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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. im your name and address on the reverse that we can return the card to vou. F� n into. 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 COMPLETE THIS SECTION ON DEL &.1 %A s_ E ICD N kMES KUNEVICIUS DASTAL VENTURES GROUP N. TRYON STREET, SUITE 62 HARLOTTE NC 28202 11111 llllrJrlllllllllr1llllll- 7007 1490 0004 0798 8077 Signs e ice Type 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 rflfled Mail Provides: a A mailing receipt a A unique identifier for your mailpiece • A record of delivery kept by the Postal Service for two years Important Reminders: • Certified Mail may ONLY be combined with First -Class Mails or Priority Maila. e Certified Mail is not available for any class of international mail. • NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. • For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece"Return Receipt Requested". To receive a fee waiv'-r for a duplicate return receipt, a USPS5 postmark on your Certified Mail receipt is required. a For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery", • If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry, 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 < Ferd,) � SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO o g 1 8S 8 p i g - 8y 3 222A 54050 00010 00100 50060 C0110 00610 \ C0A0 it3116 3000 Co8381000 Weekly 2%mont 2%week 2Xmonth 2Xmonh 2X month 2Xmout Weekly Recorder Grab Grab _ Grab Grab Grab Grab Grab Grab FLOW TEMF-C pN CHLORINE ROD•Cone NalN-C a T85-Cane `\ ix) u00nom 3Dv u00aoek R.v mgd deg o N ugll mS/I W4YHR sc 0.001 0.001 i 1525 0,14 Y 0.001 <.Is HOLIDAY ) 1615 0.17 Y 0001 <15 6 1440 0.17 Y NOPLOW 0350 , 0.17 Y 0001 17.9 69 6.56 8 0001 9 0.001 10 1520 0.17 Y 0.001 <15 11 1140 0.17 Y 0.001 17.8 ].5 <15 29.6 25.3 127 ( >fi`0 ) n 0915 0.17 Y NOFLOW 1510. 0.17 Y 0.001 199 la 1015 0.17 Y 0.001 6,2 15 NOPLOW 6 NOFLOW 17 1600 0.17 V NOPLOW le 1730 0.17 Y 0001 <15 n 0855 0.17 Y 0001 <15 ma l0 1255 0.17 Y 0.001 18.9 Z4 25.8 25.1 10.3 >600 11 0825 0.17 Y 0001 6.11 ll 0.001 ll 0,001 u 1525 OW Y 0.001 <15 I5 1530 0.17 Y NOPLOW 26 1000 0.17 Y 0.002 18.3 <15 27 1340 0.17 V 0,001 0.454 <1 la 1125 0.17 Y 0001 6,47 19 0.001 30 0.001 31 1455 0.17 Y 0.001 <15 Ian *Avenge Won "W1 50 8 30 100 MontEryAnnge: 0.001042 1856 0 27.7 C16.4. 133] 1115 24494097 6335 GaorM..mnm: 0.002 199 t5 0 296 25.3 12.7 600 6.56 Dilly Minimum 0001 1].e 69 0 25,8 0.454 10.8 0 6.11 nun No Reporting Reason: EXPANSE =No Plow-Reuse/Recycle; HNV WTHR=No Visitation- Adverse Weather; NOFLOW No Flow; HOLIDAY -No Visitation -Holiday v" ' Nor 19� 9/z0/,;/fide zoo--gym-mo0z7 - o03� 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 LF 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 A • • 7 ....Iv 4, ..- 44, , , w ; • , • ' 4- • ; • 1: f C 41, I • 41`ipag. 41` 01* tr. I 7 , 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