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HomeMy WebLinkAboutNC0037737_Regional Office Physical File Scan Up To 2/3/2021EPA 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 NC0037737 17/11/09 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) Nantahala Village WWTP 9400 U S Hwy 19 W Bryson City NC 28713 Entry Time/Date Permit Effective Date Exit Time/Date Permit Expiration Date 10:00AM 17/11/09 13/05/01 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) /// Mark Christopher Bentley/ORC/828-479-6428/ Other Facility Data 12:00PM 17/11/09 17/10/31 Name, Address of Responsible Official/Title/Phone and Fax Number William Eilf,9400 Hwy 19 W Bryson City NC 28713//828-508-2648/Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance Records/Reports 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 Timothy H Heim ARO WQ//828-296-4665/ 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 17/11/09 Inspection Type C3111218 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Tim Heim of the Asheville Regional Office performed a Compliance Evaluation Inspection on November 9, 2017. Mark Bentley (ORC) and Daniel Dutton (Maintenance Staff) assisted with the inspection and records review. The facility appeared well maintained and operated at the time of the inspection, and in compliance with Permit NC0037737. The following additional observations were made at the time of the inspection: •The ORC should locate the discharge pipe location using a dye trace and mark the location for future reference NC0037737 17 (Cont.) Page#2 Permit:NC0037737 Inspection Date:11/09/2017 Owner - Facility: Inspection Type: Nantahala Village WWTP 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? The facility appeared well organized and maintained at the time of the inspection.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: Page#3 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 NC0037737 17/11/09 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) Nantahala Village WWTP 9400 U S Hwy 19 W Bryson City NC 28713 Entry Time/Date Permit Effective Date Exit Time/Date Permit Expiration Date 10:00AM 17/11/09 13/05/01 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) /// Mark Christopher Bentley/ORC/828-479-6428/ Other Facility Data 12:00PM 17/11/09 17/10/31 Name, Address of Responsible Official/Title/Phone and Fax Number William Eilf,9400 Hwy 19 W Bryson City NC 28713//828-508-2648/Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance Records/Reports 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 Timothy H Heim ARO WQ//828-296-4665/ 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 11/13/2017 NPDES yr/mo/day 17/11/09 Inspection Type C3111218 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Tim Heim of the Asheville Regional Office performed a Compliance Evaluation Inspection on November 9, 2017. Mark Bentley (ORC) and Daniel Dutton (Maintenance Staff) assisted with the inspection and records review. The facility appeared well maintained and operated at the time of the inspection, and in compliance with Permit NC0037737. The following additional observations were made at the time of the inspection: •The ORC should locate the discharge pipe location using a dye trace and mark the location for future reference NC0037737 17 (Cont.) Page#2 Permit:NC0037737 Inspection Date:11/09/2017 Owner - Facility: Inspection Type: Nantahala Village WWTP 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? The facility appeared well organized and maintained at the time of the inspection.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: Page#3 State of North Carolina | Environmental Quality | Water Resources 2090 U.S. Highway 70 Swannanoa, NC 28778 828 296 4500 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director November 13, 2017 Deb Morris, Manager Roumelco Properties DBA Nantahala Village 9400 U S Hwy 19 W Bryson City, NC 28713 SUBJECT: Compliance Evaluation Inspection Nantahala Village WWTP Permit No. NC0037737 Swain County Dear Ms. Morris: On November 9, 2017, I conducted a Compliance Evaluation Inspection of the Nantahala Village WWTP. Based on records reviewed, on-site review of system components and interviews with staff, the facility was determined to be in compliance with permit NC0037737. The following item was noted during the inspection:  The ORC should locate the discharge pipe location using a dye trace and mark the location for future reference. The assistance of Mr. Mark Bentley (ORC) and Mr. Daniel Dutton during the inspection was greatly appreciated. If there are questions or additional information is needed regarding system operation, maintenance, or permit questions, please feel free to contact me at 828 -296-4500. Please refer to the enclosed inspection report for additional observations and comments. Sincerely, Tim Heim, P.E. Environmental Engineer Enc. cc: MSC 1617-Central Files-Basement Asheville Files CEI letter 11-09-2017.doc Permit NC0037737 Page 1 of 6 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Roumelco Properties, LLC dba Nantahala Village is hereby authorized to discharge wastewater from a facility located at the Nantahala Village WWTP U.S. Highway 19 south of Almond Swain County to receiving waters designated as an unnamed tributary to the Nantahala River in subbasin 04-04-02 of the Little Tennessee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. This permit shall become effective June 1, 2018. This permit and authorization to discharge shall expire at midnight on October 31, 2022. Signed this day April 30, 2018. [original signed by John Hennessy] _____________________________________________ Linda Culpepper, Interim Director Division of Water Resources By Authority of the Environmental Management Commission Permit NC0037737 Page 2 of 6 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Roumelco Properties, LLC dba Nantahala Village is hereby authorized to: 1. continue to operate an existing Class WW-1 wastewater treatment facility generating 0.0078 MGD of wastewater utilizing the following components:  septic tanks  dosing tank  Surface sandfilter  collection tank  recirculation pumps  spray nozzles  chlorine disinfection  dechlorination equipment these facilities located at the Nantahala Village WWTP off U.S. Highway 19, south of Almond in Swain County, and 2. discharge from said treatment works via Outfall 001, at the location specified on the attached map, into an unnamed tributary to the Nantahala River [stream Segment 2-57-(22.5)], currently classified B-Trout within subbasin 04-04-02 [HUC: 06010202] of the Little Tennessee River Basin. Permit NC0037737 Page 3 of 6 PART 1 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from Outfall 001. Such discharges shall be limited, monitored, and reported1 by the Permittee as specified below: EFFLUENT CHARACTERISTICS [PCS CODE] LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location 2 Flow 50050 0.0078 MGD Weekly Instantaneous I or E Temperature (ºC) 00010 Daily Grab E Total Residual Chlorine (TRC)2 50060 28 µg/L 2/Week Grab E Temperature (ºC) 00010 Weekly Grab U & D BOD, 5-day (20ºC) 00310 30.0 mg/L 45.0 mg/L 2/Month Grab E Total Suspended Solids 00530 30.0 mg/L 45.0 mg/L 2/Month Grab E NH3 as N (01Apr–31Oct) 00610 5.5 mg/L 27.5 mg/L 2/Month Grab E NH3 as N (01Nov–31Mar) 00610 11.0 mg/L 35.0 mg/L 2/Month Grab E Fecal Coliform (geometric mean) 31616 200 / 100 ml 400 / 100 ml 2/Month Grab E pH 00400 Not < 6.0 or > 9.0 standard units 2/Month Grab E Footnotes: 1. Beginning on the permit effective date, the Permittee shall submit discharge monitoring reports electronically using the NC DWR’s Electronic Discharge Monitoring Report (eDMR) program [See Special Condition A. (2.)] 2. E = Effluent; I = Influent; Upstream = U - at least 50 feet upstream from the outfall. Downstream = D - at least 100 feet downstream from the outfall. 3. The Division shall consider compliant all TRC values reported < 50 µg/L. However, the Permittee shall continue to report all effluent TRC detected by an NC-certified test method [including field-certified] even if these values fall below 50 ug/L. Condition: The Permittee shall discharge no floating solids or foam visible in other than trace amounts. Permit NC0037737 Page 4 of 6 A. (2.) ELECTRONIC REPORTING - DISCHARGE MONITORING REPORTS [G.S. 143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) Signatory Requirements • Section D. (2.) Reporting • Section D. (6.) Records Retention • Section E. (5.) Monitoring Reports 1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)] The permittee shall report discharge monitoring data electronically using the NC DWR’s Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state’s eDMR application is compliant with EPA’s Cross-Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See “How to Request a Waiver from Electronic Reporting” section below. Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Permit NC0037737 Page 5 of 6 Starting on December 21, 2020, the permittee must electronically report the following compliance monitoring data and reports, when applicable: • Sewer Overflow/Bypass Event Reports; • Pretreatment Program Annual Reports; and • Clean Water Act (CWA) Section 316(b) Annual Reports. The permittee may seek an electronic reporting waiver from the Division (see “How to Request a Waiver from Electronic Reporting” section below). 2. Electronic Submissions In accordance with 40 CFR 122.41(l)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA’s website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA’s NPDES Electronic Reporting Rule is found at: http://www2.epa.gov/compliance/final-national-pollutant- discharge-elimination-system-npdes-electronic-reporting-rule. Electronic submissions must start by the dates listed in the “Reporting Requirements” section above. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re-applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: http://deq.nc.gov/about/divisions/water-resources/edmr Permit NC0037737 Page 6 of 6 3. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)] All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina’s eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://deq.nc.gov/about/divisions/water-resources/edmr Certification. Any person submitting an electronic DMR using the state’s eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "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 manage 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." 4. Records Retention [Supplements Section D. (6.)] The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Map not to scaleSwain CountyNorth USGS Quad: Wesser, N.C.Stream Class: B-TroutSubbasin: 04-04-02Latitude: 35º21’16” Longitude: 83º33’32”Receiving Stream: UT Nantahala River NC0037737 FacilityLocationNantahala Village WWTP Outfall 001 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Roumelco Properties DBA Nantahala Village Facility Name: Nantahala Village WWTP Permit Number: NC0037737 County: Swain Case Number: LV-2017-0320 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; One Monthly Average Ammonia Nitrogen exceeded the permit limit by 43.63%. 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 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 At the time of violation (DMR period Dec 2016) there were no civil penalties in the prior 12 months. 8) The cost to the State of the enforcement procedures. $122.39 ___________________ __________________________________________ Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ DocuSign Envelope ID: 1517D818-8E8F-4A0D-9BD6-79F080D2A8E6 11/21/2017 Certified Mail # 7016 1370 0001 6572 2185 Return Receipt Requested November 22, 2017 Deborah Morris Roumelco Properties DBA Nantahala Village 9400 U S Hwy 19 W Bryson City, NC 28713 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. NC0037737 Roumelco Properties DBA Nantahala Village Nantahala Village WWTP Case No. LV-2017-0320 Swain County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $372.39 ($250.00 civil penalty + $122.39 enforcement costs) against Roumelco Properties DBA Nantahala Village. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by Roumelco Properties DBA Nantahala Village for the month of December 2016. 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. NC0037737. The violations, which occurred in December 2016, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Roumelco Properties DBA Nantahala Village violated the terms, conditions or requirements of NPDES WW Permit No. NC0037737 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 Roumelco Properties DBA Nantahala Village: State of North Carolina | Environmental Quality | Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 DocuSign Envelope ID: 1517D818-8E8F-4A0D-9BD6-79F080D2A8E6 $250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0037737, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for NH3-N - Conc. $250.00 TOTAL CIVIL PENALTY $122.39 Enforcement Costs $372.39 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: (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; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (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 (8) The cost to the State of the enforcement procedures. 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 DocuSign Envelope ID: 1517D818-8E8F-4A0D-9BD6-79F080D2A8E6 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 factual statements 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: (1) 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 DocuSign Envelope ID: 1517D818-8E8F-4A0D-9BD6-79F080D2A8E6 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 of receipt of this 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 §150B-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 (1) 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 Beverly Price with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4500 or via email at bev.price@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor 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 20171122_NC0037737_CPALV20170320 DocuSign Envelope ID: 1517D818-8E8F-4A0D-9BD6-79F080D2A8E6 JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2017-0320 County: Swain Assessed Party: Roumelco Properties DBA Nantahala Village Permit No.: NC0037737 Amount Assessed: $372.39 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: DocuSign Envelope ID: 1517D818-8E8F-4A0D-9BD6-79F080D2A8E6 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF SWAIN IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND ) STIPULATION OF FACTS Roumelco Properties DBA Nantahala Village ) Nantahala Village WWTP ) ) PERMIT NO. NC0037737 ) CASE NO. LV-2017-0320 Having been assessed civil penalties totaling $372.39 for violation(s) as set forth in the assessment document of the Division of Water Resources dated November 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 day of , 20_____ __________________________________________ SIGNATURE ADDRESS ___________________________________________ ___________________________________________ ___________________________________________ ___________________________________________ TELEPHONE ___________________________________________ DocuSign Envelope ID: 1517D818-8E8F-4A0D-9BD6-79F080D2A8E6 ATTACHMENT A Roumelco Properties DBA Nantahala Village CASE NUMBER: LV-2017-0320 PERMIT: NC0037737 REGION: Asheville FACILITY: Nantahala Village WWTP COUNTY: Swain ___________________________________________________________________________________________________________________________________________________________________________________ LIMIT VIOLATION(S) ___________________________________________________________________________________________________________________________________________________________________________________ SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount ___________________________________________________________________________________________________________________________________________________________________________________ 12/31/2016 12-2016 Nitrogen, Ammonia 2 X month mg/l 11 15.8 43.6 Monthly $250.00 Total (as N) - Average Concentration Exceeded ___________________________________________________________________________________________________________________________________________________________________________________ DocuSign Envelope ID: 1517D818-8E8F-4A0D-9BD6-79F080D2A8E6 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) Violator: Roumelco Properties DBA Nantahala Village Facility Name: Nantahala Village WWTP Permit Number: NC0037737 County: Swain Case Number: MV-2018-0001 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; Potential violations may not be revealed with “Failure to Monitor.” 2) The duration and gravity of the violation; There was no ORC on site for the first three weeks of May 2017 per the requirements of the NPDES permit. There was also no sampling of the required parameters for the first three weeks of May 2017 per the requirements of the NPDES permit. 3) The effect on ground or surface water quantity or quality or on air quality; Potential violations may not be revealed with “Failure to Monitor.” 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 six civil penalty enforcements in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $118.68 ___________________ __________________________________________ Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ 1/29/2018 Certified Mail # 7016 1370 0001 6572 0303 Return Receipt Requested January 30, 2018 Deb Morris, Manager Roumelco Properties DBA Nantahala Village 9400 U S Hwy 19 W Bryson City, NC 28713 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. NC0037737 Roumelco Properties DBA Nantahala Village Nantahala Village WWTP Case No. MV-2018-0001 Swain County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,468.68 ($1,350.00 civil penalty + $118.68 enforcement costs) against Roumelco Properties DBA Nantahala Village. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by Roumelco Properties DBA Nantahala Village for the month of May 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. NC0037737. The violations, which occurred in May 2017, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Roumelco Properties DBA Nantahala Village violated the terms, conditions or requirements of NPDES WW Permit No. NC0037737 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 Roumelco Properties DBA Nantahala Village: State of North Carolina | Environmental Quality | Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 $600.00 for 3 of the 3 failures to properly monitor CHLORINE in violation of Permit No. NC0037737. $750.00 for 3 of the 3 failures to properly monitor TEMP-C in violation of Permit No. NC0037737. $1,350.00 TOTAL CIVIL PENALTY $118.68 Enforcement Costs $1,468.68 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: (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; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (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 (8) The cost to the State of the enforcement procedures. 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 factual statements 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: (1) 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 of receipt of this 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 §150B-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 (1) 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 at janet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: DWR Laserfiche 20180130_NC0037737_CPAMV20180001.rtf G:\WR\WQ\Swain\Wastewater\Minors\Nantahala Village Resort 37737\20180130_NC0037737_CPAMV20180001.rtf JUSTIFICATION FOR REMISSION REQUEST Case Number: MV-2018-0001 County: Swain Assessed Party: Roumelco Properties DBA Nantahala Village Permit No.: NC0037737 Amount Assessed: $1,468.68 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 (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: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF SWAIN IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND ) STIPULATION OF FACTS Roumelco Properties DBA Nantahala Village ) Nantahala Village WWTP ) ) PERMIT NO. NC0037737 ) CASE NO. MV-2018-0001 Having been assessed civil penalties totaling $1,468.68 for violation(s) as set forth in the assessment document of the Division of Water Resources dated January 30, 2018, 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 ___________________________________________ ATTACHMENT A Roumelco Properties DBA Nantahala Village CASE NUMBER: MV-2018-0001 PERMIT: NC0037737 REGION: Asheville FACILITY: Nantahala Village WWTP COUNTY: Swain ___________________________________________________________________________________________________________________________________________________________________________________ MONITORING VIOLATION(S) ___________________________________________________________________________________________________________________________________________________________________________________ SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount ___________________________________________________________________________________________________________________________________________________________________________________ 5/6/2017 5-2017 Chlorine, Total 2 X week ug/l Frequency $200.00 Residual Violation ___________________________________________________________________________________________________________________________________________________________________________________ 5/13/2017 5-2017 Chlorine, Total 2 X week ug/l Frequency $200.00 Residual Violation ___________________________________________________________________________________________________________________________________________________________________________________ 5/20/2017 5-2017 Chlorine, Total 2 X week ug/l Frequency $200.00 Residual Violation ___________________________________________________________________________________________________________________________________________________________________________________ 5/6/2017 5-2017 Temperature, Water 5 X week deg c Frequency $250.00 Deg. Centigrade Violation ___________________________________________________________________________________________________________________________________________________________________________________ 5/13/2017 5-2017 Temperature, Water 5 X week deg c Frequency $250.00 Deg. Centigrade Violation ___________________________________________________________________________________________________________________________________________________________________________________ 5/20/2017 5-2017 Temperature, Water 5 X week deg c Frequency $250.00 Deg. Centigrade Violation ___________________________________________________________________________________________________________________________________________________________________________________ November 12, 2019 Deborah Morris Roumelco Properties DBA Nantahala Village 9400 US Hwy 19 W Bryson City, NC 28713 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2019-LV-0841 Permit No. NC0037737 Nantahala Village WWTP Swain County Dear Permittee: A review of the August 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 Nitrogen, Ammonia Total (as 8/31/2019 5.5 8.98 Monthly Average Exceeded N) - Concentration (CO610) _________________________________________________________________________________________________________________________________________________________________________ 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\Swain\Wastewater\Minors\Nantahala Village Resort 37737\20191112_NC0037737_NOV2019LV0841.Docx DocuSign Envelope ID: FF30F0AF-AACE-4DD6-9837-3933A8EEA061 ... COVER SHEET - PROJECT LOCATION MAP ... EXiSTIWG SITE PLAN ... PROPOSED SITE PLAN ...HYDRAULIC PROFILE MISC. DETAILS ...SAND FILTER PIPING PLAN ... RECIRCULATION TANK ... EFFLUENT OUTFACE PROFILE ...ELECTRICAL SITE PLAN A S S O C I A T E S ENGINEERING • PLANNING • FINANCE EXISTING 1" PERFORATED PVC DOSING LATERAL (TYPICAL) EXISTING 4" PVC MANIFOLD HEADER EXIST. 2,300 GALLON DOSING TANK EXISTING INFLUENT LINE EXISTING GATE VALVE (TYPICAL) EXISTING [SAND FILTER • • WOODS 7 N N /\/ oF r'v 7 ,r r 7 7 • • i GRASS�� EXISTING 4" PVC FILTER COLLECTION LINE EXISTING CHLORINE CONTACT TANKS • • • • • • • • ~J� PLAN EXISTING 4" PVC EFFLUENT DISCHARGE SCALE: 1" ' 20' WOODS CREEK N.: 9 eq g M'RNEME TS z 0 cc O z 0 0 N CN 10 0) NI Z w rri NI CO < > N Q a CC 0 E AS NOTED X w SHEET RELOCATE EXISTING DOSING LATERALS AS NECESSARY TO INSTALL PROPOSED SPRAY NOZZLES {NOTE: EXISTING LATERALS WILL CONTINUE TO BE USE FOR INITIAL DOSE EXISTING MANIFOLD HEADER EXIST. 2,300 GALLON DOSING TANK EXISTING INFLUENT LINE PROPOSED 3,000 GAL. 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WASHED STONE 7• — 2" SECTION A -A SCALE: 1 /2"-=1'a-0" Z eq r^s Prml z Cup h�4 z Cm) 014 C4!�.,9 GO I4 Ci) 1E-5 CO CD Z LU CZ cc cL W CC Lli 0 z 0 oc c� z F- cr z z 0 U R co N C'1 �rn w 0 z d Li! v to 0) to z 0 vi w. ct N 0) SHEET OF w 10+00 11+00 12+00 13+00 r2(4) Nznn itr a it, 1-- Z W W 0 cc o o CN C:5) crs NORTH CA' OLINA 0 z W .--I N h- d ✓ N < C,.> w 10 0 Cn Ch 0) J J LL j W O� E—O Z wo- -J w SHEET CP MS 1 MS 2 TSP LEGEND WIRE IN CONDUIT, 30" BELOW GRADE WIRE IN EXPOSED CONDUIT PLANT CONTROL PANEL RECIRC, PUMP NO, 1 MOTOR STARTER RECIRC, PUMP NO, 2 MOTOR STARTER AWG #1$ TWISTED, SHIELDED PAIR INSTRUMENTATION CABLE SAFETY DISCONNECT SWITCH COMBINATION TYPE MAGNETIC MOTOR STARTER 230V, 2 POLE, 12OVAC COIL IN NEMA 1 ENCLOSURE PANELBOARD CIRCUIT BREAKER, AMPS/POLES INDICATED (TYP.) JUNCTION BOX SINGLE POLE LIGHT SWITCH DUPLEX RECEPTACLE MANUAL MOTOR STARTER 2" SOLENOID VALVE 120/240V, 10, 3W SERVICE SERVICE POLE 100 AMP, 2 POLE SERVICE SWITCH FUSED WITH 100A TIME DELAY FUSES PROPOSED SEPTIC TANK • •;. • ,•• • • • • •.• ., . * f '• '•' 0 * • • '• • • * • ••. • •� �a � ®�•; • • irk ,r • • * * t '.;• •' 0, *; * * *' *. • • •: • *' ®' .;. • * .• • * 0 •.. .• • qj • • •.. • • • • • • * • •.. • * * * *: • • • • * • •. * • • • • * • • • • • • !.. •: ••• • i s a • ♦ • • a►:. 0 • • o' • • .' • • ' .. 0 it • a. • * • • * • • • * * • . •: • '• :•• • • ,o• • Y• e • * a •• �, • , • * • * • • r • • ••.• • • •' • • •' • •'.•. WOODS CREEK PROPOSED RECIRCULATION TANK DRAIN VALVE SV4 PLC (DESCRIPTION `OF OPERATION i f\ R AL \R. RECIRCULATION SEQUENCE ;,- NO/ \ 7 / \ \ / \ The sequence star' s when the dosing tank automatic siphon discharges liquid to the sand filters 'r ,•7 /resulting in a high \hevel in the recirculation tank as detected by float switch LSH. Timer No. 1 7 ,-- starts a 30 minutes ,ON" cycle and opens sd filter bed No. 1 recirculation valve SV1. At S�,Q�' ..• ,'" the end of the 30 minu\te cycle Timer No. 1 c Vises SV1 and Timer N.o. 2 starts a 30 minutes "ON" cycle and opens sand filter bed No. 2 recirculation waive SV2. At the end of the 30 i f r ` minute cycle Timer No. 2 Moses SV2 and Timer No. 3 starts a 30 minutes "ON" cycle and 7 7 opens sand filter bed No. .3\recaiculation valve SV3\ The above cycle is repeated until the 1 7 --" level in the recalculation tank\decreasesto the actuion point of float switch LSL. At that f point the pumps stop and will \ot restart until the lev I increases to float LSH. EFFLUENT FLOW \ \ Effluent flow is recorded and totalized on flow rec�srder/totalizer FIRQ1 FREEZE PROTECTION \ \ \ Only periods where the ambient temp rature is below 4'O\ degrees F, valve PV8 is not energized (opened) to, permit the spray \nozzles to drain. Otherwise, the valve will remain energized and closed. PROPOSED RECIRCULATION CON?ROL PANEL EFFLUENT FLOWMETER FIT 1 EXISTING CHLORINE CONTACT TANK EXISTING 4" PVC EFFLUENT DISCHARGE (To BE ABANDONED) During power failure, PV8 will not be ener'c ized, and therefore\ open. \ \ ALARMS \\ \\ The fallowing alarms are input to the alarm dialer: 1) Power fail \\ 2) Spare .\ 3) Recirculation tank high level (LSHH) \ 4) Spare ` GRASS WOODS r- 3 a cl `' to Z w► t ± 00 co I- At> CN 0 * L) 14a gin, �c CD; I r • - • at. _ sismosiS ri 2 �- 2- at -~ 4 1 sdt ''-y 'Ci ANS _Jr ' Tsang _ 1 c jevi 1 ,t•ft ,4 a E: pH & Tem • eratu • & hlorine Analyses Benchsheet DATE OF SAMPLE: FACILITY: Nantahala Village WWTP AND ANALYSIS: t, v I 1-1 ANALYST: TEMPERATURE ANALYSIS (S.M. 2550 B-2000) r Sample # 1 Sampl 1 Samp • FACIL 1 Sample Identification/Sample Type N antahala Village WVVTP Effluent Date & Time Sampled & Analyzed N antahala Village WWTP AND ANALYSIS: II "al TEMPERATURE ANALYSIS (S.M. 2550 B-2000) Sample Identification/Sample Type N antahala Village VVWTP Effluent Date & Time Sampled & Analyzed Iea •00,N-A Nantahala Village WWTP AND ANALYSIS: TEMPERATURE ANALYSIS (S.M. 2550 B-2000) S ample Irlonnt; N antahala Village WWTP TI IBC AAIAI V f71ZIIlIlil:dl1Ui11Jd111F it 1 ypc N antahala Village WWTP Effluent t "t) A AND ANALYSIS ( t �kteti1 1 FACILI Nantahala Villa e VVWTP 0 g AND ANALYSIS: TEMPERATURE ANALYSIS (S.M. 2550 B-2000) S ample Identification/Sample Type N antahala Village WWTP Effluent Date & Time Sampled & Analyzed i Temperature Correction NONE 6-7 ANALYST: Temperature Correction Temperature Correction NONE essal ANALYST Temperature Correction NONE mime Quuw �uu tiftiof Temp Reported (deg C) t r vl -kiect n ) -5 i 9 ?chav 55+ e vSt 5.7 9 / cool Temp Reported (deg C) I�,� sit of Temp Reported (deg C) Temp Reported (deg C) Temp Reported (deg C) • Y•��:� . • '�. • 1 \ V • I 1 9fr7 hi )3011 Pim ,044nitz049° 4910 1,10.s maa-- p « 4bv--* -C2s" Vt strQ3,..., Ctn. JA.570 Yzinma ALS, //J, 720 fret M(�l. ,31aah vie //team ge 1JIF9 k); T.pLLw /1 mg tin- Ya. rye Cate -kJ thh etei e din/win lit, 73ca. CA"•!_tkitaee --�- oast O� era ._4 ir k"t,�' w From:Environmentalinc To:Price, Bev Subject:Re: Nantahala Village Water WWTP NPDES 0037737 and WATER Permit No. NC0187124 Date:Monday, May 15, 2017 1:43:07 PM Attachments:image001.png image001.png image003.png Thanks Bev, I will make sure that they know. Melissa Voted 2015 C-Well Operator of the Year Environmental, Inc. Mailing Address: PO Box 954, Cullowhee, NC 28723 Physical Address: 2675 Skyland Drive, Sylva, NC 28779 Physical Address: 240-D Swannanoa River Road, Asheville, NC 28805 (828) 586-5588, Fax (828) 586-0800 http://www.waterwnc.com/ This email (including any attachments) contains PRIVILEGED AND CONFIDENTIAL INFORMATION protected by federal and/or state law and is intended only for the use of the individual(s) or entity(ies) designated as recipient(s). -----Original Message----- From: Price, Bev <bev.price@ncdenr.gov> To: Environmentalinc <environmentalinc@aol.com> Sent: Mon, May 15, 2017 12:59 pm Subject: RE: Nantahala Village Water WWTP NPDES 0037737 and WATER Permit No. NC0187124 Hi Mark, Please also let the Operators Certification Section (Maureen McKinney) know about this if you have not already. Thanks, Bev Bev Price Environmental Senior Specialist – Asheville Regional Office Water Quality Regional Operations Section NC DEQ – Division of Water Resources 828 296-4500 office bev.price@ncdenr.gov Asheville Regional Office 2090 U.S. 70 Highway Swannanoa, NC 28778 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Environmentalinc [mailto:environmentalinc@aol.com] Sent: Tuesday, May 09, 2017 5:14 PM To: Davidson, Landon <landon.davidson@ncdenr.gov>; Cantwell, Janet <janet.cantwell@ncdenr.gov>; Price, Bev <bev.price@ncdenr.gov>; Hintz, Randy <Randy.Hintz@ncdenr.gov>; Denning, Stephen <stephen.denning@ncdenr.gov>; Powers, Kimberly <kimberly.powers@ncdenr.gov> Subject: Nantahala Village Water WWTP NPDES 0037737 and WATER Permit No. NC0187124 To whom it may concern: Effective May 1, 2017 Environmental, Inc. is no longer be operating the Nantahala Village water and wastewater facilities. Please remove us as the Operator-in- Responsible Charge and Backup Operator for the wastewater facility NPDES WW 0037737 and the Operator- in - Responsible Charge for the water facility NC0187124. Mark Teague Environmental, Inc. Voted 2015 C-Well Operator of the Year Environmental, Inc. Mailing Address: PO Box 954, Cullowhee, NC 28723 Physical Address: 2675 Skyland Drive, Sylva, NC 28779 Physical Address: 240-D Swannanoa River Road, Asheville, NC 28805 (828) 586-5588, Fax (828) 586-0800 http://www.waterwnc.com/ This email (including any attachments) contains PRIVILEGED AND CONFIDENTIAL INFORMATION protected by federal and/or state law and is intended only for the use of the individual(s) or entity(ies) designated as recipient(s). I r • - • at. _ sismosiS ri 2 �- 2- at -~ 4 1 sdt ''-y 'Ci ANS _Jr ' Tsang _ 1 c jevi 1 ,t•ft ,4 a E: pH & Tem • eratu • & hlorine Analyses Benchsheet DATE OF SAMPLE: FACILITY: Nantahala Village WWTP AND ANALYSIS: t, v I 1-1 ANALYST: TEMPERATURE ANALYSIS (S.M. 2550 B-2000) r Sample # 1 Sampl 1 Samp • FACIL 1 Sample Identification/Sample Type N antahala Village WVVTP Effluent Date & Time Sampled & Analyzed N antahala Village WWTP AND ANALYSIS: II "al TEMPERATURE ANALYSIS (S.M. 2550 B-2000) Sample Identification/Sample Type N antahala Village VVWTP Effluent Date & Time Sampled & Analyzed Iea •00,N-A Nantahala Village WWTP AND ANALYSIS: TEMPERATURE ANALYSIS (S.M. 2550 B-2000) S ample Irlonnt; N antahala Village WWTP TI IBC AAIAI V f71ZIIlIlil:dl1Ui11Jd111F it 1 ypc N antahala Village WWTP Effluent t "t) A AND ANALYSIS ( t �kteti1 1 FACILI Nantahala Villa e VVWTP 0 g AND ANALYSIS: TEMPERATURE ANALYSIS (S.M. 2550 B-2000) S ample Identification/Sample Type N antahala Village WWTP Effluent Date & Time Sampled & Analyzed i Temperature Correction NONE 6-7 ANALYST: Temperature Correction Temperature Correction NONE essal ANALYST Temperature Correction NONE mime Quuw �uu tiftiof Temp Reported (deg C) t r vl -kiect n ) -5 i 9 ?chav 55+ e vSt 5.7 9 / cool Temp Reported (deg C) I�,� sit of Temp Reported (deg C) Temp Reported (deg C) Temp Reported (deg C) • Y•��:� . • '�. • 1 \ V • I 1 9fr7 hi )3011 Pim ,044nitz049° 4910 1,10.s maa-- p « 4bv--* -C2s" Vt strQ3,..., Ctn. JA.570 Yzinma ALS, //J, 720 fret M(�l. ,31aah vie //team ge 1JIF9 k); T.pLLw /1 mg tin- Ya. rye Cate -kJ thh etei e din/win lit, 73ca. CA"•!_tkitaee --�- oast O� era ._4 ir k"t,�' w Facility information NPDES permit #: NC0037737 Swain County Facility name: Nantahala Village Inc. WWTP - WWTP class: I STSF (*facility was wrongly classified on 8-17-2001 as: I Physical Chemical) WWTP type: 0.0078 MGD WWTP with: gray water flow from multiple septic tanks; three 3000 gallon storage septic tanks; a 2300 gallon dosing tank with automatic siphon and counter (2300 gallons per dump); 4-inch pvc manifold header; three surface sandfilter beds with nine 2-inch pvc perforated dosing laterals (for initial dose) per bed (1225 sq ft ea); 4-inch pvc filter collection line; a collection pump tank (with grating and tarp cover to keep out sun, grass and tree litter); two submersible 5 HP recirculation pumps; vertical gate valve; below ground vault with metal hatch housing 3 recirculation valves (SV1, SV2, SV3), a 4-inch drain valve (SV4) and pvc pipes to the recirculation laterals and microspray nozzles on %-inch dia. pvc risers (recirculates 2300 gallon batch through microspray nozzles for 4 cycles, spraying each of the beds separately; recirc. ratio is typically — 70-80%) with laterals sloped to manifold; tablet chlorinator; chlorine contact chamber; tablet dechlorinator; and 4-inch pvc effluent discharge line. Recirculation sequence: The sequence starts when the dosing tank automatic siphon discharges liquid to the sand filters resulting in a high level in the recirculation tank, as detected by a float switch (LSH). Timer #1 starts on a 30 minutes "on" cycle and opens sand filter bed #1 recirculation valve (SV1). At the end of the 30 minute cycle, timer #1 closes SV1 and timer #2 starts a 30 minutes "on" cycle and opens sand filter bed #2 recirculation valve (SV2). At the end of the 30 minute cycle, timer #2 closes SV2 and timer #3 starts a 30 minutes "on" cycle and opens sand filter bed #3 recirculation valve (SV3). The cycles are repeated until the level in the recirculation tank decreases to the actuation point of float switch LSL. At that point, the pumps stop and will not restart until the level increases to float LSH. (McGill Asso. 1996) Freeze Protection: Only periods where the ambient temperatures are below 40° F, valve PV8 is not energized (opened) to permit spray nozzles to drain. Otherwise, the valve will remain energized and closed. During power failure, PV8 will not be energized, and therefore, open. Collection System: Nantahala Village consists of (5 sewer connections): Private homes; cottages; condos; pool; recreational hall; day spa; Granny's (winter) cottage (#34); 3 Historic cottages (#35-37) — all with conventional septic tanks &z nitrification fields — not on sewer system; C6?ev,,s Lodge, Registration / Administrative Office & Restaurant — with grease trap and two septic tanks - gray water discharge to sewer system; 4 cabins (#14-17) — with 1 septic tank — gray water discharge to sewer system; 4 cottages (# 41-44) - with 1 septic tank — gray water discharge to sewer system; and 6 cabins (#48-53) - with 2 septic tanks — gray water discharge to sewer system. WWTP location: Village Pond Road, off US Hwys 19/74 West Responsible officials: Chase Harper, Vice -President Mailing address: 9400 US Hwy 19 West; Bryson City, NC 28713 Phone numbers 828-488-2826 x 107 Chase Harper, Vice President 800-438-1507 " — toll free (Email: Chase@NVNC.com) 828-508-2648 " - cell 828-488-9634 " - fax 828-488-2826 Mike Awtrey, ORC & Maintenance 828-226-3150 work " — home: 828-488-9009 828-488-3198 Linda White — Swain Co Health Director (Email CEls: LindaW@swaincountync.gov) 828-508-1356 cell Lance Ingram, former ORC (@ NOC) Operator information Certified ORC & grade: John Michael (Mike) Awtrey Grade I WW — Cert # 992884 (h) 580 Hwy 19-A; Whittier, NC 28789-8728 Back-up ORC & grade: Env. Inc. —Elizabeth Wike — performs the required certified field parameter testing and collects samples. Permit information Date issued: 11-1-2007 Expiration date: 10-31-2012 Stream information Stream & river basin: UT to Nantahala River; Little Tennessee River Basin Sub -basin: 04-04-02 Quad: Wesser, NC Grid: Stream classification: B - Trout Drainage area sq mi: Instream Waste Conc.: Average stream flow: Summer 7Q10 cfs: Winter 7Q10 cfs: Other information Directions: From the ARO, travel 27.3 miles on 1-40 West to Exit 27: Hwy 19 / US Hwy 23 / US Hwy 74 W. Merge onto US Hwy 74 West. Travel 48.2 miles toward Bryson City. At the Hwy 74 / 23 split, stay left on US Hwy 74 West. The Nantahala Village will be the first business on the right. Go just beyond that to the Village Cove Community and turn right onto Village Pond Road. Follow that gravel road (bearing left) to the WWTP located in a field on the right. Note: * ARO has a classification letter, dated 8-17-2001, in the facility file classifying this facility as a Class I Physical Chemical facility. *On June 18, 2009, 1 requested Jerry Rimmer to reclassify this facility as a Class I STSF (rather than a Class I Physical Chemical). Wanda Frazier As of 7-13-2010, BIMS has it listed as Class II WW. The facility was originally classified on 7-30-82 and modified on 6-27-2007 by Laurie Singleton. There is nothing about this in the facility file . The permit has 2/month samples and daily temperature, indicating a class I facility. On 7-15-10, 1 sent the facility cover page info and engineering specs to the TAC Unit, requesting that they (Jerry Rimmer & James Pugh) check on the classification. Also, after talking to Don Price, the owner sent in an ORC change form when the ORC changed and. The ARO does not have a copy of that form either. Wanda Frazier ..from: 20,90 us hwy 70, swannan^a, nc 28778 to: +35' 21' 17.00", -830?",' 20.00" (35.354... Page 1 of 1 Start 2090 US Route 70 G, ,., Swannanoa NC 28778 End 35.354722,-83.558333 Travel 79.8 mi (about 1 hour 42 . mins) 2090 US Route 70 kppj Swannanoa, NC 28778 Drive: 79.8 mi (about 1 hour 42 mins) 4. Take exit 27 for Great Smokey Mountains 0.8 mi Expy/US-19/US-23/US-74 toward Clyde/ 1 min Waynesville/Murphy/Atlanta/Maggie Valley .......... __...._......... 5. Mer9 a onto US-74 W 0.6 mi 6. Take the ramp onto Great Smoky Mountains 48.2 mi Expy/US-19 S/US-23 S/US-74 W 1 hour 7 mins Continue to follow US-74 W 7. Turn right at Village Pond Rd 0.3 mi 1 rnin 35.354722,-83.558333 These directions are for planning purposes only. You.may find that construction projects, traffic, or other events may cause road conditions to differ from the map results. Map data @2007 NAVTEQTM Overview Start End Map data C2007 NAVTEQTIIl http://maps.google.com/maps?daddr=%2B3 5%C2%BO+21'+17.00%22,+-83%C2%BO+33'... 6/13/2007 Gt WNW North Carolina Department of Environment and Natural Reso_ urces Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary July 15, 2009 CHASE HARPER VICE PRESIDENT NANTAHALA MOUNTAIN VILLAGE INC 9400 HWY 19 W BRYSON CITY NC 28713 Subject: NPDES Permit Modification- Name and/or Ownership Change Permit Number NCO037737 Nantahala Village Swain County Dear Mr. Harper: Division personnel have reviewed and approved your request to transfer ownership of the subject permit, received on July 9, 2009. This. permit modification documents the change of ownership. Please find enclosed the revised permit. All other terms and conditions contained in the original permit remain unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. - If you have any questions concerning this permit modification, please contact the Point Source Branch at (919) 807-6304. Sincerely, Coleen H. Sullins cc: Central Files Asheville-Region_a Office, Surface Water Protection NPDES Unit File NCO037737 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St Raleigh, North Carolina 27604 Phone: 919-807-6300 \ FAX: 919-807-6492 \ Customer Service:1-877.623-6748 Internet www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer daa ra ,wt.dast �.� ^-.*.. ♦ ,:.. av nsY..'c,na�rauw.r.nt�+. :%;, J U L 16 2009 One ;; l '6rt,h a -Q - na WATASHER I i "`' Ewit I r- %lf !` Permit NCO037737 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Nantahala Mountain Village, Inc. is hereby authorized to discharge wastewater from a facility located at the Nantahala Village U.S. Highway 19 south of Almond Swain County to receiving waters designated as an unnamed tributary to the Nantahala River in subbasin 04-04-02 of the Little Tennessee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective July 15, 2009. This permit and authorization to discharge shall expire at midnight on October 31, 2012. Signed this day July 15, 2009. een H. Sullins, Director / Division of Water Quality By Authority of the Environmental Management Commission Permit NCO037737 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit. bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Nantahala Mountain Village, Inc.: 1. Continue to operate an existing 0.0078 MGD wastewater treatment facility with the following components: ♦ Septic tanks ♦ Dosing tank ♦ Surface sandfilter ♦ Collection tank ♦ Recirculation pumps ♦ Spray nozzles Chlorine disinfection ♦ Dechlorination The facility is located at the Nantahala Village off U.S. Highway _19 south of Almond in Swain County. 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to the Nantahala River, a class B-Trout stream in subbasin 04-04- 02 of the Little Tennessee River Basin. Quad: Wesser, N.C. N C ®0 3 7 7 3 7 Stream Class: B-Trout Subbasin: 40402 Nantahala Village WWTP Latitude: 35'21'16" Longitude: 83°33'32" Receiving Stream: UT Nantahala River Facility Location�� North SCALE 1:24000 Permit NCO037737 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS ^ During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as speafied.below PARAMETER, i .. LIMITS Monthly. Daily Average Maximum MONITORING REQUIREMENTS Measurement` Sample Type Sample Location Frequency'. -Flow 0.0078 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg"/L 211VIonth Grab Effluent NH3 as N April 1— October 31 5.5 mg/L .27..5 mg/L , .2/Month Grab Effluent NH3 as N November 1— March 31 11.0 mg/L 35.0 mg/L 2/Month Grab Effluent Fecal Coliform (geometric mean) 200 / 100 ml 4001100 ml 2/Month Grab Effluent Total Residual Chlorine 28 Ng/L 2/Week Grab Effluent Temperature (°C} - Daily Grab -. Effluent Temperature (°C) Weekly Grab Upstream & Downstream pH : > 6.0 and < 9.0 standard units T 2/Month Grab Effluent footnotes: 1. Upstream = at least 50 feet upstream from the outfall. Downstream = at least 100 feet downstream from the outfall.. There shall be no discharge of floating solids .or visible foam in other than trace amounts. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Coleen H. Sullins, Director October 8, 2007 Ms. Julie Bielecki Nantahala Village Resort & Spa 9400 U.S. Highway 19 West Bryson City, NC 28713 Subject: Issuance of NPDES Permit NCO037737 . Nantahala Village WWTP Swain County Dear Ms. Bielecki: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on August 15, 2007. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Di��sion of ::'titeruali y or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Charles Weaver at telephone number (919) 733-5083, extension 511. _ ..:....,..�;_. Sincerer, .K J f 9v— Coleen �u �OCT 1 1 2007 , cc: Central Files Assl"evilleRegional�Offiee/Sur-face;; WaterProtectio ,. DES Unit {i szi WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One 512 North Salisbury Street, Raleigh, North Carolina 27604 NofthCarolina Phone: 919 733-5083 / FAX 919 733-0719 / Internet: www.ncwaterquality.org naturally An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper KL Permit NCO037737 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, WESE Inc. dba Nantahala Village Resort & Spa is hereby authorized to discharge wastewater from a facility located at the Nantahala Village WWTP U.S. Highway 19 south of Almond Swain County to receiving waters designated as an unnamed tributary to the Nantahala River in subbasin 04-04-02 of the Little Tennessee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective November 1, 2007. This permit and authorization to discharge shall expire at midnight on October 31, 2012. Signed this day October 8, 2007. % Coleen H. Sullins, Director fff Division of Water Quality By Authority of the Environmental Management Commission Permit NCO037737 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the . . permit conditions, requirements, terms, and provisions included herein. WESE Inc. dba Nantahala Village Resort & Spa is hereby authorized to: 1. Continue to operate an existing 0.0078 MGD wastewater treatment facility with the following components: ♦ Septic tanks ♦ Dosing tank ♦ Surface sandfilter ♦ Collection tank ♦ Recirculation pumps ♦ Spray nozzles ♦ Chlorine disinfection ♦ Dechlorination�" The facility is located at the Nantahala Village WWTP off U.S. Highway 19-s-o�f ALn4Gad in Swain County. 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to the Nantahala River, a class B-Trout stream in. subbasin 04-04- 02 of the Little Tennessee River Basin. i CO] Quad: Wesser, N.C. N C 0 0 3 7 7 3 7 Stream Class: B-_Trout Subbasi 2-D�-o� Nantahala Village WWTP Latitude:3 Vl6" Longitude: 83033'32"` Receiving Stream: UT Nantahala River 0 %r g Facility ,s�� a �., Location 1«��i��, North SCALE 1:214000 Permit NCO037737 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: =P,�.y►cRAMETER� � LIMITS � MONITOt:RING��EQUIREEwNTS ,� � r � � � 1 n 1 Monthlyzf fi '3,�„ �' z t'S a Daily t +: 3 ^ MeaSurQ�ment= Sample Tkypeh Sample Location _ > z, �L fverage' ._ s ,« .a.,..» w. Flow 0.0078 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent NH3 as N 5.5 mg/L 27.5 mg/L 2/Month Grab Effluent (April 1 — October 31 NH3 as N 11.0 mg/L 35.0 mg/L 2/Month Grab Effluent November 1— March 31 Fecal Coliform (geometric mean) 200 / 100 ml 400 / 100 ml 2/Month Grab Effluent Total Residual Chlorine 28 Ng/L 2/Week Grab Effluent Temperature (°C) Daily Grab Effluent Temperature (°C) Weekly Grab Upstream & Downstream pH > 6.0 and < 9.0 standard units 2/Month Grab Effluent Footnotes: 1. Upstream = at least 50 feet upstream from the outfall. Downstream = at least 100 feet downstream from the outfall. There sha» be no discharge of floatng SolldS or visible Foam m other than trace amounts. NPDES Permit Standard Conditions Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten.calendar days between sampling events. 3 Week Samples are -collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. B ass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day - . The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Quarter One of the 'following distinct periods: January through March, April through June, July through .September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of 'aliquots necessary, the time interval between grab samples, etc) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, •continuous sample collected over a 24-hour period proportional to the rate of flow (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) 'Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. This method may only be used in situations where effluent flow rates vaty less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutesapart during any 24-hour period and must be of equal size and of no less .than 100 milliliters. Use of this method requires prior approval by the Director. Version 8/1/2006 NPDES Permit Standard Conditions Page 2 of 16 In accordance with (4) above, influent grab samples shall not be collected more than once per hour. Effluent grab samples shall not be collected more .than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed six hours nor the number of samples less than four during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period (40 CFR 122.2) Daily Maximum The highest "daily discharge" for conventional and other non -toxicant parameters. NOTE: Permittees may not submit a "daily average" calculation [for determining compliance with permit limits] for toxicants. See the relevant Federal effluent guidelines] for the appropriate calculation interval. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitatiotis and Monitoring, Page(s). DWO or "the Division" ` The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. fagft Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection leve]]'). shall be considered = L Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Version 8112006 NPDES Permit Standard Conditions Page 3 of 16 Monthly Average (concentration limitl The arithmetic mean of all "daily, discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Up -set An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error; improperly designed treatment facilities, inadequate treatment' facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limi) The arithmetic mean of all "daily discharges" of a pollutant measured during.the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions L Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 3O7(a) of the Glean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 4O2(b)(8) of the.Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306,'307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any* requirement imposed in a pretreatment program approved under section 4O2(a)(3) or 4O2(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or. imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)] Version 8/1/2006 NPDES Permit Standard Conditions Page 4 of 16 d. Any person who knox ngty violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6-years, or both. [40 CFR 122.41 (a) (2)] - e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger.of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both.. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed ,against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a. permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 319 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permiftee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part H. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part H. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance.may be temporarily suspended 4. Coil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, -or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended , 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infriagement of Federal, State or local laws or regulations [40 CFR 122.41 (]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability Version 8(112006 NPDES Permit Standard Conditions Page 5 of 16 The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In' order to receive automatic authorization to discharge beyond the expiration date, the. Permittee shall submit such information, forms, and fees as are required, by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to "expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33USC 1251 et. seq. 11. Sj at= Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (i) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b), the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure1ong term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate. procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing, Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if. 1. The authorization is made in writing by a person described above; 2 The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority'[40 CFR 122.22] Version 8/1/2006 NPDES Permit Standard Conditions Page 6 of 16 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CPR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: 11 cer*, 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 property gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage 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." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (Q. 13. Permit Modification. Revocation and Reissuance or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et A 14. Annual Administering and 'Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty. days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2) may cause this Division to initiate action to revoke the permit Section C. Operation and. Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatmentsystemoperator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification. assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system., Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORCof each Class I facility must: ➢ Visit the facility at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204.- 1he ORC of each Class II, III and IV facility must: ➢ Visit the facility at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system Version 81112006 NPDES Permit Standard Conditions Page'7 of 16 b. Within 120 calendar days of. ➢ Receiving notification of a change in the classification of the system, requiring the designation of a new ORC and back-up ORC A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Peninittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [46 CFR 12-2.41 (C)1- 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m) (3)] (1) Anticipated bypass. If the Pemzittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part H. E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; -(B) There were no feasible alternatives: to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met No determination made during administrative review of claims that Version 8112006 MPDES Permit Standard Conditions Page 8 of 16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that. (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) of this permit. (4) The Permittee complied with any remedial measures required under Part H. B. 2. of this permit. c. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed. in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-2151 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION. Central Files 1617 Marl Service Center . Raleigh, North Carolina 27699-1617 Version 8/1l1006 NPDES Permit. Standard Conditions Page 9 of 16 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of onceper year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flowmonitored"by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et seq), the Water and Air Quality Reporting Acts, and to regulations published pursuant to $ecdon 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum ,detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting_ level) approved method must be used. 5. Penalties for Tarnperinn The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this'permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CPR 122.41]. 6. Records. Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including. ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of Jampling or measurements; b. The individual(s) who performed the sampling or measurements;. c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; Version WV2006 NPDES Permit Standard Conditions Page 10`of 16 e. The analytical techniques or methods used; and f. The results of such analyses. 8.. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this pit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; ,and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 01]. Section E Reporting Requirements. L Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41 (i)]. Notice is required only when: a. The alteration or .addition to a permitted facility may meet ,one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (1). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Antidpated Noncomvliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR-122.41 0) (2)]. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 M,(3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part H. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. Veidan 81112006 NPDES Permit Standard Conditions Page 11 of 16 6. Twenty-four Hour Reporting a. 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 Pexmittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41,(1) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]- 8. Other. Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.410) (8)]. 9. Noncompliance Notification, The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 'hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following. a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents, of a sludge digester, the known passage. of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer, line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports J Except for data determined to be confidential. under NCGS 143-215.3 (a)(2) or Section. 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of ctiminal penalties as provided for in NCGS 143-2151 (b)(2)"or in Section 309 of the. Federal Act 11. Penalties for Falsification of ReRorts The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of Version 811/20M NPDES Permit Standard Conditions . Page 12 of 16 not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual. report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which. the facility was compliant with applicable Federal or State laws, regulations and rules per*a;n;ng to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the. following "notification levels"; m One hundred micrograms per liter (!00 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and .for 2-methy14.6-dinitrophenol; and one -milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has : occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; 0) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter 0 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all -wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall.submit a reportin such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit The Division may require specific measures during deactivation of the system to prevent Vembn 81112006 NPDES Permit Standard Conditions Page 13 of 16 adverse impacts to waters of ,the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Publicly Owned Treatment Works (POTWs) All POTWs must provide adequate notice to the Director of the following. 1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit 3. For purposes of this paragraph, adequate notice shallinclude information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B.-Municipal Control of Pollutanis from Industrial Users Effluent limitations are listed in Part I of this permit ' Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for ,any or. all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment system: a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges;' C. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d. Any pollutant, including oxygen demanding, pollutants (BOD, etc.) released in a Discharge at a flow -rate and/or pollutant concentration which will cause Interference with the POTW; e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits;. f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, ,or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants, except at discharge points designated by the POTW. 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the 'VeWon 8h/2006 NPDES Permit Standard Conditions Page 14 of 16 Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify, an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements: 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste Survey WS The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every five years. 3. Monitoring Plan The Pennittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). 4. Headworks Analy is WA) and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (ie., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. 5. Industrial User Pretreatment Permits aM & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Pemrittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies -to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which surnmari es the results of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. Version 8/1/2006 NPDES Permit. Standard Conditions. Page 15 of 16 6. Authorization to Construct (Agg The Permittee shall ensure that an, Authorization. to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to. the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. 7. POTW Inspection & Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and b. Sample all 'Significant Industrial Users (SIUs) at- least twice per calendar year for all permit - limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year, 8, SITJ Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industty's pretreatment permit, or in 15A NCAC 2Fi .0908. 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement. Response Plan (ERP) approved by the Division. 10. Pretreatment Annual. Reports(PAR) The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment. Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment Unit 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following. a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); b.) Pretreatment Program Summary MPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report ,SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Fortes ODSE)• Version 8(1)2006 NPDES Permit Standard Conditions ' Page 16 of 16 Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.)- Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non -Compliance (SNC) as defined in the Permitte&s Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period This list shall be published within four months of the applicable twelve. -month period 12 Record Keeping The Permittee shall retain for a mirtimi m of three years records of monitoring activities and results, along with support information including general records; water quality records, and records of industrial impact on the POTW. 13. Funding and Financial Report The Permittee shall maiatnia adequate funding and staffing levels to accomplish: the objectives of its approved pretreatment program. 14. _Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to locallimits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907. Version 871/2006 SEWER SYSTEM- IMPROVEMENTS Nantahala Villa..9e SWAIN COUNTY, 'NORTH CAROLINA iMcG,*Ill 11 ASSOCIAVES ENGINEERING • PLANNING • FINANCE SCHEDULE OF DRAWINGS 1.... COVER SHEET - PROJECT LOCATION MAP 2.... EXISTING SITE PLAN 3.... PROPOSED SITE PLAN 4.... HYDRAULIC PROFILE S MISC. DETAILS 5. SAND FILTER P@PING PLAN 6.... RECIRCULATION TANK 7.... EFFLUENT OUTFALL PROFILE 8.... ELECTRICAL SITE PLAN �m <Bu S m sm N IIT . m m DA N0.:.99z420, DA]E: FEBRDARY, 1995 SOALE: A9 NO1D EXSITING SITE PLAN 9szzz—z SEWER SYSTEM IMPROVEMENTS Nantahala .. age 58 BRAR M�$NC CA.q""., 'O [ ,' q'; PH 00J25265]5 McGill : �., ,,. --I A S S O C I A T E S EN GINEERING•PLANNING•FINANCE SWAIN COUNTY, NORTH CAROLINA RELOCATE EXISTING DOSING LATERALS AS NECESSARY TO INSTALL PROPOSED SPRAY NOZZLES (NOTE EXISTING LATERALS WILL CONTINUE TO BE USED FOR INITIAL DOSE EXISTING MANIFOLD r ll � EXIST. 2.300 GALLON DOSING TANK 1 I . � I \ I I PROPOSED 2 - 4' GATE BO% (SEE DET \ I i4X4'X4' PROPOSED 1 i \ 4'X4'X4' TEE PRE \ 2' DRAM LINES 2' CHECK VALVE \ PROPOSED I \ (2)-2- SOLENOID VAL NORMALLY CLOSED W/ BOX (SEE DETAIL) \ � PROPOSED r DRAIN LINES Y CHECK VALVE \ NE�JfPROPOSED/4'PVC AVITY -T�s PROPOSm ' INFLUFM TO E%IS4. INEW T LDIE /� \ \ 2' DISCHARGE LINE / \ EISTING I / / CHHHHLORINE CONT(ICT TANKS \4' PVC GRAVITY LINE T() RECIRCULATION TANK PROP056I \ \ li i -2' 014 VALVE . RECIRCULATION TTNTIK ii �$` E NORMALLY CL\OSEE)1 PROF EXISTING %� \ \ 2' S \ / I W/ 80% (SEE DETA\L) INFLUENT LINE / / / = - - - I \ t2' /'c \ / Ic % I \ \ \ \ NOM PROP \ W/ E Y DI ARVE LINE / dROP05FD PROPOSED / / 1+a+c/ ' / I. 4 PVC GRAVITY EFFLUENT \I 3.000 GAL SEPTIC TAN / /I I II (- - - / / / i'' N' \ (5 SHEET No. i VALVE EN DETAIL) I I PROPOSED CLASS 8 RIP RAP AROUND PIPE OUTLET APPROVED NPDES as DISCHARGE POINT _ / A g l PLAN SCALE 1'- 20' VALVES C AIL) TEE PROPOSED TURBINE METER AND BOX // OPOSED OVERFLOW LINE FROM CIRCULATION TANK CHECK VALVE ��zUz �W6 z •�E-w 6 z V 6 Voz W� rn � 6z W I c O U c ju ca > W F- 0) cz 0 c Z Q J CL W F- W O n. O cc a SHEET 3o,8! PROPOSED DODO CAL SEPTIC TANK E,o `c u c utwualw x %D PROPOSED ISPRAY NOZZLES PROPOSED (INSTALL IN—Il)NE ,� GAL D,CAL PALL 7D DOSING TO I I I I I I I I I I I II I(I_ ' REDDO IRC TAW EL "7.21 L� „®,AT.��,a..1—) HYDRAULIC PROFILE NOT To SCALE NOTES: 1. RECIRCULATE Z300 GALLON BATCH TROUGH NICROSPRAY NO= (4 CYCLES) ' 2 SPRAY EACH OF THE 3 BEDS SEPARATELY. a PLAN SECTION A —A SOLENM VALVE N 5/B" REM BOX WTAL nor TO WC 'xA1FA" OR "ZxER' GST U, TOP :12 (U ` a tB' a CONCRETE PM (UNLLSS OMERWISE SPECIi1E0) _ COYPACTFD BACNFILL GALE x^1ER R, o� Q Q -ETE SUPPORT PAD 10' AND UROERMY) TI �, TYPICAL VERTICAL GATE VALVE MTALLATION n w w e • P=4 E.; 6Z U 4 O L N N z aw A PROPOSED FGo W DISCHARGE Z ELEV. 973.0 Ca O Uj cc Ca 0 z w (- i Co 0 Go Z W V J _I LL Q O� W ao U U D co ryQ M cc 0 Z 2 SHEET 4 Op 8 pill," UM PROPOSED ///7RAY NOZZLES ON IIV PVC RISERS 0. z SEE DETAIL THIS SHEET) PROPOSED EFFLUENT SPRAY PATTERN 2'-7- - mall ^2t IMN-\ 3' go- PVC BEND 2'-10* (TW.)- X� A NO . ff • DONTRa. ROOM Osm PVC UNION TP.) 3.2' PVC TEE ewe xAu 3 Y go. P I., P SEND PR �OPOSED PROPOSED r PROPOSED LINES PVC DISCHARGE LINE ar PVC HEADER (TYP.) PROPOSED 4' PVC OVERFLOW LINE PROPOSED ACT BASIN TYPICAL PIPING SECTION RECIRCULATION NOT TO sME TANK 0 co SAND FILTER BED - MGATION PIPING PLAN 0 z Co _= cz 0 Co < rj)LIJ SPREADER WE NO 1/2- OWE ANTIMIST ­M PROPOSED 1/2- .ALE THREAD BASE 1/2' PVC RISERS 1/2- - ADAPTERSPRAY NOZZLES ON (TYP. - SEE DETAIL THIS SHEET) 1/2- RISER iii _7= I E 1, P.-\ =M_ SECTION A -A -SPRAY NOZZLE DETAIL zz �ALO 'Ir - ,-0, NOT TO SCALE(L Na SHEET 5,,8 A Pm Y .. CH�V—/ s f� PVC — LINE INV. FL 99TO ATINO PLAN 9cuc: M --I- CORE MALL POR DI5tl1AM-PWNG �— ELEVAnW 9-5 OVEAiLOW um INV. FL M.5 D SEAL --X —T, ELEVATION 994.5 ELEVAnON 9-0 ELEVA- 9T 7'-Z' SECTM B-B SECTION A -A mou SF] -UM 70 SF e-LFMUM � 7.0. p- 7 'o 0 co (D 0 cts > 0 IL cr cr ca o — z C13 cc$ 0 -1� 0 as 0 0 z F- U w cc SHEET -6-OF8 ,yak\Nkll STA. 12 85+08 P !OPOaD 1r U CHLO ATION ON 1t] JOB t�!95232.0 0, EFFLUENT OUTFALL m PROFILE J R 8� EM IMPROVEMENTS eta "' la Village CQO'Y, NORTH CAROLINA MBRO�S� NC �7y�T, McGill - �? A S S 0 C I A T E S • ENGINEERING - PIANNING-FINANCE LEGEND '--'�, N1RE m mNDulc 3tr Baow cnAOE �\ WIRE IN C,, s c Ulr CP PLANT CONTROL PAND. MS 1 RECIRC POMP NO. 1 MOTW 5— MS 2 RECIRC PUMP NO, 2 YOTpi STARIDR TSP AWO /IB r JSTED. SNIIIDED PAIR INSMMENTAnw CABLE �T SARTT DISCONNECT SWlTt21 COYBINATI- 119E MACNEnC MOTOR STAflTER ' ® 230V, 2 POLE. 12WAC COIL IN NWA 1 ENCLOSURE vANEIBOARD 20/10' CIRCUIT BREAKER, AMPS/POLES 0101CATE0 (M.) ) JUNCTIO BOx S SINGLE POLE L-T SWITCH 4 DOPIEE RECD+TA S. MANUAL MO STARiFR L;J � Y 501EN010 vrd.vC DEG 2 /2 & 1 /8 NED, & 1 /8 GND. IN 11/r 120/240V. 10, 3W SERVICE SERVICE POLE 100 AMP, 2 POLE SERVICE SWITCH FUSED WITH 100A TIME DELAY FUSES �nDPcmN ELECTRICAL SITE PLAN SCALE 1'- 1D' 3-RECIRCULATION VALVES SV1,SV2,SV3 PRaW4D �RF]9N21ATI01TT FLLOC EOWME TER FIT 1 I I 8 014 & 1 #14 ONO. IN 1/27C xo. 1 :IRCIAAnw TARN VALVE SV4 ♦\ �•�1P'ti_ _ _.. pills" �zUz �W6 Qz PLC IOESCRIPTION�OF OPERATION ♦ U 0 ' Na_DIALkEnRwunw sEwENCE _ Voz Emi N U �}y a n pant u �pnba �4q mq .0 �� �z viU ma"la��eeaur� b Am eL9l� � a1 EfTTIIENT iLOM' ♦♦ ♦♦ Elllumt Op. la recorded and latdized on Op. FIR01 iAEE2E � Mly P. 1. eM1ne g anblmt temp{raWra Delow A7(desrttd I. Ive P. la nol mKg11 , (opined) td,pmrtlll Ne spray nozrfee to dram. ONer.lse, Na wlw ill remain enugd. During pp.er Ipilure, PVB sill not De meALl`ed. and Dltterarkop mreso�ln9 Yprma InDul to tNe alarm dialar. 6 � � \ @� 133 Paver fail " ♦♦ '3 flxalrculOtlon tank NIgN le el (15HH)♦, m 4 r Stare ea CES Z Co 8CTS U 3 95' . QZ _ J LLJ Fin c J Q U H U W W SHEET 80F8 PLC 1P CN liCll NCR AL \RECIRCULaTION SE dM Z e sequence oto is when ' the dosing tank automatic siphon daschcrgee liquid to the sand filters. /resulting in a high )vel .n the redrCulatian\ tank as detected by hoot switch L,SM. Timer No. i r starts a 30 minutes SON cue and opens d filter bed No. t recireui®fiat valve SV{. At ; the the 30 rni t®c a Truer No. t SV1 and TkTw No. 2 starte a 30 ' end of minutes OON" cycle and opens s4R4 salter bed No. 2 reciriCulation valve S</2. At the end of the 30 i minute cycle .Timer No. 2 doses SV2 and- Timer. it. 3 starts o •30 minutes 7ON" cycle and 100, opens sand 'falter bead No. 3\recalculat1on valve SV3.\ The above cede is rel5eto l until the ` level in the recalculation Conk\decreases. to the octu on. point of float switch LSL At -that point the pumps stop and will,*restart until the lee increases to float t SK Effluent flow .is recorded and totalized on flow recbrderftotolizer FIR01 EMZE- PRO Tom. Only periods where the ambient ternkrature is below. 4%degrees F. valve PV8 is not energized (opened) tq permit the spray nozzles to drain. Otherwise, the valve will remain energize) and closed. \ During power failure, PVS will not be eraergizeed, and therefof;e, open. The Tollowing alarms are input to the alarm-diailfr. 1 Power fail 2 Spare \ 3 Recirculation tank high level (ISHH) \ \ 4 Spare ` \ GP.ASS � \ Water Pollution Control System Operator Designation Form WPCSOCC NCAC 15A 8G .0201 Permittee Owner/Officer Name: Chase Harper Mailing Address: 9400 US Hwy 19 West City: Bryson City State: NC Zip: 28713 Phone #: 828-488-2826 x 107 Signature: Date: Facility Name: Nantahala Village Inc. WWTP Permit #: NCO037737 NOTE: PLEASE SUBMIT A SEPARATE FORM FOR EACH TYPE OF SYSTEM Facility Type & Grade: on 8-17-2001. 6-18-09. Biological WWTP Physical/Chemical Collection System (*Note this facility was incorrectly classified as a class I Physical Chemical facility The ARO requested the TAC (Jerry Rimer) to correct this facility's classification on: Type^ Class STSF I * Surface Irrigation Land Application Operator in Responsible Charge (ORC) Print Full Name: John Michael (Mike) Awtrey Address: (h) 580 Hwy 19-A; Whittier, NC 28789-8728 Type Class N/A N/A Certificate Grade/ Type / Number: Grade I WW — Cert # 992884 Work Phone #: 828r-226-3150 Signature: /Vu_ A4 Date: �/,il I o "I certify that 1 agree to my designation as the Operator in Responsible Charge for the facility notcd. I understand and will abide by the rules and regulations pertaining to the responsibilities of the ORC as set forth in 15A NCAC 08G .0204 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." '11aek=U.. C3..e'raior'iri es"on'silile CCiiar 'e" l3r-n IC ........................................................... Print Full Name: Environmental Inc. Contract operations firm and certified lab Back-up ORC contractor: Environmental Inc. Mailing address: PO Box 954; Cullowhee, NC 28723 Location address: 5690 Old Cullowhee Road;. Cullowhee, NC 28723 Email: env!ronmentalinc@aol.com 1-800-213-4035 Env. Inc. — office - toll -free 828-293-9396 Mark Teague -office —Env. Inc. 828-293-1206 Env. Inc. - fax 828-506-9450 Mark Teague - cell Facility Name: Nantahala Village Inc. WWTP Permit #: NCO037737 Back -Up Operator in Responsible Charge (BU ORC) Print Full Narne: Charles Stedman Harper Certificate Type / Grad / tuber: Grade 11MN — Cert # 992944 Work Phone #: ( 828 )508-2648 Signature: Date:. .7 4 (S I D 1 certify that) afire my designation as a Back-up Operator in Responsible Charge for the facility noted. I understand and will abide by 1 certit� that) agr'( the rules and regulations pertaining to the responsibilities of the 13U ORC as set I'orih in 15A NCAC 08G .0205 and tailing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission.- ............................................................................................... ................................................... Additional Back-up ORC desiunations (Designation of more than one back-up operator is optional.) ................................................................................................................................ I................ Back -Up Operator in Responsible Charge (BU ORC) Print Full Name: Certificate Type / Grade / Number: Signature: Work Phone #: Date:..___._ I certify that 1 agree to my designation as a Back-up Operator in Responsible Charge for the facility noted. 1 understand and will abide ba- the rules and regulations pertaining to the responsibilities of the BIJ ORC as set forth in I5A NCAC 08G .0205 and railing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission. - Back -Up Operator in Responsible Charge (BU ORC) Print hull Name: Certificate Type / Grade / Number: Signature: Work Phone #: I ).._.__.....----..... Date: "I certify that 1 agree to my designation as a Back-up Operator in Responsible Charge for the facility noted. I understand and will abide by the rules and regulations pertaining to the responsibilities of the BU ORC as set, forth in 15A NCAC 08G .0205 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Conunission." Mail or Fax to: WPCSOCC 1618 Mail Service Center Raleigh, NC 27699-1618 Fax: 919/733-1338 o��F VJATF9QG . r - O � Beverly Eaves Perdue, Governor Dee Freeman, Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality I. Please enter the permit number for which the change is requested. NPDES Permit . (or) Certificate of Coverage -1 111 1 11 1 N I will . 11. Permit status Rdff to status change. �Pennitssize`d.Yo (company name): :-':b. Person legally responsible for permit: First MI Last r. ��. ,•.. c� L. Title J U L 1 6 2009 it GL10D l Ck t,J jPermit Holder Mailing Address b_ r� son C �%I IJC' 2�`l L_� WATER QUALITY SEC i ICN ..§ • _j u,Y ASHEVILLE REGIONAL OFFICE 5>`:; 1 ck. City State Zip p BZb) y0S 1 b 0 Phone Fax c. `-Facilityname d. Facility address: agco j�wq (�Lo 6T Address Jr 1150oci-iU City State Zip e. Facility contact person: 0 k1: AAA First -/ MI / Last Phone III. Please provide the following for the requested change (revised permit). a. Request for change is a result of �[ Change in ownership of the facility ❑ Name change of the facility or owner If other please explain: b. Permit issued to (company name): aft �LFp ermit: JUL - 9 2009 DENR -'WATER QUALITY POINT SOURCE BRANCH d. Facility name (discharge): e. Facility address: f. Facility contact person: e V ju First MI Last V.: 'CID' Title 9�oo . q w `I la LI) Permit Holder Mailing Address or City Mate Zip we Lim -ZSz,6 Phone E-mail Address gLIDU � (4 0c.e7 Address �FJso� C� U tb-7Ls City State Zip First MI Last (978 )VOK Z(oYrr CWSe P NEI11 -aLa1Gcr1y r-1 COM Phone E-mail Address Revised 1l2009 PERMIT NAME/OWNERSHIP r'u4NGE FORM Page 2 of 2 IV. Permit contact information (if different from the person legally responsible for the permit) . Permit contact: . First MI Last Title Mailing Address City State Zip Phone E-mail Address Will the permitted facility continue to conduct the same industrial activities conducted prior. V. to this ownership or name change? (� Yes ❑ No (please explain) VI Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: This completed application is required for both name change and/or ownership change requests. Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. ..................................................................................................................... The certifications below must be completed and signed by both the permit holder prior to the change, and . the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): I, , attest that this application for a'name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. . Signature f¢. 'Dafe APPLICANT CERTIFICATION I, ; aesthat this application for aname/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not - completed and that if all required supporting information is not included, this application package will be returned as incom e. L.I�Sighkure . ..... . ate PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Revised 1/2009 NORTH CAROLINA MACON COUNTY THIS,BILL OF SALE, Made this the 1 lth day of April, 2008, by William P. Eilf, Jr. and wife Samantha D. Eilf, parties of the first part, to Nantahala Mountain Village, Inc., party of the second part; KNOW ALL MEN BY THESE PRESENTS that William P. Eilf, Jr. and wife Samantha R. Eilf, for and in -consideration of the sum of One Dollar, receipt of which is hereby acknowledged,. have granted, bargained and sold, and do hereby grant, bargain, and sell to party of the second part, the following described property, the same being located in Bryson City, Swain County, North Carolina, and being described on the Exhibit attached hereto. Executed this the day of /a%12-1 2008. • (SEAL) illiam f, (SEAL) Samantha D. Eilf SUBSCRIBED AND SWORN to before me, this the /l day of /9y2''2008. Notary Public, •. My Commission Expires: G - -'2'4 aae� \�5t=• v. emu.:., - - , (N IAL SE `' r PUB1-�G NCDENR North Carolina. Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director March 30, 2009 CERTIFIED MAIL 7003 0500 0002 6819 4290 RETURN RECEIPT REQUESTED Nantahala Village William Eilf 9400 Highway 19 W Bryson City, N.C. 28713 SUBJECT: NPDES Permit Annual Fee . NPDES Permit NCO037737 Swain County Dee Freeman Secretary Dear Mr. Eilf- All permittees operating under a NPDES Permit must pay an Annual Administration Fee. For calendar year 2008, it appears that your annual fee amount due is $860.00 is past due. Please submit payment as indicated below within thirty days receipt of this notice. Failure to remit payment will require this matter be referred for collection. Please make checks payable to NC DENR; please include your NPDES permit number on the check. Send the annual fee payment to: Fran McPherson Annual Administering and Compliance Fee Coordinator 1617 Mail Service Center Raleigh, NC 27699-1617 If you have evidence that this fee has already been paid, please contact Mrs. McPherson at 919/807-6321. Sincerely, _ Bob Guerra Western NPDES Program cc: Fran McPherson DWQ/SWP Central Files c14�r+liface / Roger Edwards Pe' r�file E C E D.V E APR 2 2009 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE r..... -A 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, -North Carolina 27604 One Phone: 919-807-6300 \ FAX: 919-807-64951 Customer Service:1-817-623-6748 N.ofthCarohna Internet: www.ncwaterquality.org An Equal Opportunity\ Affirmative Action Employer ` y+�l/y M North Carolina, Department of Environment and Natural. Resources ` • • Water Pollution Control System Operator Certification Commission N hchael F. Easley, Governor . William G. Ross Jr.; Secretary Coleen H. Sullins, Chairman . NCDENR CERTIFIED MAIL August 17, 2001 RETURN RECEIPT REQUESTED W. John Buron Nanthahala.' 9400 U.S, Highway 19 W. Bryson City, NC 28713 fj Tms . ihct;e�E25 iris a �c System: Nanthahala Wastewater'Treatment System l ( \ -Classification: Grade 1 Physical Chemical System �nl /U Oh CI'1el�ll/ J caSubject: Designanono O an Backup o Permit: NCO037737 Dear Mr. Buron: The Water Pollution Control System O'perators Certification Commission adopted Rule 15A NCAC 8G .0306, Classification of Physical / Chemical Systems, effective April 1, 1999. In order to insure the proper operation and maintenance of these systems, this Rule requires that all systems permitted for a physical / chemical process to treat wastewater be classified as physical / chemical systems. If the subject physical /chemical system consists of systems designed for (1) the remediation of contaminated groundwater, or (2) that utilizes a primarily physical process to treat wastewaters, (with the exception of reverse osmosis, electrodialysis, and utrafiltration systems), then that -system shall be classified as a Grade I Physical / Chemical Water Pollution Control System. Rule 15A NCAC 8G .0306(a) If the subject physical / chemical system consists of systems that utilizes a primarily chemical process to treat wastewaters (including those systems whose treatment processes are augmented physical processes), they shall be classified as a Grade U Physical / Chemical Water Pollution Control System. Reverse osmosis, electrodialysis, and utrafiltration systems shall also be classified as. Grade H Physical / Chemical Water Pollution Control System. Rule 15A NCAC 8G .0306(b) If the water pollution control system that has, as part of its treatment process, biological water pollution control system that may be classified under Rule .0302, then that system shall be ' subject to additional classification as a biological water pollution control system. Rule 15A NCAC 8G .0306(c) Any water pollution control system subject to classification under Rule .0302 of this Section, utilizing a physical / chemical process to enhance an activated sludge or fixed growth process, shall not be subject to additional classification. Rule 15A NCAC 8G .0306(d) 1618 Mail Service Center, Raleigh, North Carolina 27699-1618 Phone: 919 — 733-0026 \ FAX: 919 — 733-1338 AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10%, POST CONSUMER PAPER The Water Pollution Control System Operators Certification Commission hereby classifies your system as a Grade 1 Physical Chemical System. This classification is based on information submitted in your application for a NPDES permit and/or based on the information you provided in the physical chemical classification survey that you completed during the months of April -May 2001. As required by Rule 15A NCAC 8G .0202(2) and the subject permit, a certified Operator in Responsible Charge (ORC) and back-up operator of the appropriate type must be designated for each classified system. Your system requires an ORC and back-up operator who hold valid physical / chemical operator certificates. Please complete and return the enclosed designation form to this office by December 31, 2003. Failure to designate a properly certified ORC and back-up operator is a violation of the permit issued for this system. In accordance with Rule 15A NCAC 8G .0406(b), individuals presently working at physical / chemical water pollution control systems holding a valid Grade I, 11, III, or IV wastewater treatment plant operator certification, may apply for a conditional' operators physical / chemical certificate without examination. He or she may do so if, he or she has one year experience and has successfully completed a training school sponsored or co -sponsored by the Commission for Grade I or Grade 2 Physical / Chemical Water Pollution Control System Operators. This conditional certification allows the bearer to act as the ORC or Backup ORC of that System only. This conditional certification must be renewed annually per section .0700 of the rules. The Rules for this certification as well as others is found on the DWQ/Technical Assistance and Certification Unit web page (http://h20.enr.state.nc.us/tacu/). Plans are now being made to conduct the first physical chemical school in January 15-18, 2002 at the McKimmon Center in Raleigh. This school is co -sponsored by AWWA/WEA and the NC Water Pollution Control System Operators Certification Commission. As soonras arrangements for the school are finalized you will receive more information. If we can be of assistance or you have any questions concerning this requirement, please call James Pugh at 919-733-0026, ext. 341 or e-mail: James.Pugh@ncmail.net. Sincerely, Tony Arnold, Supervisor Technical Assistance and Certification Unit Enclosures cc: WSRO Central Files TAC Facility Files bivisio t�JGiar Fies urces PAT MCCRORY Governor 4R0 Water Resources ENVIRONMENTAL QUALITY "'--- OCT 3 1 2017 Water OLM11"tj Regional Operations As cv't' .L f?^ .�' Of*ice DONALD R. VAN DER VA.ART Seeretao S. JAY ZIMMERMAN Director October 20, 2017, Certified Mail Item 7015 0640 0007 9833 5806 - Return Receipt Requested Ms. Kate Parkerson Roumelco Properties, LLC dba Nantahala Village 9400 U.S. Hwy 19 W Bryson City, NC 28713 NOTICE OF VIOLATION (NOV) ASSESSMENT OF CIVIL PENALTIES Case LR-2017-0014 NPDES Permit .NC0037.7_.37 Nantahala Village WWFP Swain County Subject: Dear Ms. Parkerson: The Division hereby issues this Notice of Violation (NOV.) and Assessment of Civil Penalties for failure to submit monthly Discharge Monitoring Reports (DMRs). Penalties amount to $500.00 _plus enforcement costs of $33.39, totaling $533.39. Per 15A NCAC 2B.506.(a), and as specified in your permit (Part II, Condition D (2)), DMRs are due no later than the last day of the month following the month of reporting: As of this date, two DMRs from 2017 have not been submitted -to the Division. Penalties assessed Are- 77 IMP, Date Received ]Date Days Date Penalty Assessed' March 2017 30 April 2017 Not Received 173 $250$250 April 2017 31 May 2017 Not Received 142 Based upon your failure to respond to our previous notification [copy attached], I conclude as a matter of law that your firm violated or failed to act in accordance with the requirements of NPDES Permit NCO037737 and G.S. 143-215.65. A civil penalty of not more than $254000.00 per violation may be assessed against a person who fails to file, submit, or make available any documents, data, or reports required by G.S. 143-215.65. The State's enforcement costs in this matter may be assessed pursuant to G.S. 143-215.3(a) (9) and G.S. 143-282.1(b) (8). 0 i 1617 Mail Service Center,. Raleigh; North Carolina 27699-1617 Phone: 919-807-6300 Unteet httpsJ/degnc.gov/about/divisionress/water-resources/water-ources-pemuts/wastewater-braneWnpdes-Hastewater-perm mits An Equal Opportunity \ ATumative Action Employer —Printed onrecycledpaper LR-2017-0014 NPDES RermitNCO037737 ASSESSMENT FACTORS In determining the dollar amount of the penalty assessed in this case [pursuant to N.C.G.S. 143- 215.6A (c)], Division staff take into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: (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 [N/A]; (2) The duration and gravity of the violation [>7 months]; (3) The effect on ground or surface water quantity or quality or on air quality [N/A]; (4) The cost of rectifying the damage [N/A]; .(5) The amount of money saved by noncompliance [none]; (6) Whether the violation was committed willfully or intentionally moth willful and intentional]; (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 (8) The cost to the State of the enforcement procedures [$33.39]. The enclosed Assessment Responses Document lists the options available to you in response to this penalty. Failure to exercise one of the options 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 the listed violations if the DMRs ar_e_not submitted.: If you have questions, please email the Expedited Permitting and Compliance Unit, attention Charles H. Weaver_[charles.weaver@ncdenr.gov]., or call his direct line (919) 807-6391. Respectfully, r .� S. Jay Zimmerman, P.G., Director cc: Central Files NPDES Program Files laeville Reiori `"fce�/ FWon4[ dsan Page 2 of 2 NC DEQ - DWR - NPDES Assessment Response Document ASSESSMENT RESPONSES Within thirty days of receipt of this notice, you must do one of the following: NOTE: Include the case number on any correspondence [payment, ;remission request or OAH-petition] you submit in response to the penalty assessment. 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). Submit payment to the attention o£ NC DEQ / DWR / NPDES 1617 Mail Service Center Raleigh, NC 27699-1617 OR 2. If you affirm that the violation occurred but want a reduction of the Penalty amount, submit a written request for remission [or mitigation Include a detailed justification for your request. Any request forpenalty remission for mitigation] is limited to consideration of the five factors listed below as they may relate to the reasonableness of the [dollar] amount of the penalty. Requesting remission is not the proper response if you wish to contest whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment. Any 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. Prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division at the address listed above. All remission requests are evaluated based upon the following factors: (1) whether one or more of the civil penalty assessment factors in G.S. 14313-282.1(b) was wrongfully applied to the detriment of the. petitioner; a resultin (2) whether the violator promptly abated continuing environmental dam -9 g from the violation; (3) whether the violation was inadvertent or a result of an accidentalties for any previous violations.; (4) whether the violator had,been assessed civil:pen or version 10/2020 Page 1 of 2 NC DEQ - DWR - NPDES Assessment Response Document (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. All evidence presented in support of your request for remission must be submitted in writing. The Director 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). The Committee cannot consider information that was not part of your original remission request submitted to the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request foi". remission.. In order to request remission, you must complete and submit the enclosed "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division also requests that you complete and submit the enclosed "Justification for Remission Request" form. Both forms should be submitted addresslisted: in item 1. OR 3. If you wish to contest any statement in the assessment document, you must file a petition for an Administrative Hearing with the Office of Administrative Hearings (OAH): You may obtain the petition form from OAH. You must file the petition with OAH within thirty (30) days of receipt of this notice. A petition is considered filed when it is received at OAH during normal office hours. OAH accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with OAH. The mailing address for OAH is: Office of Administrative Hearings. 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000 end Mail or hand -deliver a copy of the petition to Bill Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Page 2 of 2 version 10/2020 JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: % 4 County: b►�l�i Assessed Party: Amount Assessed:'S3� _ Permit No. (if applicable): 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 o 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 applies., 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 petrtroner (the assessment factors are lasted 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 e occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or somethingyou 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 cavil penalty wall prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF Swain DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Roumelco Properties, LLC dba ) Nantahala Village ) ) NPDES PERMIT NCO037737 ) CASE NUNMBER LR-2017-001.4 Having been assessed civil penalties totaling $533.39 for.violation(s) as set forth in the assessment document of the Division of Water Resources dated October 20, 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 within thirty_ (30.) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE Signature 2017. October 11 1017 G. Landon- Davidson,. PG. Regional' Supervisor Water Quality Regional Operations Section" Asheville Regional Office Division of Water Resources,; NCDEQ SUBJECT: NOV RESPONSE LETTER FOR JULY 2017 Tracking Number: 'NOV;2017-LV-0685 Permit No. NCO037737 Nantahala Village Swain County Mr. Davidson: This letter is in response to the October 23,-2017 Notice of Violation received `by'Nantahala Village WWTP'. The unexpected high ammonia result of 20.8 mg/L on July 25, 2017 prevented us from •being able to take subsequent samples to get the monthly average down. Immediatesteps were taken to correct,this problem after the sample had been run at the laboratory on July 27, 2017. We believe that a combination of things.led to the high ammonia, including the high volume of occupants at the resort at that time as well as the high temperatures.. The following steps have since lbeen,'implemented to ensure.that we stay- Within our monthly permit limitations: • The grey water tanks, •clarifier andall grease traps were pumped following the July 25 sample. • A quarterly maintenance schedule of cleaning all grease traps at the resort has been implemented, as well as periodic monitoring of ammonia levels in the grey water tanks. • The sand filter is being treated,weekly with sodium bicarbonate to aid in ammonia. removal. • The Nantahala Village staff has' removed all ammonia cleaners used in routine cle'aning•.of the resort. It is the desire of the Nantahala Village ,Staff and myself to work'together to make ensure that no more violations of this nature occur through preventive maintenance and additional monitoring. Since implementing the above strategies form ammonia control, these are the results fromsubsequent testing since the July 25 sample: • 8/8%17 NH3-N = 4.0 mg/L 8/17/17 NH3-N'= 5.9 mg/L • 9/5/17 NH3-N = 0.1 mg/L -• 9/19/17 NH3-N = < 0.1 mg/L + 10/3/17 NH3-N = <0.1.mg/L if -you have ariyquestion5_regarding this matter, ,please contact Deb Morris at Nantahala.Village at'(828) 488=9000, or Michael Ladd ,(Earth Environmental Services. )at (828) 837-9543 or myself.at (828)'644-48.35 B� s Sincerely, L Mark Christopher. Bentley, Operator of Responsible Charge Earth Environmental Services Grade 2, WW, Certificate #:.25137 Cantwell, Janet From: Mark Bentley <metalIicdragon1776@yahoo.com> Sent: Thursday, November 02, 2017 8:59 PM To: Davidson, Landon; Cantwell, Janet; deb.morris@nantahalavillage.com Subject: [External] NOV Response letter for Nantahala Village WWTP for July 2017 Attachments: NOV Response Letter NV July 2017 P1 jpg; NOV Response Letter NV July 2017 P2 jpg (CAUTION: External email Do not click links:or open attachments unless verified. Send all suspicious email as an attachment to re op„ rt�spam@nc.gov:.,. Attached is the NOV Response Letter for the October 23, 2017 NOV Tracking Number: NOV-2017-LV-0685. Please call or email me if you have any questions. Thank you. Mark Bentley ORC - Nantahala Village WWTP 1 MCDEHR North Carolina Department of Environment and Natural Division of Water Quality Pat McCrory Charles Wakild, P.E. Governor Director March 18, 2013 Ms. Kate Parkerson Nantahala Village 9400 U.S. Hwy 19W Bryson City, N.C. 28713 APR 2 6 2013 DWQ/Surface Water Protection Section ,,_„_1,�,heville Regional Office John E. Skvarla III Secretary Subject: Issuance of NPDES Permit NC0037737 Nantahala Village WWTP Class WW-1 Swain County Dear Ms. Parkerson: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on January 16, 2013. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. _ Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Charles Weaver at telephone number (919) 807-6391. Sincere , / /, / O,/z ow lr harles Wakild, P.E. cc: Central Files sheville Regional Office/Surface Water Protection t; NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 �TOne 512 North Salisbury Street, Raleigh, North Carolina 27604 1v ®hC0fi1a Phone: 919 807-6300 /FAX 919 807-6489 / http:l/porfal.ncdenr.org/web/wq Natmallff An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Permit NCO037737 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Rournelco Properties, LLC dba Nantahala Village is hereby authorized to discharge wastewater from a facility located at the Nantahala Village V/WTP U.S. Highway 19 south of Almond Swain County to receiving waters designated as an unnamed tributary to the Nantahala River in subbasin 04-04-02 of the Little Tennessee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective May 1, 2013. This permit and authorization to discharge shall expire at midnight on October 31, 2017. Signed this day March 18, 2013. /V We 6rChat es Wakild, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO037737 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Nantahala Village is hereby authorized to: 1. Continue to operate an existing 0.0078 MGD .wastewater treatment facility with the following components: ♦ Septic tanks ♦ Dosing tank ♦ Surface sandflter . ♦ Collection tank ♦ Recirculation pumps ♦ Spray nozzles Chlorine disinfection ♦ Dechlorination equipment The facility is located at the Nantahala Village WWTP off U.S. Highway 19 south of Almond in Swain County. 2. 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(1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Petmittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Petmittee as specified below. PARAMETER LIMITS MONITORING REQUIREMENTS [PCS Code] Monthly Daily Measurement Sample Type Sample Average, Maximum Frequency Location? Flow [500501 0.0078 MGD Weekly. Instantaneous Influent or Effluent 0D, 5-day (20°C) [00310]: 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Total Suspended Solids [00530 30.0 mg/L 45.0 mg/L 2/Month, Grab Effluent NH3 as N (April 1— October 31) [006101 5.5 mg/L 27.5 mg/L 2/Month Grab Effluent. NHa as N (November 1— March 31) [00610 11.0 mg/L 35.0 mg/L 2/Month Grab Effluent Fecal Coliform (geometric mean) [31616] 2001100 ml 400 / 100 ml 2/Month Grab Effluent Total Residual Chlorine (TRC)2 28 Ng/L 2/Week Grab Effluent [500601 Temperature (°C) [00010] Daily Grab Effluent Temperature (°C) Weekly Grab Upstream & [00010] Downstream p[00400] H — 6.0 and < 9.0 standard units - 21Month Grab Effluent Footnotes: 1. Upstream = at least 50 feet upstream from the outfall. Downstream = at least 100 feet downstream from the outfall. 2. The Petmittee shall report all effluent TRC values reported by a NC -certified laboratory [including field -certified]; Effluent values < 50 µg/L will be treated as zero for compliance purposes. There shall be no discharge of floating solids or visible foam in other than trace amounts. DES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions. 2/Month Samples are collected twice per month with at least ten calendar days between'sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during_ the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The.period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday.. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant-volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 1110912011 gPDES Permit Standard Conditions, Page 2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart'during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered =1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Version 1110912011 DES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 1110912011 JPDES Permit Standard Conditions - Page 4 of 18 imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part II.CA), "Upsets" (Part II.C.5) and "Power Failures" (Part H.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912011 DES Permit Standard Conditions Page 5 of 18 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 1110912011 gPDES Permit Standard Conditions. Page 6 of 18 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 certify, underpenalty 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 orpersons who manage 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. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade -for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011 DES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class H, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part ILE.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 1110912011 eDES Permit Standard Conditions • . Page 8 of 18 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part H.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part H.B.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)1: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41(j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 1110912011 _ --DES Permit Standard Conditions Page 9 of 18 NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this,permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 1110912011 gPDES Permit Standard Conditions. Page 10 of 18 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215. 1 (b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. Version 11/09/2011 —DES Permit Standard Conditions Page 11 of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Renortina a. 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. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittce shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(1)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215. 1 (b)(2) or in Section 309 of the Federal Act. Version 1110912011 JPDES Permit Standard Conditions - . Page 12 of 18 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011 —DES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the planVs treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215.1(a5) [SL-2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal. system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The. Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited 'in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011 -TPDES Permit Standard Conditions Page 14 of 18 - PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part H of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 1110912011 _ —DES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. 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. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 1110912011 WDES Permit Standard Conditions Page 16 of 18 With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)] This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II.E.5.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 11/09/2011 -7_ ES-Pernu_t'Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). '[15A NCAC' 02H .0903(b)(10), .0905, and .0906(b)(4)], 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all Significant Industrial Users, permits for operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These permits shall contain limitations;; sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable, pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from all lUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWt?. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii) NCGS 143-215.67(a)] 6. Authorization to Construct (AW). The Permittee shall ensure that an Authorization to Construct permit (AtQ is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC,, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 02H .0906(b)(7) and .0905; NCGS 143- 215.1(a)(8)] 7. POTW Inspection & Monitoring of their lUs The. Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, .independent of information supplied by Industrial Users, compliance with applicable pretreatment standards. [15A NCAC 0211A908(e); 40 CFR 403.8(f)(2)(v)] The. Permittee ;must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; b. Sample all Significant Industrial Users (SlUs) atleastonce per calendar year for all SW permit -limited parameters including flow exeeptas allowed under 15A NCAC .0908(e); and c. At least once per year, document an evaluation of any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant. 8. IU Self 'Monitorin �ag_nd Reporting The. Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved; pretreatment program, the industry's pretreatment permit,. or in 15A. NCAC 0214.0908. [15A"NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 46 CFR 122.440)(2) and 40 CFR 403.12] 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and(c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards' as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 02H .0903(b)(7), 0906(b)(8) and .0905; 40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports (PARS The Permittee shall report to the Division in accordance with 1.5A NCAC 02H .0908. In lieu of submitting annual reports, Modified Pretreatment,Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to, discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of,a Pretreatment Annual Report (PAR.) describing its pretreatment activities over the previous calendar year to the Division at the following address: Version 1110912011 TPDESI Permit Standard Conditions. Page 18 of 18' NC DENR / Division of Water Quality / Surface Water Protection Section Pretreatment; Emergency Response,, and Collection Systems (PER CS) Unit 1:617 Mail Service Center Raleigh, North Carolina '27699-1617 These reports shall be submitted by March 1 of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken; or proposed, by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division; c. Significant Non -Compliance Resort (SNCR) A list of Industrial Users (lUs) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in a format provided by the Division d. industrial Data. Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format provided by the Division; e. Other Information Copies of the. POTW's allocation table, new or modified enforcement compliance schedules, public notice of IUs in SNC, a summary of data or other information related to significant noncompliance determinations for lUs that are not considered'SIUs, and any other information, upon request,, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; I t . Public Notice The Permittee shall publish annually a list of Industrial Users (IUs) that were in significant noncompliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the. applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results; along with support information including general records, water quality records and records of'industrial impact on the PP g g q t3' POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(o. [1:5A NCAC 02H .0908(f); 40 CFR 403.12(o)] 13. ,Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H .0906(b)(9) and (10.) and .0905 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits, modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modificationn, and shall be governed by 40 CFR 403.18,15 NCAC 02H .0114 and 15A NCAC 02H 0907. 'Version 1110912014 Cantwell, Janet From: Weaver, Charles Sent: Wednesday, January 10, 2018 8:55 AM To: chase@nantahalariver.com; kate.parkerson@nantahalavillage.com Cc: ceaderwynn@yahoo.com; Phillips, Sarah E; Heim, Tim; Davidson, Landon; Cantwell, Janet Subject: NPDES permit NC0037737 has EXPIRED Attachments: Form D.doc; checklist.doc Importance: High This is to notify the owner[s] of the Nantahala Village WWTP that the subject permit expired on 10/31/2017. Any discharge from your facility is illegal until the subject permit is renewed. Repeated attempts from our office to obtain a renewal request from your facility have yielded no response. If you wish to continue discharging wastewater, the permit must be renewed. If you do not request renewal by January 20th, the Division will notify the Swain County Health Department that your facility has no legal means of wastewater disposal. Any enforcement actions taken by the Division until this matter is resolved will note the expired permit in the penalty justification. Discharging wastewater without a valid permit is subject to enforcement action, including penalties of up to $25,000 per day. If your facility has ceased discharging and no longer needs the permit, simply reply to this message. Otherwise, complete and submit the attached application form [and required attachments] no later than 1/20/2018. Charles H. Weaver Environmental Specialist N.C. Division of Water Resources N.C. Department of Environmental Quality 919-807-6391 charles.weaver(cD ncden r.gov (mailing address) 1617 Mail Service Center, Raleigh, NC 27699-1617 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ArDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD Mail the complete application to: N. C. DENR / Division of Water Resources / NPDES Program 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit INCOO If you are completing this form in computer use the TAB key or the up - down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type. 1. Contact, Information: Owner Name Facility Name Mailing Address City State / Zip Code Telephone Number ( ) Fax Number ( ) e-mail Address 2. Location of facility producing discharge: Check here if same address as above ❑ Street Address or State Road City State / Zip Code County 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Mailing Address City State / Zip Code Telephone Number ( ) Fax Number ( ) e-mail Address 1 of 3 Form-D 9/2013 NPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: Facility Generating Wastewater(check all that apply): Industrial ❑ Number of Employees Commercial ❑ Number of Employees Residential ❑ Number of Homes School ❑ Number of Students/Staff Other ❑ Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): Number of persons served: 5. Type of collection system ❑ Separate (sanitary sewer only) 6. Outfall Information: ❑ Combined (storm sewer and sanitary sewer) Number of separate discharge points Outfall Identification number(s) Is the outfall equipped with a diffuser? ❑ Yes ❑ No 7. Name of receiving stream(s) (NEW applicants: Provide a map showing the exact location of each outfall): 8. Frequency of Discharge: ❑ Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: Duration: _ 9. Describe the treatment system List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. 2 of 3 Form-D 912013 NPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow MGD Annual Average daily flow MGD (for the previous 3 years) Maximum daily flow MGD (for the previous 3 years) 11. Is this facility located on Indian country? ❑ Yes ❑ No 12. Effluent Data NEW APPLICANTS: Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. RENEWAL APPLICANTS: Provide the highest single reading (Daily Maximum) and Monthly Average over the past 36 months for parameters currently in your permit. Mark other parameters "N/A". Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BODs) Fecal Coliform Total Suspended Solids Temperature (Summer) Temperature (Winter) pH 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) UIC (SDWA) NPDES PSD (CAA) Non -attainment program (CAA) 14. APPLICANT CERTIFICATION NESHAPS (CAA) Ocean Dumping (MPRSA) Dredge or fill (Section 404 or CWA) Other Permit Number I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed name of Person Signing Title Signature of Applicant Date North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 3 of 3 Form-D 9/2013 NC DEQ / DWR / NPDES Renewal Application Checklist The following items are REQUIRED for all renewal packages: o A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed original. o The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original. o If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to the Authorized Representative (see Part II.B.1 Lb of the existing NPDES permit). o A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original. The following items must be submitted by any Municipal or Industrial facilities discharging :process wastewater: o Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of Federal Regulations, Part 122) and ALL Municipal facilities with a permitted flow >_ 1.0 MGD must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. The above requirement does NOT apply to non industrial fad Edes. Send the completed renewal package to: Wren Thedford NC DENR / DWR / NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 DocuSign Envelope ID: 1517D818-8E8F-4AOD I ,79F080D2A8E6 DIVISIONOF WATER RESOURCES - CIVIL PENALTY -ASSESSMENT Violator: Roumelco Properties DBA Nantahala Village Facility Name: Nantahala Village WWTP Permit Number,. NCO037737 County: Swain Case Number: LV-2017-0320 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; One Monthly Averaye Ammonia Nitrogen exceeded the permit limit by 43.63%. 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 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 At the time of violation (DMR period Dec 2016) there were no civil penalties in the prior 12 months. 8) The cost to the State of the enforcement procedures. $122.39 11/21/2017 Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ROY COOPER Govenror WCHAEL S. REGAN. Secretary Water Resources S. JAY ZIlVIlVIERMAN ENVIRONMENTAL QUALITY Director August 29, 2017 CERTIFIED MAIL ITEM 7015 0640 0007 9833 5745 - RETURN RECEIPT REQUESTED Ms. Kate Parkerson Nantahala Village 9400 U.S. Hwy 19W Bryson City, NC 27813 Subject: Notice of Violation Failure to Submit Discharge Monitoring Reports (DMRs) Nantahala Village WWTP NPDES Permit NCO037737 Swain County Dear Ms. Parkerson: Per the terms of your NPDES permit, you are required to submit DMRs each month, with the due date for each DAM being the last day of the following month. To date, the Division has not received the following DMRs for your facility: • March 2017 — due no later than April 301 • April 2017 —due no later than May 31 st Failure to submit DMRs is a violation of your permit, subjecting you to a possible assessment of civil penalties. To reduce the likelihood of additional enforcement action, you must submit the missing DMRs no later than September 11, 2017. Should you have further questions regarding this matter, you should contact Charles H. Weaver at 919-807- 6391 or via email [charles.weaver@ncdenr.gov]. Thank you for your cooperation in resolving this issue. Sincer ly, S. Jay Zimmerman, P. . Director, Division of Water Resources- R.y-g—ems cc: NPDES File Water R Resources Central Files dahe'"%nl c egio' nai[Glfice'�1,_ anettCa _eef SEP 5 201� Water Quality Regional Operations Asheviiie Re9ionai Cffi—�� State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina27699-1617 919-707-9000 0 ROY COOPER Governor NUCHAEL S. REGAN Secretary WaterResources S. JAY ZO&VIERMAN ENVIRONMENTAL QUALITY Director August 14, 2017 CERTIFIED MAIL ITEM 7015 0640 0007 9833 5738 - RETURN RECEIPT REQUESTED Ms. Kate Parkerson Frog Level Industries, Inc. P.O. BOX 208 Lewisville, NC 27023-0208 Subject: Notice of Violation Failure to Submit Discharge Monitoring Reports (DMRs) Nantahala Village WWTP NPDES Permit NCO037737 Swain County Dear Ms. Parkerson: Per the terms of your NPDES permit, you are required to submit DMRs each month, with the due date for each DMR being the last day of the following month. To date, the Division has not received the following DMRs for your facility: • March 2017 —due no later than April 3011 • April 2017 —due no later than May 311 Failure to submit DMRs is a violation of your permit, subjecting you to a possible assessment of civil penalties. To reduce the likelihood of additional enforcement action, you must submit the missing DMRs no later than August 28, 2017. Should you have further questions regarding this matter, you should contact Charles H. Weaver at 919-807- 6391 or via email [charles.weaver@ncdenr.gov]. Thank you for your cooperation in resolving this issue. rincely, S. Jay Zimmerman, P.G. Director, Division of Water Resources cc: N_PDES File Central Files sheville Re na Itr3fftUp l Janet Cantwell RECEIVED Division of Water Resources AUG 2 1 2017 Water Clupiihy Regional Operations State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-707-9000 May 3017 05:06p EARTH ENVIRONMENTAL SERVI 828-645-3706 p.1 Water PolluQo n Control System Operator Detnation Form Y P WPCSOCC NCAC 15Al8G .0201 ,, Permittee Owner/Officer Name: � -,641* GV2J� N U1 6 2 16e,6 M-G'rr, � Mailing Address: _ �� Cps City: 1` , -GA l k _ State: - Zip: S - Phone #: Dg Email addr Signature: v ...n..e....a..................................0..............................................r..r.........................0 .................. Facility.Naene: N, hl- j�' c ' 0 t il,, --.a— Permit C) 0 '� 7-7 County: -<� C'.) -.tA K\ -........., ..... ........................ SUBWT A SEPARATE FORM FOR EACH TYPE SYSTEM! Facility Type/Grade (CHECK ONLY ONE): B�Iogic�al-Collection Physical/Chemical Surface irrigation Land Application Operator in Responsible Charge (ORC) Print Full Name: f Certificate Type / Grade I Number: Lu' U) Work Phone #: Signature: , / / .Date: "I certify that I agree to my designation as the Operator in Resp Bible Charge for the facility noted- .T understand and will abide by the rules and regulations'pertaining to the responsibilities of the ORC as set forth in 15A NCAC 08G .0204 and failing to do so can result in Disciplinary Actions the Water Pollution Control System Operators " .Certification Commission. y............................... Back -Up Operator in Responsible 1 Charge (BU ORC) �C✓ Print Full Name: Mt'lc l � �-'`-i ,�,C�.&Email: C',2g' LL-Y A0 (2-LY, U ` Ctvt l Certificate Type / Grade i Num er: (t3 iti t U % l Work Phone 9: 543 Signature: ��� Date: " I certify that 1 agree to my designation as a Back-up Operator in Responsible Charge for the facility noted. 1, understand and will abide by the rules and regulations pertaining to the responsibilities of the BU ORC as sot forth in 15A NCAC 08G .0205 and failing to do so can result in DisciplinaryActions by the Water PoEution Control System Operators Certification Commission. " ............................................................................................. ................................................. Mail, fax or einall the WPCSOCC, 1618 Mail Service Center, Raleigh, NC 27699-1618 Fax: 919.715.2726 orirmal to: Email,• certadmitt nedenr. ov Afall or fait a copy to the Asheville appropriate Regional Office: 2090 US Huey 70 Swannanoa 28778 Fax: 828.299.7043 . Phone: 828,296.4500 Washington 943 Washington Sy Mail Fayetteville 225 Green St Suite 714 Fayetteville 28301-5043 Fax- 9.10.496.0707 :'hone: 910.433.33P.0 Wilmington 127 Cardinal Dr :; ��on Mooresville 610 E Center Ave Suite 30I Mooresville'28115 Fax: 704.663.6040 ', Phone: 71.1-1.663,1691" ivinston-�aiem 450 W. Hanes NAaii Fed Raleigh 3800 Barrett .Dr Raleigh 27609 Fax: 919.571.4718 Phene:919.791A200 Revised 05-205 May 30 17 05:06p EARTH ENVIROWNTAL SERVI 82�)-45-3706 p.2 W,PCSOCC Operator Designation Form, coht. Facility Name: y) i 4-.`-� Permit #: GAG 1 � J� —7 Back -Up Operator in Responsible Charge (BU ORC) Print Fu11 Name:f�� 5f �O K;' // jGti1ex�( t.-&Ac - Emai1: Ce 3 eV, L,: e el-'L 00 • CC c�I Certificate Type / Grade / Number: ( LU) Work Phone 8.97 Signature: f Y��[.�//�"�• l•/ 1�! - f' X .� Date: Sly "i certify that I agree to my designation as a Back-up Operator in Responsible Charge for the facility noted. I understand and will abide by the rules and regulations pertaining to the responsibilities of the BU ORC asset forth in 15A NCAC OSG .0205 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operator Certification Commission " .......................................................................................................................................... Back -Up Operator in Responsible Charge (BU ORC) Print Full Name: Email: Certificate Type [Grade / Number: Work Phone 4: Signature: Date: "i certify that l agree to my designation as a Back-up Operator in Responsible Charge for the facility noted I understand and will abide by the rules and regulations pertaining to the responsibilities of the BU ORC as set forth in 15A NCAC 08G .0205 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." ............................................................................................................................... 0........... Back -Up Operator in Responsible Charge (BU ORC) Print Full Name: Certificate Type / Grade ! Number: Signature: Email: Work Phone #: Date: "I certify that i agree to my designation as a Back-up Operator in Responsible Charge for the facility noted. I understand and will abide by the rules and regulations pertaining to the responsibilities of the BU ORC as set forth in 15A NCAC 08G .0205 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." Back -Up Operator in Responsible Charge (BU ORC) Print Full Name: Email: Certificate Type / Grade / Number: Signature: Work Phone ##: Date: "I certify that I agree to my designation as a Back-up Operator in Responsible Charge for the facility noted. l understand and will abide by the rules and regulations pertaining to the responsibilities of the BU ORC as set forth in 1 SA NCAC 08G .0205 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." Revised 05-2015 North Carolina Department of Environmental Quality "- Pat McCrory Governor September 21, 2015 Ms. Kate Parkerson, General Manager Nantahala Village Inc. 9400 Hwy 19 West Bryson City, NC 28713 SUBJECT: Compliance Evaluation Inspection Nantahala Village Inc. WWTP Permit No: NCO037737 Swain County Dear Ms. Parkerson: Donald R. van der Vaart Secretary On September 16, 2015, Jeff Menzel and I conducted a Compliance Evaluation Inspection of the Nantahala Village Inc. WWTP. The facility was found to be in Compliance with permit NCO037737 at the time of the inspection. Enclosed please find a copy of the Compliance Evaluation Inspection Report. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Timothy Heim Environmental Engineer Asheville Regional Office Enc. Compliance Evaluation Inspection Report cc: MSC 1617-Central Files -Basement A hevi1 I - F*1 U G:\WR\WQ\Swain\Wastewater\Minors\Nantahala Village Resort 37737\PCI.Ltr.2015.doe Water Quality Regional Operations— Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828-296-4500 FAX: 828-299-7043 Internet: http://portal.ncdenr.orgtweb/wq An Equal Opportunity \ Affirmative Action Employer United States Environmental Protection Agency FORn Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report , Approval expires 8-31-98 Section A: National. Datai System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 u 2 LJ 3 I NCO037737 I11 12 15/09/16 17 18 L CJ. 19 1 G 201 21111111 1111111111 11-1 1111 I I IIIII 11111111111 166 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ----------Reserved-------- 67 L 70 L___I 71 L___I 72 L 7I 3 L I I74 75 L� I 1 I 80 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES oermit Number) 01:OOPM 15/09/16 13/05/01 Nantahala Village WWTP 94000SHwy 19W Exit Time/Date Permit Expiration Date p Bryson City NC 28713 02:00PM 15/09/16 17/10/31 Name(s) of Onsite Representative(s)Mtles(s)/Phone and Fax Number(s) Other Facility Data Mark Fredrick Teague/0RC/828-293-9396/ Name, Address of Responsible Officialfritle/Phone and Fax Number William Eilf,9400 Hwy 19 W Bryson City NC 28713//828-508-2648/ Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance Records/Reports 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 Jeff Menzel ARO WQ//628-296-4500/ Timofth� i, m � . ARO WQ//828-296-4665/ 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# NPDES ..... _Jay Inspection Type 31 NC0037737 I11 12 15/09/16 17 18 ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Tim Heim and Jeff Menzel of the Asheville Regional Office performed the Compliance Evaluation Inspection with sampling on September 16th, M 5. ORC Mark Teague was interviewed by phone but was no present during the inspection. Repair and reinstall the recirculation pumps and maintain vegetation free filter beds. Page# Permit: NCO037737 Owner - Facility: hala Village VWVTP Inspection Date: 09/16/2016 Inspection. Type: 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 ❑ M ❑ ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: The area around the facility appeared well maintained and housekeeping was adequate. -Permit (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: Sand Filters,(Low rate) (If pumps are used) Is an audible and visible alarm Present and operational? Is the distribution box level and watertight? Is sand filter free of ponding? Is the sand filter effluent re -circulated at a valid ratio? # Is the sand filter surface free of algae or excessive vegetation? # Is the sand filter effluent re -circulated at a valid ratio? (Approximately 3 to 1) Yes No NA NE ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ M ❑ ❑ ■ ❑ ❑ ❑ 0 ❑ ❑ ❑ Yes No NA NE ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ ❑ ■ ❑ ❑ ■ ❑ ❑ ❑ ❑ ❑ ■ ❑ Comment: Minimal vegetation was observed in the filter beds, this should be continusously removed. The sand filter recirculation pumps appeared to be out of service and were not operational. Repair and re -install the recirculation pumps. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? M ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? 0 ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? M ❑ ❑ ❑ Comment: The system was not discharging at the time of the inspection. No imDact to the receivin stream was observed. Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? 0 ❑ ❑ ❑ Are the tablets the proper size and type? ❑ ❑ ❑ Page# 3 Permit: NC0037737 Inspection Date: 09/16/2015 Disinfection -Tablet Number of tubes in use? 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: Owner -Facility: Nanta /illage VWVrP Inspection Type: Compliance Evaluation De -chlorination Type of system ? 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? Comment: Yes No NA NE 1 ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ❑ ❑ Yes No NA NE Tablet ■ ❑ ❑ ❑ ❑ ❑ M ❑ ■ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 1 Page# 4 K4JL*) NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P. E. Dee Freeman Governor Director Secretary September 5, 2012 RETURN RECEIPT REQUESTED CERTIFIED MAIL 7010 2780 0003 4825 6229 Mr. Chase Harper, Vice -President Nantahala Mountain Village, Inc. 9400 HWY 19 W Bryson, NC 28713 Subject: NOTICE OF VIOLATION — NOV - 2012 - LR - 0043 Nantahala Mountain Village, Inc. WWTP NCO037737 Swain County Dear Mr. Harper: This is to inform you that the Division of Water Quality has not received your monthly monitoring reports for June 2012 for the above referenced facility. This is in violation of Part II, Condition D (2) of the NPDES permit, as well as 15A NCAC 2B .506(a), which requires the submittal of Discharge Monitoring Reports no later than the thirtieth (30fh) day following the reporting period. Failure to submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. Please submit the requested DMR within 15 days of receipt of this notice. The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or Discharge Monitoring Reports, please contact me at 919-807-6387 or at bob. guerra(a_ncdenr.gov. Sincerely, Bob Guerra Compliance & Expedited Permits cc: ARQ, Surface-Water_Pr•-otection _Supervisor Central Files Enforcement file 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63871 FAX: 91 M07-64951 Customer Service:1-877-623-6748 Internet: http://portal.ncdenr.org/web/wq/home An Equal Opportunityl Affirmative Action Employer 2012 T --I PA- E �ur\J1L= NorthCarolina i!C��DENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen 'H. Sullins Governor . Director May 24, 2011 RETURN RECEIPT REQUESTED CERTIFIED MAIL 7007 0710 0000 5376 7389 Mr. Chase Harper, Vice President Nantahala Mountain Village Inc. 9400 Hwy 19W Bryson City, NC 28713 Dear Mr. Harper: Dee Freeman Secretary p E c E � v E JD MAY 2 7 2011 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Subject: NOTICE OF VIOLATION — NOV - 2011 - LR - 0029 Nantahala Village WWTP NCO037737 Swain County This is to inform you that the Division of Water Quality has not received your monthly monitoring report for March 2011 after the required reporting date. This is in violation of Part II, Condition D (2) of the NPDES permit, as well as 15A NCAC 213 .506(a), which requires the submittal of Discharge Monitoring Reports no later than the thirtieth (301h) day 'following the reporting period. Failure to submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. You will be considered noncompliant with the self -monitoring requirements of your NPDES permit until the report has been submitted. A copy of your existing permit is attached for your reference. Please submit the March DMR report within 15 days of receipt of this notice if you have not yet submitted it. To prevent further action, please submit future monthly reports within the above -mentioned timeframe to avoid further enforcement actions. The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or Discharge Monitoring Reports, please contact me at 919-807-6387 or at bob.guerra(cDncdenr.gov. S/incerellyy, Bob Guerra Compliance & Enforcement, Expedited Permit Section cc: ARO, Surface Water Protection Supervisor, Roger Edwards Central Files Enforcement file 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One,\ Phone: 919-807-6387 \ FAX: 919-807-6495 \ Customer Service:1-877-623-6748 Nol tilCarohaa Internet: http:l/portal.ncdenr.orglweblwq(home An Equal Opportunity\ Affirmative Action Employer ���uLNl�//y NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 5, 2011 CHASE HARPER NANTAHALA MOUNTAIN VILLAGE INC 9400 HWY 19 W BRYSON CITY NC 28713 SUBJECT: Payment Acknowledgment Civil Penalty Assessment ��l�al� i�fla Permit Number: *CIQ,-13,77,,,,-..Case Number:� ' Swain County Dear Mr. Harper: This letter is to acknowledge receipt of check number 6350 in the amount oVM®received from you dated April 26, 2011. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Bob Guerra at 919-807-6387. cc: Central Files ��'V�iC-)�:sh�ul�le�Re�ic�nal�QcefS;upeor 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64921 Customer Service:1-877-623-6748 Internet: www.ncvvaterquality.org An Equal Opportunity 1 Affirmative Action Employer I 'x i i r,,_...::.... _ Nnr OiLth�aolir�a ,...,.P Beverly Eaves Perdu Governor ._A �ii_ FILE COPY WNW North Carolina Department of Environment and Natural Resources Division of Water Quality e Coleen H. Sullins Dee Freeman Mr. Chase Harper, Vice President Nantahala Mountain Village Inc. 9400 Highway 19 W Bryson City, North Carolina 28713 Dear Mr. Harper: Director May 5, 2011 Subject: NOTICE OF VIOLATION NOV-201 1 -MV-0090 Permit No. NCO037737 Nantahala Village VVWTP Swain County A review of Nantahala Village's WWTP monitoring report for November 2010 showed the following violations: Parameter Date Measuring Frequency Violation Chlorine, Total Residual Week ending: 11/06/2010 Twice Weekly Failure to Monitor Chlorine, Total Residual Week ending: 11/13/2010 Twice Weekly Failure to Monitor Secretary It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above parameter for Total Residual Chlorine was left off inadvertently, please send an amended DMR within 10 business days of receipt ,of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Additionally, your NPDES Permit, Part II, Section D.2 Reporting, requires that the DMR be signed and dated by the Operator in Responsible Charge. Please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions,' please do not hesitate to contact Janet Cantwell at 828/296-4500. cc: I]Qil FIIe ; DWQ Central Files John Michael Awtrey/ ORC Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section S:\SWP\SwainlWastewater\Minors\Nantahala Village Resort 37737\NCV-2011-MV-0090Aoc 1,orthCarolina Natirallff North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwateraualitv.oro FAX (828)299-7043 1-877-623-6748 LFILE C Gpy NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director April 15, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7010 1870 0003 0874 6420 Mr. Chase Harper, Vice President Nantahala Mountain Village Inc. 9400 Highway 19 W. Bryson City, North Carolina 28713 Dee Freeman Secretary 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 NCO037737 Nantahala Mountain Village Inc. Nantahala Village WWTP Case No. LV-2011-0089 Swain County Dear Mr. Harper: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $317.00 ($250.00 civil penalty + $67.00 enforcement costs) against Nantahala Mountain Village Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Nantahala Mountain Village Inc. for the month of October 2010. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0037737. The violations which occurred in October 2010 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Nantahala Mountain Village Inc. violated the terms, conditions or requirements of NPDES Permit NCO037737 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 Nantahala Mountain Village Inc.: NorthCarolitia Naturally SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 Sl—. Phone: (828) 296-4500\FAX: 828 2997043\Customer Service: 1-877-623-6748 Internet: www.ncwaterauality.org I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0037737, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for NH3-N - Conc. $250.00 TOTAL CIVIL PENALTY $67.00 Enforcement Costs $317.00 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. 14313- 282.1(b), which are: (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; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (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 (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (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: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 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 factual statements 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 Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(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 the Division of Water Quality 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 Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 N. 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 of receipt of this 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 § 15013-23.2) 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: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, fler. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS #A"M ttac . e . t ..DWQ entraclime t Bob Guerra/ DWQ Enforcement Files w/ attachments John Michael Awtrey/ ORC w/ attachments S:.Sl1-['i,Swiin ��'aste�� u�r`:It•finorsU�lant<ihal.! Village ReSM 37717`.1N-2011-0089.doc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2011-0089 County: Swain Assessed Party: Nantahala Mountain Village Inc. Permit No.: NCO037737 Amount Assessed: $317.00 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 applies. 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: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF SWAIN IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS NANTAHALA VILLAGE 1 PERMIT NO. NCO037737 ) FILE NO. LV-2011-0089 Having been assessed civil penalties totaling $317.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated April 15, 2011, 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 Quality 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 ADDRESS TELEPHONE SIGNATURE 20 ATTACHMENT A Nantahala Mountain Village Inc CASE NUMBER: LV-2011-0089 PERMIT: NCO037737 FACILITY: Nantahala Village COUNTY: Swain REGION: Asheville Limit Violations MONITORING OUTFALLI VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $250.00 10-2010 001 Effluent NH3-N - Conc 10/31/10 2 X month mg/1 5.5 9 63.64 Monthly Average Exceeded L� • DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT (FILE) Violator: Nantahala Mountain Village Inc. / NCO037737 ( October 2010 DIR ) County: Swain Case Number: LV-2011-0089 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b), which are: 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; One Monthly Average Ammonia Nitrogen exceeded the permit limit by 63.64 %. 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 would include the cost of more sampling and more chemicals. 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 has been one civil penalty enforcement in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $67.00. Date R g r C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office 04/14/2011 EFFL ENT NPDES PERMIT NO. NC O037737 DISCHARGE NO. 001 . MONTH October , YEAR 2010 . FACILITY NAME Nantahala Village CLASS 1 COUNTY Swain CERTIFIED LABORATORY (1) Environmental Inc CERTIFICATION NO. 57 (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC) John Michael Awtrgy GRADE 1 CERTIFICATION NO. 992884 PERSON(S) COLLECTING SAMPLES John Michael Awtrev ORC PHONE (828) 226 - 3150 CHECK BOX IF ORC HAS CHANGED ET-1 NO FLOW / DISCHARGE FROM SITE * Ll Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES x �/, (l DIVISION OF WATER QUALITY �� (SIG TURF O OPERATOR IN RESPONSIBLE CHARGE) DATE 1617 MAIL SERVICE CENTER DEC„r t BY IS SIGNATURE, I CERTIFY THAT THIS REPORT IS D [ RALEIGH, NC 27699-1617 c l IG ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. 50050 00010 00400 50060 310.00 00610 00530 31616 00300 00600 LqqL65 e EF FLOW W q W W ENTER PARAMETER CODE ABO)TAX'M NAND UNITS a`o 3 Fn EFF ❑ INF ® �0 qa Op a qwq w dz� a a d0 z aCW7 a W �O a Fx FW oa �BELOW C ❑ wa x y WCq aU O o E W U .. & O>. F W N o a -¢v Q C4 w ❑ Uv Ld U C7 A O z a disinfection HRS HRS Y/B/N MGD ° C UNITS UG/L MG/L MG/L MG/L #/100ML MG/L MG/L MG/L 2 12:00 1 Y 0.0044 20.4 4 15:00 1 Y 0.0022 19.1 6.9 <10 6 13:00 1 1 Y 0.0044 17.8 8 12:00 1 Y 0.0011 17 .....1�1. 10 13:00 1 Y 0.0044 18 11 ��'• :�:��'"'"�•� '"'::' �::::::::::::::::::::::::::::::::::::::::::::::::: �:�:�::::::::E:::::::::::::::::::E ::::::::::::�::::::::::::::::::::;:;:;;:. 12 12:00 1 Y 0.0044 18.3 7 <10 ..1.:44.. 7.....Y.......4:04�2...........I$ ...............7:.1.........•...:�10...............:�:..:.;.:.:.:.:.:..:.:.:.:.:.:.:..:.:.:.:.:.;.:..:.:.:.:.:.:.::.:.:.:.:.:.:.::::::-:�:;:.:; .:.:.:.:.:.:.::.:.;.:.:.:.:..:.:.:::.:.:.:..:::::::::: 14 12:00 1 Y 0.0022 17.8 im 16 16:00 1 Y 0.0044 17.6' 4.:.:.::.:.:.:.:.:.:.:.:.:..:.:.:.:.:.�......................,.,...................................................•...........:.:.:::::::::::::::::.• ::-.;1�` E::::::::::::::):c"::::::::�::�::::::::: 18 15:00 1 Y 0.0022 14.1 6.9 <10 .1 19 I2aQ' :::(::::::Y:::::::0i001:1::::::::::1•�:3 :::::::::::::6:9::::::::::::'-.10;::::::::: . . 20 15:00 1 Y O ..... 14.8 :.:::::::..::::::: . r 22 14:00 1 Y 0.0044 14.7 �-•'��"'-� � "'" �� z..:17.Q0:...7.:..:.Y....:.:0,0044•........14.2.•:.:..:• :.:.:.:.:.:.:.:.::.:.:.:•:.:•:.:.:::::.:.:.:.:.:..:•:•:•:•:•:•::.:•:•:.:.:.:.::•: •r.. �::.;.;.:.;.:.;.::. ,.:.:..,::::: e.::::::::::::::::::::::::::.::::::::::::.'::::::::::: 24 10:00 1 Y 0.0022 14.2 t� 26 13:00 1 Y 0.0022 16 1 6.9 <10 ),, Y:::::::©:0022:':::::::1�:3• :.:.::.:.:.:.:.:.:.:.:.:..:.:.:.:.:.:.:.:..:.:...:.:...:..:.:.:.:.:•:.::.:.:-:-:.:.:.::.;.:.:.....,..:.:...,.; ...... �:.a.:....:.::::::::::. ;:.:::::-.,... ;:.x::'::.• ...:.:::::::::::: 28 16:00 1 Y 0.0022 15.1 N A 30 12:00 1 y 0.0044 14.9. , ` ',Fv "• 1 I3 .1. AVERAGE 0.0029 16.6 is<i;b€ 15.0 9.0 6.8 47.8 kb, U4 ..i.:.:..:' Na :.:.:.:... .............. ............... ........... MINIMUM 0.0011 13.3 6.8 ;<Q: 8 2.2 5.6 13 '", ,,0� C dGsali:�G'��� Monthly Limit 0.0078 > 6 < 9 17 30.00 5.5 30 200 Woo Fonn MR-1 (11/04) ility Status: (Please check one of the follom __.6J , All monitoring data and sampling frequencies meet permit requirements e/ (including weekly averages, if applicable) Compliant All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant 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 provide- 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 II.E.6 of the NPDES permit. "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." Chase Harper DBA Nantahala Village Inc Permittee (Please print or type) 'Signature of Perfnittee**4 Date (Required unless submitted electronically) 9400 HWY 19 W Bryson City, NC 28713 (828) 488-2826 chase nvnc.com Permitt -e Address Phone Number e-mail address Permit Expiration Date ADDITIONAL CERTIFIED LABORATORIES Certified Laboratory (2) Certified Laboratory (3) Certified Laboratory (4) Certified Laboratory (5) PARAMETER CODES Certification No. Certification No. Certification No. Certification No. Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 733-5083 or by visiting the Surface Water Protection Section's web site at h2onenr.state.nc.us/wqs and linking to the unit's information pages. 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 parameters on the DMR for the entire monitoring period. ** ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). Page 2 Permit Enforcement History Details by Owner Owner: Nantahala Mountain Village Inc Facility: Nantahala Village Permit: NCO037737 C�5& 67�1) 04/14/11 1 Region: Asheville County: Swain Penalty Remission Enf EMC EMC OAH Collection Has Assessment Penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Pmt Case Case Number MR Approved Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Balance Due Plan Closed LV-1998-0138 09/25/98 $1,875 $70.06 10/20/98 12/08/98 $.00 04/08/99 $1,000.00 $945.06 $.00 No 05/06/99 LV-1998-0174 10/16/98 $2,900 $70.00 $.00 10/20/98 12/08/98 $.00 04/08/99 $1,000.00 $1,970.00 $.00 No 05/06/99 LV-1998-0244 11/20/98 $1,625 $70.00 12/10/98 02/03/99 $.00 $1,695.00 No 11/08/00 LV-2000-0404 09/25/00 $1,250 $100.00 10/25/00 01/23/01 $1,350.00 $.00 No 01/23/01 LR-2009-0011 7-2009 09/28/09 $500 $100.00 02/03/10 $600.00 $.00 No 04/22/10 LV-2010-0025 7-2009 01/19/10 $250 $70.00 06/10/10 $320.00 No LR-2010-0001 11-2009 01/25/10 $1,000 $100.00 06/10/10 $1,100.00 No LV-2011-0089 10-2010 $250 $67.00 $317.00 No Total Cases: 8 Total Penalty Amount: $9,650 Total Enforcement Cost: $647.06 Sum of Total Paid: $3,515.06 Total Balance Due: $3,432.00 Sum of Total Case Penalties: $10,297.06 Total Penalties after remiss !on (s): $6,947.06 40 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen.H. Sullins Dee Freeman Governor Director Secretary Mr. Chase Harper, Vice President Nantahala Mountain Village Inc. 9400 Highway 19 W Bryson City, North Carolina 28713 February 15, 2011 Subject: NOTICE OF VIOLATION NOV-201 1 -LV-0066 Permit No. NCO037737 'Nantahala Village WWTP Swain County Dear Mr. Harper: A review of Nantahala Village's WWTP monitoring report for September 2010 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Nitrogen, Ammonia Total 09/30/2010 5.5 mg/I 6.05 mg/1 Monthly. (as N)-- Concentration Average Exceeded It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should'have been marked "Non -Compliant" with an explanation for the non-compliance. . Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, i yi Roger C. Edwards, Regional Supervisor Surface Water Protection Section s evl e DWQ Central Files i Mike Awtrey/ ORC S:\SWP\Swain\Wastewater\Minors\Nantahala Village Resort 37737\NOV-20.11-LV-0066.doc � 1VorthCarolina )Vatumllff North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, MC. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwateraualitv.org FAX (828)299-7043 1-877-623-6748 Cc; JY NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary August 26, 2010 Mr. Chase Harper, Vice President Nantahala Mountain Village Inc. 9400 Highway 19 W Bryson City, North Carolina 28713 Subject: NOTICE OF VIOLATION NOV-201 0-MV-01 14 Permit No. NCO037737 Nantahala Village WWTP Swain County Dear Mr. Harper: A review of Nantahala Village's-WWTP monitoring report for April 2010 showed the following violation: Parameter Date Measuring Frequency Violation Total Residual Chlorine Week ending 04/24/2010 Twice Weekly Failure to Monitor It was also noted that the Compliance box on the back of the DMR. was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR to Raleigh at the address found on the front page of your DMR. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, 7) & 1 4 e e f_,; 4—", Roger C. Edwards, Regional Supervisor Surface Water Protection Section DWQ Central Files John Michael Awtrey/ ORC S:\SWP\Swain\Wastewater\Minors\Nantahala Village Resort 37737\NOV-2010-MV-0114.doc 1�0e Carolina Naturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 47ah LF_ E C Gfii V Y NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary August 26, 2010 Mr. Chase Harper, Vice President Nantahala Mountain Village Inc. 9400 Highway 19 W Bryson City, North Carolina 28713 Subject: NOTICE OF VIOLATION NOV-2010-MV-0113 Permit No. NCO037737 Nantahala Village WWTP Swain County Dear Mr. Harper: A review of Nantahala Village's WWTP monitoring report for March 2010 showed the following violation: Parameter Date Measuring Frequency Violation Total Residual Chlorine Week ending 03/27/2010 Twice Weekly Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR to Raleigh at the address found on the front page of your DMR. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4600. Sincerely, �A Roger C. Edwards, Regional Supervisor Surface Water Protection Section GC'Di. DWOUntral Files John Michael Awtrey/ ORC S:ISWP1Swain\Wastewater\Minors\Nantahala Village Resort 377371NOV-2010-MV-0113.doc NorthCarolina Natura!!b North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterouality.org FAX (828)299-7043 1-877-623-6748 G 1LE COPY �A FA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION July 16, 2010 Mr. Chase Harper, Vice President Nantahala Village Inc. 9400 Hwy 19 West Bryson City, NC 28713 SUBJECT: Compliance Evaluation Inspection Nantahala Village Inc. WTP Permit No: NCO037737 Swain County Dear Mr.' Harper: Enclosed please find a copy of the Compliance Evaluation Inspection report from the inspection conducted on July 13, 2010. The facility was found to be in compliance with permit NC0037737. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions,' please call me at 828-296-4662. Sincerely, f Wanda P. Frazier Environmental Specialist Enclosure cc: Central Files t .: ft ieviille S:\SWP\Swain\Wastewater\Minors\Nantahala Village Resort 37737\CEI.7-13-10.doc SURFACE WATER PROTECTION —ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NorthCarolina Phone: (828) 296-45001 FAX: 828 299-7043 \ Customer Service: 1-877-623-6748 R"tllt'Rllff Internet: www.ncwaterguality.org United States Environmental Protection Agency Fonn Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report 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 I NI 2 151 31 N00037737 i 11 121 10/07/13 117 18l �l 191sl 2011j Remarks 2111111111 1111 1 1 1 1 1 1 1 1 1 1 1 _ 1 1111 1111 1111 1111 111111.16 Inspection Work Days . Facility Self -Monitoring Evaluation Rating 131 QA ---Reserved — 671 1.0 169 70L1 711 1 '721 NI 73I ' 174 751 I I I I I I 180 �— I-1—I Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 110/07/13 Nantahala Village 10:00 AM 07/11/01 Exit Time/Date Permit Expiration Date 9400 o s Hwy 19 W Bryson City NC 28713 01:30 PM 10/07/13 12/10/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data John Michael Awtrey/ORC/828-226-3150/ Name, Address of Responsible OfficiaVTitle/Phone and Fax Number Chase Harper,9400 Hwy 19-W Bryson City NC 28713//828-508-2648/ ContactedNo Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance"E Records/Reports 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 Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date 4k;�44 e- EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day . Inspection Type 3I NCO037737 11 12I 10/07/13 117 18Icl (cont.) 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: m1�11�W1� The Nantahala Village Inc. VVVVTP is a 0.0078 MGD VVVVTP with: gray water flow from multiple septic tanks; three 3000 gallon storage septic tanks; a 2300 gallon dosing tank with automatic siphon and counter (2300 gallons per dump); 4-inch pvc manifold header; three surface sandfilter beds with nine 2-inch pvc perforated dosing laterals (for initial dose) per bed (1225 sq ft ea); 4-inch pvc filter collection line; a collection pump tank (with grating and tarp cover to keep out sun, grass and tree litter); two submersible 5 HP recirculation pumps; vertical gate valve; below ground vault with metal hatch housing 3 recirculation valves (SV1, SV2, SV3), a 4-inch drain valve (SV4) and pvc pipes to the recirculation laterals and microspray nozzles on 1/2-inch dia. pvc risers (recirculates 2300 gallon batch through microspray nozzles for 4 cycles, _ spraying each of the beds separately; recirc. ratio is typically — 70-80%) with laterals sloped to manifold; tablet chlorinator; chlorine contact chamber; tablet dechlorinator; and 4-inch pvc effluent discharge line. Recirculation sequence: The sequence starts when the dosing tank automatic siphon discharges liquid to the sand filters resulting in a high level in the recirculation tank, as detected by a float switch (LSH). Timer #1 starts on a 30 minutes "on" cycle and opens sand filter bed #1 recirculation valve (SV1). At the end of the 30 minute cycle, timer #1 closes SV1 and timer #2 starts a 30 minutes "on" cycle and opens sand filter bed #2 recirculation valve (SV2). At the end of the 30 minute cycle, timer #2 closes SV2 and timer #3 starts a 30 minutes "on" cycle and opens sand filter bed #3 recirculation valve (SV3). The cycles are repeated until the level in the recirculation tank decreases to the actuation point of float switch LSL. At that point, the pumps stop and will not restart until the level increases to float LSH. (McGill Asso. 1996) Freeze Protection: Only periods where the ambient temperatures are below 40° F, valve PV8 is not energized (opened) to permit spray nozzles to drain. Otherwise, the valve will remain energized and closed. During power failure, PV8 will not be energized, and therefore, open. Collection System: Nantahala Village consists of 5 sewer connections, as well as, the following: Private homes; cottages; condos; pool; recreational hall; day spa; Granny's (winter) cottage (#34); 3 Historic cottages (#35-37) — all with conventional septic tanks & nitrification fields — not on sewer system; Lodge, Registration / Administrative Office & Restaurant — with grease trap and two septic tanks - gray water discharge to sewer system; 4 cabins (#14-17) — with 1 septic tank — gray water discharge to sewer system; 4 cottages (# 41-44) - with 1 septic tank — gray water discharge to sewer system; and 6 cabins (#48-53) - with 2 septic tanks — gray water discharge to sewer system. Page # 2 Permit: NCO037737 Inspection Date: 07/13/2010 Owner - Facility: Nantahala Village Inspection Type: Compliance Evaluation PERMIT / INSPECTION / LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 6-11-2008 by Janet Cantwell. The permit expires on 10-31-2012. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The daily operator log was present on -site and had good notation of daily field testing data, temperatures and events. OPERATIONS AND MAINTENANCE: The resort's restaurant had recently been inspected by the Swain County Health Department and triggered a review of the WWTP. The inspectors observed problems at the WWTP and contacted DWQ. Ms. Linda White, Director of the Swain County Health Department, Mr. Charles Regan and Mr. Brent Jones, Sanitarians, were onsite during part of the inspection to discuss concerns regarding the proper operation and maintenance of this system. Recent rewiring of the electrical circuit board that controls the two recirculation pumps, had taken place, as a result of those pumps having to be rewound every 1 to 1.5 years. During this repair, the recirculation flow was distributed to the sand filter beds using a manual pump, causing some ponding. Grass had overgrown areas of the sand filter beds. Observations made and photos taken during the DWQ inspection indicated that the following issues had been corrected. The rewiring of the electrical circuit board, that controls the recirculation pumps, restored proper flow distribution and operation of the microspray nozzles. The surface of the sand filter beds had been thoroughly cleared of vegetation and scum layer. The sand had been raked and releveled. The 2-inch perforated pvc initial dose laterals and low pressure recirculation laterals had been releveled, straightened and staked. The septic tanks had been pumped, as requested by the Swain County Health Department. The owner was reminded of the importance of maintaining the sand in the sand filter bed, by keeping the flows evenly distributed; keeping the sand free of vegetation, scum layer, ponding; and periodically raking/releveling the sand. Page # 3 Permit: NCO037737 Inspection Date: 07/13/2010 EFFLUENT: Owner - Facility: Nantahala Village Inspection Type: Compliance Evaluation As a result of pumping the series of septic tanks, there was no flow coming into or leaving the plant during the time of this inspection. At the inspector's request, Ms. Elizabeth Wike, of Environmental Inc. (certified laboratory, field testing and contract operations firm), pulled a grab sample from the dechlorination basin and performed the following field tests. Dissolved Oxygen = 5.8 mg/I pH = 6.8 units Temperature = 27.1 degrees Celsius Chlorine = 33 ug/I The effluent was very clear, as evidenced by seeing through to the bottom of the chlorine contact chamber. The appearance of the effluent indicated compliance with permit limits. SUMMARY: Mr. Chase Harper, Vice -President and Mr. Mike Awtrey, ORC, assisted in the inspection. Environmental Inc., contract operations firm, is the back-up ORC. The facility now appears to be operating well. Page # 4 Permit: NCO037737 Owner - Facility: Nantahala Village Inspection Date: 07/13/2010 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ n ■ n Is the facility as described in the permit? ■ Q 0 ❑ # Are there any special conditions for the permit? Cl ■ n n Is access to the plant site restricted to the general public? o ■ o n Is the inspector granted access to all areas for inspection? ■ Q n Comment: The WWTP is located off of Village Pond Road in the Village Cove Community, just off of US Hwy 19 West in Bryson City. The WWTP is set back in a field just off of this remote gravel road. There are no site restrictions. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ 0 n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge n n ■ n Judge, and other that are applicable? Comment: Septic Tank Yes No NA NE (If pumps are used) Is an audible and visual alarm operational? ❑ fl ■ Is septic tank pumped on a schedule? ■ E! 0 Are pumps or syphons operating properly? ■ n [1 ❑ Are high and low water alarms operating properly? n n ■ Q Comment: Sand Filters (Low rate) Yes No NA NE (If pumps are used) Is an audible and visible alarm Present and operational? ■ Is the distribution box level and watertight? n ❑ ■ Cl Is sand filter free of ponding? ■ n n Q Is the sand filter effluent re -circulated at a valid ratio? ■ 0 n n # Is the sand filter surface free of algae or excessive vegetation? ■ n n ❑ # Is the sand filter effluent re -circulated at a valid ratio? (Approximately 3 to 1) ■ n 0 n Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ ❑ 13 Are the tablets the proper size and type? ■ n n n Number of tubes in use? 2 Page # 5 Permit: NC0037737 Inspection Date: 07/13/2010 Owner -Facility: Nantahala Village Inspection Type: Compliance Evaluation Disinfection -Tablet Yes No NA NE Is the level of chlorine residual acceptable? ■ ❑ D Q Is the contact chamber free of growth, or sludge buildup? ■ n n n Is there chlorine residual prior to de -chlorination? ■ ❑ ❑ D Comment: no-rhinrinatinn Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? ❑ n ■ o Is storage appropriate for cylinders? nn■n # Is de -chlorination substance stored away from chlorine containers? ❑ 0 ■ Comment: Are the tablets the proper size acid type? ■ ❑ Are tablet de -chlorinators operational? ■ D 01 ❑ Number of tubes in use? 5 Comment: Page # 6 v '7—!� // 7 % J4.,�° e, C4 5�c J,, CiZ Y,:0,4 W V _2�1, e e2 Ole c n p5 1.1 e_,� S -/V eed ok C rf- Frazier, Wanda From: Frazier, Wanda Sent: Thursday, July 15, 2010 2:30 PM To: Rimmer, Jerry Cc: Edwards, Roger; 'Chase' Subject: NCO037737 Nantahala Village Inc. WWTP reclassification request Attachments: Nantahala Village specs page 1.pdf; Nantahala Village specs page 2.pdf; Nantahala Village specs page 3.pdf; Nantahala Village specs page 4.pdf; Nantahala Village specs page 5. pdf; Nantahala Village specs page 6. pdf; Nantahala Village specs page 7.pdf; Nantahala Village specs page 8.pdf;' 37737 BIMS classification mod 6-27-07.doc; 37737 a cover page 2010.doc Hi Jerry, ARO has a classification letter, dated 8-17-2001, in the facility file classifying this facility as a Class I Physical Chemical facility. On June 18, 2009, 1 sent a request to you (TAC Unit) to correct the reclassification of this facility from a Class I Physical Chemical to a Class I STSF (biological). BIMS has it listed as Class II WW (see attached). The facility was originally classified on 7-30-82 and modified on 6-27- 2007 by Laurie Singleton. There is nothing about this in the facility file . The permit has 2/mo samples and daily temperature, indicating a class I facility. I can't find anything in writing from you regarding my request or reclassification. Attached is the facility information and specs. Also, the owner sent in an ORC change form when the ORC changed and after talking to Don Price. I can't find a copy of that form either. Would you check on this and let me know what you find out. If you should have any questions, or need more info, please let me know. Thanks, Wanda 1 Wanda Frazier Email: Wanda. Frazier@ncdenr.Rov North Carolina Department of Environment and Natural Resources Asheville Regional Office Division of Water Quality Surface Water Protection Section 2090 US 70 Highway Swannanoa, NC 28778 Switchboard: 828-296-4500 x 4662 Direct line: 828-296-4662 Fax: 828-299-7043 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. 2 Frazier, Wanda From: Sent: To: Cc: Subject: Wanda Frazier Email: Wanda.Frazier@ncdenr.gov North Carolina Department of Environment and Natural Resources Asheville Regional Office Division of Water Quality Surface Water Protection Section 2090 US 70 Highway Swannanoa, NC 28778 Switchboard: 828-296-4500 x 4662 Direct line: 828-296-4662 Fax: 828-299-7043 Frazier, Wanda Tuesday, July 13, 2010 4:22 PM 'LindaW@swaincountync.gov' Edwards, Roger Nantahala Village WWTP 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. From: Frazier, Wanda Sent: Tuesday, July 13, 2010 4:08 PM To: 'LindaW@swaincountync.gov' Cc: Edwards, Roger Subject: Hi Linda, Thank you and your staff for meeting me at the Nantahala Village wastewater treatment plant today. From what I could see, the plant now appears to be operating in compliance. Thank you for contacting us regarding issues at the plant. Please feel free to contact our Division any time. I will send you a copy of the inspection report as soon as I get it written up. Thanks again, Wanda 1 Wanda Frazier Email: Wanda.Frazier@ncdenr.Rov North Carolina Department of Environment and Natural Resources Asheville Regional Office Division of Water Quality Surface Water Protection Section 2090 US 70 Highway Swannanoa, NC 28778 Switchboard: 828-296-4500 x 4662 Direct line: 828-296-4662 Fax: 828-299-7043 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. 2 Frazier, Wanda From: Edwards, Roger Sent: Monday, July 12, 2010 4.32 PM To: Frazier, Wanda Subject: FW: Nantahala Village Swain County Attachments: nantahala village 6-11-10.bmp; 6-11-10.bmp; nantahala 6-11-10.bmp Please inspect Nantahala Village tomorrow and collect samples. The Swain County Health Department is taking step to close this establishment. They need SWP to inspect the facility and provide a report asap. Thanks, Roger Edwards - Roger.Edwards@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 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. From: Alison Cochran [mailto:AlisonC@swaincountync.gov] Sent: Monday, July 12, 2010 4:14 PM To: Edwards, Roger Subject: Nantahala Village Swain County I have no idea if you received my original message. Here are the pictures from June 11, 2010 from Nantahala Village. Charles Reagan spoke with Wanda on that day. He is out of the office today and tomorrow. Thanks Alison Cochran Swain Co EHS 7, jL c1b sPDi GT bG��I �Gi �2 US c�5i�� r �i s�iG, G� S � A_o,,v X/a V/ip V-cl s� .Well- -VIA te V 162er- e L'asl l f /ce /171 V 'y Pd , 11 i'► - YVe 5 � Pit PGt S ,f'1G �e Pi i (114e R L/ , Q /� l C2-) ./-v #3 3 % is i� Le r 4 Gam(/ �o /D &Ae/ 1 aASe / 10,7 � dZYA V �sss`XA -eat-l! e_ d re- ;a�u �,W . bn �- rY Lip rn amp�i�rne 6s� S ��no( /7� w46A : laee_ - ' 1/i ��� q �ex /e A, re�,n ,O 4 62 7`A 'e n45614 ill 7z�pd Arc We u,e r G0e-re ®� . toe L)4- 7 _Wd76APm Du o�,qoot G-tze �-�1o� rL .�—moo add l`A5,pe . a- L�� _--�� — /s o Q r�GP /) DL A b h - y � _ e-74 lee vel tit° v h � �•• " E.<� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 14, 2010 Mr. Chase Harper, Vice -President Nantahala Mountain Village Inc. 9400 Highway 19 W Bryson City, North Carolina 28713 Subject: NOTICE OF VIOLATION NOV-2010-MV-0066 Permit No. NCO037737 Nantahala Village WWTP Swain County Dear Mr. Harper: A review of Nantahala Village's WWTP monitoring report for February 2010 showed the following violation: Parameter Date Measuring Frequency Violation Total Residual Chlorine 02/07/2010-02/13/2010 2 X / Week Failure to Monitor Reminder. Holidays should be clearly marked on the appropriate monthly DMRs. It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR to Raleigh at the address found on the front page of your DMR. Remedial actions should be taken to.correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section c j W�QYAshevi�l�le Fie ° DWQ�entral Files Michael Awtrey/ ORC S:1SWP1SwainlWastewaterlMinors\Nantahala Village Resort 377371NOV-2010-MV-0065.doc 1_ Dne Carolina Nahmallb North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 7 li L W 6 tl ■ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 14, 2010 Mr. Chase Harper, Vice - President Nantahala Mountain Village Inc. 9400 Highway 19 W Bryson City, North Carolina 28713 Subject: NOTICE OF VIOLATION NOV-2010-MV-0064 Permit No. NCO037737 Nantahala Village WWTP Swain County Dear Mr. Harper: A review of Nantahala Village's monitoring report for January 2010 showed the following violations: Parameter Date Measuring Frequency Violation I Total Residual Chlorine 01/10/2010-01/16/2010 2 X / Week Failure to Monitor Total Residual Chlorine 01/17/2010-01/23/2010 2 X / Week Failure to Monitor Total Residual Chlorine 01/24/2010-01/30/2010 2 X / Week Failure to Monitor Reminder. Holidays should be clearly marked on the appropriate monthly DMRs. It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR to Raleigh at the address found on the front page of your DMR. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section T�IZUI/Q -,h"evilte DWQ Central Files Michael Awtrey/ ORC S:\SWP\Swain\Wastewater\Minors\Nantahala Village Resort 37737\NOV-2010-MV-0064.doc None Carolina �turu!!y North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterouality.org FAX (828)299-7043 1-877-623-6748 L {p ®� h L NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 14, 2010 Mr. Chase Harper, Vice - President Nantahala Mountain Village Inc. 9400 Highway 19 W Bryson City, North Carolina 28713 Subject: NOTICE OF VIOLATION NOV-2010-MV-0063 Permit No. NCO037737 Nantahala Village WWTP Swain County Dear Mr. Harper: . A review of Nantahala Village's monitoring report for December 2009 showed the following violation: Parameter Date Measuring Violation Frequency Total Residual Week of 12/06/2009 through 2 X / Week Failure to Monitor Chlorine 12/12/2009 Reminder. Holidays should be clearly marked on the appropriate monthly DMRs. It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR to Raleigh at the address found on the front page of your DMR. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section � D1NQ` A9h`eviIfe Riles EE DWQ Central Files Michael Awtrey/ ORC S:ISWPISwainlWastewater\Minors\Nantahala Village Resort 377371NOV-2010-MV-0063.doc NorthCarotina Adara!!y North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterauality.org FAX (828)299-7043 1-877-623-6748 • Frazier, Wanda From: Edwards, Roger Sent: Monday, April 19, 2010 10:29 AM To: Frazier, Wanda Subject: FW: Cases Assessed?? ° Attachments: image003.jpg Wanda, Please read the e-mail below.... Vanessa intended LV-2010-0053 to be LV-2010-0025. LV-2010-0025 is Nantahala Mountain Village, assessed 1/19/2010. Please respond to Vanessa asap. Thanks, Roger Edwards - RoPer.Edwards@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office ,Division of Water Quality - Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 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. From: Manuel, Vanessa Sent: Friday, April 16, 2010 3:13 PM To: Smith, Danny; Tedder, Steve; Edwards, Roger; Shiver, Rick Subject: Cases Assessed?? All - We have been asked to provide information on enforcement cases assessed and our query showed some on the list that appear suspect. For the cases below, please have staff investigate & determine whether or not these cases were actually sent to the facility. If they were assessed, have staff update BIMS with any relevant information. If a case was not sent to the facility & will not be pursued, update BIMS with the appropriate action. ARO: LV-2008-0431, LV-2009-0177, -0178, LV-2010-0053 RRO: LV-2009-0149, -0248, MV-2009-0011 WSRO: LV-2009-0352, LV-2010-0053 WIRO: PC-2009-0109 1 If questions, please let me know. If pu3sible, let me know the status of the cases at your earliest. Linwood Cox with DENR Collection has requested to have our data for his report for his Monday meeting with Mary Penny Thompson. Whatever you can do will be appreciated from this office. Thanks. Vanessa E. Manuel, Environmental Chemist NC DENR / Division of Water Quality / Surface Water Protection Section Point Source Branch 1617 Mail Service Center, Raleigh, NC 27699-1617 919/807-6392 (wk); 919/807-6495 (fax) E-mail correspondence to and from this address may be subject to the North Carolina Public Records lmv and may be disclosed to third parties. 2 It liI e GvA IZ I I BeverlyEaves Perdue Govemor ALT, WA NCDENtt North Carolina Department of Environment and Division of Water Quality Coleen H. Sullins Director January 29, 2010 CERTIFIED MAIL 7009 1680 0002 2464 6173 RETURN RECEIPT REQUESTED Mr. Chase Harper, Vice President Nantahala Mountain Village, Inc. 9400 Hwy 19 W Bryson City, NC 28713 Subject: Assessment of Civil Penalty for Violations of Reporting Requirements Nantahala Mountain Village, Waste Water Treatment Plant (WWTP) NPDES Permit NCO037737 Case Number LR-2010-0001 Swain County Dear Mr. Harper: �I Re5p 0s F E B - 4 20.0 s` WATER QUAUT`L!eU�-rfUeIJIc1I P.SHGVILL� RrGIONA�eCI�a r This letter transmits notice of a civil penalty assessed against the Nantahala Mountain Village WWTP in the amount of $1100.00 ($1000.00 civil penalty + $100.00 in enforcement costs). This civil penalty assessment is for failing to submit the Nov® 2009 DMR as required by NPDES Permit NCO037737 and G.S. 143-215.65. This assessment is based upon the following facts: the June 2009 discharge monitoring report (DMR) was not filed with the Division of Water Quality within the thirty (30) day reporting period in accordance with the monitoring and reporting requirements contained in your NPDES permit. A Notice of Violation (NOV-2009-LR-0049) was sent to'you for failure to submit the June 2009 DMR no later than the thirtieth (30th) day following the reporting period. The certified mail receipt was received and signed for on September 4, 2009.. Within said Notice, you were informed that future reports not received within the required timeframe would result in a recommendation for assessment of civil penalties. The July 2009 DMR was not been filed with the .Division of Water Quality within the thirty (30) day reporting period in accordance with the monitoring and reporting requirements contained in your NPDES permit. A enforcement action (LR-2009-0011) and Civil Assessment penalty in the amount of $600.00 was sent to you for failure to submit the July 2009 DMR no later than the thirtieth (30th) day following the reporting period. The certified mail receipt was received and signed for on October 9, 2009. Within said Notice, you were informed that future reports not received within the required timeframe would result in a recommendation for assessment of civil penalties. Based upon the above facts, I conclude as a matter of law that the Nantahala Mountain Village WWTP violated or failed to act in accordance with the requirements of NPDES Permit.NCO037737 and G.S. 143-215.65. A civil penalty of not more than $25,000.00 per violation may be assessed against a person who fails to file, submit, or make available any documents, data, or reports required by G.S. 143-215.65. The State's enforcement costs in this matter may be assessed pursuant to G.S. 143-215.3(a) (9) and G.S. 143- 282.1(b) (8). 161.7 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63871'FAX: 919-807T64951 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Oppodunity 1 Affirmative Action Employer NorthCarohna Naturallff Based upon the above findings of fact andrpriclusions of law, and pursuant to the authority dr�-gated to me by the Secretary of the Department of Environment and Natural R31 irces and the Director of the Division of Water` `lity, I hereby make the following civil r penalty assessment against the Nantahala nnountain Village WWTP: $ $1000.00 for failing to submit the November 2009 DMR as required by NPDES Permit NCO037737 and G.S.143-215.65. $ $100.00 $ $1,100.00 Investigation Costs 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 Facts and Conclusions of Law and have considered each and every specific factor set out in G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; - - (3) The effect on the ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Mariagement Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (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: Point Source Branch - Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 M 2. Submit a written request for remission or mitigation including a detailed justification for such request. A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. 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 that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement, which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed clvil'-41 penalties for any previous violations; (e) payment of the civil penalty will preve"kpaymerit for the remaining necessary remedial actions. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N.-Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63871 FAX: 919-807-64951 Customer Service:1-877-623-6748 Internet: www wwaterquality.org An Equal Opportunity V Affirmative Action Employer NorthCarolna Naturally NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director SURFACE WATER PROTECTION SECTION January 22, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Chase Harper, Vice President Nantahala Mountain Village Inc. 9400 Hwy 19 West Bryson City, NC 28713 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 NCO037737 Nantahala Mountain Village Inc. Nantahala Village WWTP Case No. LV-2010-0025 Swain County Dear Mr. Harper: Dee Freeman Secretary This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $320.00 ($250.00 civil penalty + $70.00 enforcement costs) against Nantahala Mountain Village Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Nantahala Mountain Village Inc. for the month of July 2009. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0037737. The violations which occurred in July 2009 are summarized in Attachment A to this letter. Based upon the above facts; I conclude as a matter of law that Nantahala Mountain Village Inc. violated the terms, conditions or requirements of NPDES Permit NCO037737 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. 143-2.15.1(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 Nantahala Mountain Village Inc.: SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE One NorthCar011ria Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 / Phone: (828) 296-45001FAX: 828 2997043\Customer Service: 1-877-623-6748 �irttitQ!!t� Internet: www.ncwaterauality.org 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0037737, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for Amonia Nitrogen Concentration.. $250.00 TOTAL CIVIL PENALTY $70.00 Enforcement Costs $320.00 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. 14313-282.1(b), which are: (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; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (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 (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (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: Point Source Compliance/Enforcement Unit Division of Water Quality, 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 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 factual statements 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 Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282. I (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 the Division of Water Quality 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 Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 of receipt of this 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 § 150B-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: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 431-3000' Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 should have any questions, please contact Wanda Frazier of the Asheville Regional Office Water Quality staff, at 828-296-4662. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: Regional Supervisor w/ attachments Enforcement File w/ attachments Central Files w/ attachments S:\SWP\Swain\Wastewater\Minors\Nantahala Village Resort 37737\LV-2010-0025.01-22-10.doc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2010-0025 County: Swain Assessed Party: Nantahala Mountain Village Inc Permit No.: NC0037737 Amount Assessed: $320.00 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 applies. 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: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF SWAIN IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS NANTAHALA MOUNTAIN VILLAGE INC. 1 PERMIT NO. NCO037737 ) FILE NO. LV-2010-0025 Having been assessed civil penalties totaling $320.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated January 22, 2010, 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 Quality 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 ADDRESS TELEPHONE SIGNATURE 2. DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT (FILE) Violator: Nantahala Mountain Village Inc County: Swain Case Number: LV-2010-0025 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b), which are: 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private properly resulting from the violation; The facility's monthly average ammonia nitrogen values exceeded the permit limitations by 37% in July 2009 2) The duration and gravity of the violation; High concentrations of ammonia nitrogen, which occurred on July 7t`, were sufficiently high to cause the facility to violate the monthly average limitation of 5.5 mg/l. 3) The effect on ground or surface water quantity or quality or on air quality; Damage to the receiving stream was not quantified. 4) The cost of rectifying the damage; The cost of rectifying the damage is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is the cost of operational adjustments and / or chemicals. 6) Whether the violation was committed willfully or intentionally; The violation does not appear to be willful or intentional. 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 During the period 07-01-2008 through 06-30-2009, the facility had the following permit violations: NOV-2009-MV-0124 Failure to monitor temperature, 5 times weekly in April 2009. NOV-2010-NW-0008 Failure to monitor temperature, 5 times weekly in June 2009. 8) The cost to the State of the enforcement procedures. $70.00 Date Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office Ffi:"!�'^•`:i'.Ztia,t'a'<llrsib:,:'4i'r`.ecn.. 'varir3�va.,- NC®ENRr� i North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor A Director Secretary January 22, 2010 Mr. Chase Harper, Vice President Nantahala Mountain Village Inc. 9400 Hwy 19 West Bryson City, NC 28713 Subject: NOTICE OF VIOLATION NOV-2010-LV-0042 Permit No. NCO037737 Nantahala Village Swain County Dear Mr. Harper: A review of Nantahala Village's monitoring report for September 2009 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Ammonia Nitrogen 09/30/09 5.5 mg/I 5.75 mg/1 Monthly Average Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. There were NOT any comments provided on the reverse of the relevant DMR to explain the violations, norwas the facility status marked as non -compliant. It is requested that a response be submitted to the attention of Wanda Frazier. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If you should have any questions, please do not hesitate to contact Wanda Frazier 828- 296-4662. Sincerely, 47 Roger C. Edwards, Regional Supervisor Surface Water Protection Section Enclosure cc: WQ Central Files Ash �villLe-F S:\SWP\Swain\Wastewater\Minors\Nantahala Village Resort 37737\NOV-2010-LV-0042 01-22-10.doc ac NoorthCarolina Altura!!rf North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone (828)296-4500 Customer Service Internet: www.ncwaterouality.org 7� FAX (828)299-7043 1-877-623-6748 Ayy �A NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Chase Harper, President Vice Nantahala Mountain Village Inc 9400 Hwy 19 W Bryson City NC 28713 Dear Mr. Harper: Division of Water Quality Coleen H. Sullins Director January 14, 2010 Dee Freeman Secretary Subject: NOTICE OF VIOLATION NOV-2010-MV-0008 Permit No. NCO037737 Nantahala Village WWTP Swain County A review of Nantahala Village WWTP's monitoring report for June 2009 showed the following violations: Parameter Dates Measuring Frequency Violation Temperature 06/01 to 06/30 5 times per week Failure to monitor Remedial actions, if not already implemented, should be taken to correct any problem. There were NOT any comments provided on the reverse of the relevant DMR to explain the violations, norwas the facility status marked as non -compliant. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If you should have any questions, please do not hesitate to contact Wanda Frazier 828- 296-4662. Sincerely, Fof� Roger C. Edwards, Regional Supervisor Surface Water Protection Section Enclosure cc: WQ Central Files Asheville File 37737 N OV-201 0-MV-0008. Nantahala Village. 01-14-10.doc NorthCarolina NattflY7 1 North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone (828)296-4500 Customer Service Internet: www.ncwaterouality.org FAX (828)299-7043 1-877-623-6748 A`i'L'Ar. NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor CERTIFIED MAIL 7003 0500 0002 6819 4610 RETURN RECEIPT REQUESTED Mr. Chase Harper, Vice President Nantahala Mountain Village, Inc. 9400 Hwy 19 W Bryson City, NC 28713 Division of Water Quality Coleen H. Sullins Director September 28, 2009 Subject: Assessment of Civil Penalty for Violations of Reporting Requirements Nantahala Mountain Village, Waste Water Treatment Plant (WWTP) NPDES Permit NCO037737 Case Number LR-2009-0011 Swain County Dear Mr. Harper: Dee Freeman Secretary 41- — 8 2009 OCT WATER QUALITY SECTION ?' ASHEVILLE REGIONAL OFFICE This letter transmits notice of a civil penalty assessed against the Nantahala Mountain Village WWTP in the amount of $600.00 ($500.00 civil penalty + $100.00 in enforcement costs). This assessment is based upon the following facts: the June 2009 discharge monitoring report (DMR) was not filed with the Division of Water Quality within the thirty (30) day reporting period in accordance with the monitoring and reporting requirements contained in your NPDES permit. A Notice of Violation (NOV-2009-LR-0049) was sent to you for failure to submit the June 2009 DMR no later than the thirtieth (30th) day following the reporting period. The certified mail receipt was received and signed for on September 4, 2009. Within said Notice, you were informed that future reports not received within the required timeframe would result in a recommendation for assessment of civil penalties. The July 2009 DMR has not been filed with the Division of Water Quality within the thirty (30) day reporting period in accordance with the monitoring and reporting requirements contained in your NPDES permit. Based upon the above facts, I conclude as a matter of law that the Nantahala Mountain Village WWTP violated or failed to act in accordance with the requirements of NPDES Permit NCO037737 and G.S. 143-215.65. A civil penalty of not more than $25,000.00 per violation may be assessed against a person who fails to file, submit, or make available any documents, data, or reports required by G.S. 143-215.65. The State's enforcement costs in this matter may be assessed pursuant to G.S. 143-215.3(a) (9) and G.S. 143- 282.1(b) (8). Based upon the above findings of fact and conclusions of law, and pursuant to the authority delegated to me by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I hereby make the following civil penalty assessment against the Nantahala Mountain Village WWTP: $ $500.00 for failing to submit the July 2009 DMR as required by NPDES Permit NCO037737 and G.S. 143-215.65. $ $100.00 Investigation Costs $ $600.00 TOTAL AMOUNT DUE 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919.807-63871 FAX: 919-807-64951 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Nne orthCarohna Naturgflff Pursuant to ,G.S. 143-215.6A(c), i ermining the amount of the penalty, I have tal ito account the Findings of Facts and Conclusions of Law and have considered ea,,, , and every specific factor set out in G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on the ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (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 (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (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: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 C17N Submit a written request for remission or mitigation including a detailed justification for such request. A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. 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 that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement, which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His response will provide details regarding case status, directions for payment and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63871 FAX: 919-807-64951 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org NorthCarolina An Equal Opportunity \ Affirmative Action Employer OR 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150E of the North Carolina General Statutes. You must: File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 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 days as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for violations that occur after the review period of this assessment. If you have any questions concerning this matter, please contact Mr. Bob Guerra at (919) 807-6387 or email at bob.guerra(a.ncdenr.gov. Sincerely, Thomas Belnick, Supervisor, NPDES Western Program Attachments cc: ARO Surface Water Protection w/attachments Enforcement File w/attachments Central Files w/attachments 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63871 FAX: 919-807-64951 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Naturallff -ji L 0 X AX, I - ION FOR P` RL1yIiuSiviiT REQUEST DWQ Case Number: LR-2009-0011 County: Swain Assessed Party: Nantahala Village WWTP Permit Number: NC0037737 Amount Assessed: $600.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Rikht to an Administrative Hearin, 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 applies. 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: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF SWAIN IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND NANTAHALA VILLAGE WWTP ) STIPULATION OF FACTS NPDES PERMIT NCO037737 FILE NO. LR-2009-0011 Having been assessed civil penalties totaling $600.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated September 28, 2009, the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 , 2009. BY ADDRESS TELEPHONE �-a�- 0 _D°/L�r� �r'N �►6 a // �G��i by /VV,Z,c, =4tt--jAA . Ak!� k5e- 'Aey lit lL U-C' dOL,2ri �D f- .4-R w �/ y- ce L�hC� h-, �en� a rr��ar►o zy� �� 45e 6-11 g �ra—el -5 c� We Frazier, Wanda From: Chase [chase@nantahalariver.com] Sent: Tuesday, September 22, 2009 4:00 PM To: Wanda Fraiserron5 Subject: Nantahala Village JIICO2�114 fib,,, ��v.znc.s 6P y, re-t �- J* NC 3 7 7 3 `7� lad Wanda, I am working over here with Lance Ingram on our sand Filter. We had to re -build both pumps last month and during the whole repair process, our Ammonia/Nitrogen levels went higher than normal and higher,tl an our limit allows. I wanted to touch base with you and see if there is anything that we might need to do. Pleaset rrie know when',voutk`�i Ma We also had June's report fail to arrive. It is the first time that has happened. I resent the DMR with delivery confirmation. The post office says that it was received, but I wanted to double check and make sure you have everything. Thank you, Chase Harper Nantahala Village 828-488-2826 x 107 www.nvnc.com 1 Beverly Eaves Perdue Governor i NCDENR .North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director . August 31, 2009 CERTIFIED MAIL 7003 0500 0002 6819 4559 RETURN RECEIPT REQUESTED Mr. Chase Harper, Vice President Nantahala Mountain Village, Inc. 9400 Hwy 19 W Bryson City, NC 28713 Subject: NOTICE OF VIOLATION - NOV- 2009- LR- 0049 Nantahala Village WWTP — NCO037737 Swain County Dear Mr. Harper: Dee Freeman Secretary This is to inform you that the Division of Water Quality has not, received your June 2009 monitoring- report as of August 26, 2009. This is in violation of Part II; Condition D (2) of the NPDES permit, as well as 15A NCAC 213 .506(a), which requires the submittal of Discharge Monitoring Reports (DMR) no later than the thirtieth (3(Yh) day following the reporting period. Please .submit the June 2009 DMR within fifteen (15) days of this letter receipt. Failure to submit reports as required or after the required reporting date will subject the violator to the assessment of a civil penalty of up to $25,000 per violation.. To prevent further action, please submit future monthly reports within the above -mentioned timeframe to avoid further enforcement actions. You are also required to notify the Division each time mailing or phone numbers are changed which relate to your NPDES permit. The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or Discharge Monitoring Reports, please contact me at 919-807-6387. Sincerely, Bob Guerra Western Region NPDES Unit ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. cc: DWQ Asheville Surface Water F 1 Central Files ' i 1617 Mail Service Center, Raleigh, North Carolina Z, Location: 512 N. Salisbury St. Raleigh, North Caroliri Phone: 919-807-53871 FAX: 919-807-64951 Custom Internet www.newaterquality.org - An Equal Opportunity ` Affirmative Action Employer Article Addressed to: CHASE HARPER VICE PRESIDENT NANTAHALA MOUNTAIN VILLAGE INC 9400 HWY 19 W BRYSON CITY NC 28713 A. Sign re - ❑Agent B. Recelved_by (Penn ed Name) C. Date of Deliver D. Is delivery a4Skss different from item 1? ❑ Yes If YES, enter delivery address below: I -MO 3. rvice Type Iiii,pertmed Mail ❑ Express Mall Registered ❑ Return Receipt for Merchandis ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7003 0500 0002 6819 4559 (transfer from service iabeO v � - . NCDENR . Nelth Carolina Department of Environment --and Natural Resources. - Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins ``'` d Y ..r r t. p t D'ee Freeman Governor Director .: _ _Secretary August 31, 2009 , S E_ P 3 2009 CERTIFIED MAIL. 7003.0500 0002 6819 4559 RETURN RECEIPT REQUESTED " 1NATER *QUALITY SECTION _ = gS,y`rVILL REC'IONA,L OFFICE Mr. Chase Harper, Vice President x - Nantahala Mountain Village, Inc. 9400 Hwy-10 W - Bryson City; NC 23713 - Subject: NOTICE OF VIOLATION - NOV- 2009- LR-.0049 Nantahala Village WWTP — NC0037737 Swain County Dear Mr. Harper:.. This is to inform you that the Division of Water -Quality has not received your June:2009 monitoring'report as of. QA�cu ust 26, 2009. This is in violation of Part II, Condition D"(2) of the:NPDES permit, as well as 15A NCAC 213 .506(a), which requires.th_e submittal of,Discharge Monitoring Reports (DMR) no later.than the thirtieth (30t').day following the reporting period. Please 'submit the June 2009 DMR within fifteen (15) days of this letter receipt. Failure to submit - - reports as required or. after the required -reporting date will subject the violator to the assessment of a civil. penalty of up to.$25,000 per violation.. . _ To prevent further action; please submit future monthly reports within the above -mentioned timeframe to avoid further enforcement actions._You are also required to notify the Division each time mailing orphone numbers are changed which'relate to your NPDES permit. The Division must -take these�steps because timely submittal of discharge monitoring reports is essential to the efficient operation -of ouc-water quality programs..We appreciate. your assistance in this matter. If you have any, questions about this letter or Discharge: Mon itoring.Reports; please contact me at 919-807=6387: Sincerely,"-_,.-_ - Bob Guerra S)4fA4Pect -i4 Ly Western.- Region NPDES,Unit •C�-ia Ariz /_ �i`�t'S- 0!2 cc: ,; DWQ"Asheville Surface Water Protection Supervisor Central: Files rya=s. du e -Tay 3 b� 1617 Mall Service.Center,,Raleigh, North Carolina 27699-1617 Location- 512 N. Salisbury St. Raleigh, North Carolina 27604 One,\ Phone: 919-807-6387A FAX: 919-807-64951 Customer Service: 1-877-623-6748 NOl Marolina. Intemet:www.ncwaterqutility.org �7at ta//I, An Equal Opportunity 1 Affirmative Action Employer {/ �/ "[✓' • �' L NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Coleen H. Sullins Director ,-LE. Dee Freeman Secretary SURFACE WATER PROTECTION SECTION July 24, 2009 Mr. Chase Harper, Vice President Nantahala Mountain Village Inc. 9400 Hwy 19 W Bryson City, NC 28713 Subject: NOTICE OF VIOLATION Dear Mr. Harper: NOV-2009-MV-0124 Permit No. NCO037737 Nantahala Village Swain County A review of Nantahala Village's monitoring report for April 2009 showed the following violations: Parameter Date Measuring Frequency Violation Temperature Week of April 19 - 25 5 times weekly Failure to monitor Remedial actions, if not already implemented, should betaken to correct any problem. The reverse side of the relevant DMR required an adequate explanation for any and all violations. If an explanation was provided, then it is not requested that a response be submitted. If an explanation was not provided or should you have additional information concerning the violation(s), please submit them to the attention of Wanda Frazier. If missing data is available, please provide this data by re -submitting two copies of the DMR to Central Files (to the address provided on the DMR) and highlighting the additional data and comments (such as, "Amended"). The Division of Water Quality may pursue enforcement actions for this and any additional violation(s). If 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. You may contact Keith Haynes of this office for additional information. If you have any questions, please do not hesitate to contact me or Wanda Frazier at 828- 296-4500. Sincerely, a °—� j �- -: Roger C. Edwards, Regional Supervisor .- `g . xc: Central Fi /IAR Files Surface Water Protection Section NoirthCarolina �aturrr!!y North Carolina Division of Water Quality 2090 U.S. Highway 70; Swannanoa, N.C. 28778 Phone (828) 296-4500 Customer Service 1-877-623-6748 Internet: www.ncwaterguality.org FAX (828) 299-7043 - LEG A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Governor Surface Water Protection Section April 14, 2009 MEMORANDUM To: Chuck Reagan, Swain County Health Department From: Wanda Frazier, Division of Water Quality - SWPS Re: Additional Flow Allocation for WESE Inc. dba: Nantahala Village Resort & Spa Swain County NPDES permit number NCO037737 Dee Freeman Secretary Based on a review of the last 12 months of Discharge Monitoring Reports (see the self -monitoring data summary), it appears that this facility has the capacity to accept additional flow. The current permit limit for flow is 8,000 gallons per day. The highest monthly average flow value during the past 12-months has been approximately 4,000 gallons per day. If I may be of further assistance, please feel free to contact me directly at 828-296- 4662. Thank you. 2J0� SURFACE WATER PROTECTION SECTION — ASHEVILLE REGIONAL OFFICE One NorthCarolliina Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Naturally Phone: 828-296-45601 FAX: 828-299-7043 Customer Service (Raleigh): 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer NCO037737 Swain Co. Wese Inc DBA Natahala. Village Resort Spa - Nantahala Village 00010 00310 00400 00530 00610 31616 50060 50050 deg c mg/l su mg/l mg/l #/1OOml ug/l mgd month -year Temperature, BOD, 5-Day ' pH Solids, Total Nitrogen, Coliform, Chlorine, Flow, thru Water Deg. Suspended Ammonia Fecal MF. ,,' Total treatment Centigrade Total (as N) CC Residual plant 2 - 08 no limit 30 6.0-9.0 30 VI 11 5S200 0 Perm f ,AtQ r-. 3-08 8.285714 12.4 6.9 - 7 5.15 5.25 82.704293 0' 0.001176 / (Ern % S 9.571429 4.65 6.9 - 7.1 10.5 1.5 1.732051 0 0.000706 4 - 08 30 h.5 0.008 14.045455 5.7 6.9'- 7.1 1.55 0.1 3.741657 0 0.001747 5 - 08 s0 IM 5.5 15.727273 18.6 6.9 - 7 8.65 1.15 4.472136 0 0.001955 6 - 08 30 30 ;,.: 0 op!' �pPr 20.285714 14.6 6.5 - 7.2 10.15 0.8 71.654175 0 0.003663 r1 7 - 08 . 0 von 5.1 0.008 �u�Rt 21.608696 11.166667 6.8 - 7.2 5.366667 1.7 61.304755 0 0.004287 8 - 08 3i s.., 0.��0 22.181818 11.75 6.5 - 7.2 4.4 0.8 15.165751 0 0.003132 9-08 :' �.5 k 18.904762 18.45 6.9 - 7.1 7.05 4.85 17.320508 0 0.00238 10-08 13.382609 11.6 6.7 - 6.9 7.5 4 76.993506 0 0.002771 11 - 08 (12 "ii -11. :' 7 - "" 38 1 r 11.39 8 6.7 - 6.9 2.6 1.1 3.605551 0 0.002147 W r J - 08 21- jo 10.291667 13 6.8 - 7 6.55 1.65 1.732051 0 0.001352 NCO037737 0001.0 deg c month - year Temperature, Water Deg. Centigrade 2 - 08 no limit 8.285714 3-08 9.571429 4-08 14.045455 5-08 15.727273 6-08 20.285714 7-08 21.608696 8-08 22.181818 9-08 18.904762 10-08 13.382609 11 - 08 - 11.39 12-08 10.291667 Swain Co. Wese Inc DBA Natahala Village Resort Spa - Nantahala Village 00310 00400 00530 00610 31616 50060 50050 mg/I su mg/I mg/I #/100ml ug/I mgd BOD, 5-Day (20 pH Solids, Total Nitrogen, Coliform, Chlorine, Flow, thru Deg. C) Suspended Ammonia Total (as N) Fecal MF, M- FC Total Residual treatment plant m(sU - Ran*h ed S(: L 0 , 0 0 7$ 30 6.0-9.0 30 11 200 7 0.008 12.4 6.9 - 7 5.15 5.25 82.704293 0 0.001176 ' 30 30 11 0.008 4.65 6.9 - 7.1 10.5 1.5 1.732051 0 0.000706 30 30 5.5 0.008 5.7 6.9 - 7.1 1.55 0.1 3.741657 0 0.001747 30 30 5.5 0.008 18.6 6.9 - 7 8.65 1.15 4.472136 0 0.001955 30 30 5.5 0.008 14.6 6.5 - 7.2 10.15 0.8 71.554175 0 0.003663 30 30 5.5 0.008 11.166667 6.8 - 7.2 5.366667 1.7 61.304755 0 0.004287 - 30 .30 5.5 0.008 11.75 6.5 - 7.2 4.4 0.8 15.165751 0 0.003132 30 30 5.5 0.008 18.45 6.9 - 7.1. 7.05 4.85 17.320508 0 0.00238 30 30 5.5 0.008 11.6 6.7 - 6.9 7.5 4 76.993506 0 0.002771 -30 30 11 0.008 8 6.7 - 6.9 2.6 1.1 3.605551 0 0.002147 30 30 11 0.008 13 6.8 - 7 6.55 1.65 1.732051 0 0.001352 hj,gk pSt- r-q 0. a ve- . OFWATF9 Beverly Eaves Perdue, Governor rDee Freeman, Secretary _i North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division°of WaterQtialiryi . January 22, 2009 E CERTIFIED MAIL 7007 0710 0000 5376 7723 D t RETURN RECEIPT REQUESTED JAN 2 6 2009 �Ms. Julie Bielecki I x DO ? WATER QUALITY SECTION /�G� Wese Inc. dba Nantahala Resort Spa /Y �' J ASHEVILLE REGIONAL OFFICE t o y 9400 Hwy 19 W "Alan -' Aa & V" ((�Se ? Bryson City, NC 28713m::w:�._,._...... /U'eV 109 �b4oh A"kTs Subject: NOTICE OF VIOLATION - NOV- 2009 LR- 0001 - dV Iron e� V-�r2 R r� a, vet Nantahala W- I e-WWTP NCO057193 C���tliJ�s -�le(Sk Swain County / Vae2t�,����o®r^ Dear Ms. Bielecki: This is to inform you that the Division of Water Quality has not received your monthly monitoring report for November 2008 after the required reporting date. This is in violation of Part II, Condition D (2) of the NPDES permi; as well as 15A NCAC 2B .506(a), which requires the submittal of Discharge Monitoring Reports (DMR) no later than the thirtieth (301h) day following the reporting period. Failure to submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. You will be considered noncompliant with the self -monitoring requirements of your NPDES permit until the report has been submitted. Please submit the November 2008 DMR report within 15 days of receipt of this notice if you have not yet submitted it. To prevent further action, please submit future monthly reports within the above - mentioned timeframe to avoid further enforcement actions. You are also required to notify the Division each time mailing or phone numbers are changed which relate to your NPDES permit. The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or Discharge Monitoring Reports, please contact me at 919-807-6387. Sincerely, Bob Guerra Western Region NPDES Unit cc: DVVQ Asheville Surface Water Protection Supery _ �� ti Uc� r�(d o/ ��� -A/o Central Files �6 � /1% C b j % / �% 3 /V 1, �� ; 7`X- s 7�r2 x N_ of Carolina Ivatura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service Internet: www.ncwaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 807-6492 ..1-877-623-6748 An Equal Opportunity/Affirmative Action Employer--: 50% Recycled/10% Post Consumer Paper MEMO TO THE FILE RE: � J,x DATE: FROM: cya NC DMSYON OF 'WATER QUALITY Wi�:M QUAllf-I' SECTION North Carolina Department o L-j f ILE SURFACE WATER PROTECTION SECTION June 18, 2008 Mr. Chase Harper Wese Inc. DBA Natahala Village Resort Spa 9400 Highway 19 W Bryson City, North Carolina 28713 Dear Mr. Harper: Michael F. Easley, Governor William G. Ross Jr., Secretary ronment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SUBJECT: Compliance Evaluation Inspection Status: Compliant Nantahala Village WWTP Permit No: NCO037737 Swain County Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on June 11, 2008. . The facility appeared to be in compliance with permit NC0037737. Mr. Williams is doing a fine job of operating this facility. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions; please call me at 828-296-4500, Ext. 4667. Sincerely net Cantwell Environmental Specialist. Enclosure l57YWA IRevQI e 91 _ DWQ Central Files Lamar Williams/ ORC w/ attachment i G:\WPDATA\DEMWQ\Swain\37737 Nantahala Village Resort\37737-CE1.08.doc None Carolina Ntura!!y 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Insp ectioh Report 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 I NI 2 I cl 31 N00037737 111 121 08/06/11 117 181 CI 191 cl 201 J L=J LJ Remarks 211 16 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA ------ —---- —---------- — Reserved ---------------------- 67I 169 70Li 71 I_j 72I NI 73I I W 174 751 I I I I I Li 80 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 11:10 AM 08/06/11 07/11/01 Nantahala Village Exit Time/Date Permit Expiration Date 9400 U s Hwy 19 w Bryson City NC 28713 12:20 PM 08/06/11 12/10/31 Name(s) of Onsite Representative(s)lritles(s)/Phone and Fax Number(s) Other Facility Data Everette Lamar Williams/ORC/828-498-2211/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Bobby Krajcovic,9400 Hwy 19 W Bryson City NC 28713//628-488-2826/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance N Records/Reports Self -Monitoring Program Facility Site Review 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) -1/4) (� Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ Sig t e of Manageme A Reviewer Agency/Office/Phone and Fax Numbers / I Date o EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO037737 I11 12I 08/06/11 I17 18N Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Lamar Williams/ORC, Mike Awtrey/Maintenance and Chase Harper/Nantahala Resort assisted in the inspection of this facility. The previous compliance evaluation inspection was conducted on June 14, 2007. A review of the files indicates that the permit expires October 31, 2012. Mr. Williams is doing a fine job of operating this facility. The Collection System Inspection will be sent separately from the WWTP inspection. Facility was not discharging at the time of inspection. Page # 2 Permit: NCO037737 Owner - Facility: Nantahala Village Inspection Date: 06/11/2008 Inspection Type: Compliance Evaluation 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: 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? Comment: Facility was not discharging at the time of inspection. Float for audible/visual alarm in dosing chamber needs repair. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ ❑ Cl Is all required information readily available, complete and current? ■ ❑ ❑ ❑ Are all records maintained .for 3 years (lab. reg. required 5 years)? ❑ ❑ ❑ ■ Are analytical results consistent with data reported on DM Rs? Is the chain -of -custody complete? Dates, times and location of sampling Name of individual performing the sampling Results of analysis and calibration Dates of analysis Name of person performing analyses Transported COCs Are DMRs complete: do they include all permit parameters? Has the facility submitted its annual compliance report to users and DWQ? (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? Is the ORC visitation log available and current? Is the ORC certified at grade equal to or higher than the facility classification? Is the backup operator certified at one grade less or greater than the facility classification? Page # 3 i Permit: NC0037737 Owner -Facility:' Nantahala Village Inspection Date: 06/11/2008 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Is a copy of the current NPDES permit available on site? ® Q Q ❑ Facility has copy of previous year's Annual Report on file for review? ■ ❑ Q Comment: Sand Filters (Low rate) Yes No NA NE (If pumps are used) Is an audible and visible alarm Present and operational? Q O ■ O Is the distribution box level and watertight? ■ El ❑ Is sand filter free of•ponding? ■ Q 0 Q Is the sand filter effluent re -circulated at a valid ratio? ■ # Is the sand filter surface free of algae or excessive vegetation? ■ Q ❑ ❑ # Is the sand filter effluent re -circulated at a valid ratio? (Approximately 3 to 1) ■ ❑ Q ❑ Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ Q El -Are the tablets the proper size and type? ■ Q 0 0 Number of tubes in use? 1 Is the level of chlorine residual acceptable? ■ O Q Q Is the contact chamber free of growth, or sludge buildup? ■ Q ❑ ❑ Is there chlorine residual prior to de -chlorination? ■ Q ❑ ❑ Comment: De -chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? 0 ® ❑ Is storage appropriate for cylinders? El ■ Q # Is de -chlorination substance stored away from chlorine containers? ■ Q Comment: Are the tablets the proper size and type? ■ ❑ Q 0 Are tablet de -chlorinators operational? ■ Q O Q Number of tubes in use? 2 Comment: Page # 4 Z' O�0 F W A TF9QG Michael F. Easley, Governor 7 . William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director -Division of Water Quality February 21, 2008 CERTIFIED MAIL 7002 3150 0003 7052 6508 FEB 2 5 2Q08 RETURN RECEIPT REQUESTED 1NATER QUALITY SECTION Ms. Julie Bielecki ASHEW I F REGIONAL OFFICE Wese Inc. dba Nantahala Resort Spa 9400 Hwy 19 W Bryson City, NC 28713 Subject: NOTICE OF VIOLATION - NOV- 2008- L.R- 0008 Nantahala Village WWTP — NCO037737 Swain County Dear Ms. Bielecki: This is to inform you that the Division of Water Quality has not received your monthly monitoring. report for December 2007 after the required reporting date. This is in violation of Part II, Condition D(2) of the NPDES permit, as well as 15A NCAC 2B .506(a), which requires the submittal of Discharge Monitoring Reports (DMR) no later than the thirtieth (30th) day following the reporting period. Failure to submit reports as required will subject the violator to the assessment of a civil 'penalty of up to $25,000 per violation. You will .be considered noncompliant with the self - monitoring requirements of your NPDES permit until the report has been submitted. .Please submit the December 2007 DMR report within 15 days of receipt of this notice if you have not yet submitted it. To prevent further action, please submit future monthly reports within the above -mentioned timeframe to avoid further enforcement actions. You are also required to notify the Division each time mailing or phone numbers. are changed which relate to your NPDES permit. The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water -quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or Discharge Monitoring Reports, please contact me at 919-733-5083, extension 539. Sincerely, 4�w_.X� Bob Guerra Western Region NPDES Unit cc: D11VQ Asheville Surface_Water:ProtectonSupervisor Central Files 4 _? N"oc�ina e Caro dvatural1ly North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-0719 1-877-623-6748' An Equal Opportunity/Affirmative Action Employer— 5.0% Recycled/10% Post Consumer Paper O�0F W ATF9QG _ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina D, nent of Environment and Natural Resources Coleen H. Sullins, Director � � E COPY Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION June 22, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 1820 0002 9207 3864 Mr. William Eilf Wese Inc. DBA Natahala Village Resort & Spa 9400 U.S. Hwy. 19 W Bryson City, North Carolina 28713 Subject: NOTICE OF VIOLATION NOV-2007-PC-0450 Compliance Evaluation Inspection Nantahala Village Resort & Spa WWTP Permit No. NCO037737 Swain. County Dear Mr. Eilf: Enclosed please find a copy of the Inspection Report from the inspection conducted 2007-06- 14. The Compliance Evaluation Inspection was conducted by Janet Cantwell of, the Asheville Regional Office. The treatment facility was found to be in violation of Permit NCO037737 for the following: Inspection Area Compliance Issue Audible & Visual Part II, Section C.2. Proper Operation & Maintenance: Alarms "The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit." Grinder Pumps Part II, Section C.2. Proper Operation & Maintenance Nne orthCarolina Ivaturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877/623-6748 Mr. William Eilf June 22, 2007 Page Two 4 Please refer to the enclosed Inspection Report for any additional observations and comments. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within fifteen (15) working days of receipt of this letter. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations. Please also include a timeline for repair/ replacement of the equipment mentioned above. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger . Edwards, Regional Supervisor Surface Water Protection Section Attachment cc; /.VQiTA-s ax e--vJi erFiles w/ attachmnent WQ Central Files w/ attachment Bob Guerra/ Enforcement Files w/ attachment Linda White/ Supervisor/ Graham/Swain Co. Health Dept. w/ attachment Julie Bielecki/ Operations Supervisor/ Nantahala Resort w/ attachment Lamar Williams/ ORC w/ attachment I United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report 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 I NI 2 I SI 31 NCO037737 111 121 07/06/14 117 18I CI 19I GI 20I L Remarks 21111111111111111111.111111111111111111 11111111 1116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA -------------------------- Reserved -------------------- — 67I 169 701 I 711 I 72I NI 73LU 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Nantahala Village 12:45 PM 07/06/14 05/05/01 Exit Time/Date Permit Expiration Date 9400 u s Hwy 19 W Bryson City NC 28713 02:00 PM 07/06/14 07/10/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Everette Lamar Williams/ORC/828-498-2211/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Bobby Krajcovic,9400 Hwy 19 W Bryson City NC 28713//828-488-2826/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ® 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 Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ Signature of Management Q A Reviewer. Agency/Office/Phone and Fax Numbers Date D t U - EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO037737 I11 12I 07/06/14 1 17 18N (cont.) Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Julie Bielecki/Operations Supervisor and Bobby Krajovic/Maintenance Manager assisted in the inspection of this facility. A review of the files indicates that the permit will expire October 31, 2007. Only one grinder pump was operational at the time of inspection. Two other pumps are awaiting repair. These need to be brought on line as soon as possible. The audible and visual alarms in the collection basin were not operational and need to be repaired and operational as soon as possible. Spent sand from the sand filter beds has been piled on the upper side of the sand beds; this must be disposed legally. Access to the effluent discharge pipe needs to be maintained. The Annual Performance Report for Wastewater Treatment Plants needs to be submitted. Reminder: The Asheville Regional Office currently has on staff a Wastewater Treatment Consultant to offer technical assistance to Wastewater Treatment Plants (WWTP) and Collection Systems (CS) with operational concerns. This service is free and non -regulatory to assist in the identification and correction of operational problems. The service can be utilized for optimization of the operation of WWTP and/or Collection Systems. Should you have questions about this service, please contact Don Price at 828-296-4500. Page # 2 a Permit: NCO037737 Owner - Facility: Nantahala Village Inspection Date: 06/14/2007 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n ■ n n Is the facility as described in the permit? ■ n n n # Are there any special conditions for the permit? Q ®❑ Is access to the plant site restricted to the general public? ❑ ❑ ■ Is the inspector granted access to all areas for inspection? ■ n ❑ n Comment: The permit will expire October 31, 2007. The permittee is in the process of submitting data to Raleigh for a permit renewal. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ❑ fl n ■ Judge, and other that are applicable? Comment: Only one grinder pump, which had been recently replaced, was operational. Two others are awaiting repair. Arrangements need to be made for the disposal of "spent' sand which has been piled on the upper side next to the sand filter beds. Sand Filters (Low rate) Yes No NA NE (If pumps are used) Is an audible and visible alarm Present and operational? n ® n n Is the distribution box level and watertight? ® ❑ ❑ ❑ Is sand filter free of ponding? ®n Is the sand filter effluent re -circulated at a valid ratio? ❑ n n ■ # Is the sand filter surface free of algae or excessive vegetation? ■ n F1 n # Is the sand filter effluent re -circulated at a valid ratio? (Approximately 3 to 1) n n n ■ Comment: The audible and visual alarms were not operational at the time of inspection. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? n ® Q n Are the receiving water free of foam other than trace amounts and other debris? n n n ■ If effluent (diffuser pipes are required) are they operating properly? n Q ■ n Comment: Access to the effluent discharge pipe needs to be maintained. Page # 3 t,/ Iv�icXdet F) as)ey Ggvernor ! W'• iam G. R ssr'Secretary North Carolina D$`p 7of E iro ent and N 'jury Resources Ala e-D'irector ZSI - io of Water Quality Asheville Regional Office SURFACE WATER PROTECTION February 6, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 2150 0005 2459 6844 Mr. William Eilf Wese, Inc. dba Natahala Villagrt Spa 125 L 6a Lehigh s, 1�rizta- 33936 Subject: NOTICE OF VIOLATION NOV-2007-MV-0017 Permit No. NCO037737 'Nantahala Village WWTP Swain County Dear Mr Eilf: A review of Nantahala Village's monitoring report for January 2006 shotQee following violations: Parameter Date Measuring Frequency Violation Total Residual Chlorine 01/21/2006 2x/week Failure to monitor Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 10 working days of receipt of this letter. You should address the causes of non- compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500, ext 4667. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection —� . As�healle WQ Central Files Bob Guerra, Enforcement Files Lamar Williams/ORC 2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623=6748 NorthCarolina / nF WAT, 0 0- Michael R asley,,Governor c 6ti • �.v;r aax =a n Wtlli�fii'tf RbTs"If 'Secretary North Carolina Dep en of viroLentand Resources AKli'.E. Director sion ex;Quality SURFACE WATER PROTECTION February 6, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 2150 0005 2459 6851 Mr. William Eilf Wese, Inc. dba Natahala Village Resort Spa 1251 Taylor Lane #6a Lehigh Acres, Florida 33936 Subject: NOTICE OF VIOLATION NOV-2007-MV-0018 Permit No. NCO037737 Nantahala Village WWTP Swain County Dear Mr Eilf: Asheville Regional Office A review of Nantahala Village's monitoring report for November 2006 showed the following violations: Parameter Date Measuring Frequency Violation Total Residual Chlorine 11/04/06 2x/week Failure to monitor Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this.and any additional violations of State law. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 10 working days of receipt of this letter. You should address the causes of non- compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500, ext. 4667. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection WQ Central Files Bob Guerra, Enforcement Files Lamar. Will iams/ORC 90 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 NorthC'nrnlinn Michael,F. Pasl,ey;,Governor,, +M1N'k�: Htrv.erc. IVilliam G. Ross Jr: -,-Secure AY North Carolina Depaitmei IL V, LEnvporaxrrent at N ral Res �Grces "`flan W lim DorOr Div ion o 1�ate_r_.Qualiry.:,-: Asheville Regional Office SURFACE WATER PROTECTION January 19, 2007 Mr. Bobby Krajcovic Wese Inc. DBA Nantahala Village Resort Spa 9400 Hwy 19 W Bryson City, North Carolina 28713 SUBJECT: Compliance Evaluation Inspection Status: Compliant' Wese Inc DBA Nantahala Village Resort Spa Nantahala Village WWTP Permit No: NCO037737 Swain County Dear Mr. Krajcovic: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on December 7, 2006. The facility appeared to be in compliance with Permit # NC0037737. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, anet antwel Environmental Technician Enclosure `111111�c l; e iu/ a,°�taehm.e�.:t WQ Central Files, w/ attachment Lamar Williams/ORC, w/ attachment NorthCarolina Naturallil 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 VY United States Environmental Protection. Agency EPA Washington, D.C. 20460 Form Approved. OMB No. 2040-0057 Water Compliance Inspection Re ort 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 I NI 2 15I 31 N00037737 111 121 06/12/07 117 18I CI 19I SI 20I II Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA ------------ ----- -------- Reserved -------- ---- - ---- — 67I 169 70 J 71 I I 721 N I u 73 I I 174 751 I I I I I 180 �u Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Nantahala Village 02:40 PM 06/12/07 05/05/01 Exit Time/Date Permit Expiration Date 9400 U S Hwy 19 W Bryson City NC 28713 02:55 PM 06/12/07 07/10/31 Name(s) of Onsite Representative (s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Officiallfitle/Phone and Fax Number Contacted Bobby Krajcovic,9400 Hwy 19 W Bryson City NC 28713//828-488-2826/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ■ Operations & Maintenance ■ Records/Reports Self -Monitoring Program Facility Site Review 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 /I Janet Cantwell / ///9 ARO WQ//828-296-4500 Ext.4667/ J// 4Z ni Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date - c. EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 IT NPDES yr/mo/day Inspection Type NCO037737 111 12I 06/12/07 117 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The previous compliance evaluation inspection was conducted on November 18, 2005, by Keith Haynes. A review of the files indicates that the permit expires October 31, 2007. Please request a permit renewal 180 days prior to expiration. The effluent was clear. Annual Performance Report needs to be submitted. Page # 2 Permit: NCO037737 Owner - Facility: Nantahala Village Inspection Date: 12/07/2006 Inspection Type: Compliance Evaluation Permit a 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: Operations $ Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? t ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ •❑ ❑ ❑ Judge, and other that are applicable? Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ ❑ ❑ Is all required information readily available, complete and current? ■ ❑ ❑ ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? ❑ ❑ ❑ ■ Are analytical results consistent with data reported on DMRs? ❑ ❑ ❑ ■ Is the chain -of -custody complete? ❑ ❑ ❑ ■ Dates, times and location of sampling ❑ Name of individual performing the sampling ❑ Results of analysis and calibration ❑ Dates of analysis ❑ Name of person performing analyses ❑ Transported COCs ❑ Are DMRs complete: do they include all permit parameters? ■ ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ®❑ ❑ ❑ (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each 'shift? ❑ ❑ ■ ❑ Is the ORC visitation log available and current? ®❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? ® ❑ ❑ ❑ Page # 3 Permit: NC0037737 Inspection Date: 12/07/2006 Owner - Facility: Nantahala Village Inspection Type: Compliance Evaluation Record Keeping Facility has copy of previous year's Annual Report on file for review? Comment: Annual Performance Report needs to be submitted. Sand Filters {Low rate) (If pumps are used) Is an audible and visible alarm Present and operational? Is the distribution box level and watertight? Is sand filter free of ponding? Is the sand filter effluent re -circulated at a valid ratio? # Is the sand filter surface free of algae or excessive vegetation? # Is the sand filter effluent re -circulated at a valid ratio? (Approximately 3 to 1) Comment: Disinfection -Tablet Are tablet chlorinators operational? Are the tablets the proper size and type? Number of tubes in use? 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: Type of system ? 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: Ratio: 2 tubes of chlorine to 4 tubes of dechlor. Are the tablets the proper size and type? Are tablet de -chlorinators operational? Number of tubes in use? Comment: .. Yes No NA NE ❑■❑❑ Yes No NA NE ■❑❑❑ ■❑❑❑ ■❑❑❑ ■ Cl ❑ ❑ ■❑❑❑ ■❑❑❑ Page # 4 i r March 27, 2006 CERTIFIED MAIL 70031010000046202185 RETURN RECEIPT REQUESTED Mr. William Eilf, President Wese Inc. dba Nantahala Village Resort Spa 9400 Highway 19 W Bryson City, NC 28713 Dear Mr. Eilf: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Subject: NOTICE OF VIOLATION NOV-2006-LR-0027 Nantahala Village - WWTP NPDES Permit NCO037737 Swain County Alan W. Klimek, P.E. Director Division of Water Quality This is to inform you that the Division of Water Quality has not received your monthly monitoring report for January 2006. This is in violation of Part II, Condition D (2) of the NPDES permit, as well as 15A NCAC 213 .506(a), which requires the submittal of Discharge Monitoring Reports no later than the thirtieth (30th) day following the reporting period. Failure to submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. You will be considered noncompliant with the self -monitoring requirements of. your NPDES permit until the report has been submitted. To prevent further action, please submit said report to Bob Guerra at the address shown below, within fifteen (15) days of receipt of this notice. The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or Discharge Monitoring Reports, please contact me at 919-733-5083, extension 539. Sincerely, sa',Q�C� Bob Guerra Western Region NPDES Unit cc: CDWQ=Asheville-Surface-Water-Protection_Supervisor Central Files F U MAR 2 8 2006 DO WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE �T.-..>.... .... "0ne NorthCarolina Xatura!!rf North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.ncwatergualiiy.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper John G Burton Mountain Ventures Limited 9400 U S Hwy 19 W Bryson City NC 28713 Dear Mr. Burton: Michael F. Easley, Governor William G. Ross Jr., Secretary Fr _ North Carolina Departmer.. , . !nviron -And atuA Resources P°lan W. ek, 61.E..Director.r) (' Division of V�ater Quality SURFACE WATER PROTECTION December 5, 2005 Partnership Asheville Reqional Office SUBJECT: Compliance Evaluation Inspection Nantahala Village Permit No: NCO037737 Swain County Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection, which Larry Frost and I conducted at your facility on November 18, 2005. The facility was found to be in Compliance with permit NC0037737. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff, have any questions, please do not hesitate to call me at 828-296-4500. Sincerely, Vj Keith Haynes 7 Environmental Specialist - Enclosure cc: Everette Lamar Williams, ORC Ce tral Files 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 NorthCarolina Adurally United States Environmental Protection Agency Washington, D.C. 20460 EPA Form Approved. !'i OMB No. 2040-0057 Water Compliance Inspection Report 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 I �I 2 I -I I NC0037737 111 121 O5/1. 1IS 117 181 CI 191 SI 20I II Remarks 21[. ���� IIIIIIII 1111111111IIIIIIII IIIII116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------------------------- Reserved ---------------------- 67I 169 70131 711 I 72 I p1 l 73 I__1 I 174 751 I I I I I I 180 Section. B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) Entry Time/Date Permit Effective Date P;antai:ala Village 02:10 PM 05/11/18 05/OS/01 9400 U S Hwy 19 W Exit Time/Date Permit Expiration Date Bryson City NC 28713 02:45 Pt•1 05/11/18 07/10/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Everette Lamar Williams/ORC/828-498-2211/ Name, Address of Responsible Official/Title/Phone and Fax Number John ' Burton, 9400 U S Hwy 19 W Bryson City NC Contacted 28713//828-488-2826/8264889639 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Operations & Maintenance ■ Facility Site Review 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 Keith Haynes ARC WQ/// `J Larry Frost_ ARO WQi/828-296-4500 Ext.4658/ ' Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roder C Edwards �h ARO WQi// % EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 ,NPDES yr/mo/day Inspection Type (cont.) 1 3I I11 .12I 117 18I d0003-737 05/"1'- Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The facility needs to have some general maintainance improvements as follows: 1)the block wall around the sand filter needs to be patched and capped/sealed on the top. 2)the distribution lines need to be checked for equal flow distribution and leveled where necessary. 3)at the time of this inspection, it appeared that the sand had not been raked in a while. the filter should be raked a least weekly to removed debris and algae growth and to keep the surface level to prevent ponding. The recirculation pumps were working properly. The effluent appeared to be of good quality. Another inspection will be scheduled in the future in order to collect samples. Page # 2 Permit: NCO037737 Inspection Date: 11/18/2005 Owner - Facility: Nantahala Village Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? I] ■ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ❑ ❑ ■ Judge, and other that are applicable? Comment: The area sround the sand filters should be cleaned to remove sand. The sand filter beds should be raked. Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n n Are the tablets the proper size and type? ■ n n n Number of tubes in use? 2 Is the level of chlorine residual acceptable? n n n ■ Is the contact chamber free of growth, or sludge buildup? ■ 110 n Is there chlorine residual prior to de -chlorination? ■ n n n Comment: De -chlorination Yes No NA NE Type of system ? . Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? ■ n n n Is storage appropriate for cylinders? p n ■ n # Is de -chlorination substance stored away from chlorine containers? ■ n n n Comment: Are the tablets the proper size and type? ■ Are tablet de -chlorinators operational? ■ Number of tubes in use? 4 Is the feed ratio proportional to chlorine appropriate? (Approximately ratio 1: 1) ■ n n n Comment: Sand Filters _ Low rate) Yes No NA NE (If pumps are used) Is an audible and visible alarm Present and operational? ■ n n n Is the distribution box level and watertight? ■ Is sand filter free of ponding? ❑ ■ n n Is the sand filter effluent re -circulated at a valid ratio? ■ ❑ 11 # Is the sand filter surface free of algae or excessive vegetation? n ■ n n # Is the sand filter effluent re -circulated at a valid ratio? (Approximately 3 to 1) ■ n n n Page # 3 Wd . Permit: NC0037737 Inspection Date: 11/18/2005 Sand Filters (Low rate Comment: Some areas of algae on filters. Owner - Facility: Nantahala Village Inspection Type: Compliance Evaluation Yes No NA NIP Page # 4 Certified Mail # 70151520 0003 5463 4736 Return Receipt Requested April 04, 2017 Kate Parkerson Roumelco Properties DBA Nantahala Village 9400 U S Hwy 19 W Bryson City, NC. 28713 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 1437215.1(a)(6) and NPDES WW Permit No. NC0037737 Roumelco Properties DBA Nantahala Village Nantahala Village WWTP Case No. LV-2017-0104 Swain County Dear Permittee: This letter tralnsml $-a Notice of liblai" and asspssrr er t of civil penalty rri the amount pi $366;62 ($250 00 crvrl penalty + _:..,_.. _.....b $116.62 enforcement costs) against Roumelco Properties DBA Nantahala Village. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DNa) submitted by Roumelco Properties DBA Nantahala Village for the month of June 2016. 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. NC0037737. The violations, which occurred in June 2016, are summarized in Attachment A to this letter. Based upon the above facts, I -conclude as a matter of law that Roumelco Properties DBA Nantahala Village violated the terms, conditions or requirements of NPDES WW Permit No. NCO037737 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 Roumelco Properties DBA Nantahala Village: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 $250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.N00037737, by discharging wastewater into the waters of the State in violation of the Permit Monthly Average for NH3-N - Conc. $250.00 TOTAL CWM PENALTY $116.62 Enforcement Costs. $366.62 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: (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; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (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 (8) The cost to the State of the enforcement procedures. 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: . = Payh ent::should be -made dir®ctly to the, order of the Department Of.Enviromuental 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 i 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 factual statements 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: (1) 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 Q 0) 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 Hearinlls: 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 of receipt of this 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 § 15013-23.2) 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: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 733-2698 Fax: (919) 733-3478 One (1) 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 = dateftime received stainp (not. a po9hnark); will'result in this mafterbeing referred io 1h6 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., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS NPDES Compliance/Enforcement Unit - Enforcer Environmental Inc./ ORC G:\WR\WQ\Sivain\WaS[CWater\N.inor5\Nantalmla Village Resort37737FL�,=<017-010d.rtf JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2017-0104 County: Swain Assessed Party: Roumeleo Properties DBA Nantahala Village Permit No.: NC0037737 Amount Assessed: $366.62 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. 14313-282.1(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: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF SWAIN IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Roumelco Properties DBA Nantahala Village ) Nantahala Village WWTP ) PERMIT NO. NCO037737 ) CASE NO. LV-2017-0104 Having been assessed civil penalties totaling $366.62 for violation(s) as set forth in the assessment document of the Division of Water Resources dated April 042017, 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 (3 0) days from the receipt of the notice of assessment. This the day of , 20 ATTACHMENT A Roumelco Properties DBA Nantahala Village CASE NUMBER: LV-2017-0104 PERMIT: NCO037737 REGION: Asheville FACILITY: ' Nantahala Village WWTP COUNTY: Swain LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value' Limit Type Amount 6/30/2016 6-2016 Nitrogen, Ammonia 2 X month mg/I 5.50 8.30 50.0 Monthly $250.00 Total (as N) - Average Concentration Exceeded DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) Violator: Roumelco Properties DBA Nantahala Village Facility Name: Nantahala Village WWTP Permit Number: NCO037737 County:, Swain Case Number: LV-2017-0104 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; One Monthly Average Ammonia Nitrogen exceeded the permit limit by 50%. 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 appearlo 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. $116.62 Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Permit Enforcement History Details by Owner 4/3/2017 1 Owner: Roumelco Properties DBA Nantahala Village ' Facility : Nantahala Village WWTP i Permit: NCO037737 + Region : Asheville County Swain i Penalty Remission Enf Enf EMC EMC OAH Collection Has Assessment Penalty Enforcement Request Conf Remission Hearing Remission Remission MemoSent Total Balance Pmt Case Case MR Approved Damages Received Held Amount Held Amount Amount To AGO Plan Closed PP Amount Costs Paid Due Number LV-1998-0138 9/25/98 $1,875.00 $70.06 10/20/98 12/8/98 $0.00 4/8/99 $1,000.00 $945.06 $0.00 No 5/6/99 LV-1998-0174 10/16/98 $2,900.00 $70.00 $0.00 10/20/98 12/8198 $0.00 4/8/99 $1,000.00 $1,970.00 $0.00 No 5/6/99 LV-1998-0244 11/20/98 $1,625.00 $70.00 12/10/98 2/3/99 $0.00 $1,695.00 No 11/8100 LV-2000-0404 9/25/00 $1,250.00 $100.00 10/25/00 1/23/01 $1,350.00 $0.00 No 1/23/01 LR-2009-0011 7-2009 9/28/09 $500.00 $100.00 2/3/10 $600.00 $0.00 No 4/22/10 LV-2010-0025 7-2009 1/19/10 $250.00 $70.00 6/10/10 $320.00 $0.00 No 9/1/10 LR-2010-0001 11-2009 1/25/10 $1.000.00 $100.00 6/10110 $1,100.00 $0.00 No 9/1/10 LV-2011-0089 10-2010 4/15/11 $250.00 $67.00 $317.00 $0.00 No 5/4/11 LV-2017-0104 6-2016 3/31/17 $250.00 $116.62 $366.62 No 9 Total Cases: 9 Total Penalty Amount: $9,900 Total Enforcement Cost: $763.68 Sum Of Total Paid: $5,252.06 Total Balance Due: $2,061.62 Sum of Total Case Penalties: $10,663.68 Total Penalties After Remissions: $7,313.68 NPDES PEJZMIT NO.: NCO037737 PERMIT VERSION: 4.0 d FACILITY NAME: NantaLla Village WWTP CLASS: WW-1 OWNER NAME: Roumelco Properties DBA Nantahala ORC: Mark Fredrick Teague Village GRADE: WW-2 ORC HAS CHANGED: No eDMR PERIOD: 06-2016 (June 2016) VERSION: 1.0 PERMIT STATUS: Active COUNTY: Swain ORC CERT NUMBER: 10920 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO q c U F 6 5 F E F d O n � E O ; in U O en `* a 2 cz 50050 00010 00400 50060 C0310 C0610 C0530 31616 Weekly 5 X week 2 X month 2 X week 2 X month 2 X month 2 X month 2 X month Instantaneous Grab Grab Grab Grab Grab Grab Grab FLOW TEMP-C pH CHLORINE BOD - Cone \h , NH3-N - Con TSS - Cone FCOLI BR 2400 clock Hrs 2400 clock Hrs YB/N mgd deg c su ug/l mg/1 mom' mg/1 #/100m1 1 1410 00:20 1 Y 24 2 1125 00:20 Y 0.0007 24 7.3 < 10 3 1640 00:20 Y 23.5 < 10 4 5 6 1420 00:20 Y 20.4 7 1040 00:20 Y 21 8 1235 00:20 Y 20.4 9 1130 00:20 Y 0.0007 19 7.5 < 10 15.2 15 < 16.7 < 4 10 1200 00:20 Y 21 < 10 11 12 13 1440 00:20 Y 24 1"Y vision at aier esaurc R s 14 1220 00:20 Y 24 15 1200 00:20 Y 22 �g 16 1400 00:20 1Y - _ 0.0007 23 7.3 1<10 _ U J $ 9 17 1100 00:20 Y 21 < 10 18 . s?donal ® 7at10Ci'" 19 ' ."_���:ha"•<iie ;?ar,cnei C) ce 20 1400 00:20 Y 21.5 21 1435 00:20 Y 22.5 22 1430 00:20 Y 23 23 1530 00:20 Y 0.0014 23 7.3 < 10 10.1 1.5 < 16.7 92 24 1530 00:20 Y 23 < 10 25 26 27 1340 00:20 Y 23 28 1035 00:20 Y 22 29 1440 00:20 Y 23 30 1140 00:20 Y 0.0007 23 17.4 < 10 Monthly Average Limit: 0.0078 - 30 5.5 30 200 Monthly Average: 0.00084 22.331818 0 12.65 8.25 0 9.591663 Daily Maximum: 0.0014 24 7.5 0 15.2 15 0 92 Daily Minimum: 0.0007 19 7.3 0 10.1 1.5 0 0 ****NoReporting Reason: ENFRUSE=NoFlow-Reuse/Recycle; ENVWTHR=No Visitation- Adverse Weather; NOFLOW=No Flow; HOLIDAY=NoVisitation- Holiday �Y����.-A.V- ®090 /� �,✓-�i -� ��� UG 2 2016 NPDES PERMIT NO.: NCO037737 PERMIT VERSION: 4.0 PERMIT STATUS: Active FACILITY NAME: Nantahala Village WWTP CLASS: WW-1 COUNTY: Swain OWNER NAME: Roumelco Properties DBA Nantahala ORC: Mark Fredrick Teague ORC CERT NUMBER: 10920 Village GRADE: WW-2 ORC HAS CHANGED: No eDMR PERIOD: 06-2016 (June 2016) VERSION: 1.0 STATUS: Processed COMPLIANCE Compliant A CONTACT PHONE #: 8285865588 SUBMISSION DATE: 08/01/2016 08/01/2016 ORC/Certifier Signature: Mark F. Teague E-Mail: environmentalinc@aol.com Phone #:828-586-5588 Date By this signature, I certify that this report is accurate and complete to the best of my knowledge. 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 II.E.6 of the NPDES permit. . 08/01 /2016 Permittee/Submitter Signature:*** Mark F. Teague E-Mail: environmentalinc@aol.com Pho #:828-586-5588 Date Permittee Address: 9400 U S Hwy 19 W Bryson City NC 28713 Permit Expiration Date: 10/31/2017 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: Environmental Inc. CERTIFIED LAB #: 57 PERSON(s) COLLECTING SAMPLES: Mark Teague CERTIFIED LABORATORIES PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting http://portal.ncdenr.org/web/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 parameters on the DMR for entire monitoring period. ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .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). Certified Mail # 7015 1520 0003 5463 1759 Return -Receipt Requested February 3, 2017 Kate Parkerson Roumelco Properties DBA Nantahala Village 94000SHwy 19W Bryson City, NC 28713 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0090 Permit No. NCO037737 Nantahala Village WWTP Swain County Dear Permittee: A review of the June 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the viola'tion(s). indicated below: Limit Exceedance Violationfs):- ---- Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Nitrogen, Ammonia Total (as 6/30/2016 '5.5 .8.25 Monthly Average Exceeded N) -.Concentration (C0610) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and' the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($251000.00) 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. 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 Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received. in this Office within the 10-day period, a civil penalty assessment may be prepared. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 4 . ' 4 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. 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, please contact Janet Cantwell 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 Cc: WQ'EAshevill'e-Regiona[-Office-Enforcement-File NPDES Compliance/Enforcement Unit - Enforcement File Environmental Inc./ ORC G:\WR\WQ\Swain\Wastewater\Minors\Nantahala Village Resort 37737\N0V-N0I-2017-LV-0040.rtf Enter Verity relations eia ens �j t initoring' irilab° i=acilfy; Nantabaia Vl 1age*VTP RoumeIc i *Location Effluent Propet ameterZ Nitrogen, Arn s DSantahala 06130P2016 ( Manual_ f-Dfetails eroraaon Re i ien: Inddent4 ption Monthly Average._. 06-2016 Courtly;. aspect lssigned . Report Type: Save.&f ecalcuIate':. B etaUs S1D"ViJ Certified Mail # 7016 1370 00016571 9468 Return Receipt Regulested May 22, 2017 Kate Parkerson Roumelco Properties DBA Nantahala Village 9400 0 S Hwy 19 W Bryson City, NC 28713 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0369 Permit No. NCO037737 Nantahala Village WWTP Swain County Dear Permittee: A review of the December 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation((): Sample Location Parameter Limit Reported Date Value Value Type of Violation 001 Effluent Nitrogen, Ammonia Total (as 12/31/2016 11 15.8 Monthly Average Exceeded N) - Concentration (C0610) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. 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 Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 1 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. - 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, please contact Beverly Price 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 NPDES Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\Swain\Wastewater\Minors\Nantahala Village Resort 37737\N0V-N0I-2017-LV-0369.rtf State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 NPDES PERMIT NO.: NCO037737 PERMIT VERSION: 4.0 FACILITY NAME: Nantahala Village WWTP CLASS: WW-1 OWNER NAME: Roumelco Properties DBA Nantahala ORC: Mark Fredrick Teague Village GRADE: WW-2 ORC HAS CHANGED: No eDMR PERIOD: 12-2016 (December 2016) VERSION: 1.0 PERMIT STATUS: Active COUNTY: Swain ORC CERT NUMBER: 10920 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO d 4 "1 e F e 5 ,Q e` u F' F O ti m O 0 u O C9 Z 50050 00010 00400 50060 C0310 C0610 C0530 31616 Weekly 5 X week 2 X month 2 X week 2 X month 2 X month 2 X month 2 X month Instantaneous Grab Grab Grab Grab Grab Grab Grab FLOW TEMP-C pit CHLORINE BOD - Cone 0:12 Coo TSS - Cone FCOLI BR 2400 eloek Ilrs 2400 clock Hrs YHf/N mgd deg c su ug/I mg/l mg/l mg/l #/100ml 1 1110 00:20 Y 11 7.2 < 10 2 1030 00:20 Y 0.0007 11 < 10 ' 3 4 5 1030 00:20 Y it 6 1100 00:20 Y 11 7 1030 00:20 Y 11 < 10 8 1030 00:20 Y 9 7.2 <10 <2 3.7 <10 <4 9 11140 00:20 Y 1 0.0007 7 10 11 12 1430 00:20 Y 10 13 1050 00:20 Y 10 14 1050 00:20 Y 10 7.2 < 10 15 1100 00:20 lY 1 10 < 10 16 1100 00:20 Y 0.0007 10 17 18 19 1130 00:20 Y 10 20 1045 00:20 Y 10 21 1045 00:20 ly 10 7.2 < 10 22 1140 00:20 Y 110 < 10 8.8 27.9 < 16.7 <4 23 0.0007 H 24 25 26 H 27 1200 00:20 Y 10 28 1500 00:20 Y 10 29 1100 00:20 Y 10 7.2 < 10 30 1000 00:20 Y 0.0007 10 < 10 ll Monthly Avenge Limit: 0.0078 30 +. 11 y 30 200 Monthly Average: 0.0007 10.05 0 4.4 1-St8. 0 1 Deily Maximum: 0.0007 11 7.2 10 18.8 27.9 0 0 ' Daily Minimum: 0.0007 7 7.2 0 0 3.7 0 0 **** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENV WTHR = No Visitation — Adverse Weather; NOFLO W = No Flow; HOLIDAY = No Visitation — Holiday NPDES PERMIT NO.: NCO037737 PERMIT VERSION: 4.0 FACILITY NAME: Nantahala Village WWTP CLASS: WW-1 . OWNER NAME: Roumelco Properties DBA Nantahala ORC: Mark Fredrick Teague Village GRADE: WW-2 ORC HAS CHANGED: No eDMR PERIOD: 12-2016 (December 2016) VERSION: I.0 PERMIT STATUS: Active COUNTY: Swain ORC CERT NUMBER: 10920 STATUS: Processed. SAMPLING LOCATION: DOWNSTREAM DISCHARGE NO.: 001 o 'F _ a Z 00010 Weekly Grab TEMP-C 2400 clock deg c 1 1108 9 x 3 4 5 6 7 8 1028 5 9 10 11 12 13 14 1048 5 15 16 17 18 19 20 21 1043 5 22 23 24 25 26 27 28 29 1058 5 30 31 Monthly Average Llmlt: Monthly Average: 5.8 Daily Ma:hnum: 9 Daily Miolmum: 5 **** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENV WTHR = No Visitation — Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation — Holiday NPDES PERMIT NO.: NCO037737 PERMIT VERSION: 4.0 FACILITY NAME: Nantahala Village WWTP CLASS: WW-1 OWNER NAME: Roumelco Properties DBA Nantahala ORC: Mark Fredrick Teague Village GRADE: WW-2 ORC HAS CHANGED: No eDMR PERIOD: 12-2016 (December 2016) VERSION: 1.0 PERMIT STATUS: Active COUNTY: Swain ORC CERT NUMBER: 10920 STATUS: Processed SAMPLING LOCATION: UPSTREAM IDISCHARGE NO.: 001 p E F � a` Z• 00010 Weekly Grab TEMP-C 2400 clock deg c 1 1105 9 2 3 4 5 6 7 8 1025 5 9 10 11 12 13 14 1045 5 15 16 17 18 19 20 21 1040 S 22 23 24 7s 26 27 28 29 1055 5 30 31 Monthly Average Limit: Monthly Average: 5.8 DAY Ma2hnum: 9 Daily Minimum: 5 """"NoReporting Reason: ENFRUSE=NoFlow-Reuse/Recycle; ENVWTHR=No Visitation— Adverse Weather, NOFLOW=No Flow; HOLIDAY=NoVisitation— Holiday NPDES PERMIT NO.: NCO037737 PERMIT VERSION: 4.0 FACILITY NAME: Nantahala Village WWTP CLASS: WW-1 OWNER NAME: Roumelco Properties DBA Nantahala ORC: Mark Fredrick Teague Village GRADE: WW-2 eDMR PERIOD: 12-2016 (December 2016) COMPLIANCE STATUS: Compliant ORC HAS CHANGED: No VERSION: 1.0 , CONTACT PHONE #: 8285865588 PERMIT STATUS: Active COUNTY: Swain ORC CERT NUMBER: 10920 STATUS: Processed SUBMISSION DATE: 01/31/2017 01/31/2017 ORC/Certifier Signature: Mark F. Teague E-Mail: environmentalinc@aol.com Phone #:828-586-5588 Date By this signature, I certify that this report is accurate and complete to the best of my knowledge. 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 II.E.6 of the NPDES permit. 01/31/2017 Permittee/Submitter Signature:*** Mark F. Teague E-Mail: environmentalinc@aol.com Phone #:828-586-5588 Date Permittee Address: 9400 U S Hwy 19 W Bryson City NC 28713 Permit Expiration Date: 10/31/2017 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. CERTIFIED LABORATORIES LAB NAME: Enviromnental Inc. CERTIFIED LAB #: 57 PERSON(s) COLLECTING SAMPLES: Mark Teague PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting http://portal.ncdenr.org/web/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 parameters on the DMR for entire monitoring period. ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .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). 'F773 ` G Ri�r(3l�lt 111 l DEL 2l✓C3`A J. �acttae t �iliEt�t''FG�N�A�Y�tibd<iTl` e - 1�7�ftGPt?P ;i i Certified Mail # 70151520 0003 5463 4798 Return Receipt Requested April 07, 2017 Kate Parkerson Roumelco Properties DBA Nantahala Village 9400 U S Hwy 19 W Bryson City, NC 28713 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. NCO037737 Roumelco Properties DBA Nantahala Village Nantahala Village WWTP Case No. LV-2017-0113 Swain County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $366.62 ($250.00 civil penalty + $116.62 enforcement costs) against Roumelco Properties DBA Nantahala Village. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Roumelco Properties DBA Nantahala Village for the month of July 2016. 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. NC0037737. The violations, which occurred in July 2016, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Roumelco Properties DBA Nantahala Village violated the terms, conditions or requirements of NPDES WW Permit No. NCO037737 and G.S. 143-215.l(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 Roumelco Properties DBA Nantahala Village: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 c $250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.N00037737, by discharging wastewater irito the waters of the State in violation of the Permit Monthly Average for NH3-N - Cone. $250.00 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $366.62 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: (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; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (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 (8) The cost to the State of the enforcement procedures. 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:. Suhmit.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 factual statements 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: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-2 82. 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 of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during nonnal 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 maybe 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 §150B-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: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 733-2698 Fax: (919) 733-3478 One (1) 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 (3 0) 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., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS c -WQS Ashev lle Regional Office - Enfor`cement ile--:1" NPDES Compliance/Enforcement Unit - Enforcement File Environmental Inc./ ORC G:\WRtiNQ'.Slvain:bVas[ewatcr�finors`�� xnt�haln Village Resort 3'737ILV-2017M 13:rtf JUSTIFICATION FOR.REMISSION REQUEST Case Number: LV-2017-0113 County: Swain Assessed Party: Roumelco Properties DBA Nantahala Village Permit No.: NC0037737 Amount Assessed: $366.62 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. § 14313-282.1(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 unavoidahle 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 COUNTY OF SWAIN IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Roumelco Properties DBA Nantahala Village Nantahala Village WWTP PERMIT NO. NCO037737 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO, LV-2017-0113 Having been assessed civil penalties totaling $366.62 for violation(s) as set forth in the assessment document of the Division - of Water Resources dated Apri107, 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 (3 0) 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 ATTACHMENT A Roumelco Properties DBA Nantahala Village CASE NUMBER: LV-2017-0113 PERMIT: NCO037737 REGION: Asheville FACILITY: Nantahala Village WWTP COUNTY: Swain LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 7/31/2016 7-2016 Nitrogen, Ammonia 2 X month mg/I 5.50 7.40 34.5 Monthly $250.00 Total (as N) - Average Concentration Exceeded DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) Violator: Roumelco Properties DBA Nantahala Village Facility Name: Nantahala Village WWTP Permit Number: NCO037737 County: Swain Case Number: LV-2017-0113 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; One Monthly Average Ammonia Nitrogen exceeded the permit limit by 34.54%. 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. $116.62 Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ . (!� La NPDES PERMIT NO.: NCO037737 PERMIT VERSION: 4_0 PERMIT STATUS: Active FACILITY NAME: Nantahala Village WWTP CLASS: WW-1 COUNTY: Swain OWNER NAME: Roumelco Properties DBA Nantahala ORC: Mark Fredrick Teague lE'-" ;ORC CEkT NUMBER: 10920 Village GRADE: W W-2 ORC HAS CHANGED: No D E C 08 ()16 eDMR PERIOD: 07-2016 (July 2016) VERSION: 1.0 Cr1Z T!V\ l;-)UB`STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO E F E F in a O E O v' O m o 2 Z c4 50050 00010 00400 50060 C0310 {9 :CO610 C0530 31616 Weekly 5 X week 2 X month 2 X week p 2 X month ,1 2 X month 2 X month 2 X month Instantaneous Grab Grab Grab Grab Grab Grab Grab FLOW TEMP-C pH CHLORINE BOD - Conc 1. NH3-N - Co - TSS - Cone FCOLI BR 2400 clock Hrs 2400 clock Hrs WRIN mgd deg c su ug/1 mg/1 mgfl mJ1 N/100m1 1 1200 00:20 Y 23 < 10 2 3 4 HOLIDAY 5 1100 00:20 Y 23 6 1130 00:20 Y 23 7 1135 00:20 Y 0.0014 23 7.3 < 10 17.8 9.1 < 12.5 <4 8 1550 00:20 1 Y 123 < 10 9 10 11 1100 00:20 Y 22.5 12 1450 00:20 Y 24.5 13 Illo 00:20 Y 24 14 1500 00:20 Y 24.6 7.3 < 10 15 1345 00:20 Y 0.0014 23 < 10 16 17 18 1050 00:20 Y 22.5 19 1410 00:20 Y 26 20 1450 00:20 Y 25.3 21 1350 00:20 Y 0.0014 25.8 7.3 < 10 13.2 5.7 < 16.7 144 22 1120 00:20 Y 24.9 < 10 23 24 25 1045 00:20 Y 24 26 1 1037 0020 Y 24 27 1105 00:20 Y 0.0014 24 7.3 < 10 18 1440 00:20 Y 24 < 10 29 1545 00:20 Y 24 30 31 Monthly Average Limit: 0.0078 30 5.5 30 200 Monthly Average: 0.0014 23.905 0 15.5 F 7.4 0 12 .. Daily Maximum: 0.0014 26 7.3 0 17.8 9.1 0 144 _ Daily Minimum: 0.0014 22.5 7.3 0 13.2 5.7 0 0 • >'NoRe o n�Re W No Flow-Reuse/Recycle; ENVWTHR=No Visitation- Adverse Weather; NOFLOW=No Flow; HOLIDAY=NoVisitation- Holiday iivision of Water Respt/�r�� 00 4 { ;(dater O1;:-RV Regional Operations ; Office_. NPDES PERMIT NO.: NCO037737 PERMIT VERSION: 4.0 PERMIT STATUS: Active FACILITY NAME: Nantahala Village WWTP CLASS: WW-1 COUNTY: Swain , OWNER NAME: Roumelco Properties DBA Nantahala ORC: Mark Fredrick Teague ORC CERT NUMBER: 10920 Village GRADE: WW-2 ORC HAS CHANGED: No eDMR PERIOD: 07-2016 (July 2016) VERSION: 1.0 STATUS: Processed COMPLIANCE: Compliant CONTACT PHONE #: 8285865588 SUBMISSION DATE: 11/30/2016 11/30/2016 ORC/Certifier Signature: Mark F. Teague E-Mail: environment inc@aol.com Phone #:828-586-5588 Date By this signature, I certify that this report is accurate and complete to the best of my knowledge. 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 II.E.6 of the NPDES permit. !r-LA-) w(% 11/30/2016 Perm ittee/Submitter Signature:*** Mark F. Teague E-Mail: environmentalinc@aol.com Pho a 4:828-586-5588 Date Permittee Address: 9400 U S Hwy 19 W Bryson City NC 28713 Permit Expiration Date: 10/31/2017 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. CERTIFIED LABORATORIES LAB NAME: Environmental Inc. CERTIFIED LAB M 57 PERSON(s) COLLECTING SAMPLES: Mark Teague PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting http://portaI.nedenr.org/web/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 parameters on the DMR for entire monitoring period. ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .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). Permit Enforcement History Details by Owner Cam,, 4/5/2017 1 Owner: Roumelco Properties DBA Nantahala Village. Facility : Nantahala Village VWVfP , Permit: NCO037737 .. Region : Asheville County Swain Penalty Remission Enf Enf EMC EMC OAH Collection Has Assessment Penalty Enforcement Request Conf Remission Hearing Remission Remission MemoSent Total Balance Pmt -Case Case MR Approved Amount Costs Damages Received Held Amount Held Amount Amount To AGO Paid Due Plan , Closed Number P LV-1998-0138 9/25/98 $1,875.00 $70.06 10/20/98 12/8/98 $0.00 4/8/99 $1,000.00 $945.06 $0.00 No 5/6199 LV-1998-0174 10/16/98 $2,900.00 $70.00 $0.00 10/20/98 12/8/98 $0.00 418/99 $1,000.00 $1,970.00 $0.00 No 5/6/99 LV-1998-0244 11/20/98 $1,625.00 $70.00 12/10/98 2/3/99 $0.00 $1,695.00 No 11/8100 LV-2000-0404 9/25/00 $1,250.00 $100.00 10/25/00 1/23/01 $1,350.00 $0.00 No 1/23/01 LR-2009-0011 7-2009 9/28/09 $500.00 $100.00 2/3/10 $600.00 $0.00 No 4/22/10 LV-2010-0025 7-2009 1/19/10 $250.00 $70.00 6/10/10 $320.00 $0.00 No 9/1110 LR-2010-0001 11-2009 1/25110 $1,000.00 $100.00 6/10/10 $1,100.00 $0.00 No 9/1/10 LV-2011-0089 10-2010 4/15/1.1 $250.00 $67.00 $317.00 $0.00. No 5/4/11 LV-2017-0104 6-2016 3/31/17 $250.00 $116.62 $366.62 No Total Cases: 9 Total Penalty Amount: $9,900 Total Enforcement Cost: $763.68 Sum Of Total Paid: $5,252.06 Total Balance Due $2,061.62 Sum of Total Case Penalties: $10,663.68 Total Penalties After Remissions: $7,313.68 ce: l a n Certified Mail # 7015 1520 0003 5463 1780 Return Receipt Requested February 3, 2017 Kate Parkerson Roumelco Properties. DBA Nantahala Village- 94000SHwy 19W Bryson City, NC 28713 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0092 Permit No. NCO037737 Nantahala Village WWTP Swain County Dear Permittee: A review of the July 2016 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 Nitrogen, Ammonia Total (as 7/31/2016 5.5 7.4 Monthly Average Exceeded N) - Concentration (C0610) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. 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 Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 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. Reminder: Pursuant to Perm. it. 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, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regi . I Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ NPDES Compliance/Enforcement Unit - Enforcem Environmental Inc./ ORC G:\WR\WQ\Swain\Wastewater\Minors\Nantahala Village Resort 37737\N0V-N0I-2017-l.V-0092.rtf tz—be _Ma 0 a ENVIRONMENTAL 1 i C r .seer-;Eiaatmwsiar sews I G' ! « Me Mailing Address: PO Box 954, Cullowhee, NC 28723 Phvsical Address: 2675 Skvland Drive, Svlva, NC _28779 (828) 586-5588 Physical Address: 240-D Swannanoa River Road, Asheville, NC 28805 (828) 350-8704 Toll Free: (800) 213-4035, Fax: (828) 586-0800, Email:Pi, ar http://www.environmentalinc.co/ February 14, 2017 North Carolina Department of Environment and Natural Resources Water Quality Regional Operations- Asheville Regional Office Attention: Janet Cantwell 2090 US Highway 70 Swannanoa, NC 28778 RE: Notice of Violation & Intent To Assess Civil Penalty Tracking #: NOV—2017-LV-0090 & NOV-2017-LV-0092 Nantahala Village WWTP NPDES Permit No. NCO037737 ivania /, County k Dear Ms. Cantwell, Per the Notice of Violation for Nantahala Village WWTP; the monthly average exceedance of the Nitrogen, Ammonia Total on 06/30/16 & 07/31/16 was due to the effluent recirculation pumps not being operable and currently the operator has no way to treat the Nitrogen, Ammonia Total because the pumps remain inoperable. The owner has been notified of the condition of the pumps. If you have any further questions, please feel free to contact me. Sincerely, RE ENE 00 WOMAN Mark Teague Environmental, Inc. F E B 1 7 2017 s' water MAY Aeglonal' p Certified Mail # 7015 1520 0003 5463 1780 Return Receipt Requested February 3, 2017 Kate Parkerson Roumelco Properties DBA Nantahala Village 94000SHwy 19W Bryson City, NC 28713 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0092 Permit No. NCO037737 Nantahala Village WWTP Swain County Dear Permittee: A review of the July 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s)• Sample Location Parameter 001 Effluent Nitrogen, Ammonia Total (as N) - Concentration (C0610) Limit Reported Date Value Value Type of Violation 7/31/2016 5.5 7.4 Monthly Average Exceeded A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. 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 Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 Certified Mail # 7015 1520 0003 5463 1759 Return -Receipt Requested February 3, 2017 Kate Parkerson Roumelco Properties DBA Nantahala Village 94000SHwy 19W Bryson City, NC 28713 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0090 Permit No. NCO037737 Nantahala Village WWTP Swain County Dear Permittee: A review of the ]une 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s). indicated below: Limit Exceedance Violationfs)•- Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Nitrogen, Ammonia Total (as 6/30/2016 5.5 8.25 Monthly Average Exceeded N) -. Concentration (C0610) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. 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 Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 Q�aao��ann Certified Mail # 7015 1520 0003 5463 4484 Return Receipt Requested April 21, 2017 Kate Parkerson Roumelco Properties DBA Nantahala Village 94000SHwy 19W Bryson City, NC 28713 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0261 Permit No. NCO037737 Nantahala Village WWTP Swain County Dear Permittee: 4� A review of the October 2016 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 Nitrogen, Ammonia Total (as 10/31/2016 5.5 18.1 Monthly Average Exceeded N) - Concentration (C0610) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. 1 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 Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations.. If no response is received in this Office within the 10-day period, a civil penalty assessmc-at may be prepared. State of North Caroli, .2090 U.S. Environmental Quality I Water Resources Highway, Swannanoa, NC 28778 1828-296-4500 i Remedial actions should have already been taken to correct this problem and prevent further occurrences in the i future. The Division of Water Resources. may pursue enforcement action for this and any additionalviolations. of State law. 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, please contact Janet Cantwell 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 9&&-mwnWQSHAsheVF a 1 Regional Office - En orcemen Films NPDES Compliance/Enforcement Unit - Enforcement File Environmental Inc./ ORC G:\WR\WQ\Swain\Wastewater\Minors\Nantahala Village Resort 37737\NOV-NOI-2017-LV-0261.rtf N Certified Mail # 70161370 000165718393 Return Receipt Requested June 27, 2017 Kate Parkerson Roumelco Properties DBA Nantahala Village 9400USHwy 19W Bryson City, NC 28713 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. NCO037737 Roumelco Properties DBA Nantahala Village Nantahala Village WWTP Case No. LV-2017-0191 Swain County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $366.62 ($250.00 civil penalty + $116.62 enforcement costs) against Roumelco Properties DBA Nantahala Village. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by Roumelco Properties DBA Nantahala Village for the month of October 2016. 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. NC0037737. The violations, which occurred in October 2016, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Roumelco Properties DBA Nantahala Village violated the terms, conditions or requirements of NPDES WW Permit No. NCO037737 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 Roumelco Properties DBA Nantahala Village: State of North Carolina I Environmental Quality I Water Resources' 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 049_� $250.00 1 of the 1 violations of 143-215. 1 (a)(6) and Permit No.N00037737, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for NH3-N - Cone. $250.00 TOTAL. CIVIL PENALTY $116.62 Enforcement Costs $366.62 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: (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; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (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 (8) The cost to the State of the enforcement procedures. 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 factual statements 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: (1) 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 farther 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 (0) dgys 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 of receipt of this 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 byNCGS 6150B-212) is received in the Office of Administrative Hearings within seven (7) busine"ss 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: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 733-2698 Fax: (919) 733-3478 One (1) 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., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS NPDES Compliance/Enforcement Unit - Enforcement File GaWR,WQ`s«'nin\R'aslewatar\Minors\NnnGdtaln Village Resort 37737\LV-2017-0191.rtf JUSTIFICATION FOR REAUSSION REQUEST Case Number: ]LV-2017-0191 County: Swain Assessed Party: Roumelco Properties DBA Nantah'ala Village Permit No.: NC0037737 Amount Assessed: $366.62 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: STATE OF NORTH CAROLINA COUNTY OF SWAIN IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Roumelco Properties DBA Nantahala Village Nantahala Village WWTP PERMIT NO. NCO037737 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE BEARING AND STIPULATION OF FACTS CASE NO. LV-2017-0191 Having been assessed civil penalties totaling $366.62 for violation(s) as set forth in the assessment document of the Division of Water Resources dated June 27, 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 (3 0) 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 ADDRESS TELEPHONE SIGNATURE PERMIT: NCO037737 FACILITY: Nantahala Village !! WTP LIMIT VIOLATION(S) ATTACHMENT A Roumelco Properties DBA Nantahala Village CASE NUMBER: LV-2017-0191 REGION: Asheville COUNTY: Swain SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount 10/31/2016 10-2016 Nitrogen, Ammonia 2 X month mg/I 5.50 18.10 229.1 Monthly $250.00 Total (as N) - Average Concentration Exceeded DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) Violator: Roumelco Properties DBA Nantahala Village Facility Name: Nantahala Village WWTP Permit Number: NCO037737 County: Swain Case Number: LV-2017-0191 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;' One Monthly Average Ammonia Nitrogen exceeded the permit limit by 229.09%. 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 two civil penalty enforcements in the twelve months, prior to this violation. 8) The cost to the State of the enforcement procedures. $116.62 Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ i NPDES PERMIT NO.: NC0037737 PERMIT VERSION: 4.0 F'ACILITYNAME: Nantahala Village WWTP CLASS: WW-1 OWNER NAME: Roumelco Properties DBA Nantahala ORC: Mark Fredrick Teague Village GRADE: WW-2 ORC HAS CHANGED: No eDMR PERIOD: 10-2016 (October 2016) VERSION: 1.0 PERMIT STATUS: Active COUNTY: Swain ORC CERT NUMBER: 10920 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO F w _ Q E u e u` F 'E d ti 2 H N { i a a 50050 00010 00400 50060 C0310 C0530 31616 weekly 5 X week 2 X month 2 X week 2 X month 2 X month 2 X month Instantaneous Grab Grab Grab Grab QGrab Grab Grab FLOW TEMP-C pH CHLORINE BOD-Cone TSS-Cone FCOLI BR 2400 dock Hrs 2400 dock Hrs YIBIN mgd deg c su ugll mg/1 mg/l #/100m1 1 2 3 1125 00:20 Y 0.0007 20 4 1030 00:20 Y 20 5 1050 00:20 Y 20 6 1500 00:20 Y 19 7.4 < 10 7 1030 00:20 Y 19 < 10 s 9 10 1150 00:20 Y 0.0007 19 11 1000 00:20 Y 19 12 1020 00:20 Y 18 13 1105 00:20 Y 18 7.3 <10 17.4 11.6 <12.5 <4 14. 0950 00:20 Y 18 < 10 >5 16 17 1020 00:20 Y 0.0007 18 18 1100 00:20 Y 18 19 0955 00:20 Y 17 7.4 < 10 20 1050 00:20 Y 17 < 10 21 1000 00:20 Y 17 22 23 24 0110 00:20 Y 0.0007 17 25 1036 00:20 Y 16 26 1110 00:20 Y 16 7.3 < 10 27 1120 00:20 Y 16 < 10 14A 24.6 < 16.7 13 28 1030 00:20 Y 16 29 30 31 11200 00:20 Y 0.0007 16 Monthly Average Limit: 0.0078 '30 5.5 30 200 Monthly Average: 0.0007 17.809524 0 15.9 18.1 0 3.605551 DalyMaximum: 0.0007 20 17.4 0 17.4 24.6 0 13 Daily Minimum: 0.0007 116 73 10 114.4 111.6 10 10 ****NoReporting Reason: ENFRUSE=No Flow-Reuse/Recycle; ENVWTHR=No Visitation -Adverse Weather; NOFLOW=No Flow; HOLIDAY =NoVisitation -Holiday NPDES PERMIT NO.: NCO037737 PERMIT VERSION: 4.0 FACILITY NAME: Nantahala Village WWTP CLASS: WW-1 OWNER NAME: Roumelco Properties DBA Nantahala ORC: Mark Fredrick Teague Village GRADE: WW-2 ORC HAS CHANGED: No eDMR PERIOD: 10-2016 (October 2016) VERSION: 1.0 COMPLIANCE STATUS: Compliant CONTACT PHONE #: 8285865588 PERMIT STATUS: Active COUNTY: Swain ORC CERT NUMBER: 10920 STATUS: Processed SUBMISSION DATE: 01/31/2017 01/31/2017 ORC'/Certifier Signature: Mark F. Teague E-Mail: environmentalinc@aol.com Phone #:828-586-5588 Date By this signature, I certify that this report is accurate and complete to the best of my knowledge. 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 H.E.6 of the NPDES permit. 01/31/2017 Permittee/Submitter Signature:*** Mark F. Teague E-Mail: environmentalinc@aol.com Phone #:828-586-5588 Date Permittee Address: 9400 US Hwy 19 W Bryson City NC 28713 Permit Expiration Date: 10/31/2017 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. CERTIFIED LABORATORIES LAB NAME: Environmental Inc. CERTIFIED LAB #: 57 PERSON(s) COLLECTING SAMPLES: Mark Teague PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting http://portal.ncdenr.org/web/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 parameters on the DMR for entire monitoring period. ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .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). ■ Complete items 1, 2, and 3. Also complete A. Si at ! ' item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse r J��_a ❑ Addre see �Vnted Name)- - C,. Date of Deliver) A �North Carolina Departmentbf 9 n�. -7 - •.^^ Environment and Natural Resources, i tDivision of Water Quality pss dke5rent,from ite:a�i1 11 YesU Surface Water Protection Section River address bel65f 0 Gib<- NCDENR 2090 U.S. Highway 70, Swannanoa, NC 28ZA f fy z --I Ly — I Q c, CHASE HARPER v I X } WESE INC dba NANTAHALA VILLAGE RESORT SPASZC eT b 9400 HIGHWAY 19 W rtified Mail ❑ press•Mail..__ 45 BRYSON CITY NC 28713 Igistered `LL ,-RetUrrn�FieceiptforMerrandise ❑ Insured Mail re�r��rr�e�rri�rlr��re��e�e�rr� I. Restricted Delivery? (Extra Fee) 7007' 14`90''0'00'4' 013 8`45T i ' w ) A10-( DR Form 2R11 Pohn inns 9nna hnmoe+in Rotnrn Rocoint 1n9FQFd9-M.15d UNITED STATES,POS, S ER /V 11 �C \�E :7 X • W"dOr Pleaseg.-fnt you'r6a\me\�, ress, and ZI WANDA FRAZIER RCDENR-DWQ-r. SWP 2090 U.S. HIGHWAY AY WANNANOA NC 28778 111111111fill 11111111 11111111111$ box 0 ■ Complete items 1, 2, and 3. ■ P.rintyour naMe and address on the reverse so that we'can return the card to you. b _ 1piece ' Kate Parkerson Gems-ral Manager Roumelco Properties d/bla Nantahala Village 9400 Hwy 19 West_:- E,^yson City, NC 28713 1AIIII0L_ Il�r�nllll X ature r ,1._,v"�e� Agent ❑ Addresse( B. Received by (Pdhte Name C. Date De I q1-11 D. 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Signa' Pdrit,your name and address on the reverse X So that we can return the card to you. Kate Parkerson, General Manager Rourrielco Properties f ell ressdiffNni t_ d/b/a Nantahala Village h E `deliver dress b `MMI!i hitiny-}9 West CIV Brysm City, NC 28713 i Ilil�ilni��y��;il�il�i��ii��ilnl�l��iii�lir�liiriil • �L�I� t�� a ..� �yxq�- d i IIIIIIII'll IIIIIIIIIIII IIIN IIII1l11IlIll: � I - 9590 9402 2119 6132 6490 79 7g1S 7,5:2� 0113 5?4 3 41 PS Form -.3811, July 2n1 & P.qm 7Fgn_nq_nnn_an-� of ❑ No 3. Se pe :jam ❑ Priority Mail Express® ❑ AdultSignatu O Registered MailT"' ❑ Adult Signature Res c d Delivery eertifledMail@ ❑ Registered Mail Restricte Delivery ❑ ertified Mall Restricted Delivery '1erchandef Receipt for ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfirmationT" Illnsused_Mail : • • • • : . p Signature Confirmation i Mail ResStotec] Delivery = Restricted Delive i. OD)e i AA in / 1/ /—" 1 nnmestic Raturn Re P t USPS TRACKING # 9590 9402 2119 6132 6490 79 United States o • Sender: Postal Service print your name, address, r JANET CANTWELL NCOEO-0INR*YIIOROS t .. 2090 U.S. HIGHWAY _ SWANNAN OA IN 2877709 First -Class iMail Postage & Fees Paid il USPS Permit No. GAD DP+40 in this box• I ■�Gorriplet Items 1, 2, and 3. A. signature ■ Print your name and address on the reverse X ILAgent so that we can return the card to you. ❑ Addre B. i e' rinfed Name) C. Dat of D li Kate.Parkerson, General Manager Nantahala Village -Inc. ryaddressVifferentfrom item ❑ Yes 3400 Hwy 19 West , enter dghr r address ew: ❑ No 3ryson City, NC 28713 fil�ilinrri1iilrilri11ii1111111:l(�ni�ll�rin�iil �iiti lil c�oo� ,II I I III IIII ICI I II I II II I II I I II III �I III !II ❑ eVice Typ_k' ❑ Priority Mail Express@ dutsi �El Registered Mai M it SignatRe ioted Delivery ❑ Registered MailRestrct( CedMl� etvrery9590 9402 1846 6104 5561 45 ife ai'striated Delivery n Receipt for ❑ Collect on ivery erchandise ❑ Collect on Delivery Restricted Delivery ❑ Signature Confirmationn _Article.Numher__(Transfer_fcomse[vice./a6e/) 7viol ❑ Signature Confirmation 7 015 1520 0003 . 5463 1780 Wig) I Restricted Delivery Restricted Delivery 7n14 LV-jObq`- Domestic Return USPS TRACKING # First -Class Mail III Postage & Fees Paid USPS Permit No. G-10 [-1- Ral - 1 9590 9402 8 6-6'104 5561 "45 United States Postal Service • Sender: Please print your name, address, and ZIP+411 in this box* a. r -LL 2090-E. .1A ET,11.� l-.L 7 NAHOANC 28778 V .1 ■ Complete items 1, 2, and,.3.. " " A. Signature ■ Print your name and address on the reverse - ❑ Agent so that we can return the card to you. 0 Addresse ■ Affnnh W. r.,A to +ho F—L, „ ; +ho —;;.,;— B. Receiv by (Printed Name C. Date of Deliver Kate Parkerson, General Manager I Roumelco Properties Ideliveryaddr d/b/a Nantahaja ;.Village Pr°_ HM ^di ntfromitem Yes ES, enter i addres6elow: o 9400 Hwy 1 eN st a o) ;' o L11 . Bryson City, N-k 28713 6' �t%4 cc CO APR 12 io» cc A 2913 iMF�p�ss® turee C'� IIII IIII IIII III I I II IIII I III II II' I I i I ❑ duzr�ultSignace No�bl II1�'lllll dult Signature Restricted Deliv Mail Restrict 9590 9402 2119 6132 6486 52 ertified Mali® ❑ Certified Mail Restdcted Delivery Delivery /� Return Receipt for ❑ Collect on Delivery erchandise Actirle.Number_[(ransfer_from_se[vice /abeQ ❑ Caliect on Delivery Restricted Delivery Wes, ❑ Signature Confirmation* l7 Signature Confirmation 7 y l 5 1,�5 2 0 0 0` 5 4 6�3 all �{ 17�`18'� `y ?JOY!I R� sfic�ed Dleliveryl t I t` Rytdcted Delivery t lDomestic PS;FOrm 381:1., JUIV 2015 P.SN 7530-02-000-9053 A- 4, �61 () . D I I q Return Re USPS TRACKING # First Class Mail Postage & Pees Paid USPS Permit No. G-10 9590 9402 2119 6132 6486 52 United States Postal Service o Imo' o 0 0 W Q � c 0 w! oC y a .S = o o iu • Sender: Please print your name, address, and ZIP+4® in JANETCANTWELL NCDEO-DWR-WOROS 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 box• ■ 'Com let( items 1,2rand 3. ■ Plur. nam`e�and=address on the reverse so we car�.Fettdrirthe card to you. Kate Parkerson, General Manager Roumelco Properties' . d/b/a Nantahala Village 9400 Hwy 19 West Bryson City, NC 28713 '�I�tl�Illnl'!!�'I�i�71Ej111�II��Or�cllll��i'�II�I 1111111111111111111111111111 IN II I1111 III III 9590 9402 2119 6132 6494 82 7pl 1,370 0001 j 1 571 E946 A. E3 Agent ❑ Addressee by (Printed Nam C. Date of Delivery m O s'I CID item 1? U Yes :low: ❑ No .. .,rice Type ZZ7 ❑ Priority Mail Expresso ❑ Adult Signature ❑ Registered MaJlTm P.Adult SignIN ❑ Registered Mail Restrict( �d� Mail® 11 ❑ rtified�bR cted Delivery jj t Delivery yq R_etum Receipt for Wlerchandise ❑ Collect on Delivery r-1 tct on Delivery Restricted Delivery ❑ Signature Confirmations Mail ; • .. • ; . . • ; • ❑ Signature Confirmation S i i 9 1Aail Restricted Dellvery' ! j ; i Restricted Delivery �vvr O) F i i: i i t I .. i i /Nr 1 i1L .lutiv 9Oi 5 psni �Fa'n� ri�-nnn_An�a M nl l _ 11..) A _> If . /7 ? 1A (i Domestic Return Receibt FitfiillIfff11111111111111!1;i ifiti►j'[fillIfif!i1(i(Iiff(111111 -E) •ON;nwad Sdsn pied S89=1 V OBe;Sod IM Sse10-1snd GOU40s 1e}sod sa;els POMUA 2F=assEa 20+• 0e9e IIIIII alllll���,�it gm llllllllplllll ■ Complete items 1, 2, aha l 3. ■ Print your name and address on the reverse Kate Parkerson, General Manager Roumelco Properties d/b/a Nantahala Village ;�4D0 kl A WesT-- _ Yj C 28713 9590 9402 1846 6104 5561 38 7pl5. ',5291 i0003 ; 54 A. SignatAe Pgent ❑ Addressee by (Printed Name) C. Date of Relivery . . 1 t 1 / // / in from item 1? ❑ Yes a; below: 1 ❑ No F E B 13 2017 3.V% icVTJPLY "Gy"" "" ..r ."' p Priority Pail Express® kAdu1tA§4Wt8le Regional OtflceRRP d MaIITM igna ure esMcted Delivery ❑ Registered MailRestrlcte fied MaN) Delivery fied Mail Restricted Delivery C<Return Receipt for El Collect on Delivery erchandise ---i. Delivery Restricted Delivery ❑ Signature Confirmation" jail ❑ Signature Confirmation 9 i ' ` Jail Restricted Delivery 7 ' : , Restricted Delivery ;(over.$500) i j 't 4 i I I i' I I { j ?S Fdr(n 381I1. Udiv 2015 jP,SN 7530-W-nn6-go8Mtbl%, 1n1 n. / - t/ , n.t -i h Domestic Return RNCe t USPS.JRA 11'e" zp- First -Class Mail Postage & Fees Paid USPS Permit No, G-10 9590 9402 -WL04 5561 M United States • Sender: Please print your name, address, and ZIP+4® in this box" Postal Service Q NCDE043WR4VQROS GWAy70 SWANNANOAHNC28778 ill, Id ifuT O!h! 11 Thi .11 illh! N 11.1iiii ...1 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. Cate Parkerson, general Manager Roumelco Properties ' ' i/b/a Nantahala-_tf_rilage 1400 Hwy 19 Weit 3ryson City, NP` 8.713 �1�'lllllnl�ll�'TIIIIIII�II�'�nllll�����ll�ll� rr IIIIIIIIIIIIIIIIIIII IIILIIII[I I11lIIIIIfI 9590 9402 2119 6132 6485 60 7©15 j1 20 ` 000 P9 Form 9811 ! JIIiV.2015 PRN A A. Sic ature X � ❑ Agent ❑ Addressee IIAWeVed by (Printed C. Date of Delivery •Yes - delivery a ifferent fro item YES, ent very addreslow: No to APR Ln Ln } d 2 ?Old 01 •, tv N C. 287i3 C jrvice type 'd Mail Express@ u-MultSignature Wt1 glsteM redMeIIT ❑' dult Signature Restricted Delivery ❑ Registered Mail Restrlcto Certifted Mall@ Delivery ertified Mail Restricted Delivery ��fi-etum Receipt for . ❑ Collect on Delivery �Neet.0 handise - ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfirmationTM — Mail i ❑Signature Confirmation 7i� 1 1 ``i, 1 of I F�estiictgd Deli? 1 I � ,estrictad Delivery , N/. -n� )� _ n ) /%I/ Domestic Returns _ ) Domestic Return Rec t USPS TRACIQNG # First -Class Mail Postage & Pees Paid • USPS Permit No. G-1 U `''1590 9402'`2 1'T tT.132 6485 60 , At6d states Sender: Please print your name, address, and ZIP+4® in this t,!, ' %Wall Service w 0 JANET CANTWELL no o NCDEO-DWR-WOROS W O '�' 2090 U.S. HIGHWAY 70 • - - __ - _ _ - N SWANNANOA NC 28778 OD r` o . U3 W c= . •o a m i 12 Q m ■ Cqjftte items 1,.2, and 3. Also complete a Sic iteRWIt Restricted Delivery Is desired. ■ Print your name and address on the reverse . North Carolina De �� • ; Environment and Natural Division of W NCDENR Surface Water Protect 2090 U.S. Highway 70, Swannanoa; CHASE HARPER WESEANC dba i NANTAHALA VILLAGE RESORT SPAi.�se' cesType� 9406 HIGHWAY 19 W �'Certi�e�""alL� BRYSON CITY NC 28713 ❑ Istered ❑ Insured Mail 4. Restricted Delivery? P i p0p,� ;0874 i 6420,1 "/ I h 1( Vnt from 1? ONs 4� ddress w: I�¢V 00 CO) P� 11t►.'�o;I :)S Form gR11 Fahri gar,, gnna nnfilPBtin RPtnm Rr -.Pint j" ❑ Yes\ - .6fi t n2595-02-M-154 UNITED STATES POSTAL SERVICE -1.4 �mc 'I', 0 Sender: Please print yo6r name, addresi, and f1P*4-fKthis box JANET CANTWELL NCDENR-DWQ-SWP 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 III I I I I I I I f II ■ Slete items 1, 2, and 3. Also complete 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: =Hwy atatlala Villa ge Resvtt 8. S.- 9 9W 28713 2. Article'Numbert 7 5 4 (Transfer from service label) A. ❑ Agent B. Reg -by (Printed Name) I C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. ervice Type O'Certiffied Mali ❑ Express Mail ❑ Registered ' ARetum Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Ywq 207 - �3864 UNITED STATES POSTAL SERVICE First -Class Mail Postage &Feud USPS Permit No. G-1 • Sender: Please print your name, address, and ZIP+4 in this box �vJ NCDENR < m L DWQ - Surface Water Protectio- m z 2090 U.S. Highway 70 M ^, �u Swannanoa, NC 28778 E p� o0 o - y-u7- ,— m tv 00 -H Vo I� n Z ::�:tt�:�:!ts:ti3:tlie5�:i:ett!=i=.tttt! t�si il'iti.t::t�e� 0 ■ C I.te items 1, 2, and 3. Also complete rB. it if Restricted Delivery is desired.Pr your name and address on the reverseso that'we can return the card to you. ■ m - 'tee A I North Caroling /•'�;� Environment and Na 1.1 2090 U.S. Highway 70, Swann-, NCDENR WILLIAM EILF WESE INC �dba-M1i,NTAHALa_V1LL/NIGE RESORT SPA 1251,TAYLOR LANE MiA 'p=LEHIGH ACRES -FL 33936- j : it 7 b6 2,l§ji 0009- i 4�i9t ; 61 4L by ( 3 S lceType �ified Mall ❑ Registel'ed ❑ Insured Mail 4. Restricted Deliv( fiiili U lttt�,�tE''10 � 0 Agent Addie'wel d Natne. Da of D liven f"liferenf:fi6mnitern rddress below 7 O U) ,p cv j/t (Exba-F.ee)—' ❑ lfas�! PR Fnrmi RR'11 gnnd. : .. - r)--fln Rnfi im P... 1n+ 1AVrQq-19.M-1r2 UNITED�TATES POSTAL SERVLGE lk First -Class Mail Postage & Fee's:Paid USPS Permit No. Q- iendjer.-Please r-name, address, and ZIP+4 in this box b cf:) 0 ■ C ete items 1, 2, and 3. Also complete A. Signature it if Restricted Delivery is desired. It eni; ■ Prour name and address on the reverse 0 �.f �❑ A� so that we can return the card to you. B. Received by (Printed Najnej otb"livep ■ Attach this card to the back of the mailpiece, ✓1 y I A11LIPPI-WK �h7 ina Department"of:' ❑EnNatural Resources sdifferent-i�ofi ftem41 very ares belowp+ 2090 U.S. Hinnanoa, Nc 28778, rn NCDENRtiz o-1 a - z o WILL'IAM EILF WESE ANC r' 3. ice Type i —" Certifiedldlil'f:I_xp're�s'Ma][----- dba NANTAHALA VILLAGE ,RESORT SPA . VO ftgisterec( etum R I ercttiaa �dise 1251 TAYLOR LANE #6A ❑ Insured lv►''il LEHIGH� ACRES FL 33936 a. Restricted Delivery? Pft Fee) ❑ Yes 7�Q( 215(] 000'5459 85 ri -114— PC Fnrm RR11 Fchninni gnnA r)-.fin Rnfnrn Rcncinf inorag-no.mirA UNITED STATES L-SE V 1,"T,VLT -1 ? JQ15 f"M 5 • Sender: Please print your name, address, anq4R+44;4_thL-,box--!- > lJ I < -4 M -171 'FANLrl' CAMAVELL NCDE\TR-D11'Q-S%1T I i C: '-I G E: — Fin, 2090 U.S. 1"GHWAY70 Swil%-NNANoA NC 2S778 Cf) M 0 N-5 CD C=) 4 M