NC0049174_NOV2017MV0005_20170117

Certified Mail # 7015 0640 0005 8164 0711
Return Receipt Reguested
January 19, 2017
Amy Burnette
Smoketree Lodge
PO Box 1998
Banner Elk, NC 28604
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2017-MV-0005
Permit No. NCO049174
Smoketree Lodge
Watauga County
Dear Ms. Burnette:
JAN 2 4 2017
Water Quality
Permitting Section
A review of the October 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Monitoring Violation(s).
Sample
Location Parameter
Monitoring
Date Frequency Type of Violation
001 Effluent Chlorine, Total Residual (50060)
10/8/2016
2 X week Frequency Violation
001 Effluent Chlorine, Total Residual (50060)
10/15/2016
2 X week Frequency Violation
001 Effluent Chlorine, Total Residual (50060)
10/22/2016
2 X week Frequency Violation
001 Effluent Chlorine, Total Residual (50060)
10/29/2016
2 X week Frequency Violation
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES Permit. 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.
State of North Carolina I Environmental Quality I Water Resources
450 West Hanes Mill Road, Su"rte 300, Winston-Salem, NC 27105

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) business das after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Discharge
Monitoring Report(s). 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 should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. 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.
Reminder: Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
.potential problems due to planned maintenance activities, taking units off-line, etc.
Additionally and if you have not already done so, you may wish to consider registering to use the Division's new
e -DMR system for the completion -and electronic submittal of monthly Discharge Monitoring Reports (DMRs).
For more information, please visit the eDMR Website at the following address:
http://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr.
If you have any questions concerning this matter or to apply for an SOC, please contact George Smith of the
Winston-Salem Regional Office at 336-776-9800.
Sincerely,
��� ✓ 80
7herri
V. Knight, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
Cc: Mr. Jadd Brewer, P.O. Box 1167, Banner Elk, NC 28604
WQS Winston-Salem Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
State of North Carolina I Environmental Quality I Water Resources
450 West Hanes Mill Road, Suite 300, Winston-Salem, NC 27105
336-776-9800