional Information Requested:
1. The provided photo documentation indicates that a significant portion of the shoreline is heavily
vegetated. You should evaluate scaling back you project to place stacked bolders only at the
dock/lake access area and stabilizing with rip-rap for the remainder of the shoreline. Please
provide a narrative of this evaluation.
2. Please clarify the length(linear feet) of the shoreline that you wish to stabilize. Also provide an
estimate of the slope of the land at the shoreline (i.e., 2:1 slope, 1:1 slope (2 foot run: 1 foot rise,
etc.)).
3. The DWQ, along with Duke Energy Lake Services, require that you evaluate the feasibility of a)
bioengineered techniques (i.e.,native plantings to alleviate soil erosion in lieu of or in
combination with hard structures), b)rip-rap only, and c)the combination of dry stack wall and
rip-rap. The DWQ will not approve rip-rap or hard structures until the bioengineered (vegetative
planting) option is evaluated.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 1�T�n�t, t
Internet:www.ncwaterquality.org 1�Of C11Ca1011I1�
lVaturallff
An Equal Opportunity 1 Affirmative Action Employer

Austin-Nantahala
November 2,2011
Page 2 of 2
Please provide your response in writing to the addresses below prior to November 30, 2011. Four copies of thee.
required information should be provided to the 401 Permitting Unit at:
Mr. Ian McMillan
401 Permitting Unit
1650 Mail Service Center
Raleigh,NC 27699-1650
and a single copy to the Asheville Regional Office at:
Kevin Barnett
Surface Water Protection Section
2090 US HWY 70
Swannanoa, NC 28778
If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and
we will consider the project withdrawn.
This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Kevin Barnett at 828-296-4650 or
kevin.barnettna,ncdenr.gov , if you have any questions.
Sincerely,
Keith Haynes, cting Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Bob Martin, Bobs Docks (e-copy)
Tyler Crumbley-US Army Corps of Engineers Asheville Field Office (e-copy)
David McHenry-North Carolina Wildlife Resources Commission(e-copy)
Ian McMillan-401 Permitting Unit
Matt Mason, Macon County Planning (e-copy)
Lisa Leatherman, Duke Energy Lake Services
ARO File copy
S:\SWP\Macon\401s\Non-DOT\Austin.Nantahala\AddInfo.Austin Prop.11.2.2011.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
November 2, 2011
Mr. James Rebhan, Developer
Elk River Heights
4202 Gosford Place
Charlotte, NC 28277
Subject: Permit No. W00035605
Elk River Heights
Wastewater Collection System Extension
Avery County
Dear Mr. Rebhan:
In accordance with your application received September 22, 2011, and additional information
i
received on October 3 and 27, 2011, we are forwarding herewith Permit No. WQ0035605, dated
November 2, 2011, to Elk River Heights for the construction and operation of the subject wastewater
collection system extension. This permit shall be effective from the date of issuance until rescinded,
and shall be subject to the conditions and limitations as specified therein. This cover letter shall be
considered a part of this permit and is therefore incorporated therein by reference.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or any
individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria
for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable,
unless specifically mentioned herein. Division approval is based on acceptance of the certification
provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the
Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria
and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute
§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection
facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board.
SURFACE WATER PROTECTION-ASHEVILLE REGIONAL OFFICE OnrthCarolina
Naturally
Location: 2090 U.S. Highway 70,Swannanoa,NC 28778 ofthCa //�
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.org

Mr.James Rebhan November 2, 2011 Page 2
I
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to Elk River Heights for the construction and operation of approximately 788 linear feet of 6-
inch gravity sewer to serve 5 two-bedroom residences as part of the Elk River Heights project, and the
discharge of 1,200 gallons per day of collected domestic wastewater into the Town of Banner Elk's
existing sewerage system, pursuant to the application received September 22, 2011, and additional
information received on October 3 and 27, 2011 and in conformity with 15A NCAC 2H .0200; the
Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains
adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the
Department of Environment and Natural Resources and considered a part of this permit.
The sewage and wastewater collected by this system shall be treated in the Town of Banner
Elk's Wastewater Treatment Facility (Permit No. NC0032115) prior to being discharged into the
receiving stream.
This permit shall become voidable unless the agreement between Elk River Heights and the
Town of Banner Elk for the collection and final treatment of wastewater is in full force and effect.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding. i
If you need additional information concerning this matter, please contact Wanda Frazier at (828)
296-4662.
Sincerely,
for Coleen H. Sullins, Director
Division of Water Quality
cc: Avery County Health Department
Asheville Regional Office, Surface Water Protection —Town of Banner Elk WWTP NC0032115
David Poore, PE; West Consultants, PLLC; 405 South Sterling Street; Morganton NC 28665
Rick Owen, Town Manager, Town of Banner Elk
Water Quality Central Files
PERCS Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force
Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically
mentioned herein.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system-wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2H .0227. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H
.0227:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 days per year). Pump stations that are connected to a telemetry system shall be
inspected at least once per week.
e. High-priority sewer lines shall be inspected at least once per every six-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by
North Carolina General Statute §143-215.1 C.
1

Permit No VV00035605 Mr lamps Rphhan Fk Riypr Hp-ights Avery County Npypmhpr 2 2011
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
\l
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12,
1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump
Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this
project is to be completed in phases and partially certified, you shall retain the responsibility to
track further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. _
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life -�
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 2B .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

Permit No IN00035605 Mr JaMPS RPhhan Elk River Heights Avery Cminfy November 2, 2D11
- a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or(919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
12. Gravity sewers installed greater than ten percent below the minimum required slope per the
Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified
until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been
examined, a slope variance can be requested from the Division with firm supporting
documentation. This shall be done through a permit modification with fee. Such variance requests
will be evaluated on a case by case basis. Resolution of such request shall be evident prior to
completing and submitting the construction certification.
Permit issued this the 2nd DAY OF NOVEMBER, 2011
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Coleen H. Sull' s, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0035606
l
3

Permit No W005356n5 James Rehhan Flk River Hein c
ght AvPcv�Qi�nty Nnypmhar 7011
r
ENGINEERING CERTIFICATION — POST CONSTRUCTION
System Description: construction and operation of approximately 788 linear feet of 6-inch gravity sewer
to serve 5 two-bedroom residences as part of the Elk River Heights project; and the discharge of 1,200
gallons per day of collected domestic wastewater into the Town of Banner Elk's existing sewerage
system
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s) or storage greater than longest past three year outage reliability option selected) for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEERS CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer
in the State of North Carolina, having been authorized to observe(❑ periodically, ❑weekly, ❑ full time)the
construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due
care and diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division)
Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design
Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and
other supporting materials.
North Carolina Professional Engineer's
seal, signature, and date:
:........................................................................................................
SEND THIS FORM &SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS
TO THE FOLLOWING ADDRESS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.

A
;1A,
-.....
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins Dee Freeman
Governor Director Secretary
November 3, 2011
CERTIFIED MAIL 7009 1680 0000 7514 8581
RETURN RECEIPT REQUESTED
Mr. Kevin Heape
Jeld-Wen Inc.
P.O. Box 1329
Klamath Falls, Oregon 97601
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 NC0076180
Jeld-Wen Inc.
Jeld-Wen Fiber of NC
Case No. LV-2011-0275
McDowell County
- Dear Mr. Heape:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$492.00
($350.00 civil penalty+ $142.00 enforcement costs) against Jeld-Wen Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Jeld-Wen Inc. for the month of February 2011. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0076180. The violations which occurred in
February 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Jeld-Wen Inc. violated the terms,
conditions or requirements of NPDES Permit NC0076180 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 Iperson 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 Environment and Natural Resources and the
Director of the Division of Water Quality, I, D. Keith Haynes, Division of Water Quality Acting
Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment
against Jeld-Wen Inc.:
One
Aaturattty
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.org

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0076180, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for BOD - Cone.
U
0 of the 1 violations;of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0076180, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Cone.
1 of the 1 violations of G.S. 143-215.l(a)(6) and NPDES Permit No.
$100.00 NC0076180, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS - Cone.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0076180, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD - Cone.
$350.00 TOTAL CIVIL PENALTY
$142.00 Enforcement Costs
$492.00 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-
2 82.1(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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

OR
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 Quality 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 14313-282.1(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 Quality 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 Adm nistrative Hearing, and Stipulation of Facts"form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
,?Sin Keith Hayn , Acting Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments
Jim English/General Manager Jeld-Wen (Marion, NC) w/attachments
KACE Environmental/ORC w/attachments
St�l'1R1cC3cell 4l tt�teti-trier',tilustrz_il;iad-t"e3 7611 SO�4 V-201 1-0271�.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0275 County: McDowell
Assessed Party: Jeld-Wen Inc.
Permit No: NC0076180 Amount Assessed: $492.00
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 applies. 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 ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
JELD-WEN INC./ JELD-WEN FIBER OF NC )
PERMIT NO. NCO076180 ) FILE NO. LV-2011-0275
Having been assessed civil penalties totaling $492.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 3, 2011,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 Quality 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

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 3, 2011
CERTIFIED MAIL 7009 1680 0000 7514 8574
RETURN RECEIPT REQUESTED
Mr. Ik Soo Kim, Owner
I T & K Enterprises
3365 Sugar Hill Road
Marion,North Carolina 28752
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 NCO086428
I T &K Enterprises
Marion Travel Plaza WWTP
Case No. MV-2011-0040
F->, McDowell County
Dear Mr. Kim:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$5,649.00 ($5,475.00 civil penalty+ $174.00 enforcement costs) against I T &K Enterprises.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by I T &K Enterprises for the month of December 2010.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0086428. The violations which occurred in
December 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that I T &K Enterprises violated the
terms, conditions or requirements of NPDES Permit NCO086428 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 Environment and Natural Resources and the
Director of the Division of Water Quality, l,D. Keith Haynes, Division of Water Quality Acting
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against I T & K Enterprises: One
or NthCarolina
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone: [phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwatercivality.org

$293 75 For 5 of the 5 failures to properly monitor MBAS in violation of
NPDES Permit No. NC0086428.
$312.50 For 5 of the 5 failures to properly monitor DO in violation of NPDES
Permit No. NC0086428.
For 5 of the 5 failures to properly monitor NH3-N - Cone in
$437.50 violation of NPDES Permit No. NC0086428.
537.50 For 5of the 5 failures to properly monitor Oil & Grease in violation
of NPDES Permit No. NC0086428.
$487.50 For 5 of the 5 failures to properly monitor Fecal coliform in violation
of NPDES Permit,No.NC0086428.
$312.50 For 5 of the 5 failures to properly monitor pH in violation of NPDES
Permit No. NC0086428.
$406.25 For 5 of the 5 failures to properly monitor TSS in violation of
NPDES Permit No. NC0086428.
$468.75 For 5of the 5 failures to properly monitor BOD in violation of
NPDES Permit No. NC0086428.
$625.00 For 19 of the 19 failures to properly monitor Temperature in
violation of NPDES Permit No. NC0086428.
$625.00 For 10 of the 10 failures to properly monitor Total Residual -
Chlorine in violation of NPDES Permit No. NC0086428.
$968.75 For 30 of the 30 failures to properly monitor Flow in violation of
NPDES Permit No. NC00.86428.
$5,475.00 TOTAL CIVIL PENALTY
$174.00 Enforcement costs
$5,649.00 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-
2 82.1(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 days of receipt of this notice, you must do one of the following:

1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 Quality 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 14313-282.1(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 Quality 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 Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should /
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
1:�Keith aynes A ng Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments
^,,,Stifft''a4cl�t�+�eif,ti",i,t G+<rtcr',tilirit�rs (<aric�r 1'rewll'}��z bG 28'AIL'-?Ol1-Ol:-40,doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: MV-2011-0040 County: McDowell
Assessed Party: I T & K Enterprises
Permit No. : NCO086428 Amount Assessed: $5,649.00
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. § 14313-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. 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. 14313-282.1(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 ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
I T &K ENTERPRISES / MARION }
TRAVEL PLAZA WWTP )
PERMIT NO.NCO086428 ) FILE NO. MV-2011-0040
Having been assessed civil penalties totaling $5,649.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 3, 2011,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 Quality 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

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 3, 2011
CERTIFIED MAIL 7009 1680 0000 7514 8598
RETURN RECEIPT REQUESTED
Mr. Ik Soo Kim, Owner
I T & K Enterprises
3365 Sugar Hill Road
Marion,North Carolina 28752
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 NCO086428
I T & K Enterprises
Marion Travel Plaza WWTP
Case No. MV-2011-0039
McDowell County
Dear Mr. Kim:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$4,504.00 ($4,330.00 civil penalty+ $174.00 enforcement costs) against I T & K Enterprises.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by I T &K Enterprises for the month of November 2010.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0086428. The violations which occurred in
November 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that I T &K Enterprises violated the
terms, conditions or requirements of NPDES Permit NCO086428 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. 143-2.15.1(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 Environment and Natural Resources and the
Director of the Division of Water Quality, I, D. Keith Haynes, Division of Water Quality Acting
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against I T & K Enterprises:
One
-- �aturallr�
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone: [phone]\FAX: [phone]\Customer Service: 1-877-623-6748
Internet:www.ncwa quality.org

$235.00 For 5 of the 5 failures to properly monitor MBAS in violation of
NPDES Permit No. NC0086428.
$250.00 For 5 of the 5 failures to properly monitor DO in violation of NPDES '
Permit No. NC0086428
For 5 of the 5 failures to properly monitor NH3-N -Conc in
$350.00 violation of NPDES Permit No.NC0086428.
$430.00 For 5of the 5 failures to properly monitor Oil & Grease in violation
of NPDES Permit No. NC0086428.
$390.00 For 5 of the 5 failures to properly monitor Fecal coliform in violation
of NPDES Permit No. NC0086428.
$250.00 For 5 of the 5 failures to properly monitor pH in violation of NPDES
Permit No. NC0086428.
$325.00 For 5 of the 5 failures to properly monitor TSS in violation of
NPDES Permit No. NC0086428.
$375.00 For 5of the 5 failures to properly monitor BOD in violation of
NPDES Permit No. NC0086428.
$475.00 For 19 of the 19 failures to properly monitor Temperature in
violation of NPDES Permit No. NC0086428.
$500.00 For 10 of the 10 failures to properly monitor Total Residual
Chlorine in violation of NPDES Permit No. NC0086428. , '
$750.00 For 30 of the 30 failures to properly monitor Flow in violation of
NPDES Permit No. NC0086428.
$4,330.00 TOTAL CIVIL PENALTY
$174.00 Enforcement costs
$4,504.00 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 days of receipt of this notice, you must do one of the following:

1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 Quality 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 14313-282.1(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 Quality 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 Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sin5Frely,
D. Keith Haynes, ting Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments
S:Sze P'• l 1�i>«yell•��'aste�aatdrCvtha�;ti',�1a_n�>�i 1'r�avel I'Liza 8642 i M -201 1-00:.39-disc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: MV-2011-0039 County: McDowell
Assessed Party: I T & K Enterprises
Permit No. : NC0086428 Amount Assessed: $4,504.00
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. § 14313-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. 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. 14313-282.1(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 ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
IT & K ENTERPRISES / MARION )
TRAVEL PLAZA WWTP )
PERMIT NO. NCO086428 ) FILE NO. MV-2011-0039
Having been assessed civil penalties totaling $4,504.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 3, 2011,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 Quality 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

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NCDENR
North Carolina Department of Environment and Natural Resources
\ Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 4, 2011
Shane Dale
Town of Burnsville
PO Box 97
Burnsville NC 287140097
SUBJECT: Pretreatment Compliance
Inspection
Burnsville WWTP
Permit No: NCO020290
Yancey County
Dear Mr. Dale:
Enclosed please find a copy of the Pretreatment Compliance Inspection Report
f from the inspection which I conducted of the Town's approved modified pretreatment
program on September 14, 2011. The Town's Pretreatment Annual Report (PAR) for
2010 was also reviewed. The pretreatment program was found to be in Compliance with
applicable pretreatment regulations and with permit NC0020290.
Please refer to the enclosed inspection report for additional observations and
comments. Your assistance during the inspection was greatly appreciated. If you have
any questions, please do not hesitate to call me at 828-296-4500.
Sincerely,
6KeithHayn
Environmental,Sr. Specialist
Enclosure
cc: PERCS
Central Files
Asheville Files
— S:\SWP\Yancey0astewater\Municipal\Burnsville WWTP 20290\pretreatrnent\PCiletter9.14.11.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778 OnrthCarolina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 /i
Internet:www.ncwaterouality.ora �atura!!rf

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United States Environmental Protection Agency Form Approved.
EPA
Washington,D.C.20460 OMB No.2040-0057
Approval expires 8-31-98
Section A: National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 151 31 NC0020290 111 121 11/09/14 117 18U 19I S L!
I 201 1
Remarks C! 1=
21IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved----------------------
67I 169 70U 71 U 721 73L_U 74 75I I I ( I I 1180
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
09:30 AM 11/09/14 06/09/01
Burnsville WWTP
NCSR 1138 Exit Time/Date Permit Expiration Date
Burnsville NC 28714 11:35 AM 11/09/14 10/09/30
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
///
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Shane Dale,PO Box 97 Burnsville NC 287140097//828-682-2420/8286827757 No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Pretreatment
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Keith Haynes 0--y-
ARO WQ//828-296-4500/ / 1 19 1/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type 1
3I NCO020290 I11 12I 11/09/14 ( 17 18u
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
See attached PCI form for details.
Page# 2

NORTH CAROLINA DIVISION OF WATER QUALITY
PRETREATMENT COMPLIANCE INSPECTION (PCI) REPORT
BACKGROUND INFORMATION [Complete Prior To PCI; Review Program Info Database Sheet(s)]
Control Authority(POTW)Name: Town of Burnsville
2. Control Authority Representative(s): Shane Dale
3. Title(s): Pretreatment Coordinator
4. Last Inspection Date:_09/23/09 Inspection Type(Check One): ® PCI ❑ Audit
5. Has Program Completed All Requirements from the Previous Inspection and Program Info Sheet(s)? ®YES ❑NO
6. Is POTW under an Order That Includes Pretreatment Conditions? ❑YES ®NO
Order Type,Number,Parameters: Are Milestone Dates Being Met? ❑YES ❑NO
PCS CODING
Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type
Nj I N I C 1 0 1 0 1 2 10 12 19 10 1 1 09 114 1 11 1 L P j L_S_j L-1i
(DTIA) (TYPI) (INS P) (FA CC)
7. Current Number Of Significant Industrial Users(SIUs)? 1 SIUS
8. Current Number Of Categorical Industrial Users(CIUs)? 1 CIUS
9. Number of SIUs Not Inspected By POTW in the Last Calendar Year? 0
10.Number of SIUs Not Sampled By POTW in the Last Calendar Year? 0
11.Enter the Higher Number of 9 or 10 0 NOIN
12.Number of SIUs With No IUP,or With an Expired IUP 0 NOCM
13.Number of SIUs in SNC for Either Reporting or Limits Violations During Either of the Last 2 0
Semi-Annual Periods(Total Number of SIUs in SNC) PSNC
__14.Number of SIUs in SNC For Reporting During Either of the Last 2 Semi-Annual Periods 0 MSNC
Number of SIUs In SNC For Limits Violations During Either of the Last 2 Semi-Annual Periods 0 SNPS
16.Number of SIUs In SNC For Both Reporting and Limits Violations During Either of the Last 2 0
Semi-annual Periods
POTW INTERVIEW
17. Since the Last PCI,has the POTW had any NPDES Limits Violations? YES ❑NO
If Yes,What are the Parameters and How are these Problems Being Addressed? d and Cadmium
[v7a
olations ended
18. Since the Last PCI,has the POTW had any Problems Related to an Industrial ❑YES ®NO
Discharge(Interference,Pass-Through,Blockage,Citizens' Complaints,Increased
Sludge Production,Etc.)?
If Yes,How are these Problems Being Addressed?
19. Which Industries have been in SNC for Limits or Reporting during SNC for Limits: none
either of the Last 2 Semi-Annual Periods?Not Been Published for SNC for Reporting: none
Public Notice?(May refer to PAR if Excessive SIUs in SNC) Not Published:NA
20. Which Industries are on,Compliance Schedules or Orders?For all SIUs on an
Order,Has a Signed Copy of the Order been sent to the Division? None
21. Are Any Permits Or Civil Penalties Currently Under Adjudication?If Yes,Which ❑YES ®NO
Ones?
LTMP/STMP FILE REVIEW:
22. Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ®YES ❑NO
23, Are Correct Detection Levels being used for all LTMP/STMP Monitoring? ®YES ❑NO
'-" Is LTMP/STMP Data Maintained in a Table or Equivalent? ❑YES ®NO Is Table Adequate? ❑YES ❑NO
J All LTMP/STMP effluent data reported on Discharge Monitoring Report? ❑YES Z NO DWQ
26. If NO to 23 -26,list violations Unknown as data is not in computer.
27. Should any Pollutants of Concern be Eliminated from or Added to LTMP/STMP? ❑YES ®NO
If yes,which ones?Eliminated: Added:
NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 1

28. PRETREATMENT PROGRAM ELEMENTS REVIEW— Please review POTW files,verify POTW has copy of Program Element in
their files,complete with supporting documents and copy of PERCS Approval Letter,and dates consistent with Pro ram Info:
Program Element Last Submittal Last Approval Date Next Due,
Date In rile? Date In file If Applicable
Headworks Analysis(HWA) 8115111 ®Yes❑ No In house ❑Yes® No
Industrial Waste Survey IWS) 5/21/10 ®Yes❑ No 7/16/10 ®Yes❑ No 12/1/13
Sewer Use Ordinance SUO 8/15/07 ❑Yes® No 8/21/07 ❑Yes® No -
Enforcement Response Plan(ERP) 5/21/10 ❑Yes® No 7/16/10 ®Yes❑ No -
Long Term Monitoring Plan(LTMP) 7/17/06 ®Yes❑ No 7/19/06 ®Yes❑ No -
INDUSTRIAL USER PERMIT(IUP)FILE REVIEW(3 IUP FILE REVIEWS OR 1 FILE REVIEW AND 1 IU INSPECTION)
29. User Name IF 1.Altee 2. 3.
30. IUP Number 1 0 (—
31. Does File Contain Current Permit? ®Yes ❑ No ❑Yes El No ❑Yes ❑ No
32. Permit Expiration Date 9/30/15
33. Categorical Standard Applied(I.E.40 CFR,Etc.)Or N/A 433
34. Does File Contain Permit Application Completed Within One Year Prior ®Yes ❑ No ❑ Yes ❑ No ❑Yes ElNo
to Permit Issue Date?
35. Does File Contain an Inspection Completed Within Last Calendar Year? ®Yes ❑ No ❑ Yes ❑ I El Yes ❑ No
36. a.Does the File Contain a Slug/Spill Control Plan? a. ®Yes[-]No a. ❑Yes ONO a. ❑Yes ON
b.If No,is One Needed?(See Inspection Form from POTW) b. ❑Yes[]No 11 b. ❑Yes❑No b. ❑Yes ❑No
37. For 40 CFR 413 and 433 TTO Certification,Does File Contain a Toxic ®Yes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A
Organic Management Plan(TOMP)?
11
38. a.Does File Contain Original Permit Review Letter from the Division? a. ®Yes ONO a. ❑Yes ONO a. ❑Yes ONO
b.All Issues Resolved? 11 baYes❑No❑N/A b.❑Yes❑No❑N/A b.❑Yes❑No❑N/A
39. During the Most Recent Semi-Annual Period,Did the POTW Complete ®Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No
its Sampling as Required by IUP, including flow? 11 /
40. Does File Contain POTW Sampling Chain-Of-Custody Forms? I ❑Yes ® No 11 ❑Yes ❑ Rol [:1 Yes ❑ No
41. During the Most Recent Semi-Annual Period,Did the SIU Complete its ®Yes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A
Sampling as Required b IUP, includingflow?
41b. During the Most Recent Semi-Annual Period,Did SIU submit all reports ®Yes❑No❑N/AF❑Yes❑No❑N/A ❑Yes❑No❑N/A
on time?
42a.For categorical IUs with Combined Wastestream Formula(CWF),does ❑Yes❑No®N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A
file includeprocess/dilution flows as Required by IUP?
42b.For categorical IUs with Production based limits, does file include ®Yes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A
production rates and/or flows as Required by IUP?
43a. During the Most Recent Semi-Annual Period,Did the POTW Identify ®Yes ❑ No ❑Yes ❑ No ❑ Yes ❑ No
All Limits Non-Compliance from Both POTW and SIU Sampling?
43b. During the Most Recent Semi-Annual Period,Did the POTW Identify ❑Yes❑NoON/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A
All Re ortin Non-Compliance from SIU Sampling?
44. a. Was the POTW Notified by SIU(Within 24 Hours)of All Self- a.❑Yes❑No®N/A a.❑Yes❑No❑N/A a.❑Yes❑No❑N/A
Monitoring Violations?
b. Did Industry Resample and submit results to POTW Within 30 Days? b.❑Yes❑No®N/A b.❑Yes❑No❑N/A b.❑Yes❑No❑N/A
c.If applicable,Did POTW resample within 30 days of becoming aware c.❑Yes❑No®N/A
of SIU limit violations in the POTW's sampling of the SIU? c.❑Yes❑No❑N/A c.❑Yes❑No❑N/A
45. During the Most Recent Semi-Annual Period,Was the SIU in SNC? ❑Yes ® No ❑Yes ❑ No ❑Yes ❑ No
46. During the Most Recent Semi-Annual Period,Was Enforcement Taken ❑Yes❑NoON/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A
as Specified in the POTW's ERP(NOVs,Penalties,timing,etc.)?
47. Does the File Contain Penalty Assessment Notices? I ❑Yes❑No®N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A
48. Does The File Contain Proof Of Penalty Collection? r ❑Yes❑NoON/A 11 ❑Yes❑No❑N/A ❑Yes❑No❑N/A
49. a.Does the File Contain Any Current Enforcement Orders? a.❑Yes❑NoON/A a.❑Yes❑No❑N/A a.❑Yes❑No❑N/A
b. Is SIU in Compliance with Order? b.❑Yes❑No®N/A b.❑Yes❑No❑N/A b.❑Yes❑No❑N/A
50. Did the POTW Representative Have Difficulty in Obtaining Any of This ❑Yes ® No ❑ Yes No ❑ Yes ❑ No
Requested Information For You? 11
NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 2

FILE REVIEW COMMENTS: Most required components of the program were available and readily found. Items missing were due
to the recent retirement of the previous pretreatment coordinator not leaving all files where the new coordinator could easily find
everything.
INDUSTRY INSPECTION PCS CODING:
Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type
INS j I 1 I I I J 1 J L S D L 2 j
(DTIA) (TYPI) (INSP) (FACC)
1. Industry Inspected:
2. Industry Address:
3. Type of Industry/Product:
4. Industry Contact: Title:
Phone: Fax:
5.Does the POTW Use the Division Model Inspection Form or Equivalent? ❑YES ❑NO
6. Did the POTW Contact Conduct the Following Parts of the Industrial Inspection Thoroughly?
Comments:
A. Initial Interview ❑YES ❑NO
B. Plant Tour ❑YES ❑NO
C. Pretreatment Tour ❑YES ❑NO
D. Sampling Review ❑YES ❑NO
E. Exit Interview ❑ YES ❑NO
Industrial Inspection Comments: An industrial inspection was not performed during this inspection as the State inspector had been on a site
visit to Altec,the POTW's only SIU,within the last year.
OVERALL SUMMARY AND COMMENTS:
Comments: Overall the program was better condition than the last inspection of 2009. STMP data should be maintained on a spreadsheet.
Requirements: Chain of Custodies for the POTW sampling events should be kept on file. During the next SIU inspection,the POTW needs
to make sure the indusn spill plan is up-to-date.
Recommendations:
NOD: ® YES ❑ NO
NOV: ❑YES ®NO
QNCR: ❑YES ® NO
,.-'TW Rating:
I
Satisfactory X Marginal UnSatisfactory
PCI COMPLETED BY: Keith Haynes DATE: September 14,2011
NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 3

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 4, 2011
CERTIFIED MAIL 7009 1680 0000 7514 8604
RETURN RECEIPT REQUESTED
Mr. Jerry Sisk
Coats American Inc.
P.O. Box 368
Marion,North Carolina 28752
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 NC0004243
Coats American Inc.
Sevier Plant WWTP
Case No. LV-2011-0277
McDowell County
Dear Mr. Sisk:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$7,329.50 ($7,187.50 civil penalty+ $142.00 enforcement costs) against Coats American Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Coats American Inc. for the month of February 2011.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0004243. The violations which occurred in
February 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Coats American Inc. violated the
terms, conditions or requirements of NPDES Permit NC0004243 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.l(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 Environment and Natural Resources and the
Director of the Division of Water Quality,I, D. Keith Haynes, Division of Water Quality Acting
Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment
against Coats American Inc.:
NorthCarohna
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE'
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www ncwaterouality.ora

2 of the 4 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$625.00 NC0004243, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for TSS - Oty Daily.
1 of the 1 violations of G.S. 143-215.1 a 6 and NPDES Permit No.
$937.50 NC0004243, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Oty
Daily.
9 of the 9 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$2,812.50 NC0004243, by discharging wastewater into the waters of the State
in violation of the Permit Daily Maximum limit for BOD - Oty
Daily.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$937.50 NC0004243, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD - Oty
Daily.
3 of the 4 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$937.50 NC0004243, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for COD - Qty
Daily•
1 of the 1 violations;of G.S. 143-215.1(a)(6) and NPDES Permit No.
$937.50 NC0004243, by discharging waste water into the waters of the State %
in violation of the Permit ,Monthly Average limit for COD- Qt `
Daily•
7 187.50 TOTAL CIVIL PENALTY
$142.00 Enforcement Costs
$7,329.50 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. 14313-
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 thirtys of receipt of this notice
days p , you must do one of the following:

1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 Quality 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 14313-282.1(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 Quality 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 Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
D. Keith Haynes, ting Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments
ti:lSt�1'tiic[:)oGa�li',ti1'atitrwtrler13�i1usUiatl('oat 042431IN-2011-0277.doc

JUSTIFICATION FOR REMISSION REQUEST
DW Case Number: LV-2011-0277 Q County: McDowell
Assessed Party: Coats American Inc.
Permit No.: NC0004243 Amount Assessed: $7,329.50
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. § 14313-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. 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 ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
COATS AMERICAN INC./ SEVIER PLANT )
PERMIT NO. NC0004243 ) FILE NO. LV-2011-0277
Having been assessed civil penalties totaling $7.329.50 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 4, 2011,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 Quality 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

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NCDENR
- North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Dee Freeman
Governor Director
Secretary
November 4, 2011
Clint Calhoun
Town of Lake Lure
P.O. Box 255
Lake Lure,NC 28746
Subject: 401 Water Quality Certification -Approval
Morse Park Wetland Enhancement
DWQ Project# 11-0944
Rutherford County
BRD01 /Broad River(Lake Lure)/ 9-(17) /B;Tr
Dear Mr. Calhoun:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 1.67 acres of wetlands and 0.12 acres of
open waters for the purpose of wetland enhancement at the subject property. This approval requires you to
follow the conditions listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3689 and 3821. This Certification
allows you to use Nationwide Permits 27 and 42 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including (but not limited to)Erosion and Sediment
Control and trout buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 NorthCarollna
Internet:www.ncwaterquality.org
dltllrv`fff
An Equal Opportunity Affirmative Action Employer

Clint Calhoun
November 4,2011
Page 2 of 2
Amount Approved (Units) Plan Location or Reference
404/CAMA Wetlands 0.23 (acres)permanent Project Figures
1.32 (acres) temporary
Waters 0.12 (acres) Project Figures
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Chuck Cranford in the Asheville Regional Office
at 828-296-4664.
Sincerely,
Coleen H. Sullins, Director
CHSlcbc
Enc: GC3689 and GC3821
Certificate of Completion
cc: Liz Hair- USACE
WBSCP Unit
File Copy
S:\S WP\Rutherford\401 s\Non-DOT\LakeLureMorsePark\APRVL.11-0944.11.02.11.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 7,2011
Mr. Alan Guffey
Rutherford County Airport Authority
622 Airport Road
Rutherfordton,NC 28139
SUBJECT: NPDES Stormwater Permit Compliance Inspection
Rutherford County Airport
Permit No: NCG150038
Rutherford County
Dear Mr. Gaffey:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
November 1, 2011. The facility was found to be in compliance with permit NCG150038.
Enclosed is a copy of the Compliance Inspection Report,which contains additional observations
` and comments for your reference.
\ Please contact me at [phone] or chuck.cranford(ilncdenr.gov , if I can be of any further
assistance.
Sincerely,
Chuck Cranford
Environmental Specialist
Surface Water Protection
Enclosure
cc: ARO copy
S:\SWP\Rutherford\Stormwater\NCG15 Airports\Rutherford County Airport\CEI.11.01.11.doc
i
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 �TOne 1
Internet:www.ncwaterquality.org tv orthCarolina.
An Equal Opportunity i Affirmative Action Employer vVaturally

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Compliance Inspection Report
Permit: NCG150038 Effective: 01/15/10 Expiration: 08/31/14 Owner: Rutherford County Airport Authority
SOC: Effective: Expiration: Facility: Rutherford County Airport
County: Rutherford 622 Airport Rd
Region: Asheville
Rutherfordton NC 28139
Contact Person: Alan Guffey Title: Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 11/01/2011 Entry Time: 03:00 PM Exit Time: 04:30 PM
Primary Inspector: Chuck Cranford Phone:
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Air Transportation Stormwater Discharge COC
Facility Status: ■ Compliant El Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1

Permit: NCG150038 Owner-Facility: Rutherford County Airport Authority
Inspection Date: 11/01/2011 Inspection Type: Compliance Evaluation Reason for Visit: Routine �ll\
Inspection Summary:
DWQ staff was met on site by Bob Howard and Jason Kennedy(WK Dickson). A tour was conducted of the facility,
observing the stormwater conveyances and outfalls and site conditions. Prior to the inspection, the inspector had
received and reviewed the SPPP, which was found to be well-developed. During the visit, the SPPP was discussed and
operational activities and existing stormwater exposures were discussed. At the time of the inspection the site Was found
to be in compliance with the permit. The inspector noted that the facility appeared to maintain good housekeeping
practices.
A thorough inspection of stormwater conveyances and outfalls was conducted during the site visit. The inspector did not
identify any stormwater discharge outfalls (SDOs)discharging stormwater directly to surface waters. Therefore, coverage
under the NCG150000 permit is not required.
Mr. Howard indicated the airport will likely maintain the permit considering future development at the facility might
generate a discharge and having the permit in place would be preferential. If the facility continues coverage under the
permit, compliance with the SPPP will be required.
`may
Page: 2

Permit: NCGI50038 Owner-Facility: Rutherford County Airport Authority
Inspection Date: 11/01/2011 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Stormwater Pollution Prevention Plan Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan? ■ n n n
#Does the Plan include a General Location(USGS)map? ■ n n n
#Does the Plan include a"Narrative Description of Practices"? ■ n n n
#Does the Plan include a detailed site map including outfall locations and drainage areas? ■ n n n
#Does the Plan include a list of significant spills occurring during the past 3 years? ■ n n n
#Has the facility evaluated feasible alternatives to current practices? ■ n n n
#Does the facility provide all necessary secondary containment? ■ n ❑ n
#Does the Plan include a BMP summary? ■ n n n
#Does the Plan include a Spill Prevention and Response Plan(SPRP)? ■ n Cl n
#Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ n n n
#Does the facility provide and document Employee Training? ■ n n n
#Does the Plan include a list of Responsible Party(s)? ■ n n n
#Is the Plan reviewed and updated annually? ■ n n n
#Does the Plan include a Stormwater Facility Inspection Program? ■ n n ❑
Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ n n
Comment:
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ■ Cl Q
Comment:
Permit and Outfalls Yes No NA NE
#Is a copy of the Permit and the Certificate of Coverage available at the site? ■ n F11 n
#Were all outfalls observed during the inspection? ■ n n n
#If the facility has representative outfall status, is it properly documented by the Division? n n ■ C1
#Has the facility evaluated all illicit(non stormwater)discharges? ■ n n n
Comment:
Page: 3

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PIAA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
-;Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 7,2011
Mr. William D. Franklin, Jr., Safety Supervisor
c/o Ms.Laura Rodgers
General Dynamics Information Technology
5095 Old River Road
Waynesville,NC 28786
Subject: No Exposure Certification—Approval
NCGNE0788
General Dynamics Information Technology
Haywood County
Dear Mr. Franklin:
The Division has reviewed your application for a No Exposure Certification for Exclusion(NE)for the subject facility. Based
on the information provided and a site visit conducted on November 3, 2011,the NE has been approved
r ``lease note that you are obligated to maintain no-exposure conditions at your facility. If conditions change such that your
__<acility can no longer qualify for a NE,you are obligated to immediately obtain NPDES permit coverage for your
stormwater discharge. Otherwise,the discharge becomes subject to enforcement as an un-permitted discharge. Your NE
does not expire. In order to help assure that your facility stays in compliance with all of the conditions in the
Certification,you must self-recertify your facility at least annually. Please see the attachment for information on self-
recertification.
Your conditional exclusion from permitting does not affect your facility's legal requirements to obtain environmental permits
that may be required under other federal, state, or local regulations or ordinances.
If you have any questions or need further information,please contact Susan A.Wilson at 828-296-4500, or at
Susan.A.Wilsongncdenr.gov.
Sincere ,-,f
For Coleen H. S lins
Enc.
cc: Stormwater Permitting Unit/Ken Pickle,No-Exposure Files
ARO Files
SASWP\Haywood\Stormwater\3-No Exposures\General Dynamics.NCGNE0788.11 2011.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 North.Carollna
Internet:www.ncwaterquality.org
Airturally
An Equal Opportunity\Affirmative Action Employer

�l
No-Exposure Self Re-Certification Information-
You are obligated to maintain no-exposure* conditions at your facility. If conditions change such that
your facility can no longer qualify for a no-exposure exclusion, you are obligated to immediately obtain
NPDES permit coverage for your stormwater discharge. Otherwise, the discharge becomes subject to
enforcement as an un-permitted discharge. State statute provides for fines of up to $25,000 per day for
un-permitted discharges.
Your conditional no-exposure exclusion must be self re-certified at least annually as follows:
- Complete the re-certification at a minimum of once per year using the included Self Re-
Certification Form.
(additional copies can be downloaded from http://portal.nedenr.org/web/wq/ws/su/npdessw#tab-5)
- Maintain a record of re-certifications on file at the facility. Do not submit the re-certification to
DWQ unless requested. If requested, submit a copy of the re-certification to the Division and/or
the municipality in which the facility is located.
During an inspection by DWQ or local government, provide the re-certifications immediately
upon request.
- Notify the Division of any changes in ownership, significant facility and/or activity changes, or if
the facility can no longer maintain no-exposure.
-Allow the NPDES permitting authority or, if discharging into a municipal separate storm sewer
system, the operator of the system, to: (1) inspect the facility; and (2) make such inspection reports
publicly available upon request.
*"No exposure" means that all industrial materials and activities are protected by a storm resistant shelter to
prevent exposure to rain, snow, snowmelt, and/or runoff. Industrial materials or activities include, but are not
limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate
products, by-products, final products, or waste products. Material handling activities include the storage,
loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product
or waste product. (40 CFR 122.26(g))
Information and forms related No-Exposure Certifications can be accessed on the website at:
http://portal.ncdenr.org/web/wq/ws/su/npdessw#tab-5
Rev.30Aug2010

�f1�►T;�,,,
NCDENR
- North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
November 7, 2011
Mr. Nathan Clark, Planning Director
Town of Maggie Valley
3987 Soco Road
Maggie Valley,NC 28751
Subject: Stream Determination
Lee Property, Trinity Cove, PIN: 8607-62-5180
Haywood County
Dear Mr. Clark:
The Division of Water Quality (DWQ) staff(Susan Wilson and Kevin Barnett)met with you, at your request,
and Mr. John Schreiber, Contractor, on November 3, 2011 to perform a stream determination along the tributary
behind the Lee property.
�'he stream behind the Lee townhome was identified as "intermittent'' and is considered a surface water, subject
to regulatory authority by the DWQ. The stream cannot be impacted without obtaining permission from DWQ
and/or the Army Corp of Engineers. The stream is an unnamed tributary to Factory Branch, a Class B surface
water in the French Broad River Basin.
While the stream is not classified as Trout or subject to the 25 foot riparian buffer, DWQ recommends that the
proposed deck structure be at least 10 feet from the top of stream bank, and more if feasible. Any vegetative
buffer will help ensure stability of the intermittent stream and reduce erosion capacity.
Should you have further questions about this determination or this letter,please contact me at(828) 296—4500
or at susan.a.wilsongncdenr.gov.
Sincerely,
/rSusan A. Wilson, Environmental Engineer
Enclosure: Stream ID Form, Topo
Cc: John Schreiber, 910 Jonathan Creek Rd., Waynesville,NC 28785
ARID Files
-,.------- S:\SWP\Haywood\Stream Calls\Lee Property Spy Rock Rd\Lee Property.Stream ID.11 2011.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 one
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 N 1, t
O1l.Il.,a
Internet:www.ncwaterquality.org 1�Ol'Clt�af
Alturally
An Equal Opportunity\Affirmative Action Employer

NC DWQ Stream Identification Form Version 4.11
Date:
ProJectf8ite: U Latitude: 3GT 31
Evaluator: IA�4 W(L,901--J County: 9 Longitude:Aq 41
Total Points: VJccD -7
Stream Deter I lQuIc
Stream Is at least intermittent circle one Other
if a 19 or perennial if 2:30 Ephemera Itten
rterm Y"erennial e.g.Quad Name:
A. Georriorphology (Subtotal Absent Weak Moderate Strong
18'.Continuity of channel bed and bank 0 1 2
2 3
:�3
2.Sinuosity of channel along thalweg 0 2 3
3. In-channel structure:ex.riffle-pool,step-pool,
- ripple-pool sequence 0
4. Particle size of stream substrate 0 1 2
5.Active/relict floodplain
2 3
6. Depositional bars or benches 0 2 3
7.Recent alluvial deposits 0 1a 3
8. Headcuts p 1 2 _3
9.Grade control 0 0.5 1
10.Natural valley 0 0.5
11.Second or greater order channel Cft=g Yes=3
.artificial ditches are not rated;see discussions In manual
B. Hydrology (Subtotal= (G
12.Presence of Baseflow p 1 2
13.Iron oxidizing bacteria 1 2 3
14.Leaf lifter 1. 1 0.5 0
15.Sediment on plants or debris 0 0.5- 1
16.Organic debris lines or piles 1 0 0.5 1
17.Soil-based evidence of high water table? No=O --- ----(Yes
C. Biology (Subtotal= 5 -
18.Fibrous roots in streambed g 2 1 0
19.Rooted upland plants in streambed 3 2 1 0
20.Macrobenthos(note diversity and abundance) r-0) 1 2 3
21.Aquatic Mollusks 1 2 3
22.Fish (700 0,5 1 1.5
23.Crayfish 0.5 F 1 1,5
24.Amphibians 05. 1 1.5
.25.Algae (9) 0,5 1 1.5
26.Welland plants in streambed FACW=0.75; OBL=1.5 ether'=-U_ 4�
*perennial streams may also be identified using other methods.See p.35 of manual.
Notes: 2�5
Sketch:
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FEET

ANA`
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
I verly Eaves Perdue Coleen H.Sullins Dee Freeman
governor Director Secretary
November 8, 2011
MEMORANDUM
TO: Pamela R. Williams,Bridge Project Planning Engineer,NCDOT
FROM: Michael R. Parker,NCDWQ,Asheville Regional Office
SUBJECT: Division 14 Design Build Bridge Replacement Program Scoping Review Comments
In reply to your request,the NCDWQ offers the following comments for the projects listed below:.
Project Specific Comments
190018 Bridge No. 18 over Owl Creek,NCSR 1340,Cherokee County
I. Owl Creek is classified C waters; however,NCWRC has indicated that this stream contains rainbow
trout. NCDWQ recommends that the most protective sediment and erosion control BMP's be
implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances
within trout buffers shall be conducted in accordance with the NC Division of Land Resources and
NC Wildlife Resources Commission.
2. Should NC Wildlife Resources Commission (NCWRC) identify these waters as naturally reproducing
trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In
additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled
"Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and
construction of the project.
190036 Bridge No.36 over Webb Creek,NCSR 1384,Cherokee County
1. The Left Fork of Webb Creek is classified C waters.; however,NCWRC has indicated that this stream
contains rainbow trout. NCDWQ recommends that the most protective sediment and erosion control
BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all
disturbances within trout buffers shall be conducted in accordance with the NC Division of Land
Resources and NC Wildlife Resources Commission.
2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing
trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In
additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled
"Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and
construction of the project.
i
>.RFACE WATER PROTECTION SECTION-Asheville Regional Office One
2090 U.S.Highway 70,Swannanoa,North Carolina 28778-8211 NofthCarolina
Phone:[phone] FAX:[phone] ��L pr�/C�r�
Customer Service:1-877-623-6748 l !�
Internet:www,ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

370087 Bridge No.87 over Cochran Creek,NCSR 1250,Graham County
1. Cochran Creek is classified C waters.
2. NCDWQ has no specific comments for this project. '
490055 Bridge No.55 over Long Branch,NCSR 1552,Jackson County
1. Long Branch is class C waters.
2. NCDWQ has no specific comments for this project.
490098 Bridge No.98 over Fisher Creek,NCSR 1446,Jackson County
l. Fisher Creek is classified C-trout waters. NCDWQ recommends that the most protective sediment
and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters.
In addition,all disturbances within trout buffers shall be conducted in accordance with the NC
Division of Land Resources and NC Wildlife Resources Commission.
2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing
trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In
additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled
"Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and
construction of the project.
490252 Bridge No.252 over East Fork of Dicks Creek,NCSR 1389,Jackson County
, I
1. The East Fork of Dicks Creek is classified C waters; however,NCWRC has indicated that this stream
contains rainbow trout. NCDWQ recommends that the most protective sediment and erosion control
BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all
disturbances within trout buffers shall be conducted in accordance with the NC Division of Land
Resources and NC Wildlife Resources Commission.
2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing
trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In
additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled
"Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and
construction of the project.
550278 Bridge No.278 over Poplar Cove Creek,NCSR 1308,Macon County
1. Poplar Cove Creek is classified as WS-III trout waters. NCDWQ recommends that the most
protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity
violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in
accordance with the NC Division of Land Resources and NC Wildlife Resources Commission
2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing
trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In
additions,NCDWQ will require that NCDOT.strictly adhere to North Carolina regulations entitled
"Design Standards in Sensitive Watersheds" [15ANCAC 04B .0124] throughout design and
construction of the project.
550308 Bridge No.308 over Watauga Creek,NCSR 1500,Macon County
1. Watauga Creek is class C-trout waters of the State. NCDWQ recommends that the most protective
sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout
waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the
NC Division of Land Resources and NC Wildlife Resources Commission.

2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing
trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In
additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled
"Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and
construction of the project.
550315 Bridge No.315 over East Fork Overflow Creek,NCSR 1618,Macon County
1. The East Fork Overflow Creek is classified C-trout ORW waters. NCDWQ recommends that the
most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity
violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in
accordance with the NC Division of Land Resources and NC Wildlife Resources Commission.
2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing
trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In
additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled
"Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and
construction of the project.
3. NCDOT may be required to obtain a State Stormwater permit for this project in accordance with 15A
NCAC 2H .1000. This will depend on the amount of new impervious surface on the new bridge.
860131 Bridge No. 131 over Chestnut Cove Creek,NCSR 1122, Swain County
1. Chestnut Cove Creek is class C waters.
2. NCDWQ has no specific comments for this bridge project.
430102 Bridge No. 102 over Plott Creek,NCSR 1173,Haywood County
1. Plott Creek is classified C-trout waters. NCDWQ recommends that the most protective sediment and
\ erosion control BMP's be implemented to reduce the risk of turbidity violations in trout
waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the
NC Division of Land Resources and NC Wildlife Resources Commission.
2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing
trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In
additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled
"Design Standards in Sensitive Watersheds" [I 5A NCAC 04B .01241 throughout design and
construction of the project.
430309 Bridge No.309 over Rogers Cove Creek,NCSR 1373,Haywood County
1. Rogers Cove Creek is classified as C waters.
2. NCDWQ has no specific comments for this bridge project.
430310 Bridge No.310 over Laurel Branch,NCSR 1348,Haywood County
1. Laurel Branch is classified C waters.
2. NCDWQ has not specific comments for this bridge project.
430314 Bridge No.314 over Arrington Branch (Rogers Branch),NCSR 1355,Haywood County
1. Arrington Branch is classified as C waters.
2. NCDWQ has no specific comments for this bridge project.

430317 Bridge No.317 over Stevens Creek,NCSR 1346,Haywood County
1. Stevens Creek is classified C waters.
2. NCDWQ has no specific comments for this bridge project.
440314 Bridge No.314 over Perry Creek,NCSR 1141,Henderson County
1. Perry Creek is classified as B waters.
2. NCDWQ has no specific comments on this bridge project.
440318 Bridge No.318 over Meminger Creek,NCSR 1217,Henderson County
1. Meminger(Meninger)Creek is classified as C waters.
2. NCDWQ has no specific comments for this project.
740144 Bridge No. 144 over Panther Creek,NCSR 1138,Polk County
1. Panther Creek is classified as C-trout waters. NCDWQ recommends that the most protective
sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout
waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the
NC Division of Land Resources and NC Wildlife Resources Commission.
2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing
trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In
additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled
"Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and
construction of the project.
870028 Bridge No.28 over Morton Creek,NCSR 1316,Transylvania County
1. Morton Creek is classified as C-trout waters. NCDWQ recommends that the most protective
sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout
waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the
NC Division of Land Resources and NC Wildlife Resources Commission.
2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing
trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In
additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled
"Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and
construction of the project.
General Comments Regarding Bridge Replacement Proiects
1. NCDWQ is very concerned with sediment and erosion impacts that could result from these projects.
NCDOT shall address these concerns by describing the potential impacts that may occur to the
aquatic environments and any mitigating factors that would reduce the impacts.
2. If foundation test borings are necessary; it shall be noted in the document Geotechnical work is
approved under General 401 Certification Number 3687/Nationwide Permit No. 6 for Survey
Activities.
3. Any Bridge considered a Low Impact Bridge Project must fall under Nationwide Permit No. 3 to %
qualify for Low Impact; otherwise, standard permitting procedures will be required. Example
(Regional General Permit No. 31,Nationwide Permit No. 23,Nationwide Permit No. 13, etc.)

4. Whenever possible,NCDWQ prefers spanning structures. Spanning structures usually do not require
work within the stream or grubbing of the stream banks and do not require stream channel
realignment. The horizontal and vertical clearances provided by bridges shall allow for human and
wildlife passage beneath the structure. Fish passage and navigation by canoeists and boaters shall not
be blocked. Bridge supports(bents)should not be placed in the stream when possible.
5. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across
the bridge and pre-treated through site-appropriate means(grassed swales, pre-formed scour holes,
vegetated buffers,etc.)before entering the stream. Please refer to the most current version of
NCDWQ's Stormwater Best Management Practices.
6. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge
Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water
Quality Certification.
7. Bridge piles and bents shall be constructed using driven piles(hammer or vibratory)or drilled shaft
construction methods.More specifically,jetting or other methods of pile driving are prohibited without
prior written approval from NCDWQ first.
8. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface
waters. This water shall be captured,treated, and disposed of properly.
9. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by
NCDWQ in this certification.
10. All bridge construction shall be performed from the existing bridge,temporary work bridges,
temporary causeways,or floating or sunken barges. If work conditions require barges,they shall be
floated into position and then sunk. The barges shall not be sunk and then dragged into position.Under
no circumstances should barges be dragged along the bottom of the surface water.
11. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
12. If concrete is used during construction,a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall
not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and
fish kills.
13. Heavy equipment shall be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the introduction of other pollutants into the stream. This equipment
shall be inspected daily and maintained to prevent contamination of surface waters from leaking fuels,
lubricants,hydraulic fluids,or other toxic materials.
14. If temporary access roads or detours are constructed, the site shall be graded to its preconstruction
contours and elevations. Disturbed areas shall be seeded or mulched to stabilize the soil and
appropriate native woody species shall be planted. When using temporary structures the area shall be
cleared but not grubbed. Clearing the area with chain saws, mowers, bush-hogs, or other mechanized
equipment and leaving the stumps and root mat intact allows the area to re-vegetate naturally and
minimizes soil disturbance.

J
15. Sediment and erosion control measures sufficient to protect water resources must be implemented and
maintained in accordance with the most recent version of North Carolina Sediment and Erosion Control
Planning and Design Manual and the most recent version of NCS000250.
16. In most cases, the NCDWQ prefers the replacement of the existing structure at the same location with
road closure. If road closure is not feasible, a temporary detour shall be designed and located to avoid
wetland impacts,minimize the need for clearing and to avoid destabilizing stream banks. If the
structure will be on a new alignment, the old structure shall be removed and the approach fills removed
from the 100-year floodplain. Approach fills shall be removed and restored to the natural ground
elevation. The area shall be stabilized with grass.and planted with native tree species. Tall fescue shall
not be used in riparian areas.
Thank you for the opportunity to provide comments at this time. NCDOT is reminded that issuance of a
401 Water Quality Certification requires that appropriate measures be instituted to ensure that water
quality standards are met and designated uses are not degraded or lost. If you have any questions or
require additional information,please contact Mike Parker at 828-296-4500.
cc: Lori Beckwith,USACE,Asheville Field Office
Josh Deyton,NCDOT,Division 14 Bridge Manager
Mark Davis,NCDOT,Division 14 Environmental Officer
Marla Chambers,NCWRC
Dave McHenry,NCWRC
Transportation Permitting Unit '
NCOT Design Build Bridge Replacement Program Scoping Commdnts Division 14 I

J'j A
.`., 4
NCDENR
- North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION
November 8, 2011
CERTIFIED MAIL 7010 1870 0003 0875 4869
RETURN RECEIPT REQUESTED
The Honorable Mel L. Cohen, Mayor
City of Morganton
PO Box 3448
Morganton, NC 28680
Subject: Department of Environment and Natural
Resources and Environmental Management
Commission vs: City of Morganton
Special Order by Consent WQ S10-005
NPDES Permit Number NCO026573
Stipulated Penalties SP-2011-003 & 004
Catawba River WWTP
Burke County
Dear Mayor Cohen:
�- The City of Morganton entered into a Special Order by Consent (SOC)WQ S10-005 with the North
Carolina Environmental Management Commission whereby operation of the City of Morganton
Catawba River Wastewater Treatment Plant (WWTP) has been placed under interim effluent limitations
and an enforceable schedule while the existing WWTP is being upgraded.
Under part III of the Special Order by Consent, the City was required to comply with interim effluent
limitations as set forth in the Consent Order. The City failed to comply with the interim effluent
limitations for Total Suspended Solids, BOD, 5-day and Fecal Coliform contained in "Attachment A" of
the Order for the month(s) of March 2011 and May 2011.
You were notified of the violation and your right to justify the City's failure to meet the interim effluent
limitation in a Notice of Violation NOV-SP-2011-003.& NOWSP-2011-004 dated September 9, 2011.
No reply has been received by this office from the City regarding the cause of the violation(s), or the
City's response. Therefore, after careful review of this matter,,I have not found grounds for sufficient
justification to waive the stipulated penalties, therefore,.and pursuant to paragraph 3 of the Special
Order by Consent, a stipulated penalty in the amount of$6,000.00 is now due for said violations.
Payment by certified check payable to the Department of Environment and Natural Resources
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 Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
North Carolina Division of Water Quality,Asheville Regional Office
Location:2090 U.S.Hwy.70,Swannanoa,North Carolina 27107 One
Phone:[phone] FAX:[phone] l Customer Service:1-877-623-6748 NOrthCarollna
Internet:www.ncwaterquality.org Ndurod
An Equal Opportunity 1 Affirmative Action Employer �/
N

City of Morganton
Permit#NCO026573
SOC-EMC-WQ-S10-005
NOV-SP-2011-0003&NOV-SP-2011-0004
Stipulated Penalties
Page 2
You are reminded that payment of said penalties mentioned ned in this letter well 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 Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
If you have any questions concerning this notification please contact Mr. Don Price at (828) 296-
4500, in our Asheville Regional Office.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: DENR General Counsel
NPDES Unit
SOC Files
Asheville Regional Office
S:\SWP\Burke\Wastewater\Municipal\Morganton WWTP 26573\NOV-SP-2011-0003 0004 Demand Letter doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
November 8, 2011
CERTIFIED MAIL 7009 1680 0000 7514 8611
RETURN RECEIPT REQUESTED
Mr. Ik Soo Kim, Owner
I T& K Enterprises
3365 Sugar Hill Road
Marion,North Carolina 28752
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 NCO0864.28
I T &K Enterprises
Marion Travel Plaza WWTP
Case No. LV-2011-0284
McDowell County
Dear Mr. Kim:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$829.50
($687.50 civil penalty+$142.00 enforcement costs) against I T& K Enterprises.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by I T &K Enterprises for the month of April 2011. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0086428. The violations which occurred in
April 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that I T &K Enterprises violated the
terms, conditions or requirements of NPDES Permit NCO086428 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 Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against I
T&K Enterprises: One
� NorthCarolina
- Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone: [phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwatergualitv.org

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$312.50 NC0086428, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N- Conc.
3 of the 3 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$375.00 NC0086428, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for NH3-N- Conc.
687.50 TOTAL CIVIL PENALTY
$142.00 Enforcement Costs
$829.50 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-
2 82.1(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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina' 27699-1613
OR
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 Quality 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 14313-282.1(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 Quality 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 Quality also requests that
fication for Remission Request." Both forms should
you complete and submit the enclosed"Justi
be submitted to the following address:
Point Source ComplianceBnforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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
i 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 DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck Cranford Re ion�l Su 3erv'g p isor
Surface Water Protection Section
Asheville Regional Office -J
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments
Environmental Inc./ORC w/attachments
S l.Slll'.hleDcwvell',�'si.te�a�Ycr�1inc,r>•:Maric,n Travel Pl.va 86428AN-201 1-0284.doe

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0284 County: McDowell
Assessed Party: I T & K Enterprises/Ik Soo Kim/ _Marion Travel Plaza
Permit No: NC0086428 Amount Assessed: $829.50
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 applies. 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. 14313-282.1(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:

/ _\i
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STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
I T &K ENTERPRISES/ IK SOO KIM/ )
MARION TRAVEL PLAZA )
PERMIT NO. NCO086428 ) FILE NO. LV-2011-0284
Having been assessed civil penalties totaling $829.50 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 8, 2011,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 Quality 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

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 8, 2011
CERTIFIED EMAIL 70091680 0000 7515 2519
RETURN RECEIPT REQUESTED
Mr. Jerry Sisk
Coats American Inc.
P.O. Box 368
Marion,North Carolina 28752
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 NC0004243
Coats American Inc.
Sevier Plant WWTP
Case No. LV-2011-0279
-� McDowell County
C
Dear Mr. Sisk:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$454.50
($312.50 civil penalty+ $142.00 enforcement costs) against Coats American Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by Coats American Inc. for the month of March 2011. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0004243. The violations which occurred in
March 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Coats American Inc. violated the
terms, conditions or requirements of NPDES Permit NC0004243 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 ahy 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 Environment and Natural Resources and the
Director of the Division of Water Quality, I, D. Keith Haynes, Division of Water Quality Acting
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Coats American Inc.:
One
NorthCarolina
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S. Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.om

0 of the 2 violations of,G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0004243, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD - Oty
Daily
0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0004243, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD - Qty
Daily
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$312.50 NC0004243, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for TSS - Qty Daily.
$312.50 TOTAL CIVIL PENALTY
$142.00 Enforcement Costs
$454.50 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 Conclusion's of Law and the factors set forth at G.S. 143B-
2 82.1(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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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.
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 Quality 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 14313-282.1(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 Quality 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
C ; 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 Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 of
the Water Quality staff of the Asheville Regional Office at 828-296-4500. i
Sincerely,
Chuck Cranford, Regional S ervisor
Surface Water Protection S ction
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments
5:�51k`i'C(�'icC)< �eli'GL'<�tewnlerlLi�IusErral,C'oats O4'l43\1.C'-21')1 L-(12i9.itpc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0279 County: McDowell
Assessed Party: Coats American Inc./Sevier Plant
Permit No.: NC0004243 Amount Assessed: $454.50
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 applies. 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:

%,_�
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STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
COATS AMERICAN INC.I SEVIER PLANT )
PERMIT NO. NC0004243 ) FILE NO. LV-2011-0279
Having been assessed civil penalties totaling $454.50 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 8, 2011, 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 Quality 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

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
November 8, 2011
CERTIFIED MAIL-7009 1680 0000 7514 8628
RETURN RECEIPT REQUESTED
Mr. Kevin Heape
Jeld-Wen Inc.
P.O. Box 1329
Klamath Falls, Oregon 97601
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 NCO076180
Jeld-Wen Inc.
Jeld-Wen Fiber of NC WWTP
Case No. LV-2011-0280
McDowell County
Dear Mr. Heape:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$242.00
($100.00 civil penalty + $142.00 enforcement costs) against Jeld-Wen Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by Jeld-Wen Inc. for the month of March 2011. This review
has shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NC0076180. The violations which occurred in March 2011
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Jeld-Wen Inc. violated the terms,
conditions or requirements of NPDES Permit NC0076180 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 Environment and Natural Resources and the
Director of the Division of Water Quality, l, D. Keith Haynes, Division of Water Quality Acting
Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment
against Jeld-Wen Inc.:
NorthCarolina
�atundy
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70, Swannanoa,NC 28778 4"
Phone:[phone]\FAX: [phone]\Customer Service: 1-877-623-6748
Internet:www.ncwateraualitv.orci

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0076180, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for
0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0076180, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Conc.
1 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0076180, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS - Conc.
$100.00 TOTAL CIVIL PENALTY
$142.00 Enforcement Costs
$242.00 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. 14313-
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;
i
(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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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 o£
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 Quality 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 14313-282.1(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 Quality 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.
_i 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 Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 of
the Water Quality staff of the Asheville Regional Office at'828-296-4500.
Sincerely,
Chuck Craiffbrd, Regional S rvisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments
KACE Environmental/ORC w/attachments
Jim English/Jeld-Wen/Marion Plant w/attachments
S:'.:S41-P1McthmelP'.WastitiaterihuiustriallJelii-1Ven 7,6180'11_V-_101 4-02SO.doc
i—
�jJ.

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0280 County: McDowell
Assessed Party: Jeld-Wen Fiber of NC
Permit No.: NC0076180 Amount Assessed: $242.00
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 applies. 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 ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
JELD-WEN FIBER OF NC )
PERMIT NO. NCO076180 ) FILE NO. LV-2011-0280
Having been assessed civil penalties totaling $242.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 8, 2011, 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 Quality 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

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NCDENR
_ North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
November 8, 2011
CERTIFIED MAIL 70101870 0003 0875 4852
RETURN RECEIPT REQUESTED
Mr. Bo Caldwell, Senior Director
Henderson County Board of Education
414 Fourth Avenue West
Hendersonville,North Carolina 28793
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 NCOO66681
Henderson County Board of Education
West Henderson High School WWTP
Case No. LV-2011-0281
,- Henderson County
Dear Mr. Caldwell:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$592.00
($450.00 civil penalty+ $142.00 enforcement costs) against Henderson County Board of
Education.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Henderson County Board of Education for the month of
March 2011. This review has shown the subject facility to be in violation of the discharge
limitations and/or monitoring requirements found in NPDES Permit NCO066681. The violations
which occurred in March 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Henderson County Board of
Education violated the terms, conditions or requirements of NPDES Permit NCO066681 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 Environment and Natural Resources and the
Director of the Division of Water Quality, I, D. Keith Haynes, Division of Water Quality Acting
j- Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Henderson County Board of Education:
One
orthCaroll/ina
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE �iltlll'Q«lf
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone: [phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterauality.org <,

1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0066681, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD -Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0066681, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0066681, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD - Conc.
$450.00 TOTAL CIVIL PENALTY
$142.00 Enforcement Costs
$592.00 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. 143 B-
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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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 o£
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 Quality 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 14313-282.1(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 Quality 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 Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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
j' 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 DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck Cr ford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments
Trevco/ORC w/attachments
S.ISWM11--Ienderson Was tewater'Minors\West IIcnderson.IIi h School 06681\LV-2011-0281.doc

JUSTIFICATION FOR REMISSION REQUEST
County: Henderson
DWQ Case Number: LV-2011-0281 t3'�
Assessed Party: Henderson County Board of Education/West Henderson High
Permit No. NC0066681 Amount Assessed: $592.00
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 applies. 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:
d
i

__
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1
_ �

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
HENDERSON COUNTY BOE/ )
WEST HENDERSON HIGH SCHOOL )
PERMIT NO. NCO066681 ) FILE NO. LV-2011-0281
Having been assessed civil penalties totaling $592.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 8, 2011,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 Quality 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

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
-"Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 8, 2011
Xiao Li Ruon
Oak Valley Hardwoods Inc
PO Box 245
Mill Spring NC 28756
SUBJECT: NPDES Stormwater Permit Compliance Inspection
Oak Valley Hardwoods, Inc.
Permit No: NCG210229
Polk County
Dear Mr. Li Ruon:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
October 18, 2011. The facility was found to be non compliant with permit NCG210229.
Enclosed is a copy of the Compliance Inspection Report,which contains the relevant information
regarding your facility and its non compliance with the stormwater permit.
Please contact me at(828) 296-4500 or linda.wiggsgficdenngov, if I can be of any further
assistance.
Sincerely,
-� `
Linda Wiggs
Environmental Specialist
Surface Water Protection
Enclosure
cc: Central Files
Asheville Files
Ralph Laughter
S:\SWP\Polk\Stormwater\NCG21Timber\OakValley(A&L Lumber)NCG210229\CEI.201I.Itr.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 0110
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NOrthCarohna
Internet:www.ncwaterquality.org
Naturally
An Equal Opportunity\Affirmative Action Employer

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Compliance Inspection Report
Permit: NCG210229 Effective: 08/01/08 Expiration: 07/31/13 Owner: Oak Valley Hardwoods Inc
SOC: Effective: Expiration: Facility: Oak Valley Hardwoods, Inc.
County: Polk 206 Will Green Rd
Region: Asheville
Mill Spring NG 28756
Contact Person: Xiao Li Ruon Title: Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 10/18/2011 Entry Time: 01:55 PM Exit Time: 02:40 PM
Primary Inspector: Linda S Wiggs Phone: [phone]
Ext.4653
Secondary Inspector(s):
Reason for Inspection: Follow-up Inspection Type: Compliance Evaluation
Permit Inspection Type: Timber Products Stormwater Discharge COC
Facility Status: Cl Compliant ■Not Compliant
Question Areas:
Storm Water
(See attachment summary)
r
Page: 1

Permit: NCG210229 Owner-Facility: Oak Valley Hardwoods Inc
Inspection Date: 10/18/2011 Inspection Type: Compliance Evaluation Reason for Visit: Follow-up
Inspection Summary:
Site visit with DLR (Shawna Riddle)to see if NCG010000 could be closed out. DLR is leaving site open.
NCG210229
Main basin needed cleaning out, check dams needed cleaning as well. Met with new site Mgr Andy Fier.Told Andy to
clean out basin and traps. Told him that secondary containment was needed for dip tank. He said the stilling basin had
been created down by the recycle tank. I told him to make sure overland flow from dip tank area, and entrance went to the
main basin as designed.This will require maintenance of inlet(CB#3 on Odom and Assoc plan sheet 1 of 1 dated
3/16/10)and pipe under rear haul road. If maintenance of these structures is ignored flows will not make it to the basin
and will flow towards stilling basin,which is not designed to carry these flows.
Inspector did not do a full inspection. But contacted Kristy, Sandy(office personnel), and Ralph Laughter later by phone to
get sample results and check to see if SP3 had been updated. It appears sampling and SP3 are still non compliant.
Owner needs to specifically assign someone to keep up with permit compliance, there appears to be too much turn over
or confusion at the facility and they are not sure who is keeping up with permit requirements. Owners names are Grace
and Jimmy.
Conversation with Ralph Laughter: He thought Ken Deaver(lab contractor)was performing analytical monitoring. Spoke
with Ken he said he was not because sawdust was not kept on site.exposed for greater than 7 days. I told Ralph if they
could maintain good housekeeping onsite then they would not have to do analytical monitoring. But if housekeeping is not
kept up and mulch, bark, chips etc become an issue then analytical monitoring will need to be performed.
Ralph also stated the recycle tank is drained slowly approximately once a year and will not bypass the stilling basin which
could potentially cause water quality impacts.
Regarding secondary containment for the dip tank Ralph feels it is not necessary because if it had a leak it would flow to
the recycle tank which would be the secondary containment.
**If this is a feasible alternative and the recycle system were to receive a leak from dip tank, the Division of Water Quality ;''
would have to be notified immediately;the recycle system would have to be pumped and properly disposed of and could
not be discharged to stilling basin unless properly evaluated and proven non toxic.
**MSDS sheet for chemicals used in dip tank should be evaluated. Ralph was told they pose no harm to environment.
Other chemicals known to the inspector that are used in dip tanks such as brighteners, and antistain chemicals do have
an ecological rating of"toxic to fish and wildlife". MSDS sheets should be obtained online or from chemical salesperson to
verify ecological information.
**Use of the dip tank is such that the wood being treated can remain over the tank a sufficient amount of time and allowed
to drip dry so the chemical is not scattered beyond the tank.
Copies of all analytical monitoring data previously performed need to be submitted to:
DENR
Attn: Linda Wiggs
2090 HWY 70
Swannanoa, NC 28778
or Fax: [phone]
Qualitative monitoring still has to be performed and the SP3 still has to be developed and implemented.
Refer to permit Part II Section A and Part II Section C.
Page: 2

Permit: NCG210229 Owner-Facility: Oak Valley Hardwoods Inc
Inspection Date: 10/18/2011 Inspection Type: Compliance Evaluation Reason for Visit: Follow-up
Stormwater Pollution Prevention Plan Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan? ❑ ■ n n
#Does the Plan include a General Location(USGS)map? n ■ n ❑
#Does the Plan include a"Narrative Description of Practices"? n ■ n n
#Does the Plan include a detailed site map including outfall locations and drainage areas? n ■ n
#Does the Plan include a list of significant spills occurring during the past 3 years? ❑ ■ n
#Has the facility evaluated feasible alternatives to current practices? n ■
#Does the facility provide all necessary secondary containment? n ■ n n
#Does the Plan include a BMP summary? n ■ n n
#Does the Plan include a Spill Prevention and Response Plan(SPRP)? ❑ ■ ❑ n
#Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? n ■ n ❑
#Does the facility provide and document Employee Training? n ■ n n
#Does the Plan include a list of Responsible Party(s)? n ■ ❑ n
#Is the Plan reviewed and updated annually? n ■ n n
#Does the Plan include aStormwater Facility Inspection Program? n ■ n n
Has the Stormwater Pollution Prevention Plan been implemented? ❑ ■ n n
Comment: Facility has an old template of a SP3 that has not been updated. Email to
facility dated July 28, 2010 explained permit coverage. Based on phone conversations
with Sandy, Kristy and Ralph facility has not updated their SP3. Another email will be
sent pointing out SP3 section in permit.
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? n ■ ❑ n
Comment: Inspector requested monitoring forms but did not receive any.
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? n ■ n n
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? n ■ n n
Comment: Inspector requested monitoring data but did not receive any. Spoke with
Ralph Laughter, he said Ken Deaver with Kace contract labs was coming out to sample.
Ken said he was not sampling because they were not required to sample due to
sawdust going into tractor trailers. Sample results need to be sent to inspector. See
summary for more details.
r
Permit and Outfalls Yes No NA NE
Page: 3

Permit: NCG210229 Owner-Facility: Oak Valley Hardwoods Inc
Inspection Date: 10/18/2011 Inspection Type: Compliance Evaluation Reason for Visit: Follow-up
#Is a copy of the Permit and the Certificate of Coverage available at the site? fl n 0 ■
#Were all outfalls observed during the inspection? ■ 0 0
#If the facility has representative outfall status,is it properly documented by the Division? ❑ ❑ ■ 0
#Has the facility evaluated all illicit(non stormwater)discharges? ❑ ❑ ❑ ■
Comment: Did not go to office during site visit, but spoke with Sandy in office at a later
date and directed her to website to print off another cc of the permit.
Primary outfall at main basin was observed. Stilling basin by recycle tank below wetting
area not observed, but inspector was informed that stilling basin had been created to
deal with drainging of recycle tank and that the majority of overland flows were being
directed to main basin. See summary
Page: 4

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
- Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 9, 2011
Mr. Radford L. Thomas, Director, Public Utilities
City of Lenoir
P.O. Box 958
Lenoir, North Carolina 28645-0958
Subject: NOTICE OF VIOLATION
NOV-2011-DV-0267
Permit No.WQCS00035
City of Lenoir(Lower Creek)
Lenoir Collection System
Caldwell County
Dear Mr. Thomas:
A review has been conducted of Lenoir Collection System's self reported Sanitary Sewer
Overflows(SSO's) 5-Day Report submitted by City of,Lenoir. This review has shown the subject facility to
be in violation of the requirements found in Collection System Permit WQCS00035 and/or G.S. 143-
215.1(a)(1). The violation that occurred is summarized below.
Area Violation Date Description Violation Type
CSO/SSO (Sewer Overflow) 10/07/2011 Sanitary Sewer Overflow Discharge
374 Gallons Total Without Valid
NOV-2011-DV-0267 Permit
Incident# 201102201 (374 Gallons to Spainhour
Creek)
Remedial actions should be taken to correct this problem. The Division of Water Quality may
pursue enforcement action for this and any additional violations of State law.
Please send a written report within ten (10)days of receipt of this letter with a detailed
"cleaning list and inspections"for this system.
You should address the causes of noncompliance and all actions taken to prevent the recurrence
of similar situations. If you should have any questions, please do not hesitate to contact Asheville
Regional Staff or Janet Cantwell at 828-296-4500.
Sincerely,
Chuck Cran4ord, Supervisor"
Surface Water Protection Section
Division of Water Quality
Asheville Region
Cc: DWQ ARO Files
DWQ Central Files
PERCS Unit
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SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 Natura!!rf
Internet:www.ncwaterguality.org

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RMENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 10, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 4975
Mr. Radford L. Thomas, Director, Public Utilities
City of Lenoir
P.O. Box 958
Lenoir, North Carolina 28645-0958
Subject: NOTICE OF VIOLATION / NOTICE OF INTENT TO ENFORCE
NOV-201 1-DV-0270
Permit No. WQCS00035
City of Lenoir
Lenoir Collection System
Caldwell County
Dear Mr. Thomas:
A review has been conducted of Lenoir Collection System's self reported Sanitary Sewer
Overflows (SSO's) 5-Day Report submitted by the City of Lenoir. This review has shown the
subject facility to be in violation of the requirements found in Collection System Permit
WQCS00035 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below.
Area Violation Date Description Violation Type
CSO/SSO (Sewer Overflow) 10/26/2011 Sanitary Sewer Overflow Discharge
NOV-2011-DV-0270 140 Gallons Total Without Valid
Permit
Incident# 201102249 140 Gallons to Spainhour
Creek
Repeat Location
Remedial actions should be taken to correct this problem. The Division of Water
Quality is considering pursuing enforcement action for this violation.
i
One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone] FAX:[phone]\Customer ervice:1-877-623-6748
Internet: www.ncwaterquality.org < er A
aurally
An Equal Opportunity 1 Affirmative Action Employer

Mr. Radford L. Thomas
November 10, 2011
Page Two
You should address the causes of noncompliance and all actions taken to prevent the
recurrence of similar situations and respond in writing to this office within 10 days of receipt
of this letter.
If you have any question regarding this policy please contact your Asheville
Regional Staff or Janet Cantwell at 828-296-4500.
Sincerely,
Chuck Cranford, Supervisor
Surface Water Protection Section
Division of Water Quality
Asheville Region
Cc: DWQ Asheville Files
DWQ Central Files
PERCS Unit
Richard D. Williams/ORC
S:;SWP1Ca1dwell\Collection SystemslLenoir Collection System\NOV-NOI-201 1-DV-0270.doc

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 10, 2011
Mr. Don Danford, Director
Water Resources, City of Morganton
P.O. Box 3448
Morganton, North Carolina 28655-9850
Subject: NOTICE OF VIOLATION
NOV-2011-DV-0269
Permit No. WQCS00028
City of Morganton
Morganton Collection System
Burke County
Dear Mr. Danford:
A review has been conducted of Morganton Collection System's self reported Sanitary Sewer
Overflows (SSO's) 5-Day Report submitted by the City of Morganton. This review has shown the subject
facility to be in violation of the requirements found in Collection System Permit WQCS00028 and/or G.S.
143-215.1(a)(1). The violation that occurred is summarized below.
Area Violation Date Description Violation Type
CSO/SSO (Sewer Overflow) 10/16/2011 Sanitary Sewer Overflow Discharge
- NOV-201 1-DV-0269 450 Gallons Total Without Valid
Permit
Incident# 201102182 450 Gallons to Wilson Creek
Remedial actions should be taken to correct this problem. The Division of Water Quality may
pursue enforcement action for this and any additional violations of State law.
Please respond within ten (10) days of receipt of,this letter with a copy of the FOG material
and information which is sent to the City of Morganton's customers.
You should address the causes of noncompliance and all actions taken to prevent the recurrence
of similar situations. If you should have any questions, please do not hesitate to contact Asheville
Regional Staff or Janet Cantwell at 828-296-4500.
Sincerely,
� q~
Chuck Cranfir supervisor
Surface Water Protection Section
Division of Water Quality
Asheville Region
Cc: DWQ ARO Files
DWQ Central Files
PERCS Unit
Ronnie Suttles/ORC
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SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 MAA NOPtjrlCalOhIIa
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 ;Viaturally
Internet:www.ncwaterauality.org

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November'10, 2011
Mr. Justin Hembree, Town Manager
Town of Tryon
301 North Trade Street
Tryon, North Carolina 28782
Subject: NOTICE OF VIOLATION
NOV-2011-DV-0268
Permit No. WQCS00111
Town of Tryon
Tryon Collection System
Polk County
Dear Mr. Hembree:
A review has been conducted of Tryon Collection System's self reported Sanitary Sewer
Overflows(SSO's) 5-Day Report submitted by the Town of Tryon. This review has shown the subject
facility to be in violation of the requirements found in Collection System Permit WQCS00111 and/or G.S.
143-215.1(a)(1). The violation that occurred is summarized below.
Area Violation Date Description Violation Type
-'' CSO/SSO (Sewer Overflow) 10/12/2011 Sanitary Sewer Overflow Discharge
Without Valid
NOV-2011-DV-0268 5,000 Gallons Permit
Incident# 201102155
Remedial actions should be taken to correct this problem. The Division of Water Quality may
pursue enforcement action for this and any additional violations of State law.
Please respond in writing within ten (10)days of receipt of this letter with detailed
information on the Town of Tryon's FOG Program.
You should address the causes of noncompliance and all actions taken to prevent the recurrence
of similar situations. If you should have any questions, please do not hesitate to contact Asheville
Regional Staff or Janet Cantwell at 828-296-4500.
Sincerely,
Chuck Cranford, Supervisor
Surface Water Protection Section
Division of Water Quality
Asheville Region
Cc: DWQ ARO Files
DWQ Central Files
PERCS Unit
-� Joel Burrell/ORC
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SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarohna
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 Naturally
Internet:www ncwaterguality.org d/V

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
;everly Eaves Perdue Coleen H.Sullins Dee Freeman
`Governor Director Secretary
November 10, 2011
MEMORANDUM
TO: Pamela Williams,Bridge Project Planning Engineer,NCDOT
FROM: Michael R.Parker,NCDWQ,Asheville Regional Office
SUBJECT: Division 112011 Design Build Bridge Replacement Program
Scoping Review Comments
In reply to your request,the NCDWQ offers the following comments for the projects listed below:
Project Specific Comments
050010 Bridge No. 10 over White Pine Creek,NCSR 1150,Avery County
1. White Pine Creek is class C-trout waters. NCDWQ recommends that the most protective sediment
and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters.
In addition, all disturbances within trout buffers shall be conducted in accordance with the NC
Division of Land Resources and NC Wildlife Resources Commission.
2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing
trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In
additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled
"Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and
construction of the project.
050029 Bridge No.29 over Curtis Creek,NCSR 1324,Avery County
1. Curtis Creek is class C-trout waters. NCDWQ recommends that the most protective sediment and
erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In
addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division
of Land Resources and NC Wildlife Resources Commission.
2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing
trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In
additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled
"Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and
construction of the project.
-'SURFACE WATER PROTECTION SECTION-Asheville Regional Office One
2090 U.S.Highway 70,Swannanoa,North Carolina 28778-8211 NorthCarohna
Phone:[phone] FAX:[phone] �atltrallr�
Customer Service:1-877-623-6748
Internet:www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

050096 Bridge No.96 over Birchfield Creek,NCSR 1137,Avery County
1. Birchfield Creek is class WS-V-trout waters. NCDWQ recommends that the most protective
sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout
waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the
NC Division of Land Resources and NC Wildlife Resources Commission.
2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing
trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In
additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled
"Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124] throughout design and
construction of the project.
050097 Bridge No.97 over an unnamed tributary to Shawneehaw Creek,NCSR 1333,Avery
County
1. The unnamed tributary to Shawneehaw Creek is classified C-trout waters. NCDWQ recommends that
the most protective sediment and erosion control BMP's be implemented to reduce the risk of
turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be
conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources
Commission.
2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing
trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In
additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled
"Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and
construction of the project.
050099 Bridge No.99 over Trivett Branch (Dark Ridge Branch),NCSR 1310,Avery County
1. Trivett Branch(Dark Horse Branch)is class C waters.
2. NCDWQ has no specific comments for this bridge project.
050100 Bridge No. 100 over Little Horse Creek,NCSR 1167,Avery County
1. Little Horse Creek is class WS-V-trout waters. NCDWQ recommends that the most protective
sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout
waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the
NC Division of Land Resources and NC Wildlife Resources Commission.
2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing
trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In
additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled
"Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and
construction of the project.
130237 Bridge No.237 over Anthony Creek,NCSR 1362,Caldwell County
1. Anthony Creek is classified C-trout waters. NCDWQ recommends that the most protective sediment
and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters.
In addition,all disturbances within trout buffers shall be conducted in accordance with the NC
Division of Land Resources and NC Wildlife Resources Commission.
(2)

2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing
trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In
additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled
"Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and
construction of the project.
General Comments Regarding Bridge Replacement Projects
l. NCDWQ is very concerned with sediment and erosion impacts that could result from these projects.
NCDOT shall address these concerns by describing the potential impacts that may occur to the
aquatic environments and any mitigating factors that would reduce the impacts.
2. If foundation test borings are necessary; it shall be noted in the document Geotechnical work is
approved under General 401 Certification Number 3687/Nationwide Permit No. 6 for Survey
Activities.
3. Any Low Impact Bridge Projects must fall under Nationwide Permit No. 3 to qualify for Low Impact;
otherwise, standard permitting procedures will be required. Example(Regional General Permit No.
31,Nationwide Permit No.23,Nationwide Permit No. 13, etc.)
4. Whenever possible,NCDWQ prefers spanning structures. Spanning structures usually do not require
work within the stream or grubbing of the stream banks and do not require stream channel
realignment. The horizontal and vertical clearances provided by bridges shall allow for human and
wildlife passage beneath the structure. Fish passage and navigation by canoeists and boaters shall not
be oc e . ri ge supports-(b6ai )shouldnot be placed in the stream when posse e:
5. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across
the bridge and pre-treated through site-appropriate means(grassed swales,pre-formed scour holes,
vegetated buffers,etc.)before entering the stream. Please refer to the most current version of
NCDWQ's Stormwater Best Management Practices,
6. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge
Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water
Quality Certification,
7. Bridge piles and bents shall be constructed using driven-,piles(hammer or vibratory)or drilled shaft
construction methods.More specifically,jetting or other methods of pile driving are prohibited without
prior written approval from NCDWQ first.
8. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface
waters. This water shall be captured,treated,and disposed of properly.
9. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by
NCDWQ in this certification.
10. All bridge construction shall be performed from the existing bridge,temporary work bridges,
temporary causeways,or floating or sunken barges. If work conditions require barges,they shall be
floated into position and then sunk. The barges shall not be sunk and then dragged into position.Under
no circumstances should barges be dragged along the bottom of the surface water.
(3)
-

11. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
such as sandbags,rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
12. If concrete is used during construction,a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall
not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and
fish kills.
13. Heavy equipment shall be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the introduction of other pollutants into the stream. This equipment
shall be inspected daily and maintained to prevent contamination of surface waters from leaking fuels,
lubricants,hydraulic fluids,or other toxic materials.
14. If temporary access roads or detours are constructed, the site shall be graded to its preconstruction
contours and elevations. Disturbed areas shall be seeded or mulched to stabilize the soil and
appropriate native woody species shall be planted. When using temporary structures the area shall be
cleared but not grubbed. Clearing the area with chain saws, mowers, bush-hogs, or other mechanized
equipment and leaving the stumps and root mat intact allows the area to re-vegetate naturally and
minimizes soil disturbance.
15. Sediment and erosion control measures sufficient to protect water resources must be implemented and
maintained in accordance with the most recent version of North Carolina Sediment and Erosion Control
Planning and Design Nanual and the in-o__s f recent version of 14CS000250.
16. In most cases, the NCDWQ prefers the replacement of the existing structure at the same location with
road closure. If road closure is not feasible,- a temporary detour shall be designed and located to avoid
wetland impacts,minimize the need for clearing and to avoid'destabilizing stream banks. If the
structure will be on a new alignment, the old structure shall be removed and the approach fills removed
from the 100-year floodplain. Approach fills shall be removed and restored to the natural ground
elevation. The area shall be stabilized with grass and planted with native tree species. Tall fescue shall
not be used in riparian areas.
Thank you for the opportunity to provide comments at this time. NCDOT is reminded that issuance of a
401 Water Quality Certification requires that appropriate measures be instituted to ensure that water
quality standards are met and designated uses are not degraded or lost. If you have any questions or
require additional information, please contact Mike Parker at 828-296-4500.
cc: Lori Beckwith,USACE,Asheville Field Office
Jami Guynn,NCDOT,Division 11 Bridge Manager
Heath Slaughter,NCDOT,Division 11 Environmental Officer
Marla Chambers,NCWRC
Dave McHenry,NCWRC
Transportation Permitting Unit
NCDOT 2011 Bridge Replacement Program Scoping Comments Division.I 1
'(4)

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 10, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 4951
Mr. Gerald Jerry Nash
Fletcher Academy Inc.
P.O. Box 5335
Fletcher,North Carolina 28732
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 NCO036641
Fletcher Academy Inc.
Fletcher Academy WWTP
Case No. LV-2011-0286
Henderson County
Dear Mr.Nash:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,017.00 ($875.00 civil penalty+ $142.00 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 2011. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0036641. The violations which occurred in
April 2011 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 NCO036641 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 Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
Fletcher Academy Inc.:
NorthCarolina
_ Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 Th--
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterauality.org

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$125.00 NCO036641, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD - Conc.
1 of the 1 violations of,G.S. 143-215.1(a)(6) and NPDES Permit No.
$125.00 NC0036641,by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$625.00 NC0036641, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD - Conc.
$875.00 TOTAL CIVIL PENALTY
$142.00 Enforcement Costs
$1,017.00 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. 14313-
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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR-
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 Quality 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 14313-282.1(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 Quality 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 Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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
(f 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 DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck-Cranford, RegionaY Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments
James & James Environmental/ORC w/attachments
S:�SLb'P'1[end�r�{n\�4`a;t�.w:z3er�14irorsiFlitcaerAcadem 30611,.LN-201i-0286_doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0286 County: Henderson
Assessed Party: Fletcher Academy Inc.
Permit No.: NC0036641 Amount Assessed: $1,017.00
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 applies. 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 ENVIRONMENT _
COUNTY OF HENDERSON AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT
WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
FLETCHER ACADEMY INC. ) STIPULATION OF FACTS
PERMIT NO. NCO036641 ) FILE NO. LV-2011-0286
Having been assessed civil penalties totaling $1,017.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 10, 2011, 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 Quality 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

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 10, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 4968
Mr. Will Rucker, LFMC POA President
Linville Falls Club Property Association Inc.
P.O. Box 145
Linville Falls,North Carolina 28647
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 NCO080098
Linville Falls Club Property Association Inc.
Linville Falls Mountain Club and Preserve WWTP
Case No. LV-2011-0285
McDowell County
-' Dear Mr. Rucker:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$442.00
($300.00 civil penalty+ $142.00 enforcement costs) against Linville Falls Club Property
Association Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by Linville Falls Club Property Association Inc. for the month
of April 2011. This review has shown the subject facility to be in violation of the discharge
limitations and/or monitoring requirements found in NPDES Permit NC0080098. The violations
which occurred in April 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Linville Falls Club Property
Association Inc. violated the terms, conditions or requirements of NPDES Permit NCO080098 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 Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
Linville Falls Club Property Association Inc.:
o e Carolina
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICEtl{t'a��l�
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 &?
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www ncwaterguality.org

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0080098, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for ROD - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. J'
$100.00 NC0080098, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for ROD - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0080098, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NCO0800985 by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for TSS.
$300.00 TOTAL CIVIL PENALTY
$142.00 Enforcement Costs
$442.00 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 na(ural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation; ` v
(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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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.
Point Source Compliance/Enforcement Unit
Division of Water Quality'
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

OR
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 ou believe the civil penalty should be
remitted, and submit it to the Division of Water Quality 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 14313-282.1(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 Quality 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 Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 DENR as follows:
Mary Penny Thompson, Genera_1 Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck Cr rd, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments
James &James Environmental/ORC w/attachments
3',Stiff'I''';NIcC)t.>we((t�4' stc��rt i,�9tnots113hc Ridge Country Club 80048,1...V-201 1 028S.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0285 County: McDowell.
Assessed Party: Linville Falls Club Property Association Inc.
Permit No. : NC0080098 Amount Assessed: $442.00
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 applies. 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 ENVIRONMENT
AND NATURAL RESOURCES \
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST ) WAIVER OF RIGHT TO ANADMINSTRATIVE HEARING AND
LINVILLE FALLS CLUB PROPERTY ) STIPULATION OF FACTS
ASSOCIATION INC./
LINVILLE FALLS MOUNTAIN CLUB )
& PRESERVE
PERMIT NO. NCO080098 ) FILE NO. LV-2011-0285
Having been assessed civil penalties totaling $442.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 10, 2011, 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 Quality 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

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
November 14, 2011
Raymond and Amanda Montoya
Maceffie Gems & Land LLC
PO Box 2021
Franklin NC 28744
SUBJECT: Compliance Evaluation Inspection
Cherokee Ruby and Sapphire Mine
Permit No: NCG520017
Macon County
Dear Mr. and Mrs. Montoya:
Enclosed please find a copy of the Compliance Evaluation Inspection conducted
on October 27, 2011. The facility appeared to be in compliance with permit NCG520017.
No violations of permit requirements or applicable regulations were observed during this
inspection.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, pleas call me at 828-296-4500.
Sincerely,
Jeff M nzel
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NOrthCarolina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 �g�u1,�"�
Internet:www.ncwaterouality.org
S:\SWP\Macon\Wastewater\General\NCG52 Sand Dredges\NCG520017 Cherokee Ruby CEI 2011.docx

United States Environmental Protection Agency Form Approved.
��� Washington,D.C.20460 OMB No.2040-0057
Watpr Compliance Inspertion Report Approval expires 8-31-98
Section A: National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 'N f 2 15I 31 NCG520017 111 121 11/10/27 ( 17 181 C I 19I S I 20I I
ICJ Il�- Remarks l� J t-
21111111111111IIIIIIIIIIIIIIIIIIII1111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------—------------Reserved---------------------
67 69 701 N 73 74
751 I ( I I I ( 180
—3 71 U 72— W
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number) 07/12/11
01:00 PM 11/10/27
Cherokee Ruby and Sapphire Mine
Exit Time/Date Permit Expiration Date
41 Cherokee Mine Rd
Franklin NC 28734 01:30 PM 11/10/27 12/07/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Raymond V Montoya,PO Box 2021 Franklin NC 28744//505-771-1474/ No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Operations&Maintenance N Facility Site Review 0 Effluent/Receiving Waters
Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Jeff Menzel ARO WQ//828-296-4500/&//
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type _
3I NCG520017 I11 12, 11/10/27 17 18'C
1
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
The permittee shall operate the facility and use sound management practices to ensure that impacts to
surface waters are minimized.
The permittee shall operate the facility and use best management practices to ensure that stream banks are
stabilized.
The facility appeared to be well maintained. No violations of permit requirements or applicable regulations
were observed during this inspection.
Page# 2

Permit: NCG520017 Owner-Facility: Cherokee Ruby and Sapphire Mine
Inspection Date: 10/27/2011 Inspection Type: Compliance Evaluation
Yes No NA NE
Operations&Maintenance
❑ ❑ ❑
Is the plant generally clean with acceptable housekeeping?
■
Does the facility analyze process control parameters,for ex:MLSS,MCRT,Settleable Solids,pH,DO,Sludge ❑ ❑ ■ ❑
Judge,and other that are applicable?
Comment:
Yes No NA NE
Effluent Pipe
■ ❑ ❑ ❑
Is right of way to the outfall properly maintained?
Are the receiving water free of foam other than trace amounts and other debris?
If effluent (diffuser pipes are required) are they operating properly?
Comment:
, l
Page# 3

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
November 15, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 8097
Mr. Wittner Wright
Havon Inc.
P.O. Box 1180
Candler,North Carolina 28715
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 NCO075388
Havon Inc.
Pleasant Cove Home WWTP
Case No. LV-2011-0289
Buncombe County
Dear Mr. Wright:
This letter transmits a Notice of Violation and assessment,of civil penalty in the amount of$492.00
($350.00 civil penalty+ $142.00 enforcement costs)against Havon Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Havon Inc. for the month of April 2011. This review has
shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NC0075388. The violations which occurred in April 2011
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Havon Inc. violated the terms,
conditions or requirements of NPDES Permit NCO075388 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 Environment and Natural Resources and the
Director of the Division of Water Quality, l, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
Havon Inc.:
r�
NcorthCarolina
Aatur AY
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.org ©/"`

I of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0075388, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for TSS - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC00753885 by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS-Cone.
$350.00 TOTAL CIVIL PENALTY
$142.00 Enforcement Costs
$492.00 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-
2 82.1(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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order ofthe Department of Environment and Natural
Resources (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.
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 Quality 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 14313-282.1(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 Quality 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 Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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
f 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 DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerel ,
Chuck Cran rd, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments
James &James Environmental/ORC w/attachments
S.';SWI"tBuncombeiWii.si.ewatei'Minors`,Hat-on Inc.Cariteibui.v Ifills'7i388\LV-2011.-0289.doc

JUSTIFICATION FOR REMISSION REQUEST
- DWQ Case Number: LV-2011-0289 County: Buncombe
Assessed Party: Havon Inc. /Pleasant Cove Rest Home
Permit No.: NCO075388 Amount Assessed: $492.00
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 applies. 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 ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
HAVON INC. /PLEASANT COVE REST HOME )
PERMIT NO. NCO075388 ) FILE NO. LV-2011-0289
Having been assessed civil penalties totaling$492.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 15, 2011, 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 Quality 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

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
November 15, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED - 7010 1870 0003 0874 8103
Michael O. Hesselbirg,Trustee of the Katelyn Marie Hesselbirg Trust
397 Sunny Lane
Franklin,North Carolina 28734
CERTIFIED MAIL
RETURN RECEIPT REQUESTED—7010 1870 0003 0874 8080
Michael Otto Hesselbirg and Lera Marie Hesselbirg
55 Beacon Hill Road
Franklin,North Carolina 28734
SUBJECT: NOTICE OF CONTINUING VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Sunny Lane Property
NOV-2011-SS-0025
Stream Standard Violation-Other Waste(In-stream sediment)
Macon County
Response deadline: December 15,2011
Dear Mr. Hesselbirg:
On June 3,2011,Kevin Barnett from the Asheville Regional Office of the Division of Water Quality
(DWQ)conducted a site inspection of property located at 397 Sunny Lane in Macon County. Matt Mason
with the County Erosion Control program was also in attendance during the inspection. Macon County
records indicate that the owner of the property with PIN 6582229191 is listed as Michael O. Hesselbirg,
Trustee of the Katelyn Marie Hesselbirg Trust, dated 26 February 2010. Macon County records indicate
that the owner of the adjoined property with PIN 658221,7782 is listed as Michael Otto Hesselbirg and wife,
Lera Marie Hesselbirg.
DWQ staff observed evidence of land disturbing activities on the subject site that have resulted in
sedimentation impacts to a downstream pond and sedimentation impacts to an un-named tributary to North
Fork Coweeta Creek, classified as(Class B waters)within the Little Tennessee River Basin. From DWQ
observations and file review,these stream impacts were to greater than 300 linear feet of stream which
includes the impacted pond. Sediment depths observed to be approximately 3 inches in places along the
stream feature and are much deeper in the pond.
On August 2,2011,DWQ staff conducted a follow-up site inspection and observed that the impacts noted
on June 3, 2011 remain in the stream and pond. On June 23,2011,DWQ issued a Notice of Violation and
Recommendation for Enforcment(NOV),however,this document was unclaimed. On September 7,2011,
DWQ sent the NOV via first class mail. DWQ has not received any response or correspondence to the
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarOflna
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

Michael Otto Hesselbirg
November 15, 2011
Page 2 of 3
NOV.As a result of the site inspection and file review,the following violations remain in the stream and
pond: -
I. Stream Standard Violation-Other Waste(in-stream sediment)Title 15A NCAC 02B .0211
(3)L
Sedimentation impacts to the downstream pond and and the un-named tributary to North Fork
Coweeta Creek(Class B) represent a Water Quality Stream Standard violation of Title 15A
NCAC 02B .0211 (3) (f)which states, "Oils; deleterious substances; colored or other wastes: only
such amounts as shall not render the waters injurious to public health, secondary recreation or to
aquatic life and wildlife or adversely affect the palatability of fish,aesthetic quality or impair the
waters for any designated uses;"
REQUIRED RESPONSE
The DWQ requests that you respond by December 15,2011. Your response should be sent to the attention
of Kevin Barnett,Division of Water Quality,2090 US HWY 70, Swannanoa,NC 28778 and should address
the following items:
1. Stream Standard-Other Waste(In-Stream Sediment)
a. Please provide a map of the project area. The map must include all streams and wetlands,
detailing impacts both on-and off-site.
b. Please submit a Sediment Removal Plan(Plan)to this office for review and approval. The
Plan must address removal of accumulated sediment from all surface waters. It is
recommended that you secure an environmental consultant experienced in stream
restoration to assist you with developing your Plan, and obtaining any necessary approvals.
It is recommended that your consultant contact Kevin Barnett of the Asheville Regional
Office for additional guidance during Plan development. The Plan should include:
• A narrative explaining how sediment will be removed from the stream and pond;
including,techniques,manpower and tools to be used.
• A proposed schedule with dates that indicate when you expect to begin and complete
the removal of sediment.
• A proposal of how the disturbed area will be stabilized to prevent offsite sedimentation
in the future.
• A diagram of the stream channel,referenced with photo documentation of sediment
impacts before and after removal.
• A narrative explaining how and where the removed sediment will be disposed and
stabilized.
c. Once the work is complete, a final report documenting the results of the sediment removal
activities should be submitted to Kevin Barnett.
v,,

Michael Otto Hesseibirg
November 15, 2011
Page 3 of 3
Thank you for your attention to this matter. This Office is considering sending a recommendation for
enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. This office requires that the violations,as detailed
above,be abated immediately and properly resolved. Environmental damage and/or failure to secure
proper authorizations have been documented on the subject tract as stated above. Your efforts to undertake
activities to bring the subject site back into compliance is not an admission, rather it is an action that must
be taken in order to begin to solve ongoing environmental issues.
Pursuant to G.S. 143-215.6A,these violations and any future violations are subject to a civil penalty
assessment of up to a maximum of$25,000.00 per day for each violation. Your above-mentioned
response to this correspondence,the degree and extent of harm to the environment and the duration and
gravity of the violation(s)will be considered in any civil penalty assessment process that may occur.
Should you have any questions regarding these matters, please contact Kevin Barnett at(828)296-4500.
Sincerely,
Chuck Cranford,Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Shelton Sullivan—WBS Compliance&Permiting Unit, Archdale Building
ARO File Copy
Macon County Planning
S:\S WP\Macon\Complaints\Hesselbirg\NOV2011 SS0025.Hesselbirg.06-23-2011.doc

A;—�•
.. NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
November 16,2011
Lawrence Ponder, Mayor
Town of Marshall
PO Box 548
Marshall NC 28753
SUBJECT: Pretreatment Audit Inspection
Marshall WWTP
Permit No: NCO021733
Madison County
Dear Mayor Ponder:
Enclosed please find a copy of the Pretreatment Audit Inspection Report from the
inspection which Sarah Morrison of the Division's Central Office and I conducted of the Town's
approved modified pretreatment program on September 16, 2011. The facility was found to be in
marginal Compliance with applicable pretreatment regulations and with permit NC0021733.
It should be noted that it is required that the Town adopt the Division's new model Sewer
Use Ordinance, (SUO), which can be found on the Division's webpage at
http://Portal.ncdenr.org/web/wq/swp/ps/pret. A draft SUO is to be submitted to the PERCS Unit
for review by February 1, 2012.
Additionally, the Town did not monitor the discharge from Derringer during July through
December of 2010 and January through June of 2011 as required by their Industrial User Permit
(IUP), issued by the Town. Therefore, it is requested that the Town collect extra samples from
Derringer's discharge, during the first six months of 2012. Once per month samples must be
collected for all [UP limited parameters during January through June of 2012. This additional
requirement will resolve the Program's non-compliance and prevent inclusion on the Division's
quarterly non-compliance report (QNCR) which is reviewed by the Environmental Protection
Agency (EPA). The sampling results will be reviewed during the 2012 Pretreatment Compliance
Inspection.
Please refer to the enclosed inspection report for additional observations and comments.
If you have any questions, please do not hesitate to contact me at 828-296-4500.
4HKeith
ayn
Environmental Sr. Specialist
Enclosure
cc: Don Byers
PERCS
Central Files
Asheville Files
S�\SWP\Madison\Wastewater\Municipal\Marshall WWTP 21733\auditletter9 16 11 doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778 One
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 North{Caro/l/i>n�a
Internet:www.ncwaterguality.org Na`uralli

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United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
>� Approval expires 8-31-98
Section A: National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/molday Inspection Type Inspector Fac Type
1 11 NI 2 I 31 NCO021733 111 121 11/09/16 117 18JUG 19�I 20U
Remarks
211 1 1 1 I I I I I I I I I I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 16
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved----------------------
67 I 169 70 U 71 U 72 I N' 73 L_U 74 751 I I I I I Li 80
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
09:00 AM 11/09/16 06/12/01
Marshall WWTP
BlannahaSSett IS Rd Exit Time/Date Permit Expiration Date
Marshall NC 28753 12:12 PM 11/09/16 10/09/30
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
///
Donald G Byers/ORC/704-883-8461/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Lawrence Ponder,PO Box 548 Marshall NC 28753//838-649-3031/ No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Pretreatment
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Keith Haynes e ARO WQ//828-296-4500/
Sarah Morrison Non Discharge Compliance Unit//919-733-5083/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type 1
3 NC0021733 111 12, 11/09/16 117 18l G I
j
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
See attached audit form for details.
Page# 2

--- --- NORTH CAROLINA DIVISION OF WATER QUALITY
NCDENR PRETREATMENT AUDIT REPORT
Background Information [Complete prior to audit; review Program Info Database Sheet(s)]
1. Control Authority(POTW)Name: Town of Marshall
2. Control Authority Representative(s):Don Byers
3. Title(s):Pretreatment Coordinator
4. Address of POTW:
Mailing PO Box 548
City Marshall Zip Code 28753
Phone Number 828-350-7683 Fax Number E-Mail
5. Audit Date 09/16/2011
6. Last Inspection Date: 09/24/2010 Inspection Type: Z PCI ❑Audit
7. Has Program Completed All Requirements from the Previous Inspection and Program Info Sheet(s)? ❑Yes ® No
If No, Explain. SIU IUP was issued; however, SIU sampling performed by POTW was not completed as
required. Started July 2011.
8. In the last year has the POTW experienced any NPDES or Sludge Permit compliance problems? ❑ Yes ® No
If Yes,Explain.Frequency violations for TP and TN
9. Is POTW under an Order That Includes Pretreatment Conditions? ❑Yes ® No
Order Type and Number: Are Milestone Dates Being Met? ❑Yes ❑ No ® NA
Parameters Covered Under Order
PCS(WENDB)Coding
Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector
Fac.Type
INIC10 IO 12 I1 I7 13 13 I I09I16I11I LGj LS-1
(DTIA) (TYPI) (INSP)
(FACC)
10. Current Number of Significant Industrial Users(SIUS)? 1 SIU1
.................................................................................................................................. ...............
1.1.:...Current Number of.Categorical Industrial Users(CIUS)?'..............................:.............................................................._.......................... 1 CIU;
...............
12. Number,of SIUs Not Inspected.by.POTW in Last Calendar Year?............. ..................... 0
...............
13. Number of SIUs Not Sampled by POTW in Last Calendar Year? 1
................................................................................................................................................ ...............
14. Enter Higher Number of 12 or 13 1 NOE
................................................................................................................................................................................................................................................................................................ ............
1.5:...Number of SIUs with No IUP,or with an Expired IUP.......................................................................................:......................................... 0 NOC
... ..... ........ .. .........
16. Number of SIUs in SNC for Either Reporting or Limits Violations Durir 0 PSN,
Semi-Annual Periods Total Number of SIUs in SNC
.................................................................................................................................
...................................................................................................................................................................
17. Number,of SLUs in SNC for Reporting During Either of Last 2 Semi-Annual.Periods 0 MST`
...... ......... . ..... ...............
18. Number of SIUs in SNC for Limits Violations During Either of Last 2 Semi-Annual Periods 0 SNP
.................................................................................................................................................... ...............
19. Number of SIUs in SNC for Both Reporting and Limits Violations Durir 0
Semi-Annual Periods
......................................................................................................................................................................................................................................................................................................
20. Number.of,SIUs in SNC for Self-Monitoring Requirements that were Not.Inspected or Sampled 0 SNIT
NC DWQ Pretreatment Audit Form Revised: July 25.2007 Page 1

21. PRETREATMENT PROGRAM ELEMENTS REVIEW- Review POTW files, verify POTW has copy of't-,
Program Element in their File, complete with all supporting documents and PERCS Approval Letter, and dates consistent with-
Program Info:
Program Element Last Submittal Last Approval Date Next Dt
Date In file? Date In file If Applicable
Headworks Analysis(HWA) 3/3/2010 ® Yes❑ No 5/16/2011 ® Yes❑ No 3/1/2015
Industrial Waste Survey(IWS) 1/2/2009 ® Yes❑ No 9/14/2010 ®Yes ❑ No 12/31/201
Sewer Use Ordinance(SUO) 7/30/2007 ❑Yes® No 8/21/2007 ❑ Yes® No -
Enforcement Response Plan(ERP) 10/27/2008 ❑ Yes® No 11/20/2008 ❑Yes® No ?
Long Term Monitoring Plan(LTMP) 5/22/2011 ®Yes❑ No 8/10/2011 -®Yes❑ No
Legal Authority(Sewer Use Ordinance-SUO)
22. Do you have any towns and/or areas from which you receive wastewater which are not in your annexed jurisdiction?
❑Yes ® No If yes,Please list these towns and/or areas.
23. If yes to#22,Do you have current Inter jurisdictional Agreements(IdAs)or other Contracts? ❑Yes❑ No ®NA
A copy,if not already submitted,should be sent to Division.
24. If yes to 922,Have you had any trouble working with these towns or districts? ❑Yes❑ No ®NA
If yes,Explain.
25. Date of Last SUO Adoption by Local Council 04/10/1996
26. Have you had any problems interpreting or enforcing any part of the SUO? ❑Yes❑ No
If yes,Explain. Not Applicable
Enforcement(Enforcement Response Plan-ERP)
27. Did you send a copy of the ERP to your industries? ❑Yes® No
If no,POTW must send copy within 30 days.
28. Have you had any problems interpreting or enforcing any part of the ERP (i.e. any adjudication, improper enforcement,
etc? ❑Yes® No If yes,Explain.Have not used ERP
29. List Industries under a Schedule or Order and Type of Schedule or Order None
Resources
30. Please Rate the Following: S=Satisfactory M=Mar inal U=Unsatisfactory
Rating Explanation, if Unsatisfactory
Personnel Available for Maintaining
POTW's Pretreatment Program ®S❑M❑U
Access to POTW Vehicles for Use personal vehicle
Sampling, Inspections, and ®S❑M❑U
Emergencies
Access to Operable Sampling No sampler
Equipment ❑S❑M®U
Availability of Funds if Needed for Billed to Deringer
Additional Sampling and/or Analysis ®S❑M❑U
Reference Materials
®S❑M❑U
Staff Training (i.e. Annual and Attend when time allows
Regional Workshops, Etc.) ❑S®M ❑U
Computer Equipment (Hardware and Personal computer
Software) ®S❑M❑U
NC DWQ Pretreatment Audit Form Revised: July 25,2007 Page 2

31. Does the POTW have an adequate data management system to run the pretreatment program? ❑Yes❑ No
Explain Yes or No. EXCEL
32. How does the POTW recover the cost of the Pretreatment Program from their industries?Explain.
SIU charged for sampling
Public Perception/Participation
33. Are there any local issues affecting the pretreatment program (e.g.. odor,plant closing,new or proposed plants)?
❑ Yes® No If yes,Explain.
34. Has any one from the public ever requested to review pretreatment program files? ❑Yes® No
If yes,Explain procedure. If no,How would the request be addressed?Through Town Hall
35. Has any industry ever requested that certain information remain confidential from the public? ❑ Yes ® No If yes,
Explain procedure for determining whether information qualified for confidential status, as well as procedure for keeping
files confidential from public. If no.how would the request be addressed?.Info would be kept at Town Hall.
36. In addition to annual inspection,does the POTW periodically meet with industries to discuss pretreatment? ®Yes ❑No
37. Is the public notified about changes in the SUO or Local Limits? ®Yes❑ No Town council meetings
38. Were all industries in SNC published in the last notice? ❑Yes ❑ No Not applicable
Permitting(Industrial Waste Survey-IWS)
39a. How does the POTW become aware of new or changed Users?Water usage and flow meters.
39b. Once the POTW becomes aware of new or changed Users,how does the POTW determine which industries have
the reasonable potential to adversely impact the WWTP and therefore require a new permit or a permit revision?
(Who is an SIU?)Not applicable
40. Does the POTW receive waste from any groundwater remediation projects (petroleum, CERCLA) or landfill
leachate? ®Yes❑No If Yes,How many are there?Leachate 2000 gallons every six months.
Please list each site and how it is permitted, if applicable.
41. Does the POTW accept waste by(mark if applicable) ❑Truck ❑Dedicated Pipe ®NA
42. If the POTW accepts trucked waste,what controls are placed on this waste? (example. designated point, samples
drawn,manifests required)NA
43. How does the POTW allocate its loading to industries?Mark all that apply
❑Uniform Limits ❑Historical Industry Need ❑By Surcharge ®Categorical Limits ❑Other
Explain Other:
44. Review POTW's copies of current allocation tables for each WWTP. Are there any over allocations? ❑Yes® No
If yes,What parameters are over allocated?
45. If yes to#43, What is being done to address the over allocations? (short-term IUPs,HWA to be revised,pollutant study,
etc.)Not applicable
46. Does the POTW keep pollutant loading in reserve for future growth/safety? ®Yes ❑ No
If yes,what percentage of each parameter >50%
47. Has the POTW experienced any difficulty in allocation?(for example: adjudication by an industry) ❑Yes® No
If yes,Explain.
48. How does the POTW decide on which pollutants to limit in the permits? Monitor for? (for example: were only those
pollutants listed on the application limited;categorical parameters;NPDES Pollutants of Concern)
Categorical and Pollutants of Concern
49. How does the POTW decide what the monitoring frequency should be for the various pollutants in industry permits ?
Once a quarter which is more than the required frequency for category.
NC DWQ Pretreatment Audit Form Revised: July 25.2007 Page 3

Permit Compliance
50. Does the POTW currently have or during the past year had any permits under adjudication? ❑Yes® No
If yes,which industries? What was(will be)the outcome of the adjudication?
51. Demonstrate how the POTW judges compliance. This should include compliance judgment on all violations of limits,--
reporting requirements,and permit conditions,as well as for SNC. Database
52. Does the POTW use the Division's model inspection form or equivalent? ® Yes❑ No
If no,does the POTW form include all DWQ data? ❑Yes❑ No
53. Were all SIUs evaluated for the need of a slug/spill control plan during their most recent inspections? ®Yes❑ No
If no,Explain. pH control,pretreatment to settle metals.
54. What criteria are used to determine if a slug/spill control plan is needed?
No current areas of concern.
55. What criteria does the POTW use to determine if a submitted slug/spill control plan is adequate?
No old records to show past determinations.
56. How does the POTW decide where the sample point for an SIU should be located?
Same location.
57. Has the POTW established a procedure to ensure that representative samples will be taken by the POTW or SIU each
time? (example: correct location; proper programming of sampler; clean equipment; swirling the sample bucket
uniformly) POTW: ❑Yes❑ No SIU: ❑Yes❑ No If yes, Explain.
58. Who performs sample analysis for the POTW for Metals ETS
Conventional Parameters ETS
Organics ETS
59. Explain the Chain of Custody Procedure used for both_:in house and commercial lab samples.
Approved method. Collected by Byers released to SETS.
Long/Short Term Monitoring Plan(L/STMP)and Headworks Analysis(HWA) ` J
60a. Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ❑ YES ® NO
60b. Are Correct Detection Levels being used for all LTMP/STMP Monitoring? ❑ YES ❑ NO Unknown
60c. Is LTMP/STMP Data Maintained in Table or Equivalent? ❑YES ❑ NO Is Table Adequate? ❑ YES ❑NO
60d. All LTMP/STMP effluent data on Discharge Monitoring Report(DMR)? ❑ YES®NO Will be when collected.
60e. If NO to any above,list violations
60f. Should any Pollutants of Concern be Eliminated from or Added to LTMP/STMP? ❑YES ®NO
If yes,which ones?Eliminated: Added:
61. Do you complete your own headworks analysis(HWA)? ®Yes❑ No
If no,Who completes your HWA? Phone( ) --
62. Do you have plans to revise your HWA in the near future? ❑ Yes® No
If yes,What is the reason for the revision?(mark all that apply) ❑Increased average flow ❑NPDES limits change
❑More LTMP data available ❑Resolve over allocation ❑5 year expiration ❑Other
Explain.
63. In general,what is the most limiting criteria of your HWA? ®Inhibition ❑ Pass Through ❑Sludge Quality
64. Do you see any way to increase your loading in the future (Example: obtaining more land for sludge disposal)? ❑ Yes
❑ No Explain.No current need,only running—50% loading.
Summary
65. Do you plan any significant changes to the pretreatment program or changes to the WWTP that may affect pretreatment?
NO
NC DWQ Pretreatment Audit Form Revised: July 25,2007 Page 4

INDUSTRIAL USER PERMIT(IUP)FILE REVIEW(3 IUP FILE REVIEWS AND 1 IU INSPECTION)
66. User Name 1.Derringer 2. 3.
67. IUP Number 0001
68. Does File Contain Current Permit? I ®Yes ❑ No-11 ❑Yes ❑ No 11 ❑Yes [
69. Permit Expiration Date 1 5/15/2015 — j
70. Categorical Standard Applied(I.E.40 CFR,Etc.)Or N/A 468/471 E
71. Does File Contain Permit Application Completed Within One Year Prior ®Yes ❑ No ❑Yes ❑ No ❑ Yes [
to Permit Issue Date? 1 12/1/10
72. Does File Contain Inspection Completed Within Last Calendar Year? I ❑Yes ® No 11 ❑Yes ❑ No 11 ❑Yes [
73. a.Does File Contain Slug/Spill Control Plan? ) a.—[]Yes®No Fa. []Yes❑No a. ❑Yes :
b.If No, is One Needed? See Inspection Form from POTW b. ❑Yes®No b. ❑Yes❑No b. ❑Yes
74. For 40 CFR 413 and 433 TTO Certification, Does File Contain a Toxic DYesONoZ F❑Yes❑No❑N/A ❑Yes❑Nol
Organic Management Plan(TOMP)?
75. a.Does File Contain Original Permit Review Letter from Division? a. ❑Yes®No a. ❑Yes❑No a. ❑Yes
b.All Issues Resolved? In central office at time of inspection. b.❑Yes❑No❑N/A b.❑Yes❑No❑N/A b.❑Yes❑No
76. During Most Recent Semi-Annual Period, Did POTW Complete its ❑Yes ® No ❑Yes ❑ No ❑Yes [I
Sampling as Required by IUP, including Flow?
77. Does File Contain POTW Sampling Chain-Of-Custody Forms? I ®Yes ❑ I ❑Yes ❑ r❑Yes [
78, During Most Recent Semi-Annual Period, Did SIU Complete its ®Yes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑Nol
Sampling as Required by IUP, including Flow?
79. During Most Recent Semi-Annual Period, Did SIU submit all reports on ®Yes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No[
time?
80a. For categorical lUs with Combined Wastestream Formula(CWF), does ❑Yes❑No®N/A ❑Yes❑No❑N/A ❑Yes❑Nol
file includeprocess/dilution flows as Required by IUP?
80b. For categorical IUs with Production based limits, does file include ®Yes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑Nol
production rates and/or flows as Required by IUP?
81. During Most Recent Semi-Annual Period, Did POTW Identify All ®Yes ❑ No ❑Yes ❑ No ❑Yes [
Limits Non-Compliance from Both POTW and SIU Sampling?
82. During Most Recent Semi-Annual Period, Did POTW Identify All ❑Yes❑NoON/A ❑Yes❑No❑N/A ❑Yes❑Nol
r Re ortin Non-Compliance from SIU Sampling?
83. a. Was POTW Notified by SIU (Within 24 Hours) of All Self- a.❑Yes❑No®N/A a.❑Yes❑No❑N/A a.❑Yes❑No
Monitoring Violations?
b. Did Industry Resample and submit results to POTW within 30 Days? b.❑Yes❑No®N/A b.❑Yes❑No❑N/A b.❑Yes❑Nol
c. If applicable, did POTW resample and obtain results within 30 days of c.❑Yes❑No®N/A
becomingaware of SIU limit violations in the POTW's sampling of SIU? c.❑Yes❑No❑N/A c.❑Yes❑Nol
84. During Most Recent Semi-Annual Period,Was SIU in SNC? I ❑Yes ® No ❑Yes ❑ No I ❑Yes [
85. During Most Recent Semi-Annual Period, Was Enforcement Taken as ❑Yes❑No®N/A ❑Yes❑No❑N/A_]
❑Yes❑Nol
Specified in POTW's ERP(NOVs,Penalties,timing,etc.)?
86. Does File Contain Penalty Assessment Notices? ❑Yes❑No®N/A ❑Yes❑No❑N/A ❑Yes❑Nol
87. Does File Contain Proof Of Penalty Collection? ❑Yes❑No®N/A ❑Yes❑No❑N/A ❑Yes❑Nol
88. a.Does File Contain Any Current Enforcement Orders? a.❑Yes❑No®N/A a.❑Yes❑No❑N/A a.❑Yes❑No
b.Is SIU in Compliance with Order? b.❑Yes❑No®N/A b.❑Yes❑No❑N/A b.❑Yes❑No
89. Did POTW Representative Have Difficulty in Obtaining Any Requested ®Yes ❑ No ❑Yes ❑ No ❑Yes [
Information For You?
FILE REVIEW COMMENTS:
Files are beginning to take shape. Some required items are still missing such as SUO.
NC DWQ Pretreatment Audit Form Revised: July 25,2007 Page 5

INDUSTRY INSPECTION PCS CODING:
Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type
N INIC101012I1 1 7 13 I I9 116I11I IU I L20
(DTIA) (TYPI)
(FACC)
1.Industry Inspected: Derringer
2. Industry Address: 155 Derringer Dr,Marshall,NC
3. Type of Industry/Product:
4. Industry Contact: Title: Phone: Fax:
5.Does the POTW Use the Division Model Inspection,Form or Equivalent? ®Yes ❑ No
6.Did the POTW Contact Conduct the Following Parts of the Industrial Inspection Thoroughly?
Comments:
A. Initial Interview ®Yes ❑ No
B. Plant Tour ® Yes ❑ No
C. Pretreatment Tour ®Yes ❑ No
D. Sampling Review ®Yes ❑ No
E. Exit Interview Z Yes ❑ No
Industrial Inspection Comments:
Good routine inspection.
Audit SUMMARY AND COMMENTS:
Audit Comments:
Requirements: POTW sampling should be completed as required. The new streamline SUO should be downloaded
from the PERCS website and adopted by the Town as soon as possible,but no later than February 1 2012
Recommendations: SIU sampling by the Town should be doubled the first six months of 2012 since the first half of 2011
was missed. Continue to locate missing pretreatment program components e.g.SUO.
NOD: ❑ Yes ® No
NOV: ❑Yes ® No
QNCR: ❑Yes ® No
POTW Rating:
Satisfactory ❑ Marginal ® Unsatisfactory❑
Audit COMPLETED BY: Keith Hase ,ARO and Sarah Morrison,
rison,PERCS DATE: September 16.2011
NC DWQ Pretreatment Audit Form Revised: July 25.2007 Page 6

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
November 16, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 7977
Mr. J. Robert Boyette
City of Marion
P.O. Drawer 700
Marion,North Carolina 28752
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 NC0031879.
City of Marion
Corpening Creek WWTP
Case No. LV-2011-0292
McDowell County
Dear Mr. Boyette:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$3,892.00 ($3,750.00 civil penalty+ $142.00 enforcement costs) against the City of Marion.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by the City of Marion for the month of March 2011. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0031879. The violations which occurred in
March 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the City of Marion violated the
terms, conditions or requirements of NPDES Permit NCO031879 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 Environment and Natural Resources and the
Director of the Division of Water Quality, l, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
the City of Marion:
ne
NortliCarolina
- Natyrally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE )V
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterauality.org

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0031879, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$750.00 NC0031879, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for BOD - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$750.00 NC0031879, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$2,250.00 NC0031879, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Conc.
$3,750.00 TOTAL CIVIL PENALTY
$142.00 Enforcement Costs
$3,892.00 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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

OR
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 Quality 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 14313-282.1(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 Quality 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 Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments
S1'I"•.R9eDo��El1`t`asf �ealcr'ltiluniuiOtJ;C:'«a{tcuut; t:'reek41-t4'rp31h?9:I...V-2011-0292.doo

JUSTIFICATION FOR REMISSION REQUEST
- DWQ Case Number: LV-2011-0292 County: McDowell
Assessed Party: City of Marion
Permit No.: NCO031879 Amount Assessed: $3,892.00
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 applies. 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 ENVIRONMENT
COUNTY OF MCDOWELL AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
CITY OF MARION/CORPENING CREEK )
PERMIT NO. NCO031879 ) FILE NO. LV-2011-0292
Having been assessed civil penalties totaling $3,892.00 for violation(s)as set forth in the
assessment document of the Division of Water Quality dated November 16, 2011, 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 Quality 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

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue . Coleen H.Sullins Dee Freeman
Governor Director Secretary
November 16, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 7991
Mr. Jeffery V. Morse
Town of Valdese
121 Faet Street
Valdese,North Carolina 28690
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 NC004169.6
Town of Valdese
Lake Rhodiss WWTP
Case No. LV-2011-0293
Burke County
-� Dear Mr. Morse:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,142.00 ($1,000.00 civil penalty+ $142.00 enforcement costs) against the Town of Valdese.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the Town of Valdese for the month of January 2011. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0041696. The violations which occurred in
January 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Valdese violated the
terms, conditions or requirements of NPDES Permit NCO041696 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 Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
the Town of Valdese:
NorthCarolina
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE :.44
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterauality.org

0 of the 1 violations of G.S. 143-215.1(a)(6)and NPDES Permit No.
$.00 NC0041696, by discharging waste water into the waters of the State
in violation of the Permit Daily Minimum limit for pH.
2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$1,000.00 NC0041696, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS - Conc.
$1,000.00 TOTAL CIVIL PENALTY
$142.00 Enforcement Costs
$1,142.00 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-
2 82.1(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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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 o£
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 Quality 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 14313-282.1(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 Quality 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 Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
- be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely, �
Chuck Cra ord, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments
tiaSl1'P`,E3urkc Ab"asirim i�r•.1luaiitip il`;4`:3lciese.W W'I['41696I N-201 1 0293:doc.

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0293 County: Burke
Assessed Party: Town of Valdese/ Lake Rhodhiss WWTP
Permit No.: NCO041696 Amount Assessed: $1,142.00
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 applies. 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 ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BURKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TOWN OF VALDESE/ LAKE RHODHISS )
WWTP )
PERMIT NO. NCO041696 ) FILE NO. LV-2011-0293
Having been assessed civil penalties totaling $1,142.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 16, 2011, 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 Quality 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

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NCDENR
North.Carolina Department of Environment and Natural Resources
- Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
November 16, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 8004
Mr. J. Robert Boyette
City of Marion
P.O. Drawer 700
Marion,North Carolina 28752
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 NCO031879
City of Marion
Corpening Creek WWTP
Case No. LV-2011-0291
McDowell County
`- Dear Mr. Boyette:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$2,642.00 ($2,500.00 civil penalty+ $142.00 enforcement costs)against the City of Marion.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the City of Marion for the month of January 2011. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0031879. The violations which occurred in
January 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the City of Marion violated the
terms, conditions or requirements of NPDES Permit NC0031879 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 Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
the City of Marion:
One
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 `c
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.oLg

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0031879, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$312.50 NC00318799 by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for BOD - Conc.
3 of the 3 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$937.50 NC00318795 by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$1,250.00 NC0031879, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Conc.
$2,500.00 TOTAL CIVIL PENALTY
$142.00 Enforcement Costs
$2,642.00 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-
2 82.1(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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Tease submit payment to the
attention of.
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

OR
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 Quality 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 14313-282.1(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 Quality 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 nofice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 of.
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck Cr ford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments
S:,,5��'`F':Iv2c:C)twill\ih'�stetvatLr`i1unicir�al,(,'c�rEreni Creel,WWTP318r9`dV1011-(.29Ldoe r
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JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0291 County: McDowell
Assessed Party: City of Marion
Permit No. : NC0031879 Amount Assessed: $2,642.00
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 applies. 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 ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
CITY OF MARION/ CORPENING CREEK )
PERMIT NO. NCO031879 ) FILE NO. LV-2011-0291
Having been assessed civil penalties totaling $2,642.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 16, 2011,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 Quality 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

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NCDENR
North Carolina Department of Environment and Natural Resources
- Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
November 17, 2011.
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 8035
Mr. Jeffery V. Morse
Town of Valdese
121 Faet Street
Valdese,North Carolina 28690
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 NCO041696
Town of Valdese
Lake Rhodiss WWTP
Case No. LV-2011-0294
Burke County
—' Dear Mr. Morse:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$2,142.00 ($2,000.00 civil penalty+ $142.00 enforcement costs) against the Town of Valdese.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the Town of Valdese for the month of March 2011. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0041696. The violations which occurred in
March 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Valdese violated the
terms, conditions or requirements of NPDES Permit NCO041696 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 Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
the Town of Valdese:
�� NOne
hCarolina
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone: [phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterauality.org

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$500.00 NC0041696, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6)and NPDES Permit No.
$1,500.00 NC0041696, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Conc.
$2,000.00 TOTAL CIVIL PENALTY
$142.00 Enforcement Costs
$2,142.00 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-
2 82.1(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. J
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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.
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a_written_re uest_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 i
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 Quality 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 14313-282.1(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 Quality 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 Quality also requests that
r' you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 Tilings 1Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except or
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 DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck Cr ord, Regional Supervisor
Surface Water Protection'�ection
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments
S:'��V'L"I3azl z Va'asuti��i.arlifunicipalCVa�ldese 4vE T11 41696`•.L.V-20I1-0294Aoc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0294 County: Burke
Assessed Party: Town of Valdese/ Lake Rhodhiss WWTP
Permit No. : NC0041696 Amount Assessed: $2,142.00
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 applies. 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.l(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 ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BURKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TOWN OF VALDESE/ LAKE RHODHISS )
WWTP )
PERMIT NO.NCO041696 ) FILE NO. LV-2011-0294
Having been assessed civil penalties totaling$2,142.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 17, 2011, 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 Quality 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 920
SIGNATURE
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
3everly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 17, 2011
Mr. Donald L. Harrison, Jr.
2318 Sherwood Ave.
Charlotte,NC 28207
Subject: 401 Water Quality Certification-Approval
Harrison Property Lot 8—Shoreline Stabilization
DWQ Project# 11-0845
Jackson County
LTN02/Glenville Lake (Thorpe Lake)/2-79-23-(1)/WS-III, HQW,B
Dear Mr. Harrison:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
sociated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact approximately 0.014 acres of open waters
(approximately 125 linear feet,refer to table next page)for the purpose of shoreline stabilization at the subject
property. This approval requires you to follow the conditions listed in the attached Certification and any
additional conditions listed below.
Project impacts are covered by General Water Quality CertificationNumber 3693. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including (but not limited to)Erosion and Sediment
Control regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
_—you mustnoti fu-s and may-be-re ulred—to-submit a-new application. - -- ---- ------- -Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One t
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCarolina.
Internet:www.ncwaterquality.org Naturally
l� �//y
An Equal Opportunity 1 Affirmative Action Employer �/ i

Mr.Harrison
November 17,2011
Page 2 of 2
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) 'Plan Location or Reference
Waters Appx. 0.014 acres Application;
(Appx. 125 linear feet) Correspondence dated
[Appx. 95 linear feet dry November 4, 2011
stack wall (along with rip-
rap*); appx. 30 linear
feet, rip-rap only]
*Refer to Duke Energy
guidelines for dry stack
boulder wall design
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts),you may ask for an ad judicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings,6714 Mail Service Center, Raleigh,N.C. 27699- J
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Susan A. Wilson in the Asheville Regional Office
at(828)296-4500.
Sincerely,
FOR Coleen H. Sullins, Director
CHS/saw
Enc: GC3693
Certificate of Completion
Cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
Robert Shelton, Jackson County Planning
Lisa Leatherman, Duke Energy—Lake Services
File Copy
S:\SWP\Jackson\401s\Non-DOT\Harrison Prop 2011\APRVL.Harrison Prop Glenville.11201 Ldoc

_*41W
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 17, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED — 7010 1870 0003 0874 8011
Mr. Garvin Trinks
McDowell County Schools
2107 Sugar Hill Road
Marion,North Carolina 28752
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 NCO067148
McDowell County Schools
Nebo Elementary School WWTP
Case No. LM-2011-0036
McDowell County
Dear Mr. Trinks:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$392.00
($250.00 civil penalty+ $142.00 enforcement costs) against McDowell County Schools.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by McDowell County Schools for the month of April 2011.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0067148. The violations which occurred in
April 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that McDowell County Schools violated
the terms, conditions or requirements of NPDES Permit NCO067148 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 -
provded by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
McDowell County Schools:
NeorthCarohna
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.org

0 of the 1 violations of&S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0067148, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for NH3-N- Cone.
1 of the 1 violations of G.S. 143-215.l(a)(6) and NPDES Permit No.
$250.00 NC0067148, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N- Conc.
$250.00 TOTAL CIVIL PENALTY
$142.00 Enforcement Costs
$392.00 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-
2 82.1(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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
-- - -
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 Quality 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 14313-282.1(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 Quality 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 Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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
--
Adminstrative Hearings uring normal o�ficehours.Tle Office of-administrative earmgs
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 DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely, x
'/4
Chuck Cranf4d, Regional pervisor ,\
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments
James &James Environmental/ORC w/attachments
-5 -'+T',Nlc Dowel 11 Waste watcr.Minors\Nebo School 07148\L.N-2011-00 0.doc
Y�
. ....._..... .__._... .

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LM-2011-0036 County: McDowell
Assessed Party: McDowell County Schools/ Nebo Elementary
Permit No.: NC0067148 Amount Assessed: $392.00
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 applies. 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 ENVIRONMENT
COUNTY OF MCDOWELL AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
MCDOWELL COUNTY SCHOOLS/ )
NEBO ELEMENTARY SCHOOL )
PERMIT NO. NCO067148 ) FILE NO. LM-2011-0036
Having been assessed civil penalties totaling $392.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 17, 2011, 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 Quality 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

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RMENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
November 17, 2011
Mr. Tracy F. Hargrove
Haywood County Board of Education
401 Farmview Dr
Waynesville NC 28786
SUBJECT: Compliance Evaluation Inspection
Bethel School WWTP
Permit No: NCO067351
Haywood County
Dear Mr.Hargrove:
Enclosed please find a copy of the Compliance Evaluation Inspection conducted
on November 2, 2011.
As the facility is at or near the age of its life expectancy, an evaluation should be
conducted to determine if rehabilitation or replacement of the facility would be the better
course of action. No violations of permit requirements or applicable regulations were
observed during this inspection.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500.
Sincerely,
Jeff Menzel
Environmental Specialist
Enclosure
cc: Mark Fredrick Teague, ORC
Central Files
Asheville Files.
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolina
Phone: [phone]\FAX:[phone]\Customer Service: 1-877-623-6748 �attrr'allt�
�i Internet:www.ncwaterguality.org S:\SWP\Haywood\Wastewater\Minors\Bethel School 67351\67351 CEI 201.docx

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United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
Approval expires 8-31-98
Section A: National Data System Coding(i.e.,PCS)
Transaction Code NPDES YY
r/mo/da Inspection Type Inspector Fac Type
1 ni I 2 15 t 3I NCO067351 111 121 11/11/02 117 18'C 19 c 1 20' I
.-!! Remarks �-!! t�
211111 1
IIIIIIIIIIIIIII111111111111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA
-------------—------------Reserved----------------------
671 69 70 U 71 I I 72I N I 73IW I 174 751 1 1
Li 0
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number) 11/02/01
10:00 AM 11111/02
Bethel School WWTP
Exit Time/Date Permit Expiration Date
US Hwy 276 W
12:00 PM 11/11/02 16/01/31
Waynesville NC 28786
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
nr
Mark Fredrick Teague/ORC/828-293-9396/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Ted L Norman,630 Sonoma Rd Waynesville NC 28786/1828-646-3442/ No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Operations&Maintenance 0 Facility Site Review
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(p)of In ctor(s) Agency/Office/Phone and Fax Numbers Date
Jeff Menzel ARO WQ//828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont. 1
3� 11 12 17 18��
NCO067351 � � 11/11/02
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
The aeration basin appears to be providing enough air for good treatment, however the tank itself is rusting
out and two of the return lines are also rusting out. The integrity of the plant's walls should be monitored
closely. Measures should be taken to repair or add support to the return lines before they fail.
At the time of inspection the clarifier was providing adequate treatment but some of the materials are
starting to show their age and should be monitored closely by the operator and the maintenance staff.
As the facility is at or near the age of its life expectancy, an evaluation should be conducted to determine if
rehabilitation or replacement of the facility would be the better course of action.
Page# 2

Permit: NCO067351 Owner-Facility: Bethel School WWTP
Inspection Date: 11/02/2011 Inspection Type: Compliance Evaluation
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? Q Q Q
Does the facility analyze process control parameters,for ex:MLSS,MCRT,Settleable Solids,pH, DO,Sludge ■ ❑ 11 Q
Judge,and other that are applicable?
Comment:
Aeration Basins Yes No NA NE
Ext.Air
Mode of operation
Diffused
Type of aeration system
Is the basin free of dead spots? ❑ Q
Are surface aerators and mixers operational? ❑ Q
Are the diffusers operational? 0 ❑ ❑
Is the foam the proper color for the treatment process? ❑ Q
Does the foam cover less than 25%of the basin's surface? ❑ C1
Is the DO level acceptable? ❑ ❑ 11 N
Is the DO level acceptable?(1.0 to 3.0 mg/1) Q Q Q 0
Comment: The aeration basin appears to be providing enough air for good treatment,
however the tank itself is rusting out and two of the return lines are also rusting out. The
integrity of the plant's walls should be monitored closely. Measures should be taken to
repair or add support to the return lines before they fail.
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? 0 ❑ ❑
Is the site free of excessive buildup of solids in center well of circular clarifier? ■ Q ❑
Are weirs level? 0 n 0 0
Is the site free of weir blockage? 0 ❑ n
Is the site free of evidence of short-circuiting? ❑ Q Q
Is scum removal adequate? N Q ❑ ❑
Is the site free of excessive floating sludge? N ❑ ❑ ❑
Is the drive unit operational? n
Is the return rate acceptable(low turbulence)? 0 ❑ ❑ Q
Is the overflow clear of excessive solids/pin floc? Q Q Q
Is the sludge blanket level acceptable?(Approximately'/4 of the sidewall depth) 0 0 ❑ E
Page# 3

Permit: NC0067351 Owner-Facility: Bethel School WWTP
Inspection Date: 11/02/2011 Inspection Type: Compliance Evaluation
Secondary Clarifier Yes No NA NE
Comment: At the time of inspection the clarifier was providing adequate treatment but
some of the materials are starting to show their age and should be monitored closely by
the operator and the maintenance staff.
Page# 4

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 17, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED - 7010 1870 0003 0874 8028
Mr. Cameron McHargue, Town Manager
Town of Spindale
P.O. Box 186
Spindale,North Carolina 28160
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 NCO020664
Town of Spindale
Spindale WWTP
Case No. LV-2011-0295
Rutherford County
Dear Mr. McHargue:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$392.00
($250.00 civil penalty+ $142.00 enforcement costs) against the Town of Spindale.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the Town of Spindale for the month of April 2011. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0020664. The violations which occurred in
April 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Spindale violated the
terms, conditions or requirements of NPDES Permit NCO020664 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 Environment and Natunil Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
the Town of Spindale:
No aturQ�� a
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwate[guality.org

A
0 of the 1 violations of G.S. 143-215.1(a)(6)and NPDES Permit No.
$.00 NC0020664, by discharging waste water into the waters of the State
in violation of the Permit Monthly Geometric Mean limit for FEC
COLI.
1 of the 3 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0020664, by discharging waste water into the waters of the State
in violation of the Permit Weekly Geometric Mean limit for FEC
COLI.
$250.00 TOTAL CIVIL PENALTY
$142.00 Enforcement Costs
$392.00 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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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.
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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 Quality 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 14313-282.1(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 Quality 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 Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck Crafiford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments
5:1S1t'Piiliitherfard,tG'rste��ater:lvlumsipal`v5 indaleWWTP20604"IN-2011-0295.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0295 County: Rutherford
Assessed Party: Town of Spindale
Permit No.: NC0020664 Amount Assessed: $392.00
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 applies. 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. 14313-282.1(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 ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF RUTHERFORD
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
TOWN OF SPiNDALE
STIPULATION OF FACTS
)
}
PERMIT NO. NCO020664 ) FILE NO. LV-2011-0295
Having been assessed civil penalties totaling $392.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 17, 2011, 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 Quality 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
i
SIGNATURE
ADDRESS
TELEPHONE

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KMENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 18, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 8158
Mr. J. Robert Boyette
City of Marion
P.O. Drawer 700
Marion,North Carolina 28752
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 NCO031879 .
City of Marion
Corpening Creek WWTP
Case No. LV-2011-0298
McDowell County
Dear Mr. Boyette:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$2,392.00 ($2,250.00 civil penalty+$142.00 enforcement costs) against the City of Marion.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the City of Marion for the month of May 2011. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0031879. The violations which occurred in
May 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the City of Marion violated the
terms, conditions or requirements of NPDES Permit NCO031879 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 Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
the City of Marion:
ne
NorthCarolina
` Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.org

!of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$375.00 NC0031879, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for BOD - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$375.00 NC0031879, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$1,500.00 NC0031879, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Conc.
$2,250.00 TOTAL CIVIL PENALTY
$142.00 Enforcement Costs
$2,392.00 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-
2 82.1(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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 Quality 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 14313-282.1(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 Quality 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 Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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: i
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 DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 of
the Water Quality staff of the Asheville Regional.Office at 828-296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments
5''•StiVY`•,R1cDcstic�(It��'astei�ater v9um�t�al!C:'o�17�iiur .(:'reek WWTII 31874QN-2011-0298.doc
r

JUSTIFICATION FOR REMISSION REQUEST
DWQ',Case Number: LV-2011-0298 County: McDowell
Assessed Party: City of Marion
Permit No.: NC0031879 Amount Assessed: $2,392.00
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 applies. 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 ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
CITY OF MARION/ CORPENING CREEK )
PERMIT NO. NCO031879 ) FILE NO. LV-2011-0298
Having been assessed civil penalties totaling$2,392.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 18, 2011, 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 Quality 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

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 18, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 8141
Mr. Steve Sheets/CEO
Linville Ridge Country Club
P.O. Box 704
Linville,North Carolina 28646
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 NCO062413
Linville Ridge Country Club
Linville Ridge Country Club WWTP
Case No. LV-2011-0299
,r.
Avery County
Dear Mr. Sheets:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$342.00
($200.00 civil penalty+ $142.00 enforcement costs) against Linville Ridge Country Club.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Linville Ridge Country Club for the month of May 2011.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0062413. The violations which occurred in
May 2011 are summarized in Attachment A to this letter.
Based upon the above facts,I conclude as a matter of law that Linville Ridge Country Club
violated the terms, conditions or requirements of NPDES Permit NCO062413 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-
pro-vided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
Linville Ridge Country Club:
r NorthCarolina
JVatura!!�
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.org

2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$200.00 NC0062413, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
200.00 TOTAL CIVIL PENALTY
$142.00 Enforcement Costs
$342.00 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. 14313-
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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 Quality at the address listed below. Iny
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 14313-282.1(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 Quality 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 Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
F Division of Water Quality
- 1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck Cfa4ord, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments J
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments
James &James Environmental/ORC w/attachments
Sa'S WPlI wery\\VasteN\ater`,.Minors`t-inviIle Ridge County Club 6241:3'a,V-2011-0299.doe

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0299 County: Avery
._ Assessed Party: Linville Ridge Country Club
Permit No.: NC0062413 Amount Assessed: $342.00
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 applies. 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:
�l

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF AVERY
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
LINVILLE RIDGE COUNTRY CLUB )
PERMIT NO. NCO062413 ) FILE NO. LV-2011-0299
Having been assessed civil penalties totaling $342.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 18, 2011, 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 Quality 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
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WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins Dee Freeman
Governor Director Secretary
November 18, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 8134
Mr. Parks Banks
P.O. Box 707
Mountain Home,North Carolina 28758
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 NCO060283
Parks Banks
Ridgeview Acres Mobile Home Park WWTP
Case No. LV-2011-0301
Buncombe County
Dear Mr. Banks:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$492.00
($350.00 civil penalty+ $142.00 enforcement costs) against Parks Banks.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Parks Banks for the month of June 2011. This review has
shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NC0060283. The violations which occurred in June 2011
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Parks Banks violated the terms,
conditions or requirements of NPDES Permit NCO060283 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 Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
Parks Banks:
ne
NorthCarolina
Nahlrally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 G"—
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.org

1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0060283, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for TSS - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0060283, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Conc.
$350.00 TOTAL CIVIL PENALTY
$142.00 Enforcement Costs
$492.00 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-
2 82.1(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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 Quality 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 14313-282.1(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 Quality 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 Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck Cra6rd, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments
TREVCO/ORC w/attachments
5 ,5�'P`,t3uncoinb��l asteF�rt�€.R1inc r,:ffirl e�ieFti Acres.111P 60283TV-201 1-0301.doc
........ ._..__...

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0301 County: Buncombe
Assessed Party: Parks Banks/ Ridgeview Acres MHP
Permit No.: NC0060283 Amount Assessed: $492.00
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 applies. 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. 14313-282.1(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 ENVIRONMENT
COUNTY OF BUNCOMBE AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT
WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
PARKS BANKS / RIDGEVIEW ACRES MHP STIPULATION OF FACTS
PERMIT NO. NCO060283 )
FILE NO. LV-2011-0301
Having been assessed civil penalties totaling $492.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 18, 2011, 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 Quality 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
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
i Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 18, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 4982
Mr. Gary Jensen
The Switzerland Inn
P.O. Box 399
Little Switzerland,North Carolina 28749
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 NCO030996
The Switzerland Inn
The Switzerland Inn WWTP
Case No. LV-2011-0300
McDowell County
`- Dear Mr. Jensen:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$492.00
($350.00 civil penalty+ $142.00 enforcement costs) against The Switzerland Inn.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by The Switzerland Inn for the month of May 2011. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0030996. The violations which occurred in
May 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that The Switzerland Inn violated the
terms, conditions or requirements of NPDES Permit NCO030996 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 Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
The Switzerland Inn:
-� ne
NorthCarohna
Jhatt(rally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwatergualitv.oM

1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0030996, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0030996, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD - Conc.
$350.00 TOTAL CIVIL PENALTY
$142.00 Enforcement Costs
$492.00 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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 Quality 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 14313-282.1(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 Quality 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 Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality .
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck C ord, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments
KACE Environmental/ORC w/attachments
S .��'P,tvtr,llc�aEli;«'asCe�� tei;_Iinias5�.��1rerl and tnn f)99(`•.L.:V-01'I-0300.doc

JUSTIFICATION FbR REMISSION REQUEST
DWQ Case Number: LV-2011-0300 County: McDowell
Assessed Party: The Switzerland Inn
Permit No.: NCO030996 Amount Assessed: $492.00
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 applies. 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
i 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 ENVIRONMENT
COUNTY OF MCDOWELL AND NATURAL RESOURCES
1
IN THE MATTER OF ASSESSMENT
WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
THE SWITZERLAND INN
STIPULATION OF FACTS
)
PERMIT NO. NCO030996 ) FILE NO. LV-2011-0300
Having been assessed civil penalties totaling $492.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 18, 2011, 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 Quality 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

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NCDENR.
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H,Sullins Dee Freeman
Governor Director Secretary
November 18, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 8165
Mr. James J. Schenker, Environmental Associate
T A Operating LLC
24601 Center Ridge Road
Westlake, Ohio 44145-5634
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 NCO085952.
T A Operating LLC
Candler Travel.Center WWTP
Case No. LM-2011-0037
Buncombe County
�- Dear Mr. Schenker:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$267.00
($125.00 civil penalty+ $142.00 enforcement costs) against T A Operating LLC.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR)submitted by T A Operating LLC for the month of April 2011. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0085952. The violations which occurred in
April 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that T A Operating LLC violated the
terms, conditions or requirements of NPDES Permit NCO085952 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 Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford,Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against T
A Operating LLC:
ne
NorthCarolina
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
internet:www.ncwatergualitv.or9

0 of the 1 violations.of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0085952, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD - Conc.
0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0085952, by discharging waste water into the waters of the State
in violation of the Permit Daily Minimum limit for DO.
1 of the 1 violations of G.S. 143-215.1(a)(6)and NPDES Permit No.
$125.00 NC0085952, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
$.00 For 0 of the 1 failures to properly monitor CHLORINE in violation
of NPDES Permit No. NC0085952.
$125.00 TOTAL CIVIL PENALTY
$142.00 Enforcement Costs
$267.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determiningthel 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; U
(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 days of receipt of this notice,you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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:
Point-Source Compliance/Enforcement Unit --
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR i
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 Quality 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 14313-282.1(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 Quality 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 Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 fazed`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 i
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 DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
{
Sincerely,
Chuck Cr ord, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments
James&James Environmental/ORC w/attachments
4 sSbUP`d:.3w�conzbelhv'a�t�titater;vimo�s`••Candler"!.`rival Center 8-;9�'2\1.A-''011-0037.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LM-2011-0037 County: Buncombe
` Assessed Party: T A Operating LLC/ Candler Travel Center
Permit No: NC0085952 Amount Assessed: $267.00
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 applies. 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 ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
T A OPERATING LLC / CANDLER TRAVEL )
PERMIT NO. NCO085952 ) FILE NO. LM-2011-0037
Having been assessed civil penalties totaling $267.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 18, 2011, 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 Quality 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 320
SIGNATURE
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 18, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 8172
Mr. Wittner Wright
Havon Inc.
P.O. Box 1180
Candler,North Carolina 28715
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 NCO075388
Havon Inc.
Pleasant Cove Home WWTP
Case No. LV-2011-0296
f-
Buncombe County
f
Dear Mr. Wright:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$442.00
($300.00 civil penalty+ $142.00 enforcement costs) against Havon Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Havon Inc. for the month of March 2011. This review has
shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NC0075388. The violations which occurred in March 2011
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Havon Inc. violated the terms,
conditions or requirements of NPDES Permit NC0075.388 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 Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
Havon Inc.:
NorthCarolina
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S. Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwatergualitv.orggy�

3 of the 3 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$300.00 NC0075388, by discharging.waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
$300.00 TOTAL CIVIL PENALTY
$142.00 Enforcement Costs
$442.00 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. 14313-
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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 Quality at the address listed below. In rJ
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 14313-282.1(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 Quality 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 Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
p�f
Chuck Cr' ford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments
James&James Environmental/ORC w/attachments
:'ISWP\Biiticoinb '�WasteNFaten_�linors\Ilavon Inc.Canterbury hills 75 881V-_'011-029Ei.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0296 County: Buncombe
Assessed Party: Havon Inc./Pleasant Cove Rest Home
Permit No.: NC0075388 Amount Assessed: $442.00
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 applies. 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 ENVIRONMENT
COUNTY OF BUNCOMBE AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
HAVON INC. / PLEASANT COVE REST HOME)
PERMIT NO. NCO075388 ) FILE NO. LV-2011-0296
Having been assessed civil penalties totaling $442.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 18, 2011, 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 Quality 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

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
November 18, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 8189
Ms. Cathy Childrey
Mizpah Healthcare Inc.
P.O. Box 1029
Marion,North Carolina 28752-1029
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 NCO071897
Mizpah Healthcare Inc.
Henderson's Assisted Living WWTP'
Case No. LV-2011-0297
Henderson County
Dear Ms. Childrey :
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$442.00
($300.00 civil penalty+ $142.00 enforcement costs) against Mizpah Healthcare Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by Mizpah Healthcare Inc. for the month of April 2011. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0071897. The violations which occurred in
April 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Mizpah Healthcare Inc. violated the
terms, conditions or requirements of NPDES Permit NCO071897 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 11 Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
Mizpah Healthcare Inc.:
NcorthCarolina
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterauality.org

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0071897, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD - Conc.
3 of the 3 violations of G.S. 143-215.l(a)(6) and NPDES Permit No.
$300.00 NC0071897, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD - Conc.
$300.00 TOTAL CIVIL PENALTY
$142.00 Enforcement Costs
$442.00 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-
2 82.1(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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 Quality 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 14313-282.1(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 Quality 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 Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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:

I
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 DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely
Chuck CranIord, Regional�upervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments
James &James Environmental/ORC w/attachments
5`,411"1'•Flendersun•.44'asteiraterC�1ira asllend�r,cm's Assisted 1_ivin.o%1897\LV-2011-0297.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0297 County: Henderson
Assessed Party: Mizpah Inc./ Henderson's Assisted Living
Permit No.: NCO071897 Amount Assessed: $442.00
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. § 14313-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. 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 ENVIRONMENT
COUNTY OF HENDERSON AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
MIZPAH INC. / HENDERSON'S ASSISTED )
LIVING )
PERMIT NO. NCO071897 ) FILE NO. LV-2011-0297
Having been assessed civil penalties totaling$442.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 18, 2011,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 Quality 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

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A+VIA
NCQENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 21,2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 70101870 0003 0874 7908
Ms. Deb Whitmore
NC Outward Bound School
2582 Riceville Road
Asheville,North Carolina 28805
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2011-MV-0180
NC Outward Bound School WWTP
NPDES Permit No.NCO040754
Burke County
Dear Ms. Whitmore:
A review of the March 2011 self-monitoring report for the subject facility revealed violations of the
following parameters:
- Date Outfall Parameter Measuring Frequekey Violation
03/05/2011 001 BOD Weekly Failure to Monitor
03/12/2011 001 BOD Weekly Failure to Monitor
03/05/2011 001 Fecal coliform Weekly Failure to Monitor
03/12/2011 001 Fecal coliform Weekly Failure to Monitor
03/05/2011 001 DO Weekly Failure to Monitor
03/05/2011 001 Flow Weekly Failure to Monitor
03/05/2011 001 pH Weekly Failure to Monitor
03/05/2011 001 TSS Weekly Failure to Monitor
03/12/2011 001 TSS Weekly Failure to Monitor
03/05/2011 001 Temperature Weekly Failure to Monitor
A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the
noted violation of-North Carolina GeneralStatute (G.S.)-143-215.1 and NPDES Permit No.-NCOONCO040754.
Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be
assessed against any person who violates or fails to act in accordance with the terms, conditions, or
requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information
regarding the noted violation, request technical assistance, or discuss overall compliance please respond in
writing within ten(10) days after receipt of this Notice. A review of your response will be considered along
_SCfRFACE WATER PROTECTION SECTION—ASI IEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]\Fax:[phone]\Customer Service: 1-877-623-6748 NorthCarolina
Internet:http:llportal.nodenr.oro(weblwo ;Vntural4il
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled/10%Post Consumer paper

Ms. Deb Whitmore
November 21, 2011
Page Two
with any information provided on the March 2011 Discharge Monitoring Report. You will then be notified of
any civil penalties that may be assessed regarding the violations. If no response is received in this Office
within the 10-day period, a civil penalty assessment may be prepared.
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Quality may pursue enforcement actions for this and any additional violations. If the violations are 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. You may
contact this Office for additional information.
If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or
me at 8281296-4500.
Sincerely,
Chuck Cran ord, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files J
Bob Guerra/DWQ Point Source Branch
S 1ti��'1>',Burk�',.ti':st��ti if�x,t4inur ti('Outward Bound 40754iNOV-NRll 201 l-NIV-010.doc

A4 „
Z.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 21, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 7922
Mr. Ik Soo Kim, Owner
I T&K Enterprises
3365 Sugar Hill Road
Marion,North Carolina 28752
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 NCO086428
I T& K Enterprises
Marion Travel Plaza WWTP
Case No. LV-2011-0303
McDowell County
Dear Mr. Kim:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$517.00
($375.00 civil penalty+ $142.00 enforcement costs) against I T& K Enterprises.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by I T & K Enterprises for the month of June 2011. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit N00086428. The violations which occurred in
June 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that I T&K Enterprises violated the
terms, conditions or requirements of NPDES Permit NCO086428 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 Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against I
T& K Enterprises:
None
rthCarohna
NaturallrY
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE LA.—
Location:2090 U.S. Highway 70,Swannanoa, NC 28778
Phone: [phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.org

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$375.00 NC0086428, by discharging waste water into the waters of the State \
in violation of the Permit Monthly Average limit for NH3-N- Cone.
$375.00 TOTAL CIVIL PENALTY
$142.00 Enforcement Costs
$517.00 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. 14313-
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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 Quality 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 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
i' (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 Quality 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 Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center.
Raleigh,North Carolina- 27699-1617
OR
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 DENR as follows:
Mary Penny Thompson, General Counsel
DENR '
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (riot 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 of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck Cf rd, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments-
Environmental Inc./ORC w/attachments
:�5�'Yi(v1cDa� elilVrash�aater`�11in<vrsltitar�ai�Tr elPlLva86428\1-V'201l-0303.doe
i

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0303 County: McDowell
Assessed Party: I T & K Enterprises/ Marion Travel Plaza
Permit No.: NCO086428 Amount Assessed: $517.00
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. § 14313-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. 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. 14313-282.1(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 ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
I T&K ENTERPRISES/ MARION TRAVEL )
PLAZA )
PERMIT NO. NCO086428 ) FILE NO. LV-2011-0303
Having been assessed civil penalties totaling$517.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 21, 2011,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 Quality 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

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
\ Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 21, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 7915
Mr. Chris Braund, Town Manager
Town of Lake Lure
P.O. Box 255
Lake Lure,North Carolina 28746-0255
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 NCO025381
Town of Lake Lure
Lake Lure WWTP
Case No. LV-2011-0302
Rutherford County
�- Dear Mr. Braund:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,267.00 ($1,125.00 civil penalty+ $142.00 enforcement costs) against the Town of Lake Lure.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the Town of Lake Lure for the month of April 2011. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0025381. The violations which occurred in
April 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Lake Lure violated the
terms, conditions or requirements of NPDES Permit NCO025381 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 Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
the Town of Lake Lure:
Nor`rthCarohna
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE'
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterauality.org

1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$1,125.00 NC0025381, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N- Conc.
$1,125.00 TOTAL CIVIL PENALTY
$142.00 Enforcement Costs
$1,267.00 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. 14313-
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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources(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:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina ,27699-1617
OR
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 Quality 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 14313-282.1(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 Quality 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 Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 DENR as follows:
Mary Penny Thompson, General Counsel )
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
r �A
Chuck Cra' ord, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments
James & James Environmental/ORC w/attachments
S:'.S1�I'C(Zu@le rfc rdt��'tr5ic�tt3tzrCMu.nic.ipal.Lat1 e Lure 4bW 1?2538111_V-20((-O 0"doc
�J

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0302 County: Rutherford
Assessed Party: Town of Lake Lure
Permit No: NCO025381 Amount Assessed: $1,267.00
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 applies. 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 ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF RUTHERFORD
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TOWN OF LAKE LURE )
PERMIT NO. NCO025381 ) FILE NO. LV-2011-0302
Having been assessed civil penalties totaling $1,267.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 21, 2011,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 Quality 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

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman '
Governor Director Secretary
November 22, 2011
Mr. James J. Schenker, Environmental Associate
T A Operating LLC
24601 Center Ridge Road
Westlake, Ohio 44145-5634
Subject: NOTICE OF VIOLATION
NOV-2011-LV-0564
Permit No. NCO085952
Candler Travel Center WWTP
Buncombe County
Dear Mr. Schenker:
A review of Candler Travel Center's WWTP monitoring report for May 2011 showed the following
violations:
Parameter Date Limit Value Reported Value Limit Type
DO, Oxygen, Dissolved 05/20/2011 6 mg/I 5.41 mg/I Daily Minimum
Not Reached
DO, Oxygen, Dissolved 05/04/2011 6 mg/I 5.43 mg/I Daily Minimum
Not Reached
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance.
Remedial actions should betaken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please call Janet Cantwell at 828-296-4600.
Sincerely,
Chuck Crarf# rd, Regional Supervisor
Surface Water Protection Section
\cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ORC
S:1SWP\Buncorobe\WBStewater\Minors\Cannier Travel Center 8595MOV-2011-L.V-0564.doc ne
No&Carolina
�atura!!r�
North Carolina Division of Water Quality/' 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwateraualitv.orp FAX [phone] 1-877-623-6748

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 22,2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 7960
Mr. James J. Schenker,Environmental Associate
T A Operating LLC
Candler Travel Center
24601 Center Ridge Road
Westlake,Ohio 44145-5634
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2011-LV-0567
Candler Travel Center WWTP
NPDES Permit No.NCO085952
Buncombe County
',-_wear Mr. Schenker:
A review of the June 2011 self-monitoring report for the subject facility revealed a violation of the
following parameter:
Date Outfall Parameter Reported Value Permit Limit
06/30/2011 001 Ammonia Nitrogen 3.4 mg/L 2 mg/L
A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0085952.
Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be
assessed against any person who violates or fails to act in accordance with the terms, conditions, or
requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information
regarding the noted violation, request technical assistance, or discuss overall compliance please respond in
writing within ten(10)days after receipt of this Notice. A review of your response will be considered along
with any information provided on the June 2011 Discharge Monitoring Report. You will then be notified of any
civil penalties that may be assessed regarding the violations. If no response is received in this Office within
the 10-day period, a civil penalty assessment may be prepared.
s(fRFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE 'y%,.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]\Fax:[phone]\Customer Service: 1.-877-623-6748 NorthCarolina
Internet:_h_ttp://i)ortal.ncdenr.org/web/wp vah0ai&
An Equal Opportunity\Affirmative Action Employer—50%Recycled/10%Post Consumer paper `/

Mr. James J. Schenker
November 22, 2011
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Quality may pursue enforcement actions for this and any additional violations. If the violations are 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. You may
contact this Office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
Bob Guerra/DWQ Point Source Branch
S`ISWIIyF3inicottt'Fee" astew,at&%Minor`d.'aniiticr"ti ivcI Center 859 21'N()V 201 C-IN-056--doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
`-� Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 22, 2011
The Honorable Garland Norton
Mayor of Old Fort
38 Catawba Avenue
Old Fort, N.C. 28762
Subject: Compliance Evaluation Inspection
Town of Old Fort WWTP
NPDES Permit No. NCO021229
McDowell County
Dear Mayor Norton:
I conducted a `un-announced' Compliance Evaluation Inspection (CEI) of the NPDES system
that serves the Town of Old Fort on November 16, 2011. The reason for the CEI was to review the
terms, conditions, and modifications of permit NC0021229, upon renewal dated November 1,
20113he assistance and cooperation of Mr. Tony West, ORC of Old Fort WWTP, in conducting
the CEI was greatly appreciated. Based on records reviewed, on-site discussions with Tony, the
Old Fort WWTP NPDES system was determined to be in compliance with permit NC0021229. A
report is attached for your records and findings are summarized.
Site/System Review
The current NPDES WWTP System consists of a bar screen, Influent Pump station and flow meter
with composite sampler, `pista' type grit chamber, an equalization basin, 2-0.600 MGD aeration
basins ,4 secondary clarifiers , a chlorine contact basin with de-chlorination, and effluent flow meter
and composite sampler, as described in the permit. During the Inspection the discharge observed
going into the receiving stream designated as 'Curtis Creek' in the Catawba River Basin, did not
appear to be causing a negative impact, nor were there any indication of foam or visible solids in
the discharge.
Suggestions/Recommendations
The current use of only one aeration basin appears to be functioning well for the Town. The
'floating' aerators may be less efficient and cost more to operate than a modified 'diffused' aeration
system. The WWTP already has `blowers' on-site, used for aeration and mixing of digesters. An
evaluation should be conducted to see if aeration modification would benefit the system. On-site
observations and discussions with ORC regarding condition of the secondary clarifiers indicate
North Carolina Division of Water Quality,Asheville Regional Office
Location:2090 U.S.Hwy.70,Swannanoa,North Carolina 27107 OL �TOne
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 1.N ol'thCarolina
Internet:www.ncwaterquality,org �atlrra!!r�
An Equal Opportunity 1 Affirmative Action Employer

Town of Old Fort,WWTP Discharge
Permit#NCO021229
CEI,Page 2 of 2
there is deterioration of the 'bearings' of the drive systems. This situation can present maintenance
issues in addition to cause deterioration of the final effluent. Please review this condition and seek
a remedy. The situation can definitely create conditions that support non-compliance with NPDES
permit conditions. Composite sampler(s) of Influent and Effluent were operating correctly at the
time of the inspection, with the exception of the thermometer(s) located in each refrigeration unit.
There was no indication on the thermometers as to each ones 'correct/ed' reading. Please review
and make note on each of any temperature corrections. The 'Flow Meter' used for reporting flow(s)
to NCDENR was last calibrated by Tony West, ORC, on July 2011. Tony uses a 'ruler' to
determine the head over the crest of the V-notch weir, of which the accuracy is not determined.
Please modify this method by using a level and square in combination, to more accurately
ascertain flow meter calibration.
If there are questions or additional information is needed regarding system operation,
maintenance, or a NPDES System permit question, please let me know. Thank you for the
opportunity to conduct this Compliance Evaluation Inspection.
Sincerely,
5} �
Donald R. Price, CET
Waste Water Treatment Plant Consultant
Asheville Regional Office
Division of Water Quality
Attachments:
CC: ARO - SWP
Central Files
Tony West, ORC Old Fort WWTP, KACE Environmental
S:\SWP\McDowell\Wastewater\Municipal\Old Fort WWTP 21229\01d Fort CEI Iltr 11 16 2011.doc

United States Environmental Protection Agency Form Approved.
EPA
/� Washington,D.C.20460 OMB No.2040-0057
C r/1 Approval expires 8-31-98
Section A: National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 INI 2 15I 3I NC0021229 L 111 121 11/11/16 117 18I I 191 I 20I
LJ Remarks J IJ
2111111111IIIIIIIIIIII IIII Jill IIII I I I I IIIIIIII1116
Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA -------------—------------Reserved--------------------
67I 169 70131 71 U 72I N I 73 L1J 74 751 I I I I I I 180
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
Old Fort WWTP 12:30 PM 11/11/16 05/11/01
Catawba Ave US Hwy 70 Exit Time/Date Permit Expiration Date
Old Fort NC 28762
02:00 PM 11/11l16 10/01l31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
N/
Anthony Glenn West/ORC/828-668-4561/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Garland Norton, /// No
l' Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit 0 Flow Measurement N Facility Site Review 0 Effluent/Receiving Waters
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s))Jof Inspector(s) Agency/Office/Phone and Fax Numbers Date
Don Price -P, 1"d` iL'- ARO WQ//828-296-4500/
Signature of Management Q A Reviewer%Al Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day inspection Type (cont. 1
31 NC0021229 I11 12, 11/11/16 17 18l^I
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
I conducted a 'un-announced' Compliance Evaluation Inspection (CEI)of the NPDES system that serves
the Town of Old Fort on November 16, 2011. The reason for the CEI was to review the terms, conditions,
and modifications of permit NC0021229, upon renewal dated November 1, 2011.The assistance and
cooperation of Mr. Tony West, ORC of Old Fort WWTP, in conducting the CEI was greatly appreciated.
Based on records reviewed, on-site discussions with Tony, the Old Fort WWTP NPDES system was
determined to be in compliance with permit NC0021229. A report is attached for your records and findings
are summarized.
Site/System Review
The current NPDES WWTP System consists of a bar screen, Influent Pump station and flow meter with
composite sampler, 'pista'type grit chamber, an equalization basin, 2-0.600 MGD aeration basins ,4
secondary clarifiers , a chlorine contact basin with de-chlorination, and effluent flow meter and composite
sampler, as described in the permit. During the Inspection the discharge observed going into the receiving
stream designated as 'Curtis Creek' in the Catawba River Basin, did not appear to be causing a negative
impact, nor were there any indication of foam or visible solids in the discharge.
Suggestions/Recommendations
The current use of only one aeration basin appears to be functioning well for the Town. The 'floating'
aerators may be less efficient and cost more to operate than a modified 'diffused' aeration system.The
WWTP already has 'blowers'on-site, used for aeration and mixing of digesters. An evaluation should be
conducted to see if aeration modification would benefit the system. On-site observations and discussions
with ORC regarding condition of the secondary clarifiers indicate there is deterioration of the 'bearings' of ,\
the drive systems. This situation can present maintenance issues in addition to cause deterioration of the
final effluent. Please review this condition and seek a remedy. The situation can definitely create conditions
that support non-compliance with NPDES permit conditions. Composite sampler(s)of Influent and Effluent
were operating correctly at the time of the inspection, with the exception of the thermometer(s) located in
each refrigeration unit. There was no indication on the thermometers as to each ones 'correct/ed' reading.
Please review and make note on each of any temperature corrections.The 'Flow Meter' used for reporting
flow(s)to NCDENR was last calibrated by Tony West, ORC, on July 2011. Tony uses a 'ruler'to determine
the head over the crest of the V-notch weir, of which the accuracy is not determined. Please modify this
method by using a level and square in combination, to more accurately ascertain flow meter calibration.
If there are questions or additional information is needed regarding system operation, maintenance, or a
NPDES System permit question, please let me know. Thank you for the opportunity to conduct this
Compliance Evaluation Inspection.
Page# 2

Permit: NCO021229 Owner-Facility: Old Fort WWTP
Inspection Date: 11/16/2011 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑
Is the facility as described in the permit? ■ f❑ [I ❑
#Are there any special conditions for the permit? ■ ❑ f_1 ❑
Is access to the plant site restricted to the general public? ■ ❑ ❑ Cl
Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑
Comment:
t
Page# 3

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
' Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 29, 2011
Ms. Cathy Childrey
Mizpah Healthcare Inc.
P.O. Box 1029
Marion, North Carolina 28752-1029
Subject: NOTICE OF VIOLATION
NOV-2011-LV-0582
Permit No. NCO074110
Mountain View Assisted Living WWTP
Henderson County
Dear Ms. Childrey:
A review of Mountain View Assisted Living's WWTP monitoring report for June 2011 showed the
following violation:
Parameter Date Limit Value Reported Value Limit Type
BOD, 5-Day (20 Deg. C) - 06/22/2011 7.5 mg/I 8.6 mg/I Daily Maximum
Concentration Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted.
The Division of Water Quality may pursue enforcement action for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at
8281296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ ORC
S:\SWP\Henderson\Wastewater\Minors\Mountain View Assisted Living 74110\NOV-2011-LV-0582.doc NorthCarolina
Natmrally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org cyv FAX [phone] 1-877-623-6748

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 29, 2011
Ms. Cathy Childrey
Mizpah Healthcare Inc.
P.O. Box 1029
Marion, North Carolina 28752-1029
Subject: NOTICE OF VIOLATION
NOV-2011-LV-0581
Permit No. NCO071897
Henderson's Assisted Living WWTP
Henderson County
Dear Ms. Childrey:
A review of Henderson's Assisted Living WWTP's monitoring report for June 2011 showed the
following violation:
Parameter Date Limit Value Reported Value Limit Type
BOD, 5-Day (20 Deg. C) - 06/08/2011 7.5 mg/I 8.06 mg/I Daily Maximum
Concentration Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted.
The Division of Water Quality may pursue enforcement action for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at
828/296-4500.
Sincerely,
Chuck Cranford, Regional S`Gpervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ORC
S:1SW P\Hende rsonlWastewaterlMinorslNOV-2011-LV-0581.doc NollhCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.org FAX [phone] 1-877-623-6748

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 29, 2011
Mr. Wittner Wright
Havon Inc.
P.O. Box 1180
Candler, North Carolina 28715
Subject: NOTICE OF VIOLATION
NOV-2011-LV-0580
Permit No. NCO075388
Pleasant Cove Home WWTP
Buncombe County
Dear Mr. Wright:
A review of Pleasant Cove Home WWTP's monitoring report for July 2011 showed the following
violation:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 07/26/2011 400#/10Qml 600#/100ml Daily Maximum
Broth,44.5C Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted.
The Division of Water Quality may pursue enforcement action for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at
828/296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ORC
S:lSWP',BuncombetWastewateriMinorsiHavon Inc.Canterbury Hills 753881NOV-2011-LV-0580.doc NonrthCarolina
Natuwllff
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwateraualitv.oro dA FAX [phone] 1-877-623-6748

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins Dee Freeman
Governor Director Secretary
November 29, 2011
Mr. Steve Sheets/CEO
Linville Ridge Country Club
P.O. Box 704
Linville, North Carolina 28646
Subject: NOTICE OF VIOLATION
NOV-2011-LV-0579
Permit No. NCO062413
Linville Ridge Country Club WWTP
Avery County
Dear Mr. Sheets:
A review of Linville Ridge Country Club WWTP's monitoring report for June 2011 showed the
following violation:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 06/30/2011 400#/100ml 600#/100ml Daily Maximum
Broth,44.5C Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted.
The Division of Water Quality may pursue enforcement action for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at
828/296-4600.
Sincerely,
Chuck Cranford, Regional-supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ORC
S:\SWP\Avery\Wastewater\Minors\Linville Ridge County Club 624131NOV-2011-LV-0579.doc None Carolina
Agw1 lly
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwatercluality.org�`^� FAX [phone] 1-877-623-6748

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
.__ Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 29, 2011
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Schools
175 Bingham Road
Asheville, North Carolina 28806
Subject: NOTICE OF VIOLATION
NOV-2011-LV-0578
Permit No. NCO066796
Leicester Elementary School WWTP
Buncombe County
Dear Mr. Hall:
A review of Leicester Elementary School's WWTP monitoring report for May 2011 showed the
following violation:
Parameter Date Limit Value Reported Value Limit Type
Solids, Total Suspended - 05/10/2011 45 mg/1 47.7 mg/I Daily Maximum
Concentration Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted
The Division of Water Quality may pursue enforcement action for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at
828/296-4500.
Sincerely,
Chuck Cranford, Regional Sfipervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
RPB Systems/ORC
One
S:\SWP\Buncombe\Wastewater\Minors\Leicester Elementary 66796\NOV-2011-LV-0578.doc NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwatergualitv.org<tv^' FAX [phone] 1-877-623-6748

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen. H. Sullins Dee Freeman
Governor Director Secretary
November 29, 2011
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Schools
175 Bingham Road
Asheville, North Carolina 28806
Subject: NOTICE OF VIOLATION
NOV-2011-MV-0186
Permit No. NCO086436
Cane Creek Elementary School WWTP
Buncombe County
Dear Mr. Hall:
A review of Cane Creek Elementary School's WWTP monitoring report for April 2011 showed the
following violation:
Parameter Date Measuring Frequency Violation
pH 04/30/2011 Weekly Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4600.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
RPB Systems/ORC
S:1SWP1Buncombe\WastewateriMinors\Cane Creek Middle Sch 86436MV;2011-MV-185.doc NortKarofina
Naturallrf
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwateroualitv.oroq(_1;1 FAX [phone] 1-877-623-6748

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 29, 2011
Dr.Jeff Church, Assistant Superintendent
Auxiliary Services
Caldwell County Schools
1914 Hickory Boulevard
Lenoir, North Carolina 28645
Subject: NOTICE OF VIOLATION
NOV-2011-MV-0183
Permit No. NCO041181
Happy Valley Elementary School WWTP
Caldwell County
Dear Dr. Church:
A review of Happy Valley Elementary School's WWTP monitoring report for May 2011 showed the
following violation:
Parameter Date Measuring Violation
Frequency
Flow, in conduit or thru treatment 05/28/2011 Weekly Failure to Monitor
plant
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
F
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
cc: WQ Asheville Files
DWQ Central Files
Douglas Lee/ORC
S:\SWP1Caldweli\Wastewater\Minors\Happy Valley Elementary School 41181\NOV-2011-MV-0183.doc NorthCarolina
X&I'ally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.org IN-' FAX [phone] 1-877-623-6748

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 29, 2011
Mr. Roger C. Floren, II
Flesher's Fairview Rest Home
P.O. Box 1160
Fairview, North Carolina 28730-1160
Subject: NOTICE OF VIOLATION
NOV-2011-MV-0184
Permit No. NCO034924
Flesher's Fairview Rest Home WWTP
Buncombe County
Dear Mr, Floren:
A review of Flesher's Fairview Rest Home's WWTP monitoring report for April 2011 showed the
following violation:
Parameter Date Measuring Violation
Frequency
Flow, in conduit or thru treatment 04/02/2011 Continuous Failure to Monitor
plant
If the above parameter was left off inadvertently, please send an amended DMR within 10
business days of receipt of this letter to Raleigh at the address found on the front page of your DMR
and also a copy to this office.
It was noted on the reverse of the DMR that a BOD was reported as > 19.6 mg/L. As a reminder:
If a "greater than" value is reported, the numeric portion of the value should be sufficiently high so as to
make the facility aware of the extent of any problems with treatment efficiency. Upon receipt of"greater
than"testing results, a facility should consult its laboratory to see if changes in testing procedure need to
be made in order to get discreet values from the analysis.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4600.
Sincerely,
Chuck Cranfo d Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ORC
S:1SWPlBuncorr7betWastewaterlMinorslFlesher's Rest Home 34924MV-2011-MV-0184.doc NorthCarolina
�QtllCll��j�
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwateraualitv.org �(� FAX [phone] 1-877-623-6748

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 29, 2011
Mr. Mike Moiling
USDI National Park Service
199 Hemphill Knob Road
Asheville, North Carolina 28803
Subject: NOTICE OF VIOLATION
NOV-2011-LV-0570
Permit No. NCO072729
Mount Pisgah Lodge & Recreation Area
WWTP
Dear Mr. Moiling: Haywood County
A review of Mount Pisgah Lodge & Recreation Area WWTP's monitoring report for June 2011
showed the following violation:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 06/07/2011 400#/100ml 600#/100ml Daily Maximum
Broth,44.5C Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted.
The Division of Water Quality may pursue enforcement action for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at
828/296-4500.
Sincerely,
�•y � .
Chuck Cran�®rd, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Roger Edwards/ORC
S:\SWP\Haywood\"'astewater\MinorsiMt, Pisgah Lodge&Rec Area 72729\NOV-201 1-LV-0570Aoc NorthCarolina
�atura!!y
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwatercivality.org dVVN FAX [phone] 1-877-623-6748

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NCDENR
North Carolina Department of Environment and Natural Resources
- Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 29, 2011
Mr. Thomas Rosenberg
Blue Star Camps Inc.
3595 Sheridan Street, Suite 10
Hollywood, Florida 33021
Subject: NOTICE OF VIOLATION
NOV-2011-LV-0574
Permit No. NCO036251
Blue Star Camps WWTP
Henderson County
Dear Mr. Rosenberg:
A review of Blue Star Camps WWTP's monitoring report for May 2011 showed the following
violation:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 05/31/2011 400#/100ml 600#/100ml Daily Maximum
Broth,44.5C Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted.
The Division of Water Quality may pursue enforcement action for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at
8281296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Tom Kilpatrick/ORC
S:1SWP\Heiiderson\WastewatertMinors\Blue Star Camps 352511NOV-2011-LV-0574.doc NoWhCarolina
AWAU 4
North Carolina Division of Water Quality 2090 U.S.Highway 70 $wannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwatergualitv.om <&/" FAX [phone] 1-877-623-6748

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
November 29, 2011
Steven Karl Hill
The Wilds Christian Association Inc
1000 Wild's Rdg Rd
Brevard NC 287127273
SUBJECT: Compliance Evaluation Inspection
The Wilds Christian Camp
Permit No: NCO024376
Transylvania County
Dear Mr. Hill:
Enclosed please find a copy of the Compliance Evaluation Inspection Report from
the inspection which Don Price and I conducted on July 29, 2011. The facility was found
to be in Compliance with permit NC0024376. A copy of this Report was not found in our
!" files, though it should have been mailed to you some time in August. If you have already
received this letter, please disregard this one.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff has any questions, please do not hesitate to call me at
828-296-4500.
MSince
Keith Hay 4s
Environmental Sr. Specialist
Enclosure
cc: Paul David Johnson, ORC
Central Files
Asheville Files
S:ASWP\Transylvania\Wastewater\Minors\The Wilds 24376\CElletter7-29-11.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 NorthCarollina
Internet:www.ncwaterguality.org Na&AdZ1Z>
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United States Environmental Protection Agency
EPA/� Washington,D.C.20460 Form Approved.
OMB No.2040-0057
Water G mmphannp inspection Rppnrt Approval expires 8-31-98
Section A: National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO024376 Ill 121 11/07/29 117 18I1 19I S I 20U
Remarks
2111111111111111111111111111III1111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CA ---------------------------Reserved----------------------
67 I 169 70 U 71 U 72 U N� 73�74 75 I I I I I I (80
Section B: Facility Data '
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
The Wilds Christian Camp 01:00 PM 11/07/29 07/11/01
1000 Wild's Rdg Rd Exit Time/Date Permit Expiration Date
Brevard NC 287127273 02:00 PM 11/07/29 12/08/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Paul David Johnson/ORC/828-884-7811!
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Steven Karl Hill,1000 Wild's Rdg Rd Brevard NC 287127273/ORC/828-884-7811/828862481�
0
Section Q Areas Evaluated During Inspection(Check only those areas evaluated)
Permit .Flow Measurement Operations&Maintenance N Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Don Price ARO WQ//828-296-4500/
Keith Haynes e.4 ARO WQ//828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type 1
3( NC0024376 I11 12, 11/07/29 I17 181 _C %-
I �
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
The facility was extremely well maintained and appeared to be properly operated.
Page# 2

Permit: NCO024376 Owner-Facility: The Wilds Christian Camp
_ Inspection Date: 07/29/2011 Inspection Type: Compliance Evaluation
Operations& Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑
Does the facility analyze process control parameters,for ex:MLSS,MCRT,Settleable Solids,pH,DO,Sludge ■ ❑ ❑ ❑
Judge,and other that are applicable?
Comment: The plants appear to be well maintained and properly operated.
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑
Is the facility as described in the permit? ■ ❑ ❑ ❑
#Are there any special conditions for the permit? Q ❑ 0 ❑
Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑
Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual
b.Mechanical ❑
Are the bars adequately screening debris? N ❑ ❑ ❑
Is the screen free of excessive debris? M ❑ ❑ ❑
Is disposal of screening in compliance? ■ ❑ ❑ 0
Is the unit in good condition? N ❑ ❑ Cl
Comment:
Equalization Basins Yes No NA NE
Is the basin aerated? 0 ❑ ❑ ❑
Is the basin free of bypass lines or structures to the natural environment? ■ ❑ ❑ ❑
Is the basin free of excessive grease? 0 ❑ ❑ ❑
Are all pumps present? 0 0 ❑ ❑
Are all pumps operable? 0 ❑ ❑ ❑
Are float controls operable? N ❑ ❑ ❑
Are audible and visual alarms operable? 0 ❑ ❑ ❑
#Is basin size/volume adequate? 0 11 ❑ ❑
Comment:
Page# 3

Permit: NCO024376 Owner-Facility: The Wilds Christian Camp
Inspection Date: 07/29/2011 Inspection Type: Compliance Evaluation ,-
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ 0 Q
Are surface aerators and mixers operational? ❑ ❑ ■
Are the diffusers operational? ■ ❑ 0
Is the foam the proper color for the treatment process? ■ Q ❑ O
Does the foam cover less than 25%of the basin's surface? ■ Q ❑ 0
Is the DO level acceptable? ❑ 0 n ■
Is the DO level acceptable?(1.0 to 3.0 mg/1) Q El n ■
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ n
Is the site free of excessive buildup of solids in center well of circular clarifier? 0 0 ■
Are weirs level? ■ 0 ❑ 0
Is the site free of weir blockage? ■ O O 0
Is the site free of evidence of short-circuiting? ■ ❑ ❑ 0
Is scum removal adequate? ■ 0 0 0
Is the site free of excessive floating sludge? ■ ❑ rl ❑
Is the drive unit operational? ❑ n ■ D
Is the return rate acceptable(low turbulence)? ■
Is the overflow clear of excessive solids/pin floc? ■ 0 ❑
Is the sludge blanket level acceptable?(Approximately'/of the sidewall depth) ❑ n 0 ■
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? ■ Q ❑ n
Is storage appropriate for cylinders? 130 ■ n
#Is de-chlorination substance stored away from chlorine containers? ■ ❑ 0 Q
Comment:
Page# 4

Permit: NC0024376 Owner-Facility: The Wilds Christian Camp
Inspection Date: 07/29/2011 Inspection Type: Compliance Evaluation
De-chlorination Yes No NA NE
Are the tablets the proper size and type? ■ ❑ ❑ ❑
Are tablet de-chlorinators operational? M ❑ ❑ ❑
Number of tubes in use? 2
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? 0 ❑ ❑ ❑
Are the tablets the proper size and type? ■ ❑ n ❑
Number of tubes in use? 4
Is the level of chlorine residual acceptable? ❑ ❑ ❑
Is the contact chamber free of growth,or sludge buildup? M ❑ ❑ ❑
Is there chlorine residual prior to de-chlorination? 0 ❑ ❑ ❑
Comment:
Flow Measurement-Effluent Yes No NA NE
#Is flow meter used for reporting? 0 ❑ ❑ ❑
Is flow meter calibrated annually? M 0 ❑ ❑
Is the flow meter operational? 00 ❑ ❑
(If units are separated)Does the chart recorder match the flow meter? ■ ❑ ❑ ❑
Comment: The effluent was clear with no impacts noted in the receiving stream.
Page# 5

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 29,2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 7946
Ms.Barbara Harmon, Town Manager
Town of Rhodhiss
Rhodhiss WWTP
P.O. Box 40
Rhodhiss,North Carolina 28667-0040
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2011-LV-0577
Rhodhiss WWTP
NPDES Permit No.NCO025917
Burke County
Dear Ms. Harmon:
A review of the April 2011 self-monitoring report for the subject facility revealed a violation of the
following parameter:
Date Outfall Parameter Reported Value Permit Limit
04/30/2011 001 BOD 41.3 mg/L 30 mg/L
A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0025917.
Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be
assessed against any person who violates or fails to act in accordance with the terms, conditions, or
requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information
regarding the noted violation, request technical assistance;or discuss overall compliance please respond in
writing within ten(10) days after receipt of this Notice.-A review of your response will be considered along
with any information provided on the April 2011 Discharge Monitoring Report. You will then be notified of
any civil penalties that may be assessed regarding the violations. If no response is received in this Office
within the 10-day period, a civil penalty assessment may be prepared.
"SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]\Far:828-299-7043\Customer Service: 1-877-623-6748 One
Internet:htto://Aoftal.nedenr.org/web/wa NorthCarolina
�irtur�z!!t/
An Equal Opportunity\Affirmative Action Employer—50%RecyclecL'10%Post Consumer paper

Ms.Barbara Harmon
November 29, 2011
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Quality may pursue enforcement actions for this and any additional violations. If the violations are 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. You may
contact this Office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely,
Chuck Cranford,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
Bob Guerra/DWQ Point Source Branch
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