WQ0008270_Remission (Request)_20221222

DocuSign Envelope ID:91836DA1-65E2-4990-91C8-6868F4BB17CC
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
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation,including copies of supporting documents,as to why the
factor applies(attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the
detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document);
V (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).
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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 N8 EQIDWRINPDES
) 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 / day of De CPS b-er ,20c
RECEIVED SIGNATURE
DEC 2 2 2022 ADDRESS
NCDEQIDWRINPDES
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TELEPHONE
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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
Violation Report Unit of Limit Calculated %Over Violation Penalty
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 $1
50.00
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