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Home My WebLink AboutWQ0008270_Remission Request (LV-2022-0315)_20221222 ADVENTURE PISGAH RECEIV E® DEC 2 2 2022 Wastewater Branch NCDE( IDWRINPDES Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699-1617 December 7, 2022 Subject: Request for Remission of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES WW Permit No. NC0020478 USDA U S Forest Service Lake Powhatan Recreation Area Case No. LV-2022-0315 Buncombe County To whom it may concern: Adventure Pisgah, the authorized USFS concession operator of Lake Powhatan Recreation Area, is requesting a remission for a violation at Lake Powhatan Recreation Area (permit #: NC0020478) from May 2022. Please consider the following explanation, and additional information (included separately) provided by the wastewater operator, Environmental Inc., as you evaluate this request. Lake Powhatan Recreation Area is open year-round but has a very significant seasonal visitation component to it. The entire campground is fully operational from March 25 through November 15 and the busiest part of the year is May through August. At the time of the violation the campground was getting busy and had a significant and sudden increase in visitation. We believe that the large increase in visitation at this time may have impacted the use of the waste treatment plant. Additionally, we provide an on-site "dump station" or waste disposal station for campers (travel trailers and RV's). It is very difficult to monitor how visitors use the dump station. We suspect that use of the dump station increased at the time of the violation. Plumbing repairs were occurring at approximately the same time and may have significantly increased the water flow through the waste treatment plant. It is also important to point out that Environmental Inc. had been just recently retained as the new operator of this system on May 1, 2022. With the change in operators, we identified and corrected many issues left unresolved by the previous operator. At the time of the violation PO Box 1270, 1 Davidson River Circle, Pisgah Forest, NC 28768 g Adventure Pisgah and Environmental, Inc. took action to identify any known issues, determine the cause for the violation, and make immediate corrective actions to bring the system into compliance. We have included Environmental Inc. original response to the violation. It explains the issues and solutions at the time of the violation. As a response to the violation and to keep funds the system in good working order Adventure Pisgah and the USFS have spent significant u ds to replace parts and improve the overall functionality of the system. As Environmental Inc. references there have been no issues since the repairs have been made. Thank you for your consideration, Brian Johnson Director of Operations Forest & Park, LLC Adventure Pisgah Brian.Johnson(a�ForestandPark.com 910-200-5780 PO Box 1270, 1 Davidson River Circle, Pisgah Forest, NC 28768 DocuSign Envelope ID:91836DA1-65E2-4990-91 C8-6868F4BB17CC JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2022-0315 County: Buncombe Assessed Party: USDA U S Forest Service Permit No.: NC0020478 Amount Assessed: $1,237.32 Youmustalso complete the "Request For Remission, use this form when requesting remission of this civil penalty. a s p q Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation,including copies of supporting documents,as to why the factor applies(attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document); g/ (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); _I (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: tyil if—prialscs � a-H-1_6 eci / clitied le -0 tr i c) e--tr-) lee , e 5,,,,,,,,, se . 1 A ) 0 'ff, chAd ed 0 i-- is- 1 --‘a \ (i ca aV)C 6Z 4if,„ DocuSign Envelope ID:91836DA1-65E2-4990-91C8-6868F4BB17CC STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF BUNCOMBE RECEIVED DEC 2 2 2022 IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING p813EQJDWRINPDES ) STIPULATION OF FACTS USDA U S Forest Service ) Lake Powhatan Recreation Area ) ) PERMIT NO.NC0020478 ) CASE NO. LV-2022-0315 Having been assessed civil penalties totaling$1,237.32 for violation(s)as set forth in the assessment document of the Division of Water Resources dated November 09,2022,the undersigned,desiring to seek remission of the civil penalty,does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the notice of assessment. This the /i day of De ( f'r✓I e , 20 o� RECEIVED SIGNATURE ADDRESS DEC 2 2 2022 Rod t30,s( )(270 NCDEQIDW�NPDES `s a), / C TELEPHONE q- 104F — 7 DocuSign Envelope ID:91836DA1-65E2-4990-91C8-6868F4BB17CC ATTACHMENT A USDA U S Forest Service CASE NUMBER: LV-2022-0315 PERMIT: NC0020478 REGION: Asheville FACILITY: Lake Powhatan Recreation Area COUNTY: Buncombe LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 -Effluent Over Violation Penalty Violation Report Unit of Limit Calculated % p Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount 5/11/2022 5-2022 BOD, 5-Day(20 Deg. Weekly mg/I 45 66 46.7 Daily $150.00 C)-Concentration Maximum Exceeded 5/11/2022 5-2022 Coliform, Fecal MF, Weekly #/100m1 400 1,200 200.0 Daily $150.00 MFC Broth,44.5 C Maximum Exceeded 5/18/2022 5-2022 Coliform, Fecal MF, Weekly #/100m1 400 1,200 200.0 Daily $150.00 MFC Broth,44.5 C Maximum Exceeded 5/25/2022 5-2022 Coliform, Fecal MF, Weekly #/100m1 400 1,200 200.0 Daily $150.00 MFC Broth,44.5 C Maximum Exceeded 5/31/2022 5-2022 Coliform, Fecal MF, Weekly #/100m1 200 583.32 191.7 Monthly $350.00 MFC Broth,44.5 C Geometric Mean Exceeded 5/11/2022 5-2022 Solids,Total Weekly mg/I 45 57 26.7 Daily $150.00 Suspended- Maximum Concentration Exceeded Lake Powhatan NOV's Lake Powhatan received several different violations in the month of May. The Fecal violations came from the tubes containing the chlorine tablets. The tablets were not able to contact the effluent water in low flow situations because of the small holes PVC cap holding the tablets at the bottom of the tubes would not allow for water contact in low flow times. I would check the tubes and chlorine tablets not realizing the tablets were not making contact with the water. Eventually I cut the bottom of the bottom of the cap on the pvc pipe larger pipe to allow the chlorine tablets to contact the effluent water. Results have been good since that time. The BOD and TSS also reached violation levels from the blower being set on a low run time for the winter months. The run time on the blowers was raised to allow for better treatment of the waste water. No violations have been received since. Also during the early part of May influent pump issues occurred causing a disruption of flow and an overload to the treatment plant. One pump was replaced and the other was unclogged. Since the month May no violations have incurred and the waste water treatment at Lake Powhatan has been well within limits. Thank you, JoeDavid Hall