HomeMy WebLinkAboutNC0080098_Regional Office E-File Scan Up To 1/4/2021DER: COMPLETE THIS SECTION
z' lete items 1, 2, and 3. Also complete
if Restricted Delivery is desired.
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North Carolina Department of 1-.)
Environment an Alatural Resources
Division of Water Qualite different from ite
Surface Water Protection Sectionvery address belo
2090 U.S. Highway 70, Swannanoa, NC 28778
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ICD N
kMES KUNEVICIUS
DASTAL VENTURES GROUP
N. TRYON STREET, SUITE 62
HARLOTTE NC 28202
11111 llllrJrlllllllllr1llllll-
7007 1490 0004 0798 8077
Signs
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Certified Mail ® ss Mall
AC] Registered etum Receipt fo
® Insured Mail .O.D.
Merchandise
4. Restricted Delivery? (Extra fee) ® Yes
orm 3811, February 2004 Domestic Return Receipt
7007 1490 0004 0798 8077
AVA
NCDENR
North C
Environment a
Div
Surface Wa
2090 U.S. Highway 70, S
JAMES KUNEVICIUS
COASTAL VENTURES GROUP II, LLC
127 N. TRYON STREET, SUITE 602
CHARLOTTE NC 28202
102 25-02-M-1540
UNITED STATEg-l'
® Sender: Please print your name, address, and ZIP+4 in this box
WANDA FRAZIER
NCDENR-DWQ-SWP
2090 U.S. HIGHWAY 70
SWANNANOA NC 28778
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PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
August 22, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 8077
Mr. James Kunevicius
Coastal Ventures Group II, LLC
127 N. Tryon Street; Suite 602
Charlotte, NC 28202
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 NC0080098
Coastal Ventures Group II, LLC
Linville Falls Club WWTP
Case No. LV-2008-0314
McDowell County
Dear Mr. Kunevicius:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$770.00 ($700.00 civil penalty + $70.00 enforcement costs) against Coastal Ventures Group II
LLC.
This assessment is based upon the following facts: a review has been conducted of the
discharge monitoring report (DMR) submitted by Coastal Ventures Group II LLC for the month of
November 2007. 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 November 2007 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Coastal Ventures Group II LLC
violated the terms, conditions or requirements of NPDES Permit NC0080098 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, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty
assessment against Coastal Ventures Group II LLC: one
No hCarolina
Aaturalli
North Carolina Division of Water Quality
Customer Service 1- 800 623-7748
2090 US Highway 70; Swannanoa, NC 28778 Phone (828) 296-4500
Internet: www.ncwaterquality.or_q FAX (828) 299-7043
Certified Mail # 7016 1370 0001 6572 0105
Return Receipt Requested
October 13, 2017
Frederick Tygart
Wolf Laurel Property Owners Association
91 Village Ln
Mars Hill, NC 28754
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 WW Permit No. NC0082716
Wolf Laurel Property Owners Association
Wolf Laurel POA WWTP
Case No. LM-2017-0032
Madison County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $568.68 ($450.00 civil penalty +
$118.68 enforcement costs) against Wolf Laurel Property Owners Association.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Wolf Laurel Property Owners Association for the month of July 2017. This review has shown the
subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit
No. NC0082716. The violations, which occurred in July 2017 are summarized in Attachment A to this letter,
Based upon the above facts, I conclude as a matter of law that Wolf Laurel Property Owners Association violated the
terms, conditions or requirements of NPDES WW Permit No. NC0082716 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 Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson,
P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Wolf
Laurel Property Owners Association:
State of North Carolina 1 Environmental Quality 1 Water Resources
2090 U.S. 70 Highway, Swvmanoa, NC 28778
828-296-4500
$200.00 2 of the 2 violations of 143-215.1(a)(6) and Permit No.NC0082716, by discharging waste water into
the waters of the State in violation of the Permit Daily Maximum for FCOLI BR.
$250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0082716, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for N113-N - Conc.
$0.00 for 0 of the 1 failures to properly monitor FLOW in violation of Permit No. NC0082716.
$450.00 TOTAL CIVIL. PENALTY
$118.68 Enforcement Costs
$568.68 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:
(I) 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;
The effect on ground or surface water quantity or quality or on air quality;
The cost of rectifying the damage;
The amount of money saved by noncompliance;
Whether the violation was committed willfully or intentionally;
The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
The cost to the State of the enforcement procedures.
(3)
(4)
(5)
(6)
(7)
(8)
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 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 factualstatements 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 Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(I) whether one or more of the civil penalty assessment factors in NCGS 143B-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 Water Resources 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 Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 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 o-f feceTpt ofIlli 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 4150B-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:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: (919) 431-3000
Fax: (919) 431-3100
One (I) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, 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 with the Division of Water Resources staff of the Asheville
Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov.
Sincerely,
G. Landon Davidson, P.G., Regionalperyisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LM-2017-0032
Assessed Party: Wolf Laurel Property Owners Association
Permit No.: NC0082716
County: Madison
Amount Assessed: $568.68
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);
(b) the violator promptly abated continuing environmental damage resulting from the violation (Le., 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 (Le., 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 ENVIRONMENTAL QUALITY
COUNTY OF MADISON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALIIES AGAINST
Wolf Laurel Property Owners Association
Wolf Laurel POA WWTP
PERMIT NO. NC0082716
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LM-2017-0032
Having been assessed civil penalties totaling $568.68 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated October 13 2017 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 20
SIGNATURE
ADDRESS
TELEPHONE
ATTACHMENTA
Wolf Laurel Property Owners Association
CASE NUMBER: LM-2017-0032
PERMIT: NC0082716 REGION: Asheville
FACILITY: Wolf Laurel POA W WTP COUNTY: Madison
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report
Date Month/Yr Parameter
Unit of Limit Calculated % Over Violation Penalty
Frequency Measure Value Value Limit Type Amount
7/11/2017 7-2017 Coliform, Fecal MF 2 X month #/100m1 400 600 50.0 Daily
• MFC Broth, 44.5 C Maximum
Exceeded
$100.00
7/20/2017 7-2017 Coliform, Fecal MF
MFC Broth, 44.5 C
2 X month #/100m1 400 600 50.0 Daily
Maximum
Exceeded
$100.00
7/31/2017 7-2017 Nitrogen, Ammonia 2 X month mg/I 8 16.95 111.9 Monthly
Total (as N) - Average
Concentration Exceeded
$250.00
MONITORING VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report
Date MonthlYr Parameter
Unit of Limit Calculated % Over Violation Penalty
Frequency Measure Value Value Limit Type Amount -
7/4/2017 7-2017 Flow, in conduit or thru Continuous mgd
treatment plant
Frequency
Violation
$0.00
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File)
Violator: Wolf Laurel Property Owners Association
Facility Name: Wolf Laurel POA WWTP
Permit Number: NC0082716
County: Madison
Case Number: LM-2017-0032
ASSESSMENT FACTORS
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;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
2) The duration and gravity of the violation;
Two Daily Max Fecals exceeded the permit limit each by 50%.
One Monthly Average Ammonia Nitrogen exceeded the permit limit by 111 %.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved is unknown.
The amount of money saved would include the cost of excess solids removal and additional aeration. It
would also include more operating and maintenance time on site and the cost of additional chemical
treatment.
The amount of money saved would include the cost of collection of the additional samples and the cost of
analyzing them at a certified lab.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
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
There have been no civil penalty enforcements in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$118.68
to. IZ_ti- Gr p
Date
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
NPDES PERMIT NO.: NC0082916 PERMIT VERSION: 5.0 PERMIT STATUS
FACILITY NAME: Wolf Laurel POA WWTP CLASS: WW-2 COUNTY: Madison
OWNER NAME: Wolf Laurel Property Owners ORC: Robert Gross Rowe ORC CERT NUMBER: 999739
Association
GRADE: W W-2 ORC HAS CHANGED: No
eDMR PERIOD: 09-2019 Only 2017) VERSION: 1.0
STATUS: Process
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SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
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nun No Reporting Reason: EXPANSE =No Plow-Reuse/Recycle; HNV WTHR=No Visitation- Adverse Weather; NOFLOW No Flow; HOLIDAY -No Visitation -Holiday
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NPDES PERMIT NO.: NC0082716
FACILITYNAME: Wolf Laurel POA W WIP
OWNER NAME: Wolf Laurel Property Owners
Association
GRADE: WW-2
eDMR PERIOD: 07-201717(July 2017)
COMP ctAN E BTA'l'US: Compliant
.PERMIT. VERSION: 5.0 PERMIT STATUS: Active
CLASS: W W-2 COUNTY: Madison
ORC: Robert Gross Rowe
ORC CERT NUMBER: 999739
ORC HAS CHANGED: No
VERSION: IA - STATUS: Processed
CONTACT PRONE 9: 8286970063 SUBMISSION DATE: OB/I02017
08/10/2017
ORC/Certifier' Si gn at
e: Robert Rowe E-Mail:R.Rowe@bellsouth.ne
By this signature, I certify that this report is accurate and complete to the best of my knowledge.
Phone i1:8286970063 Date
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment.
Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the permittee becomes aware of the circumstances.
If the facility is noncompliant please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part ❑.E.6 of
the NPDES permit.
08/10/2017
Permittee/Submitter Signature:*** Juanita James E-Mail:jj emi@bellsouth.net Phone 9: 828-697-0063 Date
Permittee Address: Puncheon Fork Rd Mars Hill NC 28754 Permit Expiration Date: 09/30/2020
I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the
system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for
knowing violations.
LAB NAME: James & James Environmental Mgt., Inc.
CERTIFIED LAB 9: 482
PERSON(s) COLLECTING SAMPLES: Robert Rowe
CERTIFIED LABORATORIES
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting http://portaLncdem.o
eb/wq/swp/ps/npdes/forms.
FOOTNOTES
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
*No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the par
for entire monitoring period.
** ORC on Site?: ORC must visit facility and document visitation of facility as required per I5A NCAC SG .0204.
*** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B
.0506(b)(2)(D).
ters on the DMA
Certified Mail # 7017 2620 0000 9759 1444
Return Receipt Requested
June 14, 2019
Will Rucker, LFMC POA President
Linville Falls Club Property Association Inc
PO Box 145
Linville Falls, NC 28647
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2019-LV-0409
Permit No. NC0080098
Linville Falls Mountain Club and Preserve
McDowell County
Dear Permittee:
A review of the March 2019 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation _________________________________________________________________________________________________________________________________________________________________________
001 Effluent BOD, 5-Day (20 Deg. C) - 3/31/2019 10 11.2 Monthly Average Exceeded
Concentration (CO310) _________________________________________________________________________________________________________________________________________________________________________
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 WW 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.
DocuSign Envelope ID: 0431D4C4-D956-43EB-96CA-7FDD7E08DEA8
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 days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted 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.
If you have any questions concerning this matter or to apply for an SOC, please contact Timothy Heim of the
Asheville Regional Office at 828-296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Ec:
WQS-ARO Server
LF
G:\WR\WQ\Mcdowell\Wastewater\Minors\Linville Falls Mountain Club And Preserve 80098\Violations\20190614_NC0080098_NOVNOI2019LV0409.Docx
DocuSign Envelope ID: 0431D4C4-D956-43EB-96CA-7FDD7E08DEA8
October 29, 2019
Will Rucker, LFMC POA President
Linville Falls Club Property Association Inc
PO Box 145
Linville Fls, NC 28647
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2019-LR-0106
Permit No. NC0080098
Linville Falls Mountain Club and Preserve
McDowell County
Dear Permittee:
A review of the July 2019 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Reporting Violation(s):
Sample
Location Parameter Date Type of Violation _________________________________________________________________________________________________________________________________________________________________________
8/31/2019 Late/Missing DMR
_________________________________________________________________________________________________________________________________________________________________________
Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of
Water Resources 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 (SOC).
If you have any questions concerning this matter or to apply for an SOC, please contact Timothy Heim of the
Asheville Regional Office at 828-296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Ec:
WQS-ARO Server
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G:\WR\WQ\Mcdowell\Wastewater\Minors\Linville Falls Mountain Club And Preserve 80098\Violations\20191029_NC0080098_NOV2019LR0106.Docx
DocuSign Envelope ID: 2F4631EF-41F2-4360-A3F1-7153126439F7
Mar.14.2015 02:21 PM PAGE. 1/ 2
JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 519
MOUNTAIN HOME, NC 28758
828-697-0063
Fax: 828-697-0065
Date: £- tw-15 Number of pages: Z.
Attention: 4 6A uNlyo
Company: 'MLA
Fax Number: Q - Z9c '7043
Voice Number: s2<a.:a)citc..DE,
From: quavuta,
VILLO
SUBJECT: c4 3ny AVi Ck4h - ktU - Zb1S PC - 0bl
Mar.14.2015 02:22 PM
PAGE. 2/ 2
March 14, 2015
JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 519, MOUNTAIN HOME, NC 28758
(828) 697-0063 OFFICE
(828) 697-0065 FAX
Surface Water Protection Section
Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, NC 28778
RE: Linville Falls NC0080098
NOV-2015-PC-0027
Dear Mr. Davidson,
This letter is in reference to the NOV-2015-PC-0027 inspection conducted by Linda Wiggs on
January 21, 2015. The deficiencies mentioned referenced a Blower and two pumps that were not
operational. It was a blower motor that had went out just a couple days prior to the inspection. The tertiary
pump and mud well pump were also not functional. The report also noted that the effluent sampler had
improper sampling protocol.
The motor was on order and had been shipped to an unknown address. The shipping company
said that it should be delivered on Monday, March 16. It will be installed within the week of delivery. The
tertiary and mud well pumps have been quoted by HD Supply and authorization was given by Mr. Price on
late Friday, March 13. They will be ordered on Monday and the shipping time is estimated 3-4 weeks.
These also will be installed upon arrival.
The sampler has been reprogramed to meet the 100 mis/sampling pull. The tube for the composite
sampler will also be changed at the installation of the motor. At the time of inspection, the sampler had a
buildup of ice. It was defrosted and restarted. This has not occurred again.
Thank you for your time. With highest regards, I am
Very truly yours,
9uebusia-
Juanita James
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Compliance Inspection Report
Permit:WQCSD0359 Effective:09/15/08 Expiration:Owner :Linville Falls Club Property Association Inc
SOC:
Contact Person:
Region:
County:
Directions to Facility:
McDowell
Asheville
Andy Price
Effective:Expiration:Facility:Linville Falls Mountain Club and Preserve
17677 Hwy 221 N
Rt 3 Box 295
Marion NC 28752
Title:Phone:828-756-4316
Secondary ORC(s):
Phone:Certification:Primary ORC:
System Classifications:
On-Site Representative(s):
Related Permits:
Secondary Inspector(s):
Primary Inspector:
Inspection Date:Exit Time:Entry Time:
Phone:
01/21/2015 11:30AM 12:30PM
Linda S Wiggs 828-296-4500 Ext.4653
Facility Status:
Permit Inspection Type:
Reason for Inspection:Inspection Type:
Not CompliantCompliant
Routine
Deemed permitted collection system management and operation
Collection System Inspect Non Sampling
Question Areas:
Miscellaneous Questions Performance Standards Operation & Maint Reqmts
Records Inspections
(See attachment summary)
Page:1
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQCSD0359
01/21/2015 Collection System Inspect Non Sampling
Linville Falls Club Property Association Inc
Routine
Inspection Summary:
Present during the inspection was Juanita James with James and James Environmental (ORC) and Andy Price with the
POA.
Juanita James stated she would assist Mr. Price with high priority line inspections and spill response plan.
Below are the 02T.0403 criteria specific to this sewer system.
(1) The sewer system is effectively maintained and operated at all times to prevent discharge to land or surface waters, and
to prevent any contravention of groundwater standards or surface water standards.
(2) A map of the sewer system has been developed and is actively maintained.
(3) An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule,
spare parts inventory and overflow response has been developed and implemented.
(4) Pump stations that are not connected to a telemetry system (i.e., remote alarm system) are inspected by the permittee
or its representative every day (i.e., 365 days per year). Pump stations that are connected to a telemetry system are
inspected at least once per week.
(5) High-priority sewers are inspected by the permittee or its representative at least once every six-months and inspections
are documented.
(6) A general observation by the permittee or its representative of the entire sewer system is conducted at least once per
year.
(7) Overflows and bypasses are reported to the appropriate Division regional office in accordance with 15A NCAC 02B
.0506(a), and public notice is provided as required by G.S. 143-215.1C.
(8) A Grease Control Program is in place as follows:
(A) For publicly owned collection systems, the Grease Control Program shall include at least bi-annual distribution of
educational materials for both commercial and residential users and the legal means to require grease interceptors for new
construction and retrofit, if necessary, of grease interceptors at existing establishments. The plan shall also include legal
means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering
the system from other public and private satellite sewer systems.
(B) For privately owned collection systems, the Grease Control Program shall include at least bi-annual distribution of
grease education materials to users of the collection system by the permittee or its representative.
(C) Grease education materials shall be distributed more often than required in Parts (A) and (B) of this Subparagraph if
necessary to prevent grease-related sanitary sewer overflows.
(9) Right-of-ways and easements are maintained in the full easement width for personnel and equipment accessibility.
(10) Documentation shall be kept for Subparagraphs (a)(1) through (a)(9) of this Rule for a minimum of three years with
exception of the map, which shall be maintained for the life of the system.
Page:2
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQCSD0359
01/21/2015 Collection System Inspect Non Sampling
Linville Falls Club Property Association Inc
Routine
Performance Standards Yes No NA NE
Is Public Education Program for grease established and documented?
What educational tools are used?
Flyers by mail boxes.
Is Sewer Use Ordinance/Legal Authority available?
Does it appear that the Sewer Use Ordinance is enforced?
Is Grease Trap Ordinance available?
Is Septic Tank Ordinance available (as applicable, i.e. annexation)
List enforcement actions by permittee, if any, in the last 12 months
Has an acceptable Capital Improvement Plan (CIP) been implemented?
Does CIP address short term needs and long term \"master plan\" concepts?
Does CIP cover three to five year period?
Does CIP include Goal Statement?
Does CIP include description of project area?
Does CIP include description of existing facilities?
Does CIP include known deficiencies?
Does CIP include forecasted future needs?
Is CIP designated only for wastewater collection and treatment?
Approximate capital improvement budget for collection system?
Total annual revenue for wastewater collection and treatment?
CIP Comments
Is system free of known points of bypass?
If no, describe type of bypass and location
Is a 24-hour notification sign posted at ALL pump stations?
# Does the sign include:
Instructions for notification?
Pump station identifier?
24-hour contact numbers
If no, list deficient pump stations
# Do ALL pump stations have an "auto polling" feature/SCADA?
Number of pump stations
Number of pump stations that have SCADA
Number of pump stations that have simple telemetry
Number of pump stations that have only audible and visual alarms
Number of pump stations that do not meet permit requirements
# Does the permittee have a root control program?
Page:3
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQCSD0359
01/21/2015 Collection System Inspect Non Sampling
Linville Falls Club Property Association Inc
Routine
# If yes, date implemented?
Describe:
Comment:
Inspections Yes No NA NE
Are maintenance records for sewer lines available?
Are records available that document pump station inspections?
Are SCADA or telemetry equipped pump stations inspected at least once a week?
Are non-SCADA/telemetry equipped pump stations inspected every day?
Are records available that document citizen complaints?
# Do you have a system to conduct an annual observation of entire system?
# Has there been an observation of remote areas in the last year?
Are records available that document inspections of high-priority lines?
Has there been visual inspections of high-priority lines in last six months?
We discussed the means of documenting 2T requirements: working map, log book, work
orders/receipts.
Comment:
Operation & Maintenance Requirements Yes No NA NE
Are all log books available?
Does supervisor review all log books on a regular basis?
Does the supervisor have plans to address documented short-term problem areas?
What is the schedule for reviewing inspection, maintenance, & operations logs and problem areas?
Are maintenance records for equipment available?
Is a schedule maintained for testing emergency/standby equipment?
What is the schedule for testing emergency/standby equipment?
Do pump station logs include:
Inside and outside cleaning and debris removal?
Inspecting and exercising all valves?
Inspecting and lubricating pumps and other equipment?
Inspecting alarms, telemetry and auxiliary equipment?
Is there at least one spare pump for each pump station w/o pump reliability?
Are maintenance records for right-of-ways available?
Are right-of-ways currently accessible in the event of an emergency?
Are system cleaning records available?
Has at least 10% of system been cleaned annually?
What areas are scheduled for cleaning in the next 12 months?
Is a Spill Response Action Plan available?
Does the plan include:
Page:4
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQCSD0359
01/21/2015 Collection System Inspect Non Sampling
Linville Falls Club Property Association Inc
Routine
24-hour contact numbers
Response time
Equipment list and spare parts inventory
Access to cleaning equipment
Access to construction crews, contractors, and/or engineers
Source of emergency funds
Site sanitation and cleanup materials
Post-overflow/spill assessment
Is a Spill Response Action Plan available for all personnel?
Is the spare parts inventory adequate?
WWTP ORC is going to assist in developing a spill plan for Linville Falls POA.Comment:
Records Yes No NA NE
Are adequate records of all SSOs, spills and complaints available?
Are records of SSOs that are under the reportable threshold available?
Do spill records indicate repeated overflows (2 or more in 12 months) at same location?
If yes, is there a corrective action plan?
Is a map of the system available?
Does the map include:
Pipe sizes
Pipe materials
Pipe location
Flow direction
Approximate pipe age
Number of service taps
Pump stations and capacity
If no, what percent is complete?
List any modifications and extensions that need to be added to the map
Map is Engineer draft blueprints.
We discussed having a working map or an overview map of the system created.
# Does the permittee have a copy of their permit?
.Comment:
Page:5
EPA
United States Environmental Protection Agency
Washington, D.C. 20460
Water Compliance Inspection Report
Form Approved.
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 N 52 NC0080098 15/01/21 C S31112171819 20
21 66
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----------------------Reserved-------------------
N67707172 73 74 75 80
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
POTW name and NPDES permit Number)
Linville Falls Mountain Club and Preserve
17677 Hwy 221 N
Marion NC 28752
Entry Time/Date Permit Effective Date
Exit Time/Date Permit Expiration Date
10:30AM 15/01/21 11/01/01
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
///
Other Facility Data
12:30PM 15/01/21 14/12/31
Name, Address of Responsible Official/Title/Phone and Fax Number
Andy Price, //828-756-4316/Contacted
Yes
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Flow Measurement Operations & Maintenance Records/Reports
Self-Monitoring Program 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
Linda S Wiggs ARO WQ//828-296-4500 Ext.4653/
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
15/01/21
Inspection Type
C3111218
1
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Present during the inspection were Juanita James with James and James Environmental (ORC) and
Andy Price with the POA.
Permit:
The permit expired December 31, 2014. The permit renewal was received in Raleigh January 12, 2015.
Operation and Maintenance:
A load of “seed” was delivered on the day of the inspection. There are three operational items that need
to be repaired/replaced: Blower #1, a mud well pump and a tertiary pump.
Sampling: (Part II Section A Composite Sample)
Sampling was described to the inspector as being a 10 ml aliquot each hour for 24 hours. This method
describes a method requiring prior approval by DWR. At the time of the inspection this facility had not
requested or been approved to perform constant time/constant volume sampling. The aliquot of 10 ml
that was mentioned is also not acceptable, a minimum of 100ml aliquot is required. When the sampler
was tasked with pulling an aliquot during the inspection, it pulled an aliquot of ~1300-1500ml. The
refrigerator was also frozen inside. It was unclear if the sampling device is in need of repair or if the
setup of the device was incorrect.
NC0080098 17 (Cont.)
Page#2
Permit:NC0080098
Inspection Date:01/21/2015
Owner - Facility:
Inspection Type:
Linville Falls Mountain Club and Preserve
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?
2 pumps and 1 blower were down. These will need to be fixed immediately. Juanita James
stated she was looking into getting these items fixed.
Comment:
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?
Is access to the plant site restricted to the general public?
Is the inspector granted access to all areas for inspection?
Comment:
Equalization Basins Yes No NA NE
Is the basin aerated?
Is the basin free of bypass lines or structures to the natural environment?
Is the basin free of excessive grease?
Are all pumps present?
Are all pumps operable?
Are float controls operable?
Are audible and visual alarms operable?
# Is basin size/volume adequate?
Comment:
Aeration Basins Yes No NA NE
Mode of operation Ext. Air
Type of aeration system Diffused
Is the basin free of dead spots?
Are surface aerators and mixers operational?
Are the diffusers operational?
Is the foam the proper color for the treatment process?
Does the foam cover less than 25% of the basin’s surface?
Page#3
Permit:NC0080098
Inspection Date:01/21/2015
Owner - Facility:
Inspection Type:
Linville Falls Mountain Club and Preserve
Compliance Evaluation
Aeration Basins Yes No NA NE
Is the DO level acceptable?
Is the DO level acceptable?(1.0 to 3.0 mg/l)
Blower #1 needs to be repaired.
The foam was white.
A load of seed was delivered while the inspector was onsite.
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater?
Is the site free of excessive buildup of solids in center well of circular clarifier?
Are weirs level?
Is the site free of weir blockage?
Is the site free of evidence of short-circuiting?
Is scum removal adequate?
Is the site free of excessive floating sludge?
Is the drive unit operational?
Is the return rate acceptable (low turbulence)?
Is the overflow clear of excessive solids/pin floc?
Is the sludge blanket level acceptable? (Approximately ¼ of the sidewall depth)
Comment:
Filtration (High Rate Tertiary)Yes No NA NE
Type of operation:Down flow
Is the filter media present?
Is the filter surface free of clogging?
Is the filter free of growth?
Is the air scour operational?
Is the scouring acceptable?
Is the clear well free of excessive solids and filter media?
1 mud well pump is out of service.
1 tertiary pump is out of service.
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational?
Are the tablets the proper size and type?
Number of tubes in use?1
Page#4
Permit:NC0080098
Inspection Date:01/21/2015
Owner - Facility:
Inspection Type:
Linville Falls Mountain Club and Preserve
Compliance Evaluation
Disinfection-Tablet Yes No NA NE
Is the level of chlorine residual acceptable?
Is the contact chamber free of growth, or sludge buildup?
Is there chlorine residual prior to de-chlorination?
Comment:
De-chlorination Yes No NA NE
Type of system ?Tablet
Is the feed ratio proportional to chlorine amount (1 to 1)?
Is storage appropriate for cylinders?
# Is de-chlorination substance stored away from chlorine containers?
Comment:
Are the tablets the proper size and type?
Are tablet de-chlorinators operational?
Number of tubes in use?1
Comment:
Effluent Sampling Yes No NA NE
Is composite sampling flow proportional?
Is sample collected below all treatment units?
Is proper volume collected?
Is the tubing clean?
# Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees
Celsius)?
Is the facility sampling performed as required by the permit (frequency, sampling type
representative)?
The sampling requirements for this permit need to be revisited by the ORC. The sampling
device was not operating properly or was not setup to operate within the requirements of the
permit.
The refrigerator appeared frozen and the thermometer indicated a temperature less than
zero.
Comment:
Flow Measurement - Effluent Yes No NA NE
# Is flow meter used for reporting?
Is flow meter calibrated annually?
Is the flow meter operational?
Page#5
Permit:NC0080098
Inspection Date:01/21/2015
Owner - Facility:
Inspection Type:
Linville Falls Mountain Club and Preserve
Compliance Evaluation
Flow Measurement - Effluent Yes No NA NE
(If units are separated) Does the chart recorder match the flow meter?
Comment:
Page#6
ATTACHMENT A
CASE NUMBER:LM-2016-0008
Linville Falls Club Property Association Inc
NC0080098PERMIT:FACILITY:Linville Falls Mountain Club and Preserve COUNTY:McDowell REGION:Asheville
PENALTY
MONITORING
REPORT
OUTFALL /
PPI PARAMETERLOCATION
VIOLATION
DATE FREQUENCY
UNIT OF
MEASURE
CALCULATED
VALUE
% OVER
LIMIT VIOLATION TYPE
Limit Violations
LIMIT
$100.00 8-2015 001 TSS - ConcEffluent 8/13/15 Weekly mg/l 9.10 21.3 Daily Maximum Exceeded 7.50
PENALTY
MONITORING
REPORT
OUTFALL /
PPI PARAMETERLOCATION
VIOLATION
DATE FREQUENCY
UNIT OF
MEASURE
CALCULATED
VALUE
% OVER
LIMIT VIOLATION TYPE
Monitoring Violations
LIMIT
$0.00 8-2015 001 FLOWEffluent 8/1/15 Continuous mgd Frequency Violation
$0.00 8-2015 001 FLOWEffluent 8/2/15 Continuous mgd Frequency Violation
$0.00 8-2015 001 FLOWEffluent 8/8/15 Continuous mgd Frequency Violation
$0.00 8-2015 001 FLOWEffluent 8/9/15 Continuous mgd Frequency Violation
$0.00 8-2015 001 FLOWEffluent 8/15/15 Continuous mgd Frequency Violation
$0.00 8-2015 001 FLOWEffluent 8/16/15 Continuous mgd Frequency Violation
$0.00 8-2015 001 FLOWEffluent 8/22/15 Continuous mgd Frequency Violation
$0.00 8-2015 001 FLOWEffluent 8/23/15 Continuous mgd Frequency Violation
$0.00 8-2015 001 FLOWEffluent 8/29/15 Continuous mgd Frequency Violation
$0.00 8-2015 001 FLOWEffluent 8/30/15 Continuous mgd Frequency Violation
NC0080098PERMIT:FACILITY:Linville Falls Mountain Club and Preserve COUNTY:McDowell REGION:Asheville
Central Files: APS___ SWP___
08/31/09
Development Mgr
Wil Garner
James Kunevicius
Primary Reviewer
Regulated Activities
Subdivision
WQCSD0359
Scheduled
Issuance
Permit Contact Affiliation
Draft Initiated
1.00
Version
Minor
Major/Minor
Permitted Flow
Owner
Facility
Dates/Events
Individual
Permit Classification
New Project
Project TypeProgram Category
Non-discharge
28752NC
ExpirationEffective
09/15/08
Owner Name
IssuePublic Notice
Permit Type
Location Address County
Coastal SW Rule
Facility Name Region
Status
Active
Asheville
09/15/08
wanda.frazier
McDowell
Deemed permitted collection system management and operation
Marion
17677 Hwy 221 N
Blue Ridge Country Club WWTP
Permit Number
App Received
09/12/08
Permit Tracking Slip
Orig Issue
09/15/08
Owner Type
Non-GovernmentCoastal Ventures Group II LLC
NCCharlotte
127 N Tryon St
Owner Affiliation
28202
NCMatthews
5615 Potters Rd
Facility Contact Affiliation
28104
NULLOutfall
Waterbody Name Stream Index Number Current Class Subbasin
From:Wiggs, Linda
To:jjemi@bellsouth.net
Subject:Linville delay
Date:Monday, March 9, 2015 5:19:00 PM
Juanita,
I received your call regarding the delayed response for Linville Falls NOV. I have extended that
response due date to March 16, 2015.
Linda Wiggs
Linda.Wiggs@ncdenr.gov
Environmental Senior Specialist
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Resources - Water Quality Regional Operations
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: 828-296-4500
Fax: 828-299-7043
Link to Division of Water Resources Home Page
http://portal.ncdenr.org/web/wq
Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public
Records Law and therefore may be disclosed to third parties.
JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 519, MOUNTAIN HOME, NC 28758
(828) 697-0063 OFFICE
(828) 697-0065 FAX
July 24, 2017
Surface Water Protection Section
Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, NC 28778
RE: Linville Falls Mountain Club and Preserve WWTP
NPDES Permit No. NC0080098
Case No.: LV-2017-0178
Dear Mr. Davidson,
This letter is in response to the above referenced case number for Linville Falls Mountain Club dated June
22, 2017 and received by James & James on or about June 27, 2017. The violation was for the month of
November, 2017.
The Notice of Violation for November, 2017 was for the BOD 5-Day exceeding the daily maximum limit
and monthly average. Air adjustments were made to the waste water facility and the facility was wasted
once the results were known. The owner has researched with the homeowners for any culprit that may be
causing elevated numbers. They have confirmed cleaning agents, additives and sanitizers among other
items. The homeowners continue to strive to find and eliminate any causes that are detrimental to the
system.
We thank you in advance for the time and effort this review entails. We would greatly appreciate
consideration of this fine.
Thank you,
Juanita James
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2017-0178
Assessed Party: Linville Falls Club Property Association Inc
Permit No.: NC0080098
County: McDowell
Amount Assessed: S216.62
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);
(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).
L
EXPLANATION:
44 ea(
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Linville Falls Club Property Association Inc
Linville FaHs Mountain Club and Preserve
PERMIT NO. NC0080098
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2017-0178
Having been assessed civil penalties totaling $216.62 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated June 22, 2017, 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
I01-4
day of
,2011
Dbv,,c0A;ka, Cry
SIGNATURE
ADDRESS
7.0•a)c SI�i
rsA-E.n• Rome MC 287546
TELEPHONE
W2f6.- cpa7- Dotp3
JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 519, MOUNTAIN HOME, NC 28758
(828) 697-0063 OFFICE
(828) 697-0065 FAX
July 24, 2017
Surface Water Protection Section
Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, NC 28778
RE: Linville Falls Mountain Club and Preserve WWTP
NPDES Permit No. NC0080098
Case No.: LV-2017-0184
Dear Mr. Davidson,
This letter is in response to the above Enforcement Actions for Linville Falls Mountain Club dated June 26,
2017 and received by James & James on or about July 5, 2017. The violation was for the month of
December, 2016.
The Notice of Violation for December, 2016 was for the BOD 5-Day exceeding the daily maximum and the
monthly average. The water quality was pristine to the eye and quickly dropped into compliance in
December. The owner has researched with the homeowners for any culprit that may be causing elevated
numbers. They have confirmed cleaning agents, additives and sanitizers among other items. The
homeowners continue to strive to find and eliminate any causes that are detrimental to the system.
We thank you in advance for the time and effort this review entails. We would greatly appreciate
consideration of this fine.
Thank you,
Juanita James
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2017-0184
Assessed Party: Linville Falls Club Property Association Inc
Permit No.: NC0080098
County: McDowell
Amount Assessed: S466.62
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);
(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).
x_
EXPLANATION:
��e cift-aekea,
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Linville Falls Club Property Association Inc
Linville Falls Mountain Club and Preserve
PERMIT NO. NC0080098
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2017-0184
Having been assessed civil penalties totaling $466.62 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated June 26, 2017, 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 tc day of Jug , 20 1`1
q)Akfix.1-42f.
ADDRESS
SIGNATURE
SIGNATURE
i• a• fix. sl`�
vv e , N C Z 8758
TELEPHONE
69 (p1\ t1
JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 519, MOUNTAIN HOME, NC 28758
(828) 697-0063 OFFICE
(828) 697-0065 FAX
July 24, 2017
Surface Water Protection Section
Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, NC 28778
RE: Linville Falls Mountain Club and Preserve WWTP
NPDES Permit No. NC0080098
Case No.: LV-2017-0185
Dear Mr. Davidson,
This letter is in response to the above referenced case number for Linville Falls Mountain Club dated June
26, 2017 and received by James & James on or about July 5, 2017. The violation was for the month of
January, 2017.
The Notice of Violation for January, 2017 was for the BOD 5-Day and Total Suspended Solids exceeding
the daily maximum limit. Dan Boss from Asheville Regional office conducted an inspection on July 7,
2017. He noted that the effluent was exceptional and that the quality of treatment was "something he
wouldn't change". One change recently made by James & James was the relocation of the declor to the
prior tertiary tank. This allows non -chlorinated water to enter the tertiary which allows the bacteria on the
media to work as expected. We are performing tests to confirm this move is profitable and if so will
petition to relocate them permanently. We have made a push to remove any toxic household chemicals
from entering the facility.
We thank you in advance for the time and effort this review entails. We would greatly appreciate
consideration of this fine.
Thank you,
Juanita James
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2017-0185
Assessed Party: Linville Falls Club Property Association Inc
Permit No.: NC0080098
County: McDowell
Amount Assessed: $491.62
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);
(b) the violator promptly abated continuing environmental damage resulting from the violation (Le., 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 (Le., 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:
pg, ccitoc,64
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Linville Falls Club Property Association Inc
Linville Falls Mountain Club and Preserve
PERMIT NO. NC0080098
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2017-0185
Having been assessed civil penalties totaling $491.62 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated June 26, 2017, 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
i9'
day of OJ k Li,
, 20 11
�18 CZ_ Ct..Y`n..PA
SIGNATU
ADDRESS
'P.a. 3oy.st9
rn 4 n. !twine e Alt Z B 7 38
TELEPHONE
£23 - V-co(
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Linville Falls Club Property Association Inc
Linville Falls Mountain Club and Preserve
PERMIT NO. NC0080098
) WAIVER OF RIGHT TO AN
) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
)
)
)
CASE NO. LV-2017-0091
Having been assessed civil penalties totaling $566.62 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated March 30, 2017, 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. fro This the )441 day of 7Yi) , 20 11
C41/461-4414/ SIGNAT RE
ADDRESS
James & James
h'�0o
Environmental Management, Inc.
3801 Ashevl le Highway
Hendersonville, NC 28791
(828)G97-0063
TELEPHONE
$2g (A) -baa3
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2017-0091
Assessed Party: Linville Falls Club Property Association Inc
Permit No.: NC0080098
County: McDowell
Amount Assessed: $566.62
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);
(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:
art-c-114-A4
JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 519, MOUNTAIN HOME, NC 28758
(828) 697-0063 OFFICE
(828) 697-0065 FAX
April 16, 2017
Surface Water Protection Section
Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, NC 28778
RE: Linville Falls Mountain Club and Preserve WWTP
NPDES Permit No. NC0080098
Case No. LV-2017-0091
Dear Mr. Davidson,
This letter is in response to the above NOV dated March 30, 2017 and received by James & James on or
about April 6, 2017. The violation was for the month of September, 2016.
The facility operates extremely well the beginning of the month and falters near the end of the month. The
water quality to the naked eye is pristine. When the effluent is pulled into a clear vessel, it appears as
drinking water. This gives the operator a false sense of accomplishment until the BOD results return.
We requested and the owner obliged with speaking with each homeowner with regard to the chemicals they
are using in their homes and businesses. They were requested to return to using biologically friendly
products.
The owners of this facility have invested several thousand dollars in the rebuilding of the tertiary tanks,
updating the controls and equipment. We continue to give instruction to the homeowners and businesses as
to what chemicals are friendly to the system. We have searched for any I & I that may be playing havoc
with the operations. We continue to work as a team to find the proper combination to maintain compliance
throughout the entire month.
The operator adds soda ash and aluminum sulfate as needed to keep the facility healthy. He wastes to the
digester as needed and performs field data from the various chambers to determine the changes necessary.
Since the owner and operator are very conscientious of the system and its needs and is proactive with
regard to the clientele we respectfully request consideration of the assessment.
Thank you for your attention to this matter.
ith highest regards,
g/yta
anita James
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Linville Falls Club Property Association Inc
Linville Falls Mountain Club and Preserve
PERMIT NO. NC0080098
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2017-0106
Having been assessed civil penalties totaling $916.62 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated April 04, 2017, 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 16,0 day of Ar
l , 20 / 7'
ADDRESS
pro
SIGNATU
James a► fames
Environmental Management, Inc.
3801 Asheville NighWAY
Ne!ndersOnvllle, NC 28791
..^,Nag7-0063
TELEPHONE
'2-&9?-00(-3
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2017-0106
Assessed Party: Linville Falls Club Property Association Inc WWTP
Permit No.: NC0080098
County: McDowell
Amount Assessed: $916.62
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);
(b) the violator promptly abated continuing environmental damage resulting from the violation (Le., 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:
JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 519, MOUNTAIN HOME, NC 28758
(828) 697-0063 OFFICE
(828) 697-0065 FAX
April 16, 2017
Surface Water Protection Section
Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, NC 28778
RE: Linville Falls Mountain Club and Preserve WWTP
NPDES Permit No. NC0080098
Case No. LV-2017-0106
Dear Mr. Davidson,
This letter is in response to the above NOV dated April 04, 2017 and received by James & James on or
about April 11, 2017. The violation was for the month of October, 2016.
The facility operates extremely well the beginning of the month and falters near the end of the month. The
water quality to the naked eye is pristine. When the effluent is pulled into a clear vessel, it appears as
drinking water. This gives the operator a false sense of accomplishment until the BOD results return.
The facility also had elevated Ammonia Nitrogen levels. We requested and the owner obliged with
speaking with each homeowner with regard to the chemicals they are using in their homes and businesses.
They were requested to return to using biologically friendly products.
The owners of this facility have invested several thousand dollars in the rebuilding of the tertiary tanks,
updating the controls and equipment. We continue to give instruction to the homeowners and businesses as
to what chemicals are friendly to the system. We have searched for any 1 & I that may be playing havoc
with the operations. We continue to work as a team to find the proper combination to maintain compliance
throughout the entire month.
The operator adds soda ash and aluminum sulfate as needed to keep the facility healthy. He wastes to the
digester as needed and performs field data from the various chambers to determine the changes necessary.
Since the owner and operator are very conscientious of the system and its needs and is proactive with
regard to the clientele we respectfully request consideration of the assessment.
Thank you for your attention to this matter.
With highest regards,
140
Qan
Juanita James
JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 519, MOUNTAIN HOME, NC 28758
(828) 697-0063 OFFICE
(828) 697-0065 FAX
April 18, 2017
Surface Water Protection Section
Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, NC 28778
RE: Linville Falls Mountain Club and Preserve WWTP
NPDES Permit No. NC0080098
Tracking Number: NOV-2017-LV-0239
Dear Mr. Davidson,
This letter is in response to the above NOV dated April 11, 2017 and received by James & James on or
about April 17, 2017. The violation was for the month of November, 2016.
The facility operates extremely well and had one time of an elevated number in the middle of the month.
The water quality to the naked eye is pristine. We performed an assessment of all of the controls and
equipment to ensure that, while we are not on site, it still is operating at its optimum level. We found that a
time clock was only functioning sporadically and that the facility was not receiving the intended amount of
run time. We made this change. We also checked and serviced all of the check valves and diffusers to
ensure that there were no air restrictions.
The effluent, as stated above, is incredibly clear. At quick glance, there would never be a consideration of
non-compliance. The operator is doing an excellent job managing the system and I go to the site as well as
an extra set of eyes to determine what can be amended or corrected.
Since the owner and operator is very conscientious of the system and its needs and is proactive with regard
to the clientele we respectfully request consideration of the assessment.
Thank you for your attention to this matter.
With highest regards,
J-i /lam:
uanita James