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HomeMy WebLinkAboutNC0022497_Regional Office Historical File Pre 2018 (3)ROY COOPER Governor MICHAEL S. REGAN Mary UNDA CULPEPPER trrrrrin Director CERTIFIED MAIL #: 7016 1370 0000 2591 1711 RETURN RECEIPT REQUESTED Ms. Donna Day, Manager Cross Country Campground 6254 NC Hwy. 150 East Denver, North Carolina 28037 Dear Ms. Day: NORTH CAROLINA Environmental Quality 14 November 2018 FILE Subject: ,Notice.of.Violation • Compliance Evaluation Inspection Cross Country Campground WWTP NPDES Permit No. NC0022497 Catawba County Tracking #: NOV-2018-PC-0423 Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspections conducted at the subject facility on October 23 and November 8, 2018, by Mr. Wes Bell of this Office. Please inform the facility's Operator -in -Responsible Charge (ORC) of our findings by forwarding a copy of the enclosed report. This report is being issued as a Notice of Violation (NOV) due to the following: - Effluent composite samples were not being collected throughout a 24-hr. period; - Adequate laboratory controls were not being maintained (laboratory instrumentation used for field analyses not being properly calibrated and/or verified); - Discharge Monitoring Reports (eDMRs) from February 2018 through September 2018 had not been mailed in to the Division. All above -noted findings are violations of the subject NPDES Permit and North Carolina General Statute (G.S.) 143-215.1 as detailed in the Effluent Sampling, Laboratory/Summary, and Record Keeping/Summary Sections of the attached report. Please be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more than twenty-five thousand dollars ($25,000.00), or twenty-five thousand dollars ($25,000.00) per day when the violation is of a continuing nature, 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. North Carolina Department of Environmental Quality I Division of Water Resources 610 East CenterAvenue I Suite 301 I Mooresville, North Carolina 25115 704.663.1699 Permit NC0022497 Owner _Facility:, Cross Country Campground inspection Data: 10123/2018 Inspection Type: Compliance Evaluation Laboratory Are field parameters performed by certified personnel or laboratory? Are all other parameters(excluding field parameters) performed by a certified lab? # Is the facility using a contract lab?, # Is'proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? Incubator (BOD) set to 20.0 degrees Celsius +l- 1.0 degrees? Yes No NA NE ▪ ❑ ❑ ❑, • ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ Comment: On -site field analyses (dissolved oxygen, pH tern'perature, total residual chiorineYare performed under Metwater, Inc.'s field laboratory certification #5615. Water Tech Labs (Certification #50) has also been contracted to provide analytical support for all remaining permit -required parameters (BOO, TSS, ammonia, fecal coliform, total nitrogen, total phosphorus). See "Laboratory" Section for additional comments. Effluent Sampling. Is composite sampling flow proportional? Is sample collected below all treatment units? Is proper volume collected? Is the tubing clean? # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type representative)? Yes 'No NA NE ' • ❑ ❑-❑ a -❑ 0 ❑ MI ❑ ❑-CI •• ❑ ❑ ❑ • ❑ ❑• '❑: a ❑ ❑ ❑ Comment: The subject permit requires composite and grab effluent samples. The review of the sampler's program revealed that composite samples were not collected throughout a 24-hr. period. The sampler was started at 10:30 am on 11/7/18 and had stopped at 12:11 am on 11/8/1 B. Please be advised that composite samples are to be collected over a 24-hr. period as requiredby the NPDES Permit (Permit Condition reference: Part II, Section A Definitions — Composite Sample). The ORC should continue to become familiarized with the programming and operation of the sampler includinq_aliguot verifications/calibrations, purge count adjustments (prevent cross contamination in tubing), etc. In addition, the ORC must ensure that the start date/time and the end date/time are documented for the composite sampling events to verify compliance with the 24-hr. sampling period. Upstream ! Downstream Sampling Is the facility sampling performed as required by the permit (frequency, sampling type, and sampling location)? Comment: Several steps leading to the downstream sampling location need to be replaced/repaired. Yes No NA NE • ❑ ❑ ❑ Page# 4 Permit: NC0022497 Owner -Facility: Cross Country Campground Inspection Date: 10123/2018 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? • 0 ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable • 0 0 0 Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: The wastewater treatment facility appeared to be adequately treating wastewater at the time of the inspection. The ORC must ensure all process control measurements are documented. In addition, this Office recommends increasing the frequecv of the process control measurements. The facility is not equipped with a sludge holding tank. The ORC must ensure an adequate sludge wasting program is being implemented. Aeration Basins Mode of operation Type of aeration system Is the basin free of dead spots? Are surface aerators and mixers operational?. — Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin's surface? Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/I) Yes No NA NE Ext. Air Diffused MO DO • ❑ • ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ • 0 ❑ ❑ ❑ ❑ • ❑ Comment: The facility is not equipped with a treatment unit (bar screen, etc.) to remove paper debris, rags. etc. This Office recommends facility staff to inspect all aeration basin diffusers to ensure that there are no blockages (from paper debris, rags, solids, etc.) in the diffuser holes. Secondary Clarifier Is the clarifier free of black and odorous wastewater? Is the site free of excessive buildup of solids in center well of circular clarifier? Are weirs level? Is the site free of weir blockage? Is the site free of evidence of short-circuiting? Is scum removal adequate? Is the site free of excessive floating sludge? 1s the drive unit operational? Is the return rate acceptable (low turbulence)? Is the overflow clear of excessive solids/pin floc? Is the sludge blanket level acceptable? (Approximately A of the sidewall depth) Yes No NA NE MO OD ❑ ❑ • ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ ❑ ❑ • ❑ • ❑ ❑ ❑ •❑ ❑ ❑ • ❑ ❑ ❑ Page# 5 Permit: NC0022407 Inspection Date: 10/2312018 Owner - Facility: Cross Country Campground Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? • ❑ ❑ ❑ Are the tablets the proper size and type? • ❑ 0 0 Number of tubes in use? 1 Is the level of chlorine residual acceptable? • 0 0 0 Is the contact chamber free of growth, or sludge buildup? ❑ 0 0 • Is there chlorine residual prior to de -chlorination? •❑ ❑ ❑ Comment: Norweco tablets (calcium hvoochlorite) are used for chlorination. The chlorine contact chamber is not safely accessible for evaluation. De -chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? • 0 0 0 Is storage appropriate for cylinders? ❑ ❑ E ❑ # Is de -chlorination substance stored away from chlorine containers? 0 0 • ❑ Comment: Are the tablets the proper size and type? • 0 0 0 Are tablet de -chlorinators operational? NI ❑ ❑ ❑ Number of tubes in use? 1 Comment: Norweco tablets (sodium sulfite) are used for dechlorination. Flow Measurement - Effluent # Is flow meter used for reporting? Is flow meter calibrated annually? Is the flow meter operational? (If units are separated) Does the chart recorder match the flow meter? Yes No NA NE MI ❑ ❑ ❑ III❑ ❑ ❑ ▪ ❑ ❑ ❑ ❑ ❑ • ❑ Comment: The flow meter is calibrated annually and was last calibrated on 6/26/18 by Horizon Engineering & Consulting, Inc. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? •❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? • ❑ ❑ ❑ Page# 6 Permit: WC0022497 Inspection Date: 1012312018 owner - Facility: Cross Country Campground inspection Type: Compliance Evaluation Effluent Pipe Yes No NA NE If effluent (diffuser pipes are required) are they operating properly? 1:11:11MEI Comment: The effluent appeared clear with no floatable solids or foam. The effluent dissolved oxygen (DO), pH, and temperature were measured (during the inspection) at 7.4 mg/L (DO), 7.58 SU (pH), and 17.4 degrees Celsius (temperature). The receiving stream did not appear to be negatively impacted at the time of the inspection. o lllltioxl Control ka C I :uO‘ik,,, wr*6:.4L.4 W *nation Form P Mailing Address: City: Email address: Signature: Operata1 "SCC Nt:At " 15A 8C .0201 awn w415-0 F-�s-i- SUB 1 IT A PA RATE I Facility TyrtGrade: Biological W W'1P Physical/Chemical Collection System tRM FOR F;AC II TYPE SYSTEM! Operator in Responsible Charge + ORC) Print Full Name:I �. Pr .ro_rn o Certificate Type ! Grade Number: Signature: "i certify that I agree to my designation as the (atreratar.in Reslrortitit:barge tort 4acu and regulations pertaining to the responsibilities oftlae CtRC as set forth in 15A NCAC 08 Actions by the Water Pollution Control System Cl1, e ratot , Ccrtitiicat ir,n t; on�tecis itM,,."` Work Back -Up Operator in Responsible Charge (B! OW') Print Full Name: Certificate Ty Gra e I Number: Signa "1 certify that t a to tray si ation ac Pave asp (dl:arratr e i Rt slairns;iblc Char rules and a®nla «ns pertain stg to the resp nsibilitics of the 1st.' ORC iei sot forth in ➢isciplins " ,h =tins by the Wratet'1'ollutaon Control System t. neettin tw Mail, fax or email the WPCSOCC , 1618 flail Service- Center, Raleigh, NC Z7699 i $ Fax: 91.9:807.6492 rigoral to: mail: eertadtnin(ii net gor eon 9 n rted- t understand and will abide by the miles 4 d tailing to do so can result in Disciplinary Mall or fax a copy to the appropriate Regional Office: Asheville 2090 US Hwy' 70 Swannanoa 28778 Fax: 828199.7043 Phone: 828.2%.454$) Washington 943 Vi ashineton 'Sq \l U Washington 27889 Fax 252.946,9215 Phone: 252.946.6481 8301-50=43 0 00resvatte 610 1. Center Ave Suite 301 99 ti"attt liii iin"iton-Salonr 27107 Fax: 336,771.4631. Phone: 336.771.5000 Id. will abide by the do so can result in Raleigh 800 Bann-ett Dr Raleigh 27609 Fax: 9.19 571.4718 Phone:919.791.4200 Revised 02-2013 Bell, Wes From: dmetwater@aol.com Sent: Friday, June 09, 2017 1:24 PM To: Bell, Wes Cc: Donna.Day Subject: Follow up and Closure to Cross County Compliance Evaluation ORC Response Wes, The last remaining item of concern, within my control,... identified in your compliance inspection on May 11, 2017 for NPDES # NC0022497, was the relocating of the sample tubing inlet. (response deadline 6-14-17). This email is to inform you, that, on Thursday June 8, 2017 the samplers inlet tubing was repositioned directly into the effluent flow as required. All other concerns have been addressed as indicated in my previous email on May 26, 2017. Any further response concerning the EQ basin and alike will need to come from the owner. Any further questions, please advise. Dusty Metreyeon Metwater, Inc. 704.506.4255 Sent from Windows Mail i Bell, Wes From: dmetwater@aoicom Sent: Friday, May 26, 2017 12:44 PM To: Bell, Wes; Donna.Day Subject: Re: Cross Country Campground WWTP Sampler tubing repaired 5-22-17 prior to sampling event 23/24. Pulled 60 samples and almost full jug. 5-22-17 Dechlor box rinsed out...more mud and dirt than solids. Pumped all washed to effluent back to headwork's. 5-24-17 meet with Donna, explain needed pump out at scum box, 2 baffles in effluent manhole and influent manhole. Do not pump out prior to sampling event scheduled for next week. OK to pump after 10 am on Thursday June 1st. What questions do you have regarding the sampling time/composite samples? Did you by chance open the flow meter and pull out paper scroll to view past days while evaluating sampling volumes? Also, I cant remember if you left vmail or email concerning the follow up inspection. Please advise...what were • your suggestions? Dusty Metreyeon Metwater, Inc. 7045064255 Sent from Windows Mail From: wes.bell@ncdenr.gov Sent: Friday, May 19, 2017 9:10 AM To: Donna.Day Cc: 'dmetwater@aol.com' Good Morning Donna, I visited the wastewater facility yesterday morning, and verified the repairs to the concrete wall (repairs were adequate). Overall, with all corrective actions that have been implemented, the facility is back to being compliant; however, the following items will need to be addressed: Composite Sampler: - the sampler tubing from the pump system to the collection container was leaking significantly and preventing the sampler from collecting 100 mis. per sample (only collected 60 mis.), this tubing will need to be immediately replaced; - the location of the sampler tubing was placed in the old single sleeve dechlor unit, the tubing will need to be 1 relocated upstream ofthe V-notchweir; - | will discuss with Dusty the sampling time for Composite samples later,| reviewed the last sampling event ��� and have some questions; Wastewater Plant: - the scum layer in the influent manhole needs to be pumped out, and the contact chamber probably needs it also, if the hauler has room in the tank, the scum layer in the influent trough of the clarifier needs to be removed also. -asignificant amount ofsolids had deposited inthe dechlorunit, the unit needs tobeflushed out with all solids being either removed bythe hauler 0rreturned tothe plant influent. Iwill start working onthe inspection [gQort next week and you should have it soon. Please respond back to me to indicate how the above items will be addressed. Thank you for all your efforts tocorrect the previous issWes. Please feel tocontact roeifyou have any questions, | will return from the field early afternoon. Wes ----- Original &4essa8e---' From: Dunna.DGy[rnailtn:Donna.dgy@cccarnpground.conn Sent: Monday, May 15°2Q1712:O8PM To: Bell, Wes <Vves.bell @ncdenr.gov> Subject., RE: Cross Country Campground VV\&q'P VVeare done with our repairs, when are you coming back tminspect? WE NEED TOGET THIS FINISHED AND BACK |N[OMPL|/\NCE-.. Donna Day Manager Cross Country Campground From. Bell, Wes kwes.baU@nCdenr.guJvl Sent: Wednesday, March 2I-ZO175:4QPyN Tn:Oonna.Day Subject: Cross Country Campground WWTP Good afternoon Donna, |anmemneKingyou toget aoupdate unthe corrective actions (cleaning activities, etc.)tuthe old equalization basin. | have ernaUed one mfour permitting engineers to get guidance aStowhat you will have tOdoifyou want to demolish the basin (following cleaning out and properly disposing ofall the contents[ Once | get a response for the permitting group, | will inform you of your options. Thanks. Wes � s Bell - Wes.Bell@ncdenr.gov<mailto:Wes.Bell@ncdenr.gov> North Carolina Dept. of Environmental Quality Division of Water Resources Water Quality Regional Operations Section 610 E. Center Ave., Suite 301 Mooresville, NC 28115 Ph: 704.235.2192 Fax: 704.663.6040 [cid:image001.png@01D2A333.60B57510] E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. 3 ell, Wes From: Bell, Wes Sent: Tuesday, June 27, 2017 10:44 AM To: 'Donna.Day' Subject: RE: Cross Country Campground WWTP Good Morning Donna, There have been chronic problems with the information from our database being uploaded into the EPA's database/website and there continues to be issues. Our Central Office attempts to resolve these issues but from what I have been told, this will be an ongoing process. Cross Country Campground is currently compliant with the requirements of the Permit. You could have the insurance company contact me directly to discuss the compliant status of the facility. Wes -----Original Message ---- From: Donna.Day[mailto:Donna.day@cccampground.com] Sent: Friday, June 23, 2017 2:03 PM To: Bell, Wes <wes.bell@ncdenr.gov> Subject: RE: Cross Country Campground WWTP • Wes, Our insurance company is saying that according to EPA website we are still showing Non -complaint??? Can you tell me why the status hasnt changed? Donna Day Manager Cross Country Campground From: Bell, Wes [wes.bell@ncdenr.gov] Sent: Friday, May 19, 2017 9:10 AM To: Donna.Day Cc: 'dmetwater@aol.com' Subject: RE: Cross Country Campground WWTP Good Morning Donna, I visited the wastewater facility yesterday morning, and verified the repairs to the concrete wall (repairs were adequate). Overall, with all corrective actions that have been implemented, the facility is back to being compliant; however, the following items will need to be addressed: Composite Sampler: - the sampler tubing from the pump system to the collection container was leaking significantly and preventing the sampler from collecting 100 mis. per sample (only collected 60 mis.), this tubing will need to be immediately replaced; - the location of the sampler tubing was placed in the old single sleeve dechlor unit, the tubing will need to be relocated upstream of the V-notch weir; - I will discuss with Dusty the sampling time for Composite samples later, I reviewed the last sampling event and have some questions; Wastewater Plant: 1 - the scum layer in the influent manhole needs to be pumped out, and the contact chamber probably needs italso, il hauler has room in the tank, the scum layer in the influent trough of the clarifier needs to be removed also. - a significant amount of solids had deposited in the dechlor unit, the unit needs to be flushed out with all solids being either removed by the hauler or returned to the plant influent. I will start working on the inspection report next week and you should have it soon. Please respond back tnnnetoindicate how the above items will headdressed, Thank you for all your efforts tocorrect the previous issues. Please feel to contact me if you have any questions, I will return from the field early afternoon. Wes ----- Original Message --- Frorn:Dqnna.Day[mai|to:Donmaday@cccarmpground.com] Sent: Monday, May l5,2D17lZ:U8PM To: Bell, Wes <xxes.bel|@ncdenr.gov> Subject. RE: Cross Country Campground WWTP tVeare done with our repairs, when are you coming back toinspect? VVENEED TOGET THIS FINISHED AND BACK |N Donna Day Manager Cross Country Campground From: BeU,VWeskmes.be\@ocdenr.gov Sent: Wednesday, March 2Z,Z0175:40PK4 To:Donma.Day Subject: Cross Country Campground WWTP Good afternoon Donna, | am emai|in0you to get an update on the corrective actions (cleaning activities, etc.)tothe old equalization basin. | have nmai|edone ofour permitting engineers toget guidance astowhat you will have todnlfyou want tnderno|ishthe basin (following cleaning out and properly disposing of all the contents), Once | get oresponse for the permitting group, | will inform you mfyour options. Thanks. Wes Wes Bell ' Wes. Bell @ncdenr.gov«mailtV:VVes.BeU@ncdenr,gov> North Carolina Dept. of Environmental Quality 0wbinn of Water Resources Water Quality Regional Operations Section 61OE.Center 4ve,Suite 981 Mooresville, N[Z8l15 Ph:704.3352192 Fax:704`663,6040 2 Ti correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. 3 ater Resou EnviTo n1ental Quality ROY COOPER Governor MICHAEL S, REGAN Secretary S. JAY ZIMMERMAN Director May 26, 2017 Ms. Donna Day, Campground Manager Cross Country Campground 62.54 Highway 150 East Denver, North Carolina 28037 Subject: Follow-up Compliance Evaluation Inspection Cross Country Campground WWTP NPDES Permit No. NC0022497 Catawba County Day: Enclosed is a copy of the Compliance Evaluation Inspection Report for the final follow-up inspection conducted at the subject facility on May 11, 2017, by Mr. Wes Bell of this Office. Multiple follow-up inspections were performed to confirm the facility's corrective actions to the violations noted during the December 1, 201.6 inspection. Please inform the facility's Operator -in -Responsible Charge (ORC) of our findings by forwarding a copy of the enclosed report. This Office would like to thank all facility staff involved with the implementation of the corrective actions, These actions have adequately addressed the previously noted violations; however, there were issues noted during this on -site visit. It is requested that a written response be submitted to this Office by June 14, 2017, addressing the concerns noted in the Operation and Maintenance, Effluent Sampling, Chlorination/Tablet, and Dechlorination Sections of the attached report. In responding, please address your comments to the attention of Mr. Wes Bell. Should you have any questions concerning this report, please do not hesitate to contact Mr. Bell at (704) 235-2192, or via email at s.be,llt ncc en .gov. Sincerely, %= t W. Corey Basinger, Regional Supervlsor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosure: Inspection Report cc: Catawba County Health Department. WB MSC-1617 Central -Basement State of North Carol b Env' omentad Quality] Water Resources 1 Water Quality Regional Operations Mooresvi'ile Regional Office 1610 East Center Avenue, Suite 310 1 Mo©reTitle, North Carolina 28115 704663-l699 I 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 yrlmo/day Inspection Type inspector Fac Type 1 H 2 I 1 3 I Nc0022497 111 121 17105/18 117 18 1 ;1 19 1 c I 20I 1 21(111I1 1II I11111 11 1 11 1111 1 1 11111 1Ii 11111I I I Inspection Work Days Facility Self -Monitoring Evaluation Rating 6712.0 I 70I� I .7 B1 QA Reserved 72 Li 731 I 174 751 1 1 1 1 I 1 (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) Cross Country Campground 6254 NC Hwy 150 E Denver NC 28037 Entry lime/Date 10:15AM 17/05/18 Permit Effective Date 15/09/01 Exit liimelDate 11:20AM 17/05/18 Permit Expiration Date 20/04/30 Name(s) of Onsite Representative(s)lTitles(s)/Phone and Fax Number(s) /11 Dustin Kyle Metreyeon/ORC/704-506-4255/ Other Facility Data Name, Address of Responsible Offscial/tlelPhone and Fax Number Donna Day,6254 NC Hwy 150 E Denver NC 280371Managerl704-483-589717044835801 Contacted Yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance I. Records/Reports MI Self -Monitoring Program 1. Sludge Handling Disposal Facility Site Review 111 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 Inspecr(s) Agency/Office/Phone and Fax Numbers Wes Bell L / MRO WQIR04-663-1699 Ext21921 Date r 25/17 Signature of Managemen rQ R viewe Andrew Pitner 0 Agency/Office/Phone and Fax Numbers Date 11704-663-1699 Ext.21 EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page# 1 NPDES NC0022497 12 yrimolday 17/0541,8 Inspection Type 1S (Cont.) Section D: Summary of Finding/Comrnents (Attach additional sheets of narrative and checklists as necessary) The 5/18/17 inspection is the final follow-up evaluation to the initial Compliance Evaluation Inspection performed on 12/1/16. DWR staff performed multiple follow-up site inspections in February 2017 and additional time was given for the emptying and repair of the former flow equalization tank. The ORG was present during the confirmation of the corrective actions to the tablet chlorinator and dechlorinator, effluent sampler, flow measuring device, and on -site documentation in February 2017. This inspection report is a summary of all the follow-up site visits/inspections. Page# 2 Permit: NC0022497 Owner -Facility: Cross Country Campground Inspection Date: 05/1812017 inspection Type: Compliance Evaluation 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? Yes No NA NE ❑ ❑ • ❑ • ❑ ❑ ❑ ▪ ❑ ❑ ❑ ■ ❑ ❑❑ ▪ ❑ ❑ ❑ Comment: The permit description lists the facility as a 0.065 MGD wastewater treatment facility. During follow-up site visits to the UPI Ott 6 inspection, DWR staff performed preliminary volume measurements on the aeration basins and flow equalization tank. The volumes of the aeration basins and flow equalization tank were determined to be approximately 20 - 25,000 gallons (all aeration basins combined) and 45,000 gallons (equalization tank). Record Keeping 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 24l7 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? Facility has copy of previous year's Annual Report on file for review? Yes No NA NE II ❑ ❑ ❑ ID ❑ ❑ ▪ ❑ ❑ ❑ ▪ ❑ ❑ ❑ MOOD • • • • • 11000 ❑ ❑ ■ ❑ ❑ ❑ 1 ❑ ID ❑ ❑ ® ❑ ❑ ❑ MOOD III ❑ ❑ ❑ ❑ ❑ 1 ❑ Page# 3 Permit: NC0022497 Inspection Date: 05/18/2017 Owner - Facility: Cross Country Campground Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Comment. Records (sludge disposal, DMRs, chain of custody forms, lab analyses, etc.) were being properly maintained in the Campground Manager's Office: The ORC has initiated the documentation of all on -site activities into a single log book (note, pad). Note The ORC uses this same log book for multiple wastewater treatment facilities. All applicable information is transcribed from this log book to the edmr, The ORC must ensure all documentation in the log book is organized and legible. In addition, the ORC must alsognsure th t the De ittee is Provided copies f all on -site activities (co ration an maintenance data, process controlmeasurementsetc as u r by the permit, This Office r mmencls the usage of a separate logbook for each wastewater facility to ensure the required information is being adequately provided to the permittees, Effluent Sampling Is composite sampling flow proportional? Is sample collected below all treatment units'? Is proper volume collected? Is the tubing clean? # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type representative)? Yes No NA NE • 000 ‚ ODD DUDD • 000 •000 MOOD Comment: The subiect permit rem res composite and grab effluent samples, The sampler was reprogrammed to properly collect effluent samples and a new building was installed to house the sampler. Although the no sampling was being performed during this inspection, the aliquot volume was measured at 60 mls, A significant leak in the, tubin between p,p and sample container) was observed during the aliquot verification arid appears to be the reason for the low pliquot vim, tnaddition. the tubino inlet was placed into the old dechlonnation unit (single sleeve/floatable unit) following the V-notch weir, The permittee and ORC u t e nsure that the m le tuLng re lacejnili not volu of 100 rnis (at a minimum) are collected prior to the next P g event In dhtiQ1 sleeve/Ito ta, le Unit should be re_mov-d and the sampler tubing inlet must be reposiioned directly into the effluent flow, Upstream 1 Downstream Sampling Is the facility sampling performed as required by the permit (frequency, sampling type, and sampling location)? Comment: New hand railing was in December 2016, Yes No NA NE DODD along the s am samplinq loation in Operations & Maintenance Is the plant generally clean with acceptable housekeeping? Does the facility analyze process control parameters, for ex: ML Solids, pH, DO, Sludge Judge, and other that are applicable? , CRT, Settleable Yes No NA NE ‚DOD 'ODD Page# 4 Permit: NC0022497 Owner - Facility: Cross Country Campground Inspection Date: 05118l2017 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Comment: The corrective actions noted in the Effuent Sampling, Flow Measurement,ChlorinationfTablet, and Dechlorination/Tablet Sections were completed by the end of December 2016. The wastewater treatment facility appeared to be adequately treating wastewater at the time of the inspection. The ORC and staff must ensure that process control measurements are performed and documented. A significant layer of solids was observed in the influent manhole. This layer of solids should be removed and properly disposed within the near future. Equalization Basins Yes No NA NE Is the basin aerated? ❑ ❑ ■ ❑ Is the basin free of bypass lines or structures to the natural environment? ❑ 0 II ❑ Is the basin free of excessive grease? ❑ El • ❑ Are all pumps present? ❑ ❑ • 0 Are all pumps operable? ❑ ❑ •❑ Are float controls operable? ❑ ❑ MI ❑ Are audible and visual alarms operable? El ❑ •❑ # Is basin size/volume adequate? El El I ❑ Comment: The flow equalization tank has not been in service for many years and it does not appear that the treatment unit is connected to the influent collection system. The equalization tank 'was converted to an aerated sludge holding tank several years ago; however, this treatment unit has not been used in this application in several years. The damaged section (and associated leakage) on the wall for the former sludge holding/flow equalization tank has been repaired. The liquid contents was pumped back to the head of the wastewater treatment facility and all sludge was removed by a contracted company (Lake Norman Septic). Aeration Basins Mode of operation Type of aeration system Is the basin free of dead spots? Are surface aerators and mixers operational? Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin's surface? Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/I) Yes No NA NE Ext. Air Diffused IN ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ MI ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ II ❑ Page# 5 Penn NC0022497 Inspection Data: 05/1812017 owner - Facility: Cross Country Campground inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Comment: The results of the 30-minute settleability test perfQrmed during the inspection was 130 mUL with a cloudy supernate. Secondary Clarifier Is the clarifier free of black and odorous wastewater? Is the site free of excessive buildup of solids in center well of circular clarifier? Are weirs level? Is the site free of weir blockage? Is the site free of evidence of short-circuiting? Is scum removal adequate? Is the site free of excessive floating sludge? Is the drive unit operational? Is the return rate acceptable (low turbulence)? Is the overflow clear of excessive solids/pin floc? Is the sludge blanket level acceptable? (Approximately % of the sidewall depth) 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? Yes No NA NE III 0 El 0 0 0•0 ▪ 00 II El 0 II El 0 0 IM 0 0 El • 0 El El DOUD •D El El ‚DOD III 0 El 0 Yes No NA NE • DDD ' DOD 2 ODD. II 0 0 0 DOD. Comment: The tablet chlorinator was properly re -installed and placed back into operation. No floatable solids were observed in the chlorine contact chamber:, however, access to the chamber is, difficult. The permittee should investigate making the contact chamber accessible for inspection and maintenance activities (solids removal, etc.) without impairing the structural integrity of the tr atment unit. De -chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? 0 0 II El Is storage appropriate for cylinders? El El • 0 # Is de -chlorination substance stored away from chlorine containers? 0 E:l III 0 Page# Permit: NC0022497 Owner - Facility: Crass Country Campground inspection Date: 05I1812017 inspection Type: Compliance Evaluation De -chlorination Yes No NA NE Comment: Are the tablets the proper size and type? Are tablet de -chlorinators operational? Number of tubes in use? 11 ❑ ❑ ❑ • ❑ ❑ ❑ 1 Comment: A new tablet dechlorination unit (multiple tubes) was installed following the chlorine contact chamber. A layer of solids had accumulated in the tablet dechlorination unit. The unit should be cleaned within the near future with all solids being collected and properly disposed/treated. Flow Measurement - Effluent # Is flow meter used for reporting? Is flow meter calibrated annually? Is the flow meter operational? (If units are separated) Does the chart recorder match the flow meter? Yes No NA NE • ❑ ❑ ❑ ■ ❑ ❑ ❑ • ❑ ❑ ❑ Comment: The cable type flow meter has been replaced with a new bubbler type flow meter and chart recording system (1SCO). The flow meter was calibrated on 12/28/16 by Horizon Engineering and Consulting and will be calibrated annually. Effluent Pipe Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? Yes No NA NE 1 ❑ ❑ ❑ 11 ❑ ❑ ❑ ❑ ❑ • ❑ Comment: The effluent appeared clear with no floatable solids. The receiving stream did not appear to be negatively impacted. Page# 7 Bell, Wes From: Donna.Day <Donna.d; Pcccampground.com> Sent: Thursday, March 23, 2017 9:55 AM To: Bell, Wes Subject: RE: Cross Country Campground WWTP We have disposed of all of the contents of the basin and are in the process of getting estimates on getting it repaired.. WE WILL NOT DEMOLISH THE BASIN WE WILL MAINTAIN IT FOR THE 65K PERMIT... I will contact you once the work is complete and the repairs are done. Thank you for the update. Donna Day Manager Cross Country Campground From: Bell, Wes [wes.bell@ncdenr.gov] Sent: Wednesday, March 22, 2017 5:40 PM To: Donna.Day Subject: Cross Country Campground WWTP Good afternoon Donna, I am emailing you to get an update on the corrective actions (cleaning activities, etc.) to the old equalization basin. I have emailed one of our permitting engineers to get guidance as to what you will have to do if you want to demolish the basin (following cleaning out and properly disposing of all the contents). Once I get a response for the permitting group, I will inform you of your options. Thanks. Wes Wes Bell - Wes.Bell@ncdenr.gov<mailto:Wes.Bell@ncdenr.gov> North Carolina Dept. of Environmental Quality Division of Water Resources Water Quality Regional Operations Section 610 E. Center Ave., Suite 301 Mooresville, NC 28115 Ph: 704.235.2192 Fax: 704.663.6040 [cid:image001.png@01D2A333.60B57510] E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. i Bell, Wes From: Donna.Day <Donna.day@cccampground.com> Sent: Wednesday, March 01, 2017 1:35 PM To: Bell, Wes Subject: RE: Cross Country Pictures of old equalization basin/digester Ok we will get started on repairing the old basin where it is leaking. Donna Day Manager Cross Country Campground From: Bell, Wes [wes.bell@ncdenr.gov] Sent: Wednesday, March 01, 2017 1:13 PM To: Donna.Day Subject: RE: Cross Country Pictures of old equalization basin/digester Yes. Original Message -- From: Donna.Day[mailto:Donna.day@cccarnpground.com] Sent: Wednesday, March 01, 2017 1:12 PM To: Bell, Wes <wes.bell@ncdenr.gov> Subject: RE: Cross Country Pictures of old equalization basin/digester Am l to understand that in order for us to become complaint again, we must repair the old basin? Donna Day Manager Cross Country Campground From: Bell, Wes [wes.bell@ncdenr.govj Sent: Tuesday, February 28, 2017 5:29 PM To: Donna.Day Cc: 'dmetwater@aol.com' Subject: Cross Country Pictures of old equalization basin/digester Good afternoon Donna, As was discussed last Thursday with you, I confirmed by the measurements of the aeration basins, that the aeration basin capacity of the treatment facility is approximately 25,000 gallons. We will need to keep this in mind if additional sites are connected to the treatment system. I did note a serious concern with the damaged concrete structure for the old equalization basin/aerobic digester and the small leakage originating from the damaged area. Please see the attached pictures I included with this email. The concrete structure will need to be immediately repaired to ensure the structure is stable and to also stop the leakage of 1 wastewater (I suspect that this basin was not properly cleaned out when it was taken out of service years ago). Priority should be given to stop the leak and repair the basin, especially to prevent the leakage from getting worse and from potentially entering the creek via direct discharge or from the runoff of stormwater during rainfall events. I will perform an additional follow-up inspection to verify the corrective actions prior to the issuance of the inspection report (give you time tocorrect this insoe). In addition, | have a few recommendations that are asfo||ovvs� 1\PrPvi4ingasafeaccesstmthech|o/ineountactchamobe/tuaDoxwb»rtbercrnoxa|ofwastevvate,soUds1hotaccurnu|ate inthis basin, 2) Looking at possibly sectioning off a portion of the old equalization basin to allow the operator the ability to waste sludge into. Please feel free to contact me if you have any additional questions or concerns. This email looks little different from the previous emai|sdue to rUm attaching the pictures from the work phone. Wes Note, To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled, 2 Bell, Wes From: James <thurmanhorne@earthlink.net> Sent: Monday, February 20, 2017 6:26 PM To: Bell, Wes Cc: Dusty Metreyeon Subject: Re: Cross Country Campground ISCO Flow Measurement Yes I did at the time when I installed the new meter. I checked the configuration, tested to verify the communication between the meter and the sampler and checked the calibration of the sample volume being collected on each pulse. Thurman Sent from my iPad On Feb 21, 2017, at 7:10 AM, Bell, Wes <wes.bell@ncdenr.gov> wrote: Thurman, Thanks for the info. One other question. Did you happen to scroll through the sampler's configuration to verify the sampler's setup since the installation of the new flow meter? Thanks again for your assistance. Wes From: James[mailto:thurmanhorne@earthlink.netj Sent: Monday, February 20, 2017 5:51 PM To: Bell, Wes <wes.bell@ncdenr.gov> Cc: Dusty Metreyeon <dmetwater@aol.com> Subject: Re: Cross Country Campground ISCO Flow Measurement Hi Wes, I had set it to pulse at once per 300 gallons but, since there was a problem of not pulling enough sample aliquots one day, last week we changed that to pull once every 150 gallons. I hope this helps. Regards, Thurman Sent from my iPad On Feb 21, 2017, at 5:52 AM, Bell, Wes <wes.bell@ncdenr.gov> wrote: Hello Thurman, Hope you are enjoying your traveling and the weather is good. I have a quick question regarding the new ISCO flow measurement system that was installed at the Cross Country Campground in Catawba County. Do you remember what the gallons per pulse 1 FPI111111r- was set on the flow meter? l forgot to check it while I was there. If you can't remember, no problem. Hope you are having fun in the sun!! Wes Wes Bell - Wes.Bell@ncdenr.gov North Carolina Dept. of Environmental Quality Division of Water Resources Water Quality Regional Operations Section 610 E. Center Ave., Suite 301 Mooresville, NC 28115 Ph: 704.235.2192 Fax: 704.663.6040 <image001.png> E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. Metwa e 1000 Wooddhu December 30, 2016 Mr. Wes Bell, Division of Water Resources, Mooresville Regional Office 610 East Center Avenue, Sui Mooresville North Caro Dear Mr. Bell, This letter and accompar letter of violation generated 1 mm your intended to apprise you of the rerun( required or recommended follow tip Cicoutd d di cirig conducted November 30, 2016 and ic: Nib: 281.10 To facilitate a comprehens concern from one (1) t.hrougl for any subsequent core Retrieve five (°=5) the sludge hauling proviel property n7anage 2. Repair flow meter strip recorder: with an ISCO model 4230 on 1. -2 i 16 by H 1r 3. Reinstall tablet feed chlortnntoL watery grave °v and functioning as intended since tlatirt 4. Reactivate existing approval of tablet d 20-16, we have opted to application. We are grate installation of an accepted ind NOV-201 i-PC-01' 2 1 crmit# NC0022497 s County Campground ty nutr,°. 3nSe to a contents are dress any inspection of se these numerical references paid invoices from a.age,. are on site in the ow meter was replaced ing. (pic attached) ;�edrr s- lvaged from its 1 2- 1,1 teen • delays associated with the customary ATC requirement. Cross Country Campground has approved and Metwater, Inc. is actively in communications with vendor (USA Bluebook, case # CF13849) to provide the necessary equipment. The installation will be performed by the facility maintenance staff and supervised by Metwater, Inc. 5. Effluent composite sampler programmed: On 12-6-16 Horizon Engineered attempted to calibrate the workings of the existing flow metering and sampling equipment, only for Metwater, Inc. to conclude 12-8-16, that due to the age and poor condition of the existing flow meter, the sampler could no longer reliably provide permit required flow proportional sampling. See item #2...a building for the sampler was also provided to ensure dependable operation through the winter months. (plc attached) It should be noted,. following the failed attempt to reprogram the existing flow meter and provide for flow proportional sampling, you agreed during the interim of flow meter replacement, to allow grab and time based sampling for the weeks of 12-8-16 and 12-15-16 respectively....without violation. 6. Prevent clogging of RAS piping (return activated sludge): The facility's maintenance staff replaced the failing covers over four (4) out of the five (5) aeration basins, however, left the influent basin and clarifier uncovered to ease in the required daily operational duties. The property manager has discussed the budgeting for the eventual covering of the entire dry well but this plan is currently only conceptual. 7. Provided safe sampling access downstream: on 12-21-16, the facility's maintenance staff installed handrails on the existing steps leading to the designated downstream sampling site. We hope our efforts and plans meet with your approval. Your professionalism and common sense approach allowing for the allocation of time and monies in areas best beneficial for compliance and not the perfunctory engineering and construction approval fees is greatly appreciated. Should you have any questions, concerns or need additional follow up please do not hesitate to call or contact me directly at 704.506.425E or diet tert<aol.com. Since etr ater„Inc. „D CC Donna Hood, Cross Country Campground (email) Tony Gragg, Water Tech Labs (email) 1/Wes Bell, NCDEQ (email) / Z go- 20/4 Attachment: Page 2 Water Resources _ __ _ ENVIRONMENTAL QUALITY .s December 8, 2016 CERTIFIED MAIL #: 7015 1520 0002 6984 7740 RETURN RECEIPT REQUESTED Ms. Donna Day, Campground Manager Cross Country Campground 6254 Highway 150 East Denver, North Carolina 28037 Dear Ms. Day: — - I 1 1 1 T MCC1.-i RORY j.--J L_ciovernor DONALD R. VAN DER VAART Secretary .S. JAY ZIMMERMAN Director Subject: Notice of Violation Compliance Sampling Inspection Cross Country Campground WWTP NPDES Permit No. NC0022497 Catawba County Tracking #: NOV-2016-PC-0629 Enclosed is a copy of the Compliance Sampling Inspection Report for the inspection conducted at the subject facility on November 30 and December 1, 2016,,by Mr. Wes Bell of this 'Office. Please inform the facility's Operator -in -Responsible Charge (ORC) of our findings by forwarding a copy of the enclosed report. The results of the sampling performed during the inspection will be forwarded under separate cover. This report is being issued as a Notice of Violation (NOV) due to the facility's failure to properly operate and maintain the treatment system, install an approved dechlorination system, and maintain sludge disposal records, which are violations of the subject NPDES Permit and North Carolina General Statute (G.S.) 143-215.1, as detailed in the Record Keeping, Effluent Sampling, Disinfection -Tablet, Dechlorination, and Flow Measurement Sections of the attached report. Pursuant to•G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation, per day 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. In order for the facility to return to compliance, the permittee must initiate the following corrective actions by December 30, 2016: retrieve sludge disposal records for previous five years; repair flow meter strip chart recorder; reinstall a tablet chlorinator (dual sleeve); and either reactivate liquid dechlorination system with appropriate shelter or apply,for Authorization -to -Construct (AtC)`for the installation of an approved dechlorination system. The effluent composite sampler shall be properly programmed prior to the next sampling event. Note: The ORC informed this Office (via email) that the composite sampler was reprogrammed prior to the sampling event during the week of December 4, 2016. State of North Carolina [Environmental Quality 1 Water Resources j Water Quality Regional Operations Mooresville Regional Office 1610 East Center Avenue, Suite 3011 Mooresville, North Carolina 28115 704 663 1699 Fs. Donna Day Fag Two December 8, 2016 It is requested that a written response be submitted to this Office by December 30, 2016, detailing the actions taken to resolve the non -compliant issues noted in this report. The response should also include the measures taken to both prevent -the clogging issues associated with the RAS system (Secondary Clarifier) and ensure a safe access for the sampling staff at the downstream sampling location. Any questions concerning AtCs should be directed to. Mr. Ron Berry, Engineer/NPDES Complex Permitting Unit. He can be reached either by telephone at 919-807-6396 or via email at ron.berry@ncdenr.gov. In responding, please -address your comments to the attention of Mr. Wes Bell. Should you have any questions concerning this report, please do not hesitate to contact Mr. Bell at (704) 235-2192, or via email at wes.bell@ncdenr.gov. W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosure: Inspection Report cc: Catawba County Health Department MSC-1617 Central -Basement WB EPA United States Environmental Protection Agency Washington. D.C. 20460 • Water -Compliance Inspection Report Section A: National Data System Coding (i.e;., PCS) Form Approved. OMB No. 2040-0057 Approval expires 8-31-96 Transaction Code NPDES yr/mo/day 1 Ili] 2 H I 3 I NCoo22497 .111 . 12 I 16/11/30 117 18 11 19 I c f 201 21I I I I I I I I I I II I I I I I I 1 1 1 I I I I I I I I I I I 1 I 1 II 1 I I I I I� Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA Reserved 6712.0 I 70 71 I I 72 i . I 73I 1 174 1 1 .I I 1 I I i60 Inspection Type Inspector Fac Type Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also Include POTW name and NPDES permit Number) Cross Country Campground 6254 NC Hwy 150 E Denver NC 28037 Entry Time/Date 12:40PM .16111/30 Permit Effective Date 15/09101 Exit lime/Date 03:20PM 16/11/30 Permit Expiration Date 20/04/30 Name(s) of Onsite Representative(s)lTtles(s)IPhone and Fax Number(s) 11I - Dustin Kyle Metreyeon/ORCR04-506-4255/ Name, Address of Responsible Officialffitle/Phone and Fax Number Donna Day,6254 NC Hwy 150 E'Denver NC 28037/Campground Manager/704-483-5897/7044835801 Contacted Yes Other Facility Data Section C: Areas Evaluated During Inspection (Check only those areas evaluated) ▪ Permit Flow Measurement NI Operations & Maintenance 11 Records/Reports ▪ Self -Monitoring Program Sludge Handling Disposal 11 Facility Site Review El Effluent/Receiving Waters ▪ Laboratory • Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary), Name(s) and Signature(s) of Insp s) Agency/Office/Phone and Fax Numbers Date Wes Bell >, t� .vtil MR0 WQlR04-663-1699 Ext2192/ P - A ! 16 Signature of Managemen Q A Reviewer 1.' Andrew Pitner Agency/Office/Phone and Fax Numbers Date RO WQ11704-663-1699 Ext.21; \2 . \10 EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page# 1 NPDES NC0022497 yr/mo/day inspection Type 121 16/11130 1 17 16 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) RECORD KEEPING SECTION coned: NPDES records are maintained in the Campground Manager's Office. Sludge disposal records were not found during the inspection. Please be advised that the permittee is required to retain sludge disposal records for a period of five years and provide access for Division representatives to records required by the permit (Permit Conditions Reference: Part II, Sections D(6) — Records Retention & Section D(8) — Inspection & Entry). The June and July 2016 operation & maintenance (O&M) data was reviewed on -site. The ORC must ensure the following is documented/maintained: all process control data; flow meter totalizer readings (verify reported flow values), and any materials (notepads, etc.) that O&M data, lab data, etc. was originally transcribed onto. EFFLUENT SAMPLING: The sampler completed all 48 samples in a 10.5 to 11 hr. period. In addition, the sampler was collecting significantly more than 101 ml. aliquots (programmed amount) when tested during the inspection. The sampler must be reprogrammed to ensure flow proportional samples are collected throughout a 24-hr. period without overfilling the sample container. Monthly aliquot vertifications should also be performed (and documented) to ensure proper volumes are being collected. Please be advised that composite sampling must be performed according to permit (Permit Condition Reference: Part ii, Section A Composite Sample). Note: The ORC should be provided a copy of the Owner's Manual to ensure the composite sampler operates properly during future sampling events. DISINFECTiONiTABLET: If a dual sleeve tablet chlorinator is installed at the previous location (prior to the chlorine contact chamber), then no prior Division approval via Authorization-to-Construct(AtC) will be required. If any alternative chlorination processes are being considered, then an AtC application with engineered plans and specifications (sealed by a Registered PE in NC) will have to submitted to the Division for approval. DECHLORINATiON: The permittee should provide a building for the liquid dechlorination system if this is the desired system. This building could also be used to provide shelter for the composite sampler. The location in the piping system for liquid dechlorination (prior to flow measurement) appears to be adequate (proper contact time and mixing) and would not require the relocation of the suction inlet for the effluent composite sampler. If a tablet dechlorination system is considered, then the permittee would be required to pursue the AtC approval process as previously discussed in the above paragraph (DISINFECTION/TABLET SECTION). Page# 2 Permit: NC0022497 • Owner -Facility: Cross Country Campground Inspection Date: 11/30/2016 Inspection Type: Compliance Sampling Permit - - - -- Yes No NA NE- - - (lf 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? ❑ ❑ • ❑ • ❑ ❑ ❑ II ❑ ❑ ❑ • ❑ ❑ ❑ 'ODD Comment: The last compliance evaluation inspection was performed at the facility on 12/13/11 by DWR staff. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ❑ • 0 0 Is all required information readily available, complete and current? 0 • 0 ❑ Are all records maintained for 3 years (lab. reg. required 5.years)? • 0 0 0 Are analytical results consistent with data reported on DMRs? • 0 ❑ 0 Is the chain -of -custody complete? III 0 0 0 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? • 0. 0 0 Has the facility submitted its annual compliance report to users and DWQ? ❑ ❑ • 0 (If the facility is = or a 5 MGD permitted flow) Do they operate 24/7 with a certified operator ❑ ❑ I ❑ on each shift? Is the ORC visitation log available and current? • 0 0 ❑ is the ORC certified at grade equal to or higher than the facility classification? • 0 0 ❑ . is the backup operator certified at one grade less or greater than the facility classification? -pi 0 ❑ ❑ Is a copy of the current NPDES permit available on site? • ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ❑ ❑•❑ Comment: Discharge Monitoring Reports (DMRs) were reviewed for the period October 2015 through September 2016. No effluent limit violations were reported. No effluent total nitrogen and total phosphorus values were reported in the third quarter of 2016. The inspection' verified that the samples were collected and analyzed in July 2016; therefore, an amended July 2016 edmr will be resubmitted to the Division. See °Summary" Section for additional comments. ' - .. , Page# 3 Permit: MC0022497 Owner - Facility: Cross Cour/1N Campground Inspection Date: 11/30/2016 inspection Type: ComPaance SainP11119 Roca d Keeping Laboratory Are field parameters performed by certified personnel or laboratory? Are all other parameters(excluding field parameters) performed by a certified lab? # Is the facility using a contract lab? # Is proper temperature set for sample storage (kept at less than or equal to 80 degrees Celsius)? Incubator (Fecal Colifomi) set to 44.5 degrees Celsius+/- 0.2 degrees? Incubator (BOO) set to 20,0 degrees Celsius +/- 1.0 degrees? Yes No NA 0 0 ROOD III 0 El 0 ‚ODD El El II 0 0 E3 II 0 Comment: On -site field analyses (dissolved oxvgen, pH, temperatyrejotal residual chlorine) are,, performed, under Metwater„ Inc's field laboratory certification #5615. Water Tech L bs LBOD, TSa, ammonia, fecal conform, total nitrogen, total phosphorus) has also been contracted to Provide analytical support. The effluent thermometer (normally left in the waste stream) used for compliance monitoring must be verifi annually against a NIST traceable temperature measuring device. The pH meter is calibre ed with three buffers; however, a check standard buffer is not analyzed to verify the meter's calibration. The pH meter must read the check standard buffer within +h- al aV Effluent Sampling Is composite sampling flow proportional? Is sample collected below all treatment units? Is proper volume collected? Is the tubing clean? # Is proper temperature set for sample storage (kept at less than or equal to 6,0 degrees Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type representative)? Yes No NA NE III El II 0 0 0 ROOD II 0 El El RDDD DUDO Comment: The permit requirrequires effluent mpoJte an arab . The effluent sampler was n t programmed properly and did not collect effluent samplesthroughout the en ire 24-hr, erkd The m m I r ai)roxumateIy 1O5 to 11 hrs In addthoi the effluent composite sampling location was pc4 correct, See _Summary Section for additional comments. Upstream I Downstream qarripting Is the facility sampling performed as required by the permit (frequency, sampling type, and sampling location)? Comment: The upstream and downstream samplipg locations were corr improvements to the woQdnJteos leadingto incorporated to ensure a safe access for the semolina staff, Yes No NA NE MOOD Page# 4 FPermit:, NC0022497 Owner - Facility: Cross Country Campground Inspection Date: 11/30/2010 Inspection Type; Compliance Sampling • Upstream 1 Downstream Sampling • Yes No NA NE Operations & Maintenance 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? - Yes No NA NE i-DOD IN ❑ ❑ ❑ Comment: The facility appeared to be adequately treating the wastewater; however, operation' and maintenance issues were noted during the inspection. See following Secondary Clarifier. Disinfection/Tablet. Dechlorination.•and Flow Measurement Sections for additional details. This office recommends increasing the frequency of process control testing by the ORCloperations staff to multiple events throughout each month. Aeration Basins Yes No NA NE Mode of operation Ext. Air Type 'of aeration system ' Diffused Is the basin free of dead spots? � ❑ ❑ ❑ Are surface aerators and mixers operational? _ ,❑ ❑ 'U 0 Are the diffusers operational? , L , • ❑ 0 ❑ Is the foam the proper color for the treatment process? 1 ❑ ❑ ❑ Does the foam cover less than 25% of the basin's surface? - • ., ❑ 0 0 Is the DO level acceptable? ■ ❑ ❑ ❑ is the DO level acceptable?(1.0 to 3.0 mg/I) 0 0 • 0 Comment: Lime is added on an as -needed basis. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? _ • ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ .• ❑ Are weirs level? ID ❑ ❑ Is the site free of weir blockage? IN❑ 0 0 Is the site free of evidence of short-circuiting? ❑ Is scum removal adequate? ❑ 0 ❑ Is the site free of excessive floating sludge? 0 ❑ ❑ Is the drive unit operational?, ' ❑ .❑ MI ❑,„ Is the return rate acceptable (low turbulence)? • . • 0 '0 ❑ • ❑ ❑ ❑ ‚'DOD Is the overflow clear of excessive Solids/pin floc? Is the sludge blanket level acceptable? (Approximately 'A of the sidewall depth) • Page# .5 Permit: NC0022497 Inspection Dale: 11/30/2016 ownor - Cross Country Campground inspection Type: Compliance Sampling Secondari Clarifier Yes No NA Comment: The ORC had to unclog the, RAS system (not returning activated sludge) during the 11/ 0/16 site visit. The RAS system is prone to clogging due to leaves,d bris, etc. The Permittee should provide a protective screening structure for the secondary clarifier (allowing access to the air valves and RAS system) to prevent future ologgingloperational issues. Plea e be advised that the subiect permit requ'res the permittee to properly operate, and maintain all facilities and systems of treatment and cont I at all times !Permit Condition Reference: Part II, Section (2) — Proper Operation and Maintenancel. 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? Yes No NA NE DIDO NI El 0 0 E 0 III 0 0 El III El Comment: Disinfection has been performed by the placement of chlorine tablets in the secondary clarifier effluent trough. The previously approved tablet chlorination unit had broken off from the piping system several years ago and was never reinstalled. The usage of chlorine tablets in the clarifier trough as the disinfection unit does not m-et the Division's minimum design requir merits, Please be advised that the subject permit requires the permittee to properly operate and maint in all facilities and systems of treatment arid controlt all times fPermit Condition Reference: Part II, Section C (2) — Proper Operation and Maintenancel. See "Summary" Section for additional comments. 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 Comment: Are the tablets the proper size and type? Are tablet de -chlorinators operational? Number of tubes in use? iners? Yes No NA NE Tablet II 0 0 1111 0 0 MI 0 II El 0 0 0 0 Ill 0 Comment: The facility is currently using an unapproved tablet dechlorination device (floating tablet gevice for swimming pools). In addilion, the ()cation of this unit (dow gradient of the V-notch weir) may not allowsufficient contaciwith the tablets (durina low flowerioth and mixing with the wastestream prior to sampling (composite and arab samples). See °Summary" Section for additional comments. Page# 8 I Permit NC0022497 Inspection Date: 1i/30/2016 Owner - Facility: Cross Country Campground Inspection Typo: Compliance Sampling Flow Measurement - Effluent # Is flow meter used for reporting? Is flow meter calibrated annually? • is the flowmeter operational? (If units are separated) Does the chart recorder match the flow meter? Yes No NA NE _• . ▪ ❑ ❑ ❑ • ❑ ❑ ❑ ❑ • ❑ ❑ ❑ ❑ • ❑ Comment: The flow meter is calibrated annually and was last calibrated on 7/1/16 by Horizon Engineering & Consulting, Inc. The effluent flow is measured by a 45 degree V-notch weir and cable type flow meter with . strip chart recording. The strip chart recording system was not operational. Please be advised that the subiect permit requires the permittee to properly operate and maintain all facilities and systems of treatment and control at all times 'Permit Condition Reference: Part II, Section C (2) — Proper Operation and Maintenancej. Effluent Pipe is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? Yes No NA NE ■ ❑ ❑ ❑ 111 ❑ ❑ ❑ ❑ ❑ 111 ❑ Comment: The effluent appeared clear with trace suspended solids and no foam. The receiving stream did not appear to be negatively impacted. The results -of the effluent grab samples collected and analyzed by DWR staff on 12/1/16 are as follows: 7.0 SU (pH); 15 degrees Celsius (temperature); 7.6 mq/L (dissolved oxygen); and 15 ug/L (total residual chlorine). All effluent results complied with the applicable permit limits. L DWR staff also split effluent composite samples with the ORC on 12/1/16: however these samples will not be evaluated for compliance due to the sampling period not covering an entire 24-hr. period as required by the permit. Aerobic Digester Is the capacity adequate? Is the mixing adequate? Is the site free of excessive foaming in the tank? # Is the odor acceptable? # Is tankage available for properly waste sludge? Yes No NA NE • ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ▪ ❑ ❑ ❑ Comment: The flow equalization basin was converted to an aerobic digester several years ago. The aerobic digester has been previously taken out of service. Sludge is removed on an as -needed basis and by a contracted company (L & L Environmental). Page# 7 Water Resources ENVIRONMENTAL QUALITY July 18, 2016 CERTIFIED MAIL 7009 2250 0000 8087 1153 RETURN RECEIPT REQUESTED Mr. Wray Frazier Cross Country Campground 6254 NC Hwy 150 E Denver, NC, 28037 Subject: Notice of Violation NOV-2016-PC-0273 Failure to Register & Submit Electronic Discharge Cross Country Campground NPDES Permit NC0022497 Catawba County Dear Mr. Frazier: PAT MCCRORY Governor .DO'NALD R. VAN DER VAART Secretary S. JAY ZI14 IMERMAN Director onitoring Reports (eDMRs) Per the terms of your NPDES permit, you were required to register f►tr, and begin using, the eDMR system by 5/28/2016. Our records indicate that as of the date of this letter, the subject facility is not registered and not submitting data electronically, Failure to register and begin submitting reports electro ically is a violation of the teens of your permit, subjecting you to a possible assessment of civil penalties. In order to reduce the risk of receiving additional enforcement action, you must complete your registration and submit your July 2016 DMR electronically on or before August 31, 2016.. The Division has prepared a website devoted to all aspects of eDMR, including registration for its use, obtaining an eDMR user account, andanswers to frequently asked questions. You are encouraged to visit the website at: int ,/des nc }2,9\fal)outidivisions wate iesowcesl duu`, Should you have further questions regarding eDMR after reviewing the website's content, or have need of further assistance, you should contact Derek Denard at 919-807-6307 or derek.denard@ncdenr.gov. Thank you for your cooperation in this matter, cc: NPDES File Central Piles Repot DWR.� State of°N 1.617 Mail Set ely, ay Lin unerman, Division of Water Resources tity' Water Re,©urees bear ina 27699-1617 919-'707-90(( Water Resources ENVIRONMENTAL QrLOA(,.Ii7 June 24, 2016 Wray Frazier Cross Country Campground 6254 NC Hwy 150 E Denver, NC 28037 Subject: NPDES Electronic Reporting Requirements Cross Country Campground NPDES Permit Number: NC0022497 Dear NPDES Permittee: PA"r Mt't'RORY DONAf-1) R. YAN DER VAART S. JAY ZIMMERMAN The U.S. Environmental Protection Agency (EPA) recently published the National Pollutant Discharge Elimination System (NPDES) Electronic Reporting Rule: The rule requires NPDES regulated facilities to report information electronically, instead of filing written paper reports. The rule does not change what information is required from facilities. It only changes the method by which information is provided (i,e., electronic rather than paper -based). EPA is phasing in the requirements of the rule over a 5-year period, The two phases of the rule, and their key milestones, are: Phase 1—Starting on December 21, 2016, regulated entities that are required to submit Discharge Monitoring Reports (DMRs) will begin submitting these reports electronically. If you are currently reporting your DMR data electronically using eDMR, then you simply need to continue reporting in the same way as you are now. The key change is that, starting on December 21, 2016, electronic reporting of DMRs will be required, instead of voluntary. Phase 2 —Starting on December 21, 2020, regulated entities that are required to submit certain other NPDES reports will begin submitting these reports electronically. Reports covered in the second phase include Notices of Intent to discharge in compliance with an NPDES general permit, Sewer Overflow/Bypass Event Reports, and a number of other NPDES program reports. Incorporating Electronic Reporting Requirements into NPDES Permits The NPDES Electronic Reporting Rule requires authorized NPDES programs to incorporate electronic reporting requirements into NPDES permits beginning December 21, 2015. Under the new rule, the electronic reporting process supersedes the paper reporting process. According to our files, your NPDES permit became effective after November 2013, and should contain the requirement to electronically report your Discharge Monitoring Reports using NC DWR"s eDMR system. In addition to requiring permittees to report information electronically, the rulealso requires permittees to identify the initial recipient for the NPDES electronic reporting data [see 40 CFR 122.41(I)(9)j. Initial State- ofNcoa'Irt arulina Etivin 161' Mail RBI ri 919 807 Quality ( Water Rt.sources 11i G:atuseam Z 6';9-1 61 - recipient of electronic NPDES information from NPDES-regulated facilities (initial recipient) 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)]. Permittees are required to electronically submit the required NPDES information to the appropriate initial recipient, as determined by EPA. By July 18, 2016, EPA must identify and publish on its web site and in the Federal Register a listing of initial recipients by state and by NPDES data group. Once available, you can use EPA's web site to find out or determine the 'initial recipient of your electronic submission. NC DWR has submitted a request to EPA to be the initial recipient for the following NPDES data groups: 1. Discharge Monitoring Reports; 2, General Permit Reports [Notices of Intent to discharge (NOls); Notices of Termination (NOTs)]; 3. Pretreatment Program Reports; and 4. Sewer Overflow/Bypass Event Reports EPA's web site will also link to the appropriate electronic reporting tool for each type of electronic submission for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. For more information on EPA's NPDES Electronic Reporting Rule, visit http://www2.epa.gov/comppliance/final-national-pollutant-discharge-elimination-systern'npdes- electronic-reporting-rule. For more information on electronic reporting to NC DWR, visit httt dec nc.gov/about/divisions/water-resources/edmr/npdes-electronica-r orting or contact Vanessa Manuel at 919-807-6392 or via email at Vanessa,Manue cbncdenr.gov. Sincerely, Jeffrey O. P�c� for S. Jay Zimmerman, P.G. Cc: NPDES Fiie Central Files Mooresville Regional Office / Water Quality Program North Carolina Department of Environmental Quality Division of Water Resources jr„_-4?_' oIcfoi.6q `-1 WWTP Upset , Spill, or Bypass 5-Day Reporting Form (Please Print or Type Use Attachments if Needed) PermitteeC F>1n fib`) }614Permit Number: Facility Name: CgOVAQ, County: 64 CO[%L) Incident Started: Date: j1 /L/I S _ Time: PL3D Incident Ended: Date: IV 5- Time: 1/30 Level of Treatment: ivc ( 2_2 I q7 -1,43 None Primary Treatment Secondary Treatment Chlorination/Disinfection Only Estimated Volume of Spill/Bypass: /616)0 (must be given even if it is a rough estimate) Did the Spill/Bypass reach the Surface Waters? �es No If yes, please list the following: Volume Reaching Surface Waters: l000 Surface Water Name: C� �1 re e ? Did the Spill/Bypass result in a Fish Kill? Yes K No Was WWTP compliant with permit requirements? Yes Were samples taken during event? Yes IKNo No Lai rz-esL.M Ao� Iii/a4.6‘Ze 61&71 Source of the Upset/Spill/Bypass (Location or Treatment Unit): l GdscJ9 Cause or Reason for the Upset/Spill/Bvpass: C-ALOVI-44-ix3 Describe the Repairs Made or Actions Taken: Spill/Bypass Reporting Form (August 1997) ITP Upset , Spill, or Bypass 5-Day Reporting Form Page 2 Action Taken to Contain Spill, Clean Up and Remediate the Site (if applicable): Cle‘&1(.) —6/1 — 720 ele_624, Action Taken or Proposed to le! en to Prevent Occurrences: az.) i;l-d-ZeAt. �i Additional Comments About the Event: ola Q L�IX [d Rt"' 24-Hour Report Made To: Division of Water Resources Emergency Management Contact Name: AI, Other Agencies Notified (Health Dept, etc): Date: l r-Time: Person Reporting Event: �%)1 ealatone Number: Mg, - Did DWR Request an Additional Written Report? Yes No If Yes, What Additional Information is Needed: /730 ‘7--511— k9-$LS Spill/Bypass Reporting Form (August 1997) PP ell. Wes From: dmetwater <dmetwater@aol.com> Sent: Tuesday, November 03, 2015 11:47 AM To: Bell, Wes Cc: X Country Donna; mistysmith@watertech.com Subject: Notification of wastewater bypass cross country campground Attachments: 20151102_115624jpg;20151102_115626jpg;20151102_115726jpg;20151103_ 113452jpg On 10-2-2015 the above referenced experience a bypass directly attributed to inflow of storm water durine a significant rain event. Attacked puce show before and the after 10-3-2015. Q= .033 Sent from my Verizon Wireless 4G LTE srnartphone 1 NCDIEWR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Donald van der Vaart Secretary March 19, 2015 CERTIFIED MAIL #7011 0110 0000 9960 7907 RETURN RECEIPT REQUESTED Mr. Wray Frazier Cross Country Campgrounds, Inc. 6254 NC Hwy 150 E Denver, North Carolina 28037 Subject: Notice of Violation and Notice of Recommendation for Enforcement Tracking Number: N©V-2015-LV-01.65 Cross Country Campground WWTP NPDES Permit NC0022497 Catawba County Dear Mr. Frazier: A review of the April 2014 self -monitoring report for the subject facility revealed a violation of the following parameter at Outfall 001: Date Parameter Reported Value Permit Limit 4/30/14 Ammonia 8.6 mg/L 3.0 mg/L (Monthly average) A Notice of Violation and Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the noted violations of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0022497. 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 violations, request technical assistance, or discuss overall compliance please respond in writing within 10 days of receipt of this Notice. A review of your response will be considered along with any information provided on the April 2014 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding these violations, If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Mooresville Regional fifice Location: 610 East Center Ave,,. Suite 301 9oareswille, NC 28115 Phone: (704) 663,-1699 \ Fax: (704} 663-6040 4 Custo er Se ce: '9- 77 623-6748 intemet: httpidportahncdfenr. An nrsr6 fdi.,r,rrr8nA4rr 4 Allionathm Arlinrn Prneilntikasr _. "3rrA C2r, r4r,th :i ,.' no3 f"'nnr,r,rr,�r nrr N0V-2015- LV-0165, Page 2 Remedial actions, if not already implemented, should be taken to correct any 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, If you have questions concerning this matter, please do not hesitate to conta myself at (704) 663-1699, Sincerely, �s. arcia Allocco or Michael L. Parker, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR cc: Wastewater Branch MSC 1617 — Central Files Basement NCDENR Nortrl Carolina Department of Environment and N Pat. McCro Governor Donna Day, Manager Cross County Campground 6254 NC Hwy 150 E Denver, NC 28.037 Dear Perm nee: April 10, 2015 ural Resources Donald R. van der Vaart Secretary RECEIV'EDMCDENR,DWR °6 �`l� Irk WQROS MOORESVIt LE REGIONAL OFFICE Subject: Acknowledgement of Permit Renewal Permit NC0022497 Catawba County The NPDESUnit received your permit renewal application on April 06, 2015. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concern] Weaver (919) 807-6391. Wre- T . Wren Thcdford Wastewater Branch cc: Central Files Mooresville Regional Office NPDES Unit 1617 Maul Service er ter, Raleigh, North Carolina 27699-1617 Location:512 N. Salisbury St Raleigh, North Carolina 27604 Phone: 919-807-63991 Fax: 919-607-6492ICustorne r Service: 1 41 77.623-6745 Internet':: wwvw.ncwater orq he subject permit, please contact Charles UC1✓ N € a7 An Equal Opp©rtunsty+Aftrmative Action Employer CROSS COUNTRY CAMPGROUND 6254 HWY 150 EAST DENVER, NC 28037 March 26, 2015 Mrs. Wren Thedford NCDENRODWR/NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Dear Mrs. Wren Thedford: E E E NCDENR/D'WR I 6 '2 15 W .ROS MOORESVILLE REGIONAL OFFICE REEEIVE DENRIDWR P Water Qua* Permitting Sector Please accept this letter as a request for renewal of the Cross C . ntry Campground Wastewater Treatment Plant NPDES Permit ##NC'0022497 There have been no operational or design changes at the facility s ince the issuance of the last permit. Donna Day Manager NC it NR li NPDES APPLICATION FORM D For privately -owned treatment systems treating 100°/0 domestic wastewaters <1.0 MGD Mail the complete application to: N. C. DENR / Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit NC0022497 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 Wray Frazier Facility Name Mailing Address Cross Country Campground 6254 NC Hwy 150 E City Denver State / Zip Code North Carolina 28037 Telephone Number (828) 455-0629 Fax Number e-mail Address RECENE.DIDENRIDWR P R ? Water Quality Per • Mine Sect& 2. Location of facility producing discharge: Check here if same address as above Ej Street Address or State Road City State / Zip Code County r!C iDu rk‘,16,11,5311 JOfla C.„) Mc* 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 Donna Day, Manager 6254 NC Hwy 150 E Denver North Carolina 28037 (828) 455-0629 Donnaday@occampground.com 1 of 3 Forrn-D 11112 NPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD . Description of wastewater: Facility Generating Wastewater(check all that apply): Industrial ❑ Number of Employees Commercial El Number of Employees Residential ❑ Number of Homes School ❑ Number of Students/Staff Other ® Explain: Cpgd 4 Staff Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): 100% Domestic Waste from Campsites. Number of persons served: 200 5. Type of collection system ® Separate (sanitary sewer only) El Combined (storm sewer and sanitary sewer) 6. Outfall Information: Number of separate discharge points Outfall Identification number(s) 001 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): Reedy Creek in Lake Norman (Catawba River Basin) 8. Frequency of Discharge: ® Continuous El 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. - Manual bar screen - Activated sludge aeration basins - (65,000 gal) - Clarifier with skimmer & sludge return (5,000 gal) - Multi purpose basin (50,000 gal). Can be used as a sludge holding basin or flow equalization basin - Chlorine contact chamber with tablet feed (1,250 gal) - Flow chamber utilized for flow measurement, sampling, and dechlorination (100 gal) 2 of 3 Form-D 11/12 NPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD 0. Flow Information: Treatment Plant Design flow 0.065 MGD Annual Average daily flow 0.015 MGD (for the previous 3 years) Maximum daily flow 0.048 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) 33.2 4.1 mg/L Fecal Coliform 290 5.6 Colonies/ 100 mL Total Suspended Solids 42 9.0 mg/L Temperature (Summer) 26 20 C° Temperature (Winter) min 7.0 14 C° pH 7.5 7.0 su's 13. List all permits, construction approvals and/or applications: Type Hazardous Waste (RCRA) UIC (SDWA) NPDES PSD (CAA) Non -attainment program (CAA) Permit Number NC0022497 14. APPLICANT CERTIFICATION Type 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. Donna Day Printed name of Person Signing Manager Title 430/),5-- Signature of Applican Da 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 11/12 Sludge Management Plan For: Cross Country Campground Wastewater Treatment Plant NPDES Permit #NC0022497 Date: March 26, 2015 The waste sludge produced at the treatment facility is removed directly from the aeration basins by Robert's Septic Service of Hickory, NC (Catawba County — License #NCS00294) and discharged into the City of Newton (Catawba County) sewage collection system. By: Donna Day ovvta (� Manager jet Cross Country Campground ATA NCDENR - North Carolina Department of Environment and Natural Resources Pat McCrory Governor Ms. Donna Day Cross Country Campground 6254 NC Hwy 150 E Denver, NC 28037 Dear Ms. Day: Donald R. van der Vaart Secretary June 3, 2015 Subject: Draft NPDES Permit NC0022497 Cross Country Campground WWTP Class WW-2 Catawba County The Division has reviewed your request to renew the subject permit on behalf of the Permittee. Please review this draft carefully to ensure your thorough understanding of the information, conditions, and requirements it contains. The draft permit includes the following significant changes from the existing permit: T. Section A. (3) has been added to require electronic submission of effluent data. Proposed Federal regulations require electronic submittal of all discharge monitoring reports (DMRs). The proposed regulations specify that if a state does not establish a system to receive such submittals permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). With this notification, the Division will solicit public comment on this draft permit by publishing a notice in newspapers having circulation in the general Catawba County area, per EPA requirements. Please provide your comments, if any, to me no later than 30 days after receiving this draft permit. Following the 30-day public comment period, the Division will review all pertinent comments and take appropriate action prior to issuing a final permit. If you have questions concerning the draft, please contact me at the telephone number or e-mail address listed at the bottom of this page. Sincerely, Charles H. Weaver, Jr. NPDES Unit cc: NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone: 919 807-63911 FAX 919 807-64891 Internet: www.ncwaterquality.org charles.weaver@ncdenr.gov An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper FACT SHEET FOR EXPEDITED PERMIT RENEWALS This form must be completed by Permit Writers for all expedited permits which do not require full Fact Sheets. Expedited permits are generally simple 100% domestics (e.g., schools, mobile home parks, etc) that can be administratively renewed with minor changes, but can include facilities with more complex issues (Special Conditions, 303(d) listed water, toxicity testing, instream monitoring, compliance concerns). Basic Information for Expedited Permit Renewals Permit Writer/Date Charles H. Weaver 6/2/2015 _ Permit Number NC0022497 Facility Name Cross Country Campground WWTP Basin Name/Sub-basin number 03-08-32 Receiving Stream Reed Creek Stream Classification in Permit WS-IV Does permit need Daily Max NH3 limits? No — already present Does permit need TRC limits/language? No — already present Does permit have toxicity testing? No Does permit have Special Conditions? No Does permit have instream monitoring? Dissolved Oxygen & Temperature Is the stream impaired (on 303(d) list)? For what parameter? No Any obvious compliance concerns? No. No enforcements since 2011. No effluent limit violations since 2013. Any permit modifications since last permit? None. New expiration date 4/30/2020 _ Comments on Draft Permit ➢ Added regulatory citations ➢ Added eDMR requirements Most Commonly Used Expedited Language: • 303(d) language for Draft/Final Cover Letters: "Please note that the receiving stream is listed as an impaired waterbody on the North Carolina 303(d) Impaired Waters List. Addressing impaired waters is a high priority with the Division, and instream data will continue to be evaluated. If there is noncompliance with permitted effluent limits and stream impairment can be attributed to your facility, then mitigative measures may be required". • TRC language for Compliance Level for Cover Letters/Effluent Sheet Footnote: "The facility shall report all effluent TRC values reported by a NC certified laboratory including field certified. However, effluent values < 50 µg/L will be treated as zero for compliance purposes." This page has been printed on scrap paper to save money and reduce our program's environmental impact. Disregard any content on the back of this page. Permit NC0022497 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 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, the Cross Country Campground is hereby authorized to discharge wastewater from a facility located at the Cross Country Campground WWTP 6254 NC Hwy 150 East Denver Catawba County to receiving waters designated as Reed Creek in subbasin 03-08-32 of the Catawba River Basin in accordance with effluent limits, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective This permit and authorization to discharge shall expire at midnight on April 30, 2020. Signed this day S. Jay Zimmerman, Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 5 Permit NC0022497 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit 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. s Country Campground is hereby authorized to: Continue to operate an existing 0.065 I IC D wastewater treatment facility that includes the following components: • Aerated flow equalization basin. ♦ Aeration basin • Clarifier with return sludge pumps ♦ Chlorine contact chamber • Dechlorination • Flow recorder This facility is located at the Cross Country Campground WWTP (6254 NC Hwy 1.50 East, north of Denver) in Catawba County. 2. Discharge from. said treatmen orks at the location specified on the attached map into Reed Creek, currently classified WS-IV waters in the Catawba River Basin. Page 2 of 5 • Permit NC0022497 Part I A. (1) EFFLUENT LIMITS AND MONITORING REQUIREMENTS [15A NCAC 02B.0400 et seq., 15A NCAC 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 and monitored' by the permittee as specified below: PARAMETER (Parameter Codes) LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location' Flow (MGD) (50050) 0.065 MGD Continuous Recording Influent or Effluent BOD, 5-day (20°C) (C0310) 30.0 mg/L 45.0 mgfL Weekly Composite Effluent Total Suspended Solids (C0530) 30.0 mglL 45.0 mglL Weekly Composite Effluent NH3 as N (C0610) (April 1 - October 31) 3.0 mg/L 15.0 mg/L Weekly Composite Effluent NH3 as N (C0610) (November 1- March 31) 9.0 mglL 35.0 mg/L Weekly Composite Effluent Dissolved Oxygen (C0300) WeeklyGrab Effluent, U & D Fecal Coliform (geometric mean) (31616) 2001100 ml 400 1100 ml Weekly Grab Effluent Total Residual Chlorine (TRC)' (50060) 28 pg/L 2/Week Grab Effluent Temperature (°C) (00010) Daily Grab Effluent Temperature (°C) (00010) Weekly Grab U & D Total Nitrogen (C0600) (NO2+NO3+TKN) Quarterly Composite Effluent Total Phosphorus (C0665) Quarterly Composite Effluent pH (00400) > 6.0 and < 9.0 standard units - - Weekly Grab Effluent Footnotes: 1. No later than 270 days from the effective date of this permit, the permittee shall begin submitting discharge monitoring reports electronically using the Division's eDMR system [see A. (2)]. 2. U: at least 100 feet upstream from the outfall. D: at least 300 feet downstream from the outfall. 3. TRC limit and monitoring requirements apply only if chlorine or a chlorine derivative is added during the treatment process. The Division shall consider all effluent TRC values reported < 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 ug/L. There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 3 of 5 Permit NC0022497 A. (2) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [NCGS 143-215. '1. (b)] Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection. Agency (EPA). The Division anticipates that these regulations will be adopted and is beginning implementation. NOTE: This special. condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): Section B. (11.) Section D. 12.) Section D. (6.) Section E. (5.) Signatory Requirements Reporting Records Retention Monitoring Reports 1. Reporting (Supersedes Section D. (2.) and Section Beginning no later than 270 days from the effective date of this permit, the permittee shall begin reporting 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), perxnittees 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 DENR / Division of Water Resources / Information Processing Unit ATTENTION: Central Files / eDMR 1617 Mail Service Center Raleigh, NC 27699-1,617 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. Requests for temporary waivers from the NPDES electronic reporting requirements 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 using eDMR. Temporary waivers shall be valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted electronically to the Division unless the permittee re- applies for and is granted a new temporary waiver by the Division.. Page 4 of 5 Permit NC0022497 Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: http: / / portal. ncdenr. org /web /wq / admin / bog / ipu /edmr 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. 2. Signatory Requirements [Supplements Section B. (11.) (b) and supersedes Section B. (11.) kill 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: / /portal.ncdenr.org/web/wq/admin/bog/ipu/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." 3. 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]. Page 5 of 5 NC0022497 Cross Country Campground WWTP Latitude: 35°34'32" USGS Quad: Denver, N.C. Subbasin: 03-08-32 Longitude: 81°02'33" Stream Class: WS-IV Receiving Stream: Reed Creek Catawba County Map not to scale Pat McCrory Governor NCDENR North Carolina Department of Environment and Natural Resources Donald van der Vaart Secretary March 19, 2015 Mr. Wray Frazier Cross Country Campgrounds, Inc, 6254 NC Hwy 150 E Denver, North Carolina 28037 Subject: Notice of Deficiency — Monitoring Limitations Tracking No, NOD-2015-MV-0052 Cross Country Campground WWTP NPDES Permit. No, NC0022497 Catawba County Dear Mr. Frazier: A review of the January through March 2014 self -monitoring report for the subject facility revealed violations of the following parameters at Outfall 001: Date Parameter Reported Value Monitoring Requirement /81/14 Total nitrogen None Monitor once per quarter /3114 Total phosphorus None Monitor once per quarter Remedial actions, if not already implemented, should be taken to correct the causes(s) of the noted violation. Unresolved violations may lead to the issuance of a Notice of Violation and/or assessments of civil penalties by the Division of Water Resources. If the violations are due to a transcription error (data left off the DMR) please submit an amended DMR (two copies) to this Office along with a cover letter asking for rescission of the Notice of Deficiency. Please address your correspondence to Ms. Marcia Allocco at the letterhead address. Thank you for your attention to this matter. If you have questions concerning this matter please do not hesitate to contact Ms. Allocco at (704) 235-2204. Michael L. Parker, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR cc: Wastewater Branch MSC 1617 — Central Files Basement Mooresville Regional Office Location 6i'19 East Center Ave., Smite 301 Mooresville, NC 28115 Phone: (704) 663- 699 1„ Fax: (704( 663-6040), Customer Service: 1-877-623-6748 interet, httvfiportal,ncdenrorl4ebfwq An Equal Opport. pity Aftrmxtive Ac on Employer -- 30% RRecyrycl€d110%v Post Consumer paper NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 9 2015 : RT°IFIF.DMAI:L70I3 263() 001)1. tl'T"URN RECEIPT T REQUESTED STl 1:D Mr, Wray Frazier 6254 NC Hwy 1.50 E Denver, NC 28.037 Subject iNOTIC r' OF VI t LAT ICON )rate Discharge Monitoring R Cross County Campground NPDES Permit NC0022497 Catawba County NOV-2015-LR-0016 Mr. Frazier: PA NCDENRIDWR This is to inform you that the l:)ivision of Water Resources received your monthly monitoring report late for December 2014, which was received on February 25, 2015. This is in violation of Part II, condition D(2) of the NPDES permit, as well as I5A NCAC 2B .506(a), which requires the submittal f'l iscliarge Monitoring Reports no o later thaln the last calendar 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 $25,000 per violation. Additionally, this letter provides notice that I: reports are not received within the,recluued t e dur nd the assessment of civil pemall w' elve, (I, ,)reportint; months, Please note that this facility teceived a notice of violation (NOV-20141A- 0th a late May 2014 DMR. Please be reminded that any Tate or missing DMRs rvi reporting months will result in an assessor ent of civil penalties. dated March 9, 2014 for t the next twelve (12) The :)ivision must take these steps because tirrtely submittal of discharge monitoring reports is e,< efficient operation of our 'water quality programs. ^`e appreciate your assistance in this matter. If you leave any questions about this letter or discharge monitoring reports, please contact me at 919-807-6307 or via e-mail at derek.denard ncdenr,gov. e : NPDES File Central Files MooresviIle Re urrt WQ 1 an, Director Division of Water Resources aliens 1617 Mail Service. Center, Raleigh, North Carolina 27699-1o17 Rhone: 919-807-630C) \Internet„ www.ncwaterquality ,org An Equal Opportunity i Affirrnato'e Action Employer - Mode in purl by recycled paper NCDENR North Carolina Department o Environment and Natural Resources Pat McCrory Governor CERTIFIED 1V1AIL7013 2630 0001 RETURN RECEIPT REQUESTED Mr. Wray f. razier 6254 NC Hwy 150 E Denver, NC 28037 Subject: Dear Mr,Frazier: arch 9, 2015 998 4896 NOTICE ( I" VIOLATION Late Discharge Monitoring Reports (IMR,$) Cross Country Campground NPDES Permit ;NC0022497 Catawba County N©V-2015-LR-0016 Donald R. van der Vaart Secretary RECEIVED/NCO N WQRQS MOORESVILLF REGIONAL OFFICE This is to inform you that the Division of Water Resources received your monthly monitoring report late for December 2014, which was received on. February 25, 2015. This i.s i violation of Part Ii, condition D(2) of the NPDES permit, as well as 15A NC.AC 2B .506(a), which requires the submittal of Discharge Monitoring Reports no later than the last calendar 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. Additionally, this letter provides notice that this office :rid the assessment of civil penalties if future reports are not received within the regj red time frame during tl e next twelve (12) reporting months. Please note that this facility received a notice of violation (NOV-20i4-LR-0032) dated March 9, 2014 for a late May 2014 DMR. Please be reminded that any late or missing DMRs within the next twelve (1.2) reporting months will result in an assessment of civil penalties. 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, Ifyou have any questions about this letter or discharge monitoring reports, please contact me at 919-807-6307 or via e-mail at derek.denard@ncdenr.gov. cc: NPDES File Central Files reswulle Regional :lay Zimmerman, Director Division of Water Resources Regional Operations 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-6300 \Internet: www.ncwaterquatty,orq An Equat Opportunity 1 Affirmative Action Employer - Made in part by recycled popr r Pat McCrory Governor ............. _...... _.. _. . NCDENR North Carolina Department of Environment and Natural Resources Angus CERTIFIEDMAIL 70I3-2630-0001-8998-1)638 RETURN RECEIPT REQUESTED Mr. Wray Frazier Cross Country Campground, Inc. 6254 NC Hwy 150 East Denver, NC 28037 Dear Mr. Frazier: 2,2014 John E. Skvarla, III Secretary NOT. C E OF VIOLATION Cross Country Campground WWTP NPDES Permit NC0022497 Catawba County NOV-2014-L.R. 0032 This is to inform you that the Division of Water Resources received your monthly monitoring report late for May 2014, which was received on July 24, 2014. This is in violation of Part. II, condition D(2) of the NPDES permit, as well as I 5A NCAC 2B .506(a), which requires the submittal of Discharge Monitoring Reports n.o later than the bast calendar 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. Add i onall F°, this letter Pt°ra ride notice that th future reports are not received ltlira tll roc: The Division must take these steps because time the efficient operation of our water quality programs.. have any questions about this letter or discharge monit via e-mail at derek.denard(r�`_ncdcnr.gov. cc: Derek Deraatrcl, DWR Mooresvi Central Files ecornmend the assessment of civil penalties if e during the next twelve (12) reporting months. of discharge monitoring reports is essential to -eciate your assistance In this matter. If you ring reports, please contact me at 919-807-6307 or oho hleni Division c apliance & I pe€lited Permitting Uni Regional Office Supervisor, Surface Water Protectio 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-63000 Internet: hap://www.novvaterguality,orgi v €ater Resources, TsiCT. ENR Section rt a.al i,ip,..f1L:r ty \ At5rt"at f'-Made ti` rz..;yd dpa-pe Pat McCrory Governor wry NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Regional Operations Section Thomas A. Reeder Director Mr. Wray Frazier Cross Country Campgrounds, Inc. 6254 NC Hwy 150 E Denver, North Carolina 28037 Dear Mr, Frazier: December 18, 2013 John E. Skvarla, Ill Secretary Subject: Notice of Deficiency — Monitoring Limitations Tracking #: NOD-2013-MV-0081 Cross Country Campgrounds WWTP NPDES Permit No. NC0022497 Catawba County A review of the July through September 2013 self -monitoring reports for the subje violations of the following parameters at Outfall 001: Date Qtr. ending 9/30/13 Qtr. ending 9/30/13 y evealed Parameter Reported Value Monitoring Requirement Total nitrogen None Total phosphorous None Monitor 1xlquarter Monitor 1 x/quarter Remedial actions, if not already implemented, should be taken to correct the causes(s) of the noted violation. Unresolved violations may lead to the issuance of a Notice of Violation and/or assessments of civil penalties by the Division of Water Resources. If the violations are due to a transcription error (data left off the DMR) please submit an amended DMR (two copies) to this Office along with a cover letter asking for rescission of the Notice of Deficiency. Please address your correspondence to Ms. Marcia Allocco at the letterhead address. Thank you for your attention to this matter. If you have questions concerning this matter please do not hesitate to contact Ms. Allocco at (704) 235-2204. Point Source Branch MA Michael L. Parker Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 26115 Phone: (704) 663-1699 i Fax: (794, 663-6040 Customer Service 1-8 7-623-67466 Internet http'/lportal.ncdenr.org[weeiwq i hCarolina ztiiraIrl j An Finiuial Opportoninti innfinriative Action Employ r -- 304ni Pnti' r r,; ur=7er c: ��.wrrw�wwM NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Regional Operations Section Pat McCrory Thomas A. Reeder John E. Skvarla, Ill Governor Director Secretary October 28, 2013 Mr. Wray Frazier Cross Country Campground, Inc. 6254 NC Hwy. 150 East Denver, North Carolina 28037 Subject; Notice of Violation — Effluent Limitation Tracking #; NOV-2013-LV-0669 Cross Country Campground WWTP NPDES Permit No. NC0022497 Catawba County Dear Mr. Frazier. A review of the July 2013 self -monitoring report for the subject facility revealed a violation of the following parameter at Outfall 001, Date Parameter Reported Value Permit Limit 7/31/13 Ammonia 3.7 mg/L 3.0 mg/L (Monthly average) Remedial actions, if not already implemented, should be taken to correct the noted any 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 questions concerning this matter or to apply for a SOC, please do not hesitate Ms, Marcia Allocco or myself at (704) 663-1699.. Point Source Branch MA Mooresville Regional Office Location:610 East Center Ave., Suite 3C1 Mooresville, t" 23'115 Phone. (704) 663-1699 I Fax: (704) 663-6040 t Customer Service_ Internet: nttpillportal ncdenrorgrwebiwq Michael L. Parker Water Quality Regional Operations Section Mooresville Regional Supervisor 77 623-674$ 4rr [Qua= OCPr '"unity ; riim . S ve Action Gori.,ryvr ro 3! a uc c, 0p, Fc i Consurner Fraser contact One NorthCa.rolina V turahl j/ NCDENR North Caroina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Waloldi P. E. Dee Freeman Governor Director Secretary February 6, 2012 Mr. Wray Frazier, Vice President Cross Country Campground 6254 NC Hwy 150 East Denver, NC 28037 Subject: NOTICE OF DEFICIENCY Compliance Evaluation Inspection Cross Country Campground WWTP NPDES Permit NC0022497 Catawba County, North Carolina Dear Mr. Frazier: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on December 13, 2011, by Ms. Donna Flood of the Office. Please inform the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report. This report is being issued as a Notice of Deficiency (NOD) due to the failure to submit proper reporting documentation for the wastewater treatment facility in violation of the subject NPDES Permit and North Carolina General Statute (GS.) 143-215.1, as detailed in the Record. Keeping Section of the attached report. It is requested that a written response be submitted to this Office by March 6, 2012 addressing the deficiencies noted in the Record Keeping Section of the attached report. In responding, please address your comments to the attention of Ms. Marcia Allocco. 1617 Mail Service Center, Raleigh.. North Carolina 27699-1617 Locabon: 512 N. Saiisbury St Raleigh, North Carolina 27604 Phone: 91.9-807-6300 FAX 919-807-6492 Internet ormAiincwateratrialkorcl An Eq,a cypf.ccriGniiy , AiftmlaraYi?„.Aclion Emr0y.^ One North Carol ma Naturally Mr Wray Frazier 02/06/2012 Page .2 of 2 Thisreport should be self-explanatory; however, should you have any questions concerning the report, please do not hesitate to contact Ms. Hood or me at (704) 663-1699. Sincerely, • Rob Krebs Surface Water Protection Regional Supervisor Enclosure DH United States Environmental Protection Agency EPA Washington, D.C. 20460 Water Cnmpliance 1 napentinn Repnrt Form Approved. OMB No. 2040-0057 Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yrlmo/day Inspection 1 I N I 2 C 1 31NC0022497 111 121 11/12/13 117 Type Inspector Fac Type 18 [j 19111 20111 Remarks 211IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII166 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA 671 1.0 1 69 701 21 7111 1 721 N 1 Reserved ---- 1 1 I I 1 1 180 73 [ 1 174 751 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) Cross Country Campground 6254 NC Hwy 150 E Denver NC 28037 Entry Time/Date 10:00 AM 11112/13 Permit Effective Date 10/10/01 Exit Time/Dale 11:15 AM 11/12/13 Permit Expiration Date 15/04/30 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) 111 Dustin Kyle Metreyeon/ORC/704-788-9497/ Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Wray Frazier,6254 NC Hwy 150 E Denver NC 2803711704-483-5897/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement • Operations & Maintenance ® Records/Reports . Self -Monitoring Program Sludge Handling Disposal • Facility Site Review • Effluent/Receiving Waters Laboratory 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 Donna Hood)/ j / ! MRO W01/704-663-1699 Ext.2193/ ?: / _ x_ ( / 6 (e:/l) ,(.--7(-(...-_- , , i/ Sig ature of Management Q A Reviewer_ Agency/Office/Phone and Fax Numbers D e} I ,1 Mar is AlloccfY'..__` WIG-INQ/1704-663-1699 Ext.2204/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES NC0022497 121 yr/rnolday 11/12/13 Inspection Type 18 Section f. Summa of Finding/Comments (Attach additional sheets of narrative and checklists as necessary Page # 2 V Permit: NC0022497 Owner - Facility: Cross Country Campground Inspection Date: 12/1312011 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? 0 • n n Is access to the plant site restricted to the general public? ■ 0 n n Es the inspector granted access to all areas for inspection? ■ n n n Comment: Cross Country's permit is active from 05/01/2010-04/30/2015. The facility is as described in the permit. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ 0 0 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: Process control is not documented. This should be corrected. This was previously cited in the last inspection Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ n n n is all required information readily available, complete and current? ■ n n ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? ■ ❑ n n Are analytical results consistent with data reported on DMRs? ■ n n n Is the chain -of -custody complete? • n n n 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 MI Are DMRs complete: do they include all permit parameters? • n n n Has the facility submitted its annual compliance report to users and DWQ? ■ n n n (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? n n ■ n Is the ORC visitation log available and current? ■ n n n is the ORC certified at grade equal to or higher than the facility classification? ■ n n n Page # 3 Permit: NC0022497 Owner - Facility: Cross Country Campground Inspection Date: 1211312011 Inspection Type: Compliance Evaluation Record Keeping 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'? Facility has copy of previous year's Annual Report on file for review'? Comment: DMRs for November 2010-September 2011 were reviewed for the inspection. The following violations were reported for the review period: 09/11-TSS daily maximum violation Fecal coliform daily maximum violation 06/11-Ammonia nitrogen daily maximum/monthly average violations All violations have been handled under prior cover. The facility has been without a backup ORC since 07/01/2011. No back-up ORC replacement has been designated since that time although back-up visitation has been recorded on the DMRs. This should be corrected immediately. Laboratory Are field parameters performed by certified personnel or laboratory'? Are all other parameters(excluding field parameters) performed by a certified lab? # Is the facility using a contract lab? # Is proper temperature set for sample storage (kept at less than or equal to 6,0 degrees Celsius)? Incubator (Fecal Colifonm) set to 44,5 degrees Ceisius+i- 0,2 degrees'? Incubator (BOD) set to 20,0 degrees Celsius +/- 1.0 degrees? Comment: All required samples are analyzed under Water Tech Labs (#50). At the time of the inspection, the meters used in analyzing field parameters were not working or not working correctly. The problem was reported to Mr. Gary Francies, DWQ Laboratory Certification Unit supervisor, who addressed the problems, Aerobic Digester Is the capacity adequate'? Is the mixing adequate? Is the site free of excessive foaming in the tank"? # Is the odor acceptable'? #r is tankage available fur properly waste sludge'? Yes No NA NE Yes No NA NE MOOD ▪ n 0 0 o no° • 000 O 0.0 O nion Yes No NA NE n Onn u 000 - 10r10 • 000 N O0C1 Comment: Lake Norman Sewer and Roberts Septic dispose of sludge from the facility. Bar Screens Yes No NA NE Type of bar screen a,Manual Page # 4 Permit: NC0422497 Owner - Facility: Cross Country Campground Vspection Date: t211312011 Inspection Type: Compliance Evaluation Bar Screens b.Mechanical Are the bars adequately screening debris? Is the screen free of excessive debris? Is disposal of screening in compliance? Is the unit in good condition? Comment: Aeration Basins Mode of operation Type of aeration system Is the basin free of dead spots? Are surface aerators and mixers operational? Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin's surface? 1s the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/I) Comment: Secondary Clarifier Is the clarifier free of black and odorous wastewater? Is the site free of excessive buildup of solids in center well of circular clarifier? Are weirs level? Is the site free of weir blockage? Is the site free of evidence of short-circuiting? Is scum removal adequate? Is the site free of excessive floating sludge? Is the drive unit operational? Is the return rate acceptable (low turbulence)? Is the overflow clear of excessive solids/pin floc? Is the sludge blanket level acceptable? (Approximately'/. of the sidewall depth) Yes No NA NE 0 ninon ■ nnn ■ nnn ion❑n Yes No NA NE Ext. Air Diffused ■ nn❑ ❑ ❑■❑ • 000 ninon ■ nnn ion❑n n nn■ Yes No NA NE ■ nnn O nion ■ o ❑ ❑ ■ nn❑ ion❑❑ o rlon • 000 O nion ■ nnn ion❑n n nn■ Page # 5 Permit: NC0022497 Owner - Facility: Cross Country Campground Inspection Date: 12/13/2011 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE 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? Ninon Is the contact chamber free of growth, or sludge buildup? m000 Is there chlorine residual prior to de -chlorination? 0 0 0 I. Comment: Norweco tablets are used for disinfection, Yes No NA NE .n0n m000 De -chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? mnrin Is storage appropriate for cylinders? 0 I-1 Is de -chlorination substance stored away from chlorine containers? 1.1 on 0 Comment: Are the tablets the proper size and type? orunn Are tablet de -chlorinators operational? •1300 Number of tubes in use? Comment: After problems with the liquid dechlorination, the facility has converted to tablet dechlorination for reliability. Flow Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? 1.1000 Is flow meter calibrated annually? •000 Is the flow meter operational? •000 (If units are separated) Does the chart recorder match the flow meter?non. Comment: B. W. Allen last calibrated the effluent flow meter on 07/21/2011, Effluent Sampling Yes No NA NE Is composite sampling flow proportion 000 Is sample collected below all treatment units? • ri 0 n Is proper volume collected? •000 Page # 6 Permit: NC0022497 Owner - Facility: Cross Country Campground spection Date: 12/13/2011 Inspection Type: Compliance Evaluation Effluent Sampling Is the tubing clean? # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type representative)? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? N ❑ ❑ ❑ 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? ❑ ❑ • ❑ Comment: The receiving stream appeared unaffected by the discharge on the day of the inspection. Upstream ! Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit (frequency, sampling type, and sampling location)? ■ O ❑ ❑ Comment: Yes No NA NE - DOD N ❑❑❑ • 000 Page # 7 A*4. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A. Reeder Governor Acting Director Mr. Wray Frazier Cross Country Campgrounds, Inc. 6254 NC Hwy 150 E Denver, North Carolina 28037 Dear Mr Frazier: July 30, 2013 John E. Skvarla, III Secretary Subject: Notice of Violation -- Effluent Limitations Tracking #: NOV-2013-LV-0447 Cross Country Campgrounds WvVTP NPDES Permit. No, NC0022497 Catawba County A review of the April 2013 self -monitoring report for the subject facility revealed a violation of the following parameter at Outfall 001: Date Parameter Reported Value 4/30/13 Ammonia 3.49 mg/L Permit Limit 3.0 mg/L (Monthly average) Remedial actions, if not already implemented, should be taken to correct the noted any problems. The Division of Water Quality 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 questions concerning this matter or to apply for a SOC, please do not hesitate to contact. Ms. Marcia Allocco at (704) 235-2204. Michael L. Parker Surface Water Protection Regional Supervisor cc: Point Source Branch MA Mooresville R Locationu. 610 E.es! Center Ave., SuiL 3i31 'ioanresvide. NC 28115 Phone (74) 663 169 ; rex (704) 661.+6 a40 t Cuslornr r- Service • 1.8 ' -823-6748 Bniernet. (rilpr',l .,rta1 ncderrrr,argrweh/we Oiie North Carolina Natiirai* Rn ECI ,,] Opliortu ily % Nirruaiivc; Aet.c s Err,pioye; - 30% i krsl ;r,ns,mrur r pTwr North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, RE. John E. Skvarla, Ill Governor Director Secretary April 12_2013 Mr. Wray Frazier Cross Country Campground, Inc. 6254 NC Hwy 150 East Denver, North Carolina 28037 Subject. Notice of Violation — Monitoring Violations Tracking St: NOV-2013-MV-0057 Cross Country Campground WVVTP NPDES Permit No. NC0022497 Catawba County Dear Mr. Frazier: A review of the December 2012 self -monitoring report for the subject facility revealed monitoring violations of the following parameters at Outfall 001: Date Parameter Quarter ending 12/31/12 Total nitrogen Reported Value Monitoring Requirement None Monitor lx/quarter Quarter ending 12/31/12 Total phosphorus None Monitor ix/quarter Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality 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. If you have questions concerning this matter, please do not hesitate to (704) 663-1699. Michael L. Parker Surface Water Protection Regional Supervisor cc: Point Source Branch MA Mooresville Regional Off'ce Location: 610 East Center Ave,„ Suite 301 Mooresville, NC 28115 Phone: (704) 663-1699 k Fax (704) 663-6040 \ Customer Service: 1-877-623-6748 Internet: hth)://portal nedenrorg/wettewq An Equal Opportunity Affirmative Action Employer - 30% Recycied110% Posl Consumer paper ont ct Ms. Allocco or me at One NorthCaro1ina Vrally ATA F4ThENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory • Charles Wakild, P.E. John E. Skvarla, Ill Governor Director Secretary Ei7/ January 17, 2013 Mr. Wray Frazier Cross Country Campground, Inc. 6254 NC Hwy 150 East Denver, North Carolina 28037 Subject: Notice of Violation — Monitoring Violations Tracking #: NOV-2013-MV-0006 Cross Country Campground WWTP NPDES Permit No. NC0022497 Catawba County Dear Mr. Frazier: A review of the September 2012 self -monitoring report for the subject facility revealed monitoring violations of the following parameters at Outfall 001: Date Parameter Reported Value Monitoring Requirement Quarter ending 9/30/12 Total nitrogen None Monitor lx/quarter Quarter ending 9/30/12 Total phosphorus None Monitor 1x/quarter Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality 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. if you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at (704) 663-1699. Sincerely, Michael L. Parker Surface Water Protection Regional Supervisor cc: Point Source Branch MA Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-1699 \ Fax (704) 663-60401 Customer Service: 1-877-623-6748 Internet htip:llportal.ncdenr.orglweblwq NorthCarolina Naturally An Equal Opportunity I Affirmative Action Employer — 30% Recycledll0% Post Consumer paper NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director WRAY FRAZIER CROSS COUNTRY CA 6254 NC HWY 150 E, DENVER NC 28037 P ROUND December 16, 2011 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Cross Country Campground Permit Number: NC0022497 Case Number: LM-2011-0033 Catawba. County Dear Mr. Frazier: Dee Freeman Secretary This letter is to acknowledge receipt of check number 2486 in the amount of $487.78 received from you dated November 22, 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. Robert. L Sledge at 919-807-6398. cc: Central Files DWQ Mooresville Regional Office Supervisor Since. y, ovonah Weeden 181 f i xt S erL;C2 Conief, Raleigh, Wirth Carroiina „+, Leicaition: 512 N. Salisbury St. Raleigh, North Carol -to f { Phone: ;i1-807-63001 FAX 0.19 607-5492 t Customer Service_ r 9 J $23- 67$6 hiterrreti www.ncwraterqua ity,org As t , wii 0prortil : ,a Athrmsltsr s Adion One NorthCarol .rat, "'a urai NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director October 3I, 2011 CERT. 'IED MAIL 7010 2780 0003 1.461 8679 RETURN RECEIPT REQUESTED Mr. Wray Frazier Cross Country Campgrounds, Inc. 625.4NCHwy 150E Denver, North Carolina 28037 SUBJECT: Notice of Violation and. Assessment of Civil Penalty for Violations of N.C. General Statute 1.43.215.1(a)(6) and NPDES Permit No. NC0022497 Cross Country Campground WWTP Catawba County Case No..LM-201 l -0033 This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $487.78 ($350.00 civil penalty + $137.78 enforcement costs) against Cross Country Campgrounds, Inc.. Dee Freeman Secretary This assessment is based upon the following facts: A review has been conducted of the self - monitoring data reported for June 2011. This review has shown the subject facility to be in violation of the discharge limitations and monitoring requirements found in NPDES Permit No. NC.0022497. "The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Cross Country Campgrounds, Inc. violated the terms, conditions, or requirements of NPDES Permit No. NC0022497 and North Carolina General Statute (G.S.) 143-21.5.1.(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 21.5.6A(a)(2). Based upon the 4bove 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, Robert 8. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Cross Country Campgrounds, Inc.: Mooresville 'Regional Office Location: 610 East Center Ave„ Suite 3qt h+looresville, NC 28115 Phone: (764l 663.1699 4 Fax: (704) 653- ?4C' t Customer Service:1-877-623-6748 lntemet: httpillportaLncidencorgfwebfwg One NorthCarol na ) 7 `aurally An Equal Opportunity t Affirmative Action .Employer - 30% Reccycled:10% PosI Consumer paper 00.00 250.00 350.00 137.78 487:78 For 1 of the one (1) violation of G.S. 143-215.1(a.)(6) and. NPDES Permit No. NC0022497, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for ammonia. For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and. NPDES Permit No. NC0022497, by discharging waste into the waters of the State in violation of' the permit monthly average effluent limit for ammonia. TOTAL Cy`"IVIL .PENALTY Enforcement 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 Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (3) (4) (5) (6) (7) (8) Tfhe degree and extent of harm to the natural resources of the State, to the public healtl or to private property resulting from the violations; The duration and gravity of the violations; 'The effect on ground or surface water quantity or quality or on air quality; The cost of rectifying the damage; 'The amount of money saved by noncompliance; Whether the violations were committed willfully or intentionally; The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: U Submit payment of the penalty: Payment should be made directly to the order of the Department Resources (do not include waiver form). Payment of the penalty 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 Seivice Center Raleigh, North. Carolina 27699-1617 OR Environment and. Natural 11 not foreclose further 2. Submit a written request for remission 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 amount of the 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 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: whether 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; whether the violator promptly abated continuing environmental damage resulting from the violation; whether the violation was inadvertent or a result of an accident; whether the violator had been assessed civil penalties for any previous violations; or whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted in writing. The Director 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 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 "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 OR 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 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 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 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. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at (704) 663-1699. (Date) Robert B. Krebs, Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Mooresville Regional Office Compliance File wl attachments Raleigh Compliance/Enforcement File w/ attachments Central Files w/ attachments rk/ma ATTACHMENT A CASE NO. LM-201141033 Outfall Date Parameter Reported Value Permit Limit 001 612/11 Ammonia 43.8 mg/L 15.0 mg/L (Daily maximum) 001 6/30/11 Ammonia 9.7 mg/L, 3.0 mg/L (Monthly average) The Cross Country Campground, Inc. response to NOV-2011-LV-0044 dated October 6, 2011.was reviewed by DWQ staff. Mitigating factors were not found to reduce the civil. penalty amount. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST CROSS COUNTRY CAMPGROUNDS, INC. PERMIT NO. NC0022497 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LM-2011-0033 Having been assessed civil penalties totaling $487.78 for violation(s) as set forth in the assessment document of the Division of Water Quality dated October 31, 2011, 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 , 2011 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION DWQ Case Number: LM-201 1-0033 Assessed Party: Cross Country Campgrounds, Inc, County: Catawba Permit Number: NC0022497 Amount Assessed: $487.78 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For RenliSSiOrl, Waiver Ri .ht to an ,4dministrative Hearing and Stipulation Qf 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 penay assessment factors in N.C.G.S. 143B-282.1(b) were wron fully applied to the detriment of the_petitioner the assessment factors are listed in the civil penalty assessment document); (b) the violat r promptly abated continuing environmental damage resulting from the violation explain the steps that you took to correct the violation and prevent _Azure occurrences); (c) the violation was inadvertent or a resultan 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 civi.,penalties for anyprevious violations; (e) payment of the civil penalty will preventpayment for the remaining necess' remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) NORTH CAROLINA DIVISION OF WATER QUALITY ASSESSMENT FACTORS Violator: Facility: County: Case Number: Permit Number: Cross Country Campgrounds, Inc. Cross Country Campground, Inc. WWTP Catawba LM-201 I -0033 NC0022497 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; No environmental harm has been documented. 2) The duration and gravity of the violation; The ammonia concentration of 43.8 mg/L on June 2, 2011, exceeded the permit limit of 15.0 mglL by 191.7%. The four other monitoring events for the month were compliant. However, the monthly average of 9.7 mglL exceeded the permit limit of 3.0 mglL by 222.1% 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown. Ammonia -nitrogen is treated as an in -stream toxicant by the State of North Carolina as it is an oxygen -consuming wastes; increased concentrations could reduce the amount of oxygen available to aquatic organisms. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; • The permittee notes on the June DMR that the ammonia violations was due to electrical issues with the blowers which were subsequently repaired so no money was saved by non-compliance. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were 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 There have been 16 previous CPAs for the Cross Country Campgrounds, Inc. WWTP during the life of the permit; three CPAs were issued in the past twelve months. Case Number Description MV-2010-0034 $585.06 for monitoring violations of total nitrogen and phosphorous. Penalty was paid. LV-2010-0385 1 $335.06 for limit violations of fecal coliform. Penalty was paid. LM 2010 0041 $508.71 for limit violations of ammonia and monitoring violations of dissolved oxygen, total nitrogen, and total phosphorous. Penalty was paid. 8) The cost to the State of the enforcement procedures. The cost to the Division of Water Quality is $137.78. Date Robert B. Krebs, Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality • MONITORING REPORT(MR VIOLATIONS for: PERMIT: Limit Violation A�•, FACILITY: Corning Incorporated - Fiber Optic Facility L COUNTY.:•C lu Report D tee 09112t11 Page 1 of 7 REGION: Mooresville MONITORING OUTFALL / REPORT,, PP/ 06-2011b 003 LOCATION `Effluent PARAMETER Flow, in conduit or thru treatment plant VIOLATION DATE ',FREQUENCY 06/30/11 Continuous UNIT MEASU E PERMIT: 'NC'0006160� FACILITY: Delta Apparel Inc - Delta ApparelV Maiden CALCULATED LIMIT VALUE % OVER LIMIT 3.117 0.V22 201.09 VIOLATION TYPE VIOLATION ACTION nthly Average Exceeded done COUNTY: Catawba a� REGION: Moore le Limit Molation> MONITORING OUTFALL f =� VIOLATION Uf IT ©F CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY ME SURE LIMIT VALUE % OVER Lltw tT, TION TYPE V16LATION ACTION ,. g 6 w20 1 001 Effluent Color, 5pecirophoto-Metnc 06/30/11 Weekly admi nit 549 624 13.66 Mortlnty A�ret°age Exc ded None Filter - ADMI PERMIT: NC0022497 FACILITY: Cross Country Campground - Cross Country Campground COUNTY: Catawba REGION: Mooresvil' Limit Violation MONITORING OUTFALL! REPORT PPI LOCATION PARAMETER 06 -2011 001 Effluent 06 -2011 001 Effluent fs- Nitrogen, Ammonia Total (as N) - Concentration Nitrogen, Ammonia Total (as N) - Concentration VIOLATION UNIT OF DATE FREQUENCY MEASURE 06/02/11 Weekly 06/30/11 Weekly mg/I CALCULATED LIMIT VALUE OVER LIMIT VIOLATION TYPE VtlOLATION,ACTION 15� 43.75 p 191,67 Daily Maximum Exceeded None T I L. 7 ' - 9.66222.13 Monthly Average a Exceeded None MONITORING REPORT(MR) VIO PER T:`NC000 Monitoring Vio MONITORING OUTFALL PPI LOCATION REPORT 06 -2011 06 72011 TIONS for: FACILITY: CIta Apparel Inc- Delta Apparel 1 Maiden 001 Effluent 001 Effluent 001 ,Effluent PARAMETER Color, Spectrophoto-Metric Filter - ADMI Color, Spectrophoto-Metric Filter - A1DMI Color, Spectrophoto-Metric filter - ADMI VIOLATION DATE FREQUENCY UNIT OF MEASURE 06/04/11 Weekly admi unit 06/18/11 Weekly ,'admi unit 5/11 Weekly ad i unit violation Coal Sabres UNTY: Catawba CALCULATED LIMIT VALUE % OVER LIMIT Report Date: 09/12111 Vrtstatian Page, 2 of 1'1 DES WW REGION: Mooresville VIOLATION TYPE VIOLATICIA t`ACTION Frequency Violation Frequency Violation None None' Frequency Violation,, None PERMIT: NC0022497 FACILITY: Cross Country Campground - Cross Country Campground COUNTY: Catawba REGION: Mooresville Monitoring Violation MONITORING OUTFALL / REPORT PPI LOCATION 06 -2011 001 Effluent 06 -2011 001 Effluent PARAMETER Nitrogen, Total (as N) - Concentration Phosphorus, Total (as P) - Concentration VIOLATION DATE FREQUENCY 06/30/11 Quarterly rng/I 06/30/11 Quarterly UNIT OF MEASURE mg/I CALCULATED LIMIT VALUE % OVER LIMIT VIOLATION TYPE Frequency Violation Frequency Violation VIOLATION ACTION None None PERMIT: NC0004t112 Monitoring Violation MONITORING OUTFALL REPORT PPI FACILITY: Pharr Yarns Inc - I"'harr Yarn LOCATION 001 Efflue PARAMETER COD, Oxygen Demand, Chem, (High.,Level) bald ll i1Si"I'P VIOLATION UNIT OF DATE FREQUENCY MEASURE 06/11/11 Weekly LIMIT COUNTY: Gaston CALCULATED ' VALUE % OVER LIMIT REGION: Mooresville VIOLATi3ON TYPE VIOLATION ACT{ON Frequenc 'Vitiation None WATER CON-OPS 1000 Woodhurst Drive 1 `lcanroe, NC 28110 Email: dmetwater(aol.com Mobile: 704.506.4255 September 2, 2011 NCDNER clo Mrs. Donna Hood 610 E. Center Ave. Mooresville, NC 28115 Re: Follow up to verbal report of short circuiting and solids lost to effluent at Cross County WWTP; NPDES # NC00222497, Lincoln County Dear Mrs. Hood, This letter is intended to follow up our telephone conversation on Thursday, September 22, 2.01 1 regarding solids lost to effluent on Wednesday, September 21, 2011. The above referenced facility lost an undeterminable amount of solids to the effluent during a period of heavy precipitation. The collection system was believed to be "taking - on" a tremendous amount of inflow through open sewer hook ups used for campers. Some of the manholes also have covers with holes in them. 1lnfbrtunately, the cable on the back of the flow meter that is supposed to move up and down on a pulley with the flow level was off. I believe this happened when the v-notch flooded and the float 'floated above the limits of this cable and came out of the pulley. When the flow returned to normal the cable did not go back into its' intended position. This situation has been addressed and the flow meter appears to working properly as of today. I have discussed the need to cover the exposed sewer hook ups with the camp grounds' manager and he has assured me that the maintenance staff would take care of same. Thank you for your guidance reading this situation. Please feel free to contact me for anything you need by calling directly at 704.506.4255. Sin eteyeon ater,Inc. DK / METWATER CON-01'S 1000 Woodhurst Drive Monroe, NC 28110 Email: mobile: 704.506.4255 To: Robert B. Krebs, NCDENR-DWQ Mooresville From: Dusty Metreyeon„ Metwater Inc. (sub -contract OR ": Subject: NOV and Notice of Rec. Enforcement Letter 9-2341jtracking NOV-201„1.-LM-0044 Date: 10-6-11 This memo is intended to address the NOV and Notice of Recommendation for Enforcement letter dated 9-23-2011 in which I received a faxed copy of on. I 0-5-11. 1 was told that the "letter" was not received by the camps manager, Mr. Ronnie Wise until just a few days ago. He was in and out of the hospital battling pneumonia. It seems, although camp personnel did sign for the letter some time back, "it" was not opened and read by Mr. Wise until recently. He then forwarded the letter to Water Tech labs who subsequently contacted me to assist with this response. The aforementioned letter of 9-23-1.1 is for two (2) ammonia violations in June 2011, one (1) failure to submit quarterly Total Nitrogen results and one (1) failure to submit quarterly Total Phosphorus results. Starting with the TP and TN data; the quarterly samples and analyses for both of these parameters was completed on 5-5-11 but was inadvertently left off of the May DMR. This happened because get lab results for this facility and two others from the Water Tech (WTL) web site under "Results". They (WTL) used to send these results by mail or courier. On or around the time in question I started getting my results straight from the web site to save time. The results for TN and TP were not on the web results page and 1 did not think to ask about them. I will discuss with WTL how we can avoid this oversight in the future. The amended May 201.1 DMR. containing the "missing data" is herewith attached.. The two (2) ammonia violations were directly related to a power outage and mechanical failures that have been resolved. A copy of both the explanation memo to the Central Files and the June's DMR are also herewith attached for your ready reference. Thank you in advance for your patience and guidance with regards to this matter and believe that. Metwater will continue to operate this facility to the best of my ability. CC: Water Tech Labs. (via email) Ronnie Wise (via fax 2 704..483..5801) wiattachment I. Amended May 2011 DMR. with TN and TP data added. 2.. Memo to Central Files dated 7-285-11 for June 2001 Ammonia violations 3. Copy ofJu.ne's 2011 DMR. DK 1 METWATER CON-OPS 1000 Woodhurst Drive Monroe, NC 28110 Email: mobile: 704.506.4255 To: Central Files, DWQ From: Dusty Metreyeon, Metwater Inc. (sub -contract ORC) Subject: Supplement to June 2011 Effluent Monitoring Report for NPDES # NC0022497 Cross Country Camp Ground Effluent Non -Compliance Date: 7-25-11 This memo is intended to address the ammonia nitrogen noncompliance for both the daily maximum and monthly average at Cross Country WWTP. On 6-1-11 I found blower #1 tripped out and the #2 blower running. However, #2 had not been capable of providing enough oxygen during the summer on its own and that is why I had both blowers in manual 24/7 operation the week leading up to this event. Subsequently, the owner's representative had the necessary mechanical (pulley size changed to match #1)and electrical improvements made to #2 and both blowers, except for the power outage that followed this event the next day..., have been running as intended. Some days the dissolved oxygen is a little high and others just right; so I leave them both on during the months of June, July, and August. I am however, aware of the pH and D.O. demands that summer places on this WWTP and will continue to operate this facility to the best of my ability. CC: Water Tech Labs (via email) Amu NCDENR North Carolina Department of Environment and Natura Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director December 6, 2011 CERTIFIED MAIL #7010 2780 0003 1461 8778 RETURN RECEIPT REQUESTED Mr, Wray Frazier Cross Country Campground, Inc. 6254 NC Hwy 150 East Denver, North Carolina 28037 Resources Subject: Notice of Violation and Notice of Recommendation for Enforcement Tracking #: NOV-2011-LV-0602 Cross Country Campground WWTP NPDES Permit No, NC0022497 Catawba County Dear Mr, Frazier: Dee Freeman Secretary A review of the September 2011 self -monitoring report forforthe subject facility revealed violations of the following parameters at Outfall 001: Date Parameter Reported Value Permit Limit 9/1/11 Fecal coliform 550 CFU/100 mL 400 CFU/100 mL (Daily maximum) 9/23/11 Total suspended solids 63.3 mglL 45.0 rng/L (Daily maximum) A Notice of Violation and Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the noted violations of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0022497. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000L00) 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 violations, request technical assistance, or discuss overall compliance please respond in writing within 10 days of receipt of this Notice. A review of your response will be considered along with any information provided on the September 2011 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding these violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions, if not already implemented, should be taken to correct any problems, The Division of Water Quality 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, You may contact Ms. Marcia Allocco of this Office for additional information, Mooresville Regional Office Location: 610 East Centel Ave , Site 301 Mooresville, NC, 28115 Phone: (704) 663-1699 \ Fax: (704) 663-6040 ) Customer Se,rvice: 1-877-623-6748 Internet hltp;llportal,nctlenr.or,g/webiwo An Enluai Opp.orturOy Affirrnove: Action Ernptoor - 30% Recyder,t 10% PTit Ouinerper One North Carolina Naturally r � 'w,5. E Mr. W. Fr-azier,'CrossCountry Campground WWTP NOV 2011-LV-0602, Page 2 December 6, 2011 If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco at (704) 235-2204. Sincerely, /En Robert B. Krebs Surface Water Protection Regional Supervisor cc: Point Source Branch MA Attial NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director November 10, 2011 CERTIFIED MAIL #7010 2780 0003 1461 8693 RETURN RECEIPT REQUESTED Mr. Wray Frazier Cross Country Campground, Inc. 6254 NC Hwy 150 East Denver, North Carolina 28037 Subject Notice of Violation and Notice of Recommendation for Enforcement Tracking #: NOV-2011-LV-0551 Cross Country Campground WWTP NPDES Permit No, NC0022497 Catawba County Dear Mr, Frazier: Dee Freeman Secretary A review of the August 2011 self -monitoring report for the subject facility revealed violations of the following parameters at Outfall 001: Date Parameter Reported Value Permit Limit 8/4/11 Fecal coliform 510 CFU/100 mL 400 CFU/100 mL (Daily maximum) 8/24/11 Fecal coliform 680 CFU/100 mL 400 CFU/100 mL (Daily maximum) A Notice of Violation and Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the noted violations of North Carolina General Statute (GS.) 143-215.1 and NPDES Permit No, NC0022497 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 violations, request technical assistance, or discuss overall compliance please respond in writing within 10 days of receipt of this Notice. A review of your response will be considered along with any information provided on the August 2011 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding these violations. If no response is received in this Office within the 10- day period, a civil penalty assessment may be prepared. Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality 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. You may contact Ms. Marcia Allocco of this Office for additional information, Mooresville Regional Office Location: 610. East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-1699 V Fax: ,(704) 663.6040) Customer Service: 1-877-623-6748 Internet: http:l po 1aLncienr.orgMeb/hvq One NorthCaro na �Vt tura//y An Equal Opportunity lAffirmative An6on Employer — 30% Recycle 7110% Posi Consumer paper Mr, W. Frazier, Cross Country Campground VVVVTP NOV-2011-LV-0551, Page 2 November 10, 2011 If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco at 704) 235-2204. Sincerely, Robert B. Krebs Surface Water Protection Regional Supervisor cc: Paint Source Branch MA Beverly Eaves Perdue Governor NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director Dee Freeman Secretary September 23, 2011 CERTIFIED MAIL #7010 2780 0003 1461 8921 RETURN RECEIPT REQUESTED Mr. Wray Frazier Cross Country Campground 6254 NC Hwy 150 East Denver, North Carolina 28037 Subject: Notice of Violation and Notice of Recommendation for Enforcement Tracking #: NOV-2011-LM-0044 Cross Country Campground WWTP NPDES Permit No. NC0022497 Catawba County Dear Mr. Frazier. A review of the June 2011 self -monitoring report for the subject facility revealed violations of the following parameters at Outfall 001: Date Parameter Reported Value Permit Limit/Monitoring Requirement 6/2/11 Ammonia 43.8 mg/L 15.0 mg/L (Daily maximum) 6/30/11 Ammonia 9.7 mg/L 3.0 mg/L (Monthly average) 6/30/11 Total nitrogen None Monitor quarterly 6/30/11 Total phosphorous None Monitor quarterly A Notice of Violation and Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the noted violations of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0022497. 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 violations, request technical assistance, or discuss overall compliance please respond in writing within 10 days of receipt of this Notice. A review of your response will be considered along with any information provided on the June 2011 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding these violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Mooresviiie Regional Office Location: 610. East Center Ave., Suite 301 Mooresville, NC 26115 Phone. (704) 663-16991 Fax: (704) 663-6040 \ .Customer Service: 1-677-623-6743 Internet: http°rafpartaLncdenr.orgfwebtwq One Nort Carcli fa �attire!! Equal Opportunity Afirmative,AClr`v Ern %vei -4 c.:" ? %Post Ccn ur er M N September 23, 2011 ountry Campground 4,Pege2 Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality 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, You may contact Ms. Marcia Allocco of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco at (704) 235-2204. Sincerely, Robert B. Krebs Surface Water Protection Regional Supervisor cc: Point Source Branch M.ETWATER lnc. 1000 Woodhurst Drive Monroe, NC 281.10 Email: d.metwater i' aol.com mobile: 704.506,4255 March 2, 201.2 Mr, Robert B, Krebs Regional Supervisor Surface Water Protection. Section 161.7 Mail Service Center Raleigh NC 27699-1617 Notice of Deficiency Letter 2-6-12 ;'I NPDES # NCO022497 Cross Country Campground WWTP Dear, Mr, Krebs, This letter is intended to respond to the above reference deficiency letter. As the ORC fo facility, 1: hall herein attempt to apprise you of corrective action(s) taken to address the following deficiencies to date. his Operations and Maintenance Deficiency: Process control not documented...: Response: Process control is performed. list ficant changes are observed compared to the last controlled test, the test and documentation of same continue until I understand why the changes occurred and what if any adjustments should be made. Since the facility's influent substrate never changes, the only real concerns are seasonal with respect to rain events and/or ambient temperatures. Both these parameters are documented frequently in the on site log book. Record Kee .2 (back ,up operator) Deficiency: Failure to designate back up operator_ Response: iy sub -contract operations agreement is with Water Tech Labs and their service contract is with the facility. I have recently provided Water Tech with the names of two (2) certified operators to designate as my backups. I completed the ORC/Back-Up Designation form, obtained the necessary signatures, and faxed the completed form to Water 'Tech, It is my understanding that this information is currently on file with your office. Deficiency Response: No copy of permit on A copy of the current. Laboratory Deficiency The Response: Un fa and Lo in the Case case: the sum sct g at e of ins) ectir n. the protective case that 1 carry my field meters itt (loll, II) was wet with distilled water from a :squirt bottle 1. alsr: keep obes 'etc. it seems the previous time l closed the iitf t my it rti'tit: something hard enough to e?ne Continue Response to Cross Country Campground deficiency page 2 of 2.... full contents into the case as well as over the meters screens. I did not know that had happened until I willfully and eagerly presented my case for inspection. All meters were subsequently died, recalibrated and recertified by Water Tech and are now functioning as intended. I now make sure the squeeze bottle is in the upright position and secure each time I close the case. Thank you for bringing these deficiencies to our attention. I hope you find our response to your concerns adequate. Should you have any other suggestions or concerns please do not hesitate to contact me by calling 704.506.4255 or by emailing me at dmetwater@aol.com. Resctfully, /2-611'D usty Metreyeon, ORC Metwater, Inc. 1000 Woodhurst Drive Monroe NC 28110 E North Carolina Department of Environment and Natura Division of Water Quality Beverly Eaves Pe "due t oieen N, Sullins Governor Director September 16, 2011 WRAY FRAZIER CROSS COUNTRY CAMPGROUND 6254 NC HWY 150 E DENVER NC 28037 SUBJECT: Payment Acknowledgnent Civil Penalty Assessment. Cross Country Campground Permit Number: NC0022497 Case Number: LV-2009-0401 Catawba County Dear Mr. Fran. Resources _E REC Dee Freeman Secretary This letter is to acknowledge receipt of check number 2359 in the amount of $83.71 received from you dated August 25, 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 Penruts, If you have any questions, please call Robert L Sledge at 9.19--807-6398. cc: Central Files DWQ Mooresville Regional Office Supervisor VCwrth c.-.rofin 27 99-1617 Internet, vaw.w ,ncwaLer,r�4-rlfCy.��s NCDENR Norti Carolina Department of Environment anc Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director Mr. Ronnie Wise, Manager Cross Country Campground 6254 Hvvy .150 East Denver, NC 28037 Subject: Dear Mr, Wise: January 26, 2010 Request for Additional Information Remission Request of Civil Penalty Assessment Cross Country Campground WWTP NPDES Permit NC0022497 Case Number IN-2009-0401 Catawba County Dee Freeman Secretary The Division of Water Quality has begun review of the subject remission request, but request that you would provide additional information with regard to this matter. in the remission request, your ORC (Mr. Metreyeon) states incorrect flow values were recorded on the original DMR submittals for the months July — September 2009, Mr. Metreyeon took over as ORC of the facility in July 2009, and stated the reason recorded flow values were so high during these months was becausehe used an incorrect conversion factor for the flow meter to determine daily flow values. When the correct factor was used, much lower values were the result. These values were submitted to the Division on amended DMRs. The Division has questions regarding the revised flow values. When compared to those submitted by the former ORC (who we assume was familiar with the correct conversion factor for the flow meter) for months immediately preceding July 2009 and for the summer months of 2008, the revised valuesappear quite low. We would appreciate your explanation of this circumstance to help clarify this matter, in order that the Director may be provided with the best possible counsel as she considers your remission request. A brief analysis of the numbers of guests at the campground during the various months may be a help in the discussion. Once this additional information is received, your remission request will be scheduled for review by the Director and you will be notified of the result. 1617 Ma ii Service Center, Raleigh, North Carolina 276'99.1617 Localrom 512 N, Salisbury St, Raleigh, North Carolina 27604 Phone: 919-807-630(11 FAX 919-807-6492 \ Customer Senile's: 1-677-623-674B Interna www.ncwatergualify:org An Equal Oppequaity'i Affirmative Action Eiriplr,yel One NorthCaralina Natilially Mr. Ronnie Wise LV-2009-0401 Remission Add Info. p. 2 If you have any questions about this matter, please contact me at (919) 807-63.98 or via e- a Bob.Sledge@ncdenr.gov. Since BobSledge, Environmental Specialist Point Source Branch cc: Enforcement File w/originals Central Files w/attachments ex: Mooresville Regional Office waing=n141,s Allocco, Marcia. From: Allocco, Marcia Sent: Wednesday, January 20, 2010 11:16 AM To: Sledge, Bob Subject: RE: LV-2009-0401 Remission Request Bob, Would it be inappropriate for us to write the permittee a letter to explain the abnormality in the flow readings as part of the remission request? M • From: Sledge, Bob Sent: Monday, December 21, 2009 11:48 AM To: Allocco, Marcia Cc: Hood, Donna Subject: LV-2009-0401 Remission Request Hi Marcia, Attached is a remission request from Cross Country Campground for a flow violation that occurred in August. The request is accompanied by a statement and revised DMRs from Dusty Metreyeon, the facility's recently appointed ORC. There may be some issues out there now that make Mr. Metreyeon appear as to be not the most reliable ORC in the Mooresville Region these days. To me, this doesn't help. When I first got the package, I was thinking it was pretty straightforward. There was an error on the original DMR submittal; it's been corrected in BIMS; flow values look ok, no true violations; why don't we just move on? But then I looked at the data. It's for the heart of the summer, when I'd expect their season to be busy, if not busiest. The have 400 camping sites, most for RVs, and most of those have on -site hook ups for sewer. If they do decent business, they're very likely to have higher flows during the summer than they are showing on these "revised" DMRs. Looking at what's been resubmitted for August, they have 14 days reported when flow was less than 10,000 gallons. Some days are higher and are more in line with what has been reported in days past. During the summer of 2008, average flows were 0.025, 0.05, 0.059 and 0.041 MGD respectively for the months of June —September. I know the economy's bad, but did it affect this campground that bad? In June 2009, the average flow (reported by J. Gragg, former ORC) was 0.032 MGD, with the lowest recorded daily flow at 0.008 MGD. Something's not adding up with these new numbers, especially when I see some days flow value as low as 1000 gallons. It just doesn't seem likely. But I could be wrong. Have a fine afternoon. Bob S. Bob Sledge Environmental Specialist NPDES Western Unit NC Division of Water Quality Bob. Siedge(a7ncdenr. gov (919) 807-6398 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. i Beverly Eaves Perdue Governor VIA E-Mail Mir. Ronnie Wise, Manager Cross Country Campground 6254 Hwy 150 East Denver, NC 28037 Dear Mr. NCDENR North Carolina Department of Environment and Fdtu'Resources Division of Water Quality C©leen H. Sullins Director December 21 , 2009 Subject: Remission Request of Civil Penalty Assessment Cross Country Campground WWTP NPDES Permit NC0022497 Case Number LV-2009-0401 Catawba County Dee Freeman Secretary This letter is to acknowledge your request fear remission of the civil penalty levied against the subject facility. Your request will be scheduled for review by the Director and you will be notified of the result. If youhave any questions about this matter, please contact me at (919) 807-6398 or via e-mail at Bob.Sledge@ncdenr.gov. Sincerely, Bob Sledge, Environmental Specialist Point Source Branch. cc: Enforcement File w/originals Central Files w/attachments ec: Mooresville Regional. Office w/attachments 1617 +leil Serves Center, Raleigh, North Carolina 27699-'1617 Location: 512 N. Salisbury St, Raleigh, North Carolina 27604 Phone: 9191307-63001 FAX: 919.807.6492 \ Customer Service: 1-877.623-6748 Internet: www.ncwaterquality,org An Equal Opportunity \ Affirmative Action Employer tine NarthCMolin, Naturally STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT OF CI'ENALTY AGAINST CROSS COUNTRY CAMPGROUND PERMIT NO. NC0024497 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-20O9-040 1 Having been assessed civil penalties totaling $583.71 for violation(s) as set forth in the assessment document of the Division of Water Quality dated November 17, 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 BY ADDRESS TELEPHONE 7 JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2009-0401 Assessed Party: Cross Country Campground County: Catawba Permit Number: NC0024497 Amount Assessed: $583.71 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: (use additional pages as necessary) Cross Country Campground 6254 Hwy 150 East Denver, NC 28037 December 15, 2009 Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617' Whom It May Concern: DENR , W E QUALITY POINT SOURC BRANCH Subject: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-21.5.1(a)(6) and NPDES Permit No. NC0022497 Cross Country Campground WWTP Catawba County Case No. I,V-2009-0401 Thank you for your letter dated November 17, 2009 regarding a notice of violation for Cross Country Campground. Enclosed are four (4) pages which should explain the flow reporting error for August, 2009. 1. Page 1 --- CRC explanation 2. Page 2 — Revised DMR July 2009 3. Page 3 Revised DMR August 2009 4. Page 4 — Revised DMR September 2009 The reporting errors were discovered prior to your letter of November. 17, 2009; however, the corrective action correspondence apparently crossed your letter in the mail. We apologize for the error, will make every effort to avoid its recurrence, and respectfully ask that you rescind the civil penalty. Sincerely, Ronnie Wise, Manager Cross Country Campground /14/2009 10:12 7042830909 METWATER PAGE 01 DR / METWATER CON-OPS 1000 Woodhurst Drive Monroe, NC 28110 Email: mobile: 704.506.4255 To: Central Files, DWQ From: Dusty Metreyeon, Metwater Inc. (sub -contract ORC for Water Tech Labs) Subject: Explanation for Revised DMR's for Cross County Camp Ground; NPDES # NC0022497 Date: I 1-19-09 This letter is intended to explain the necessity for revision of discharge monitoring reports for the above referenced facility, When I toxk over as ORC for Cross Country it was my understanding that the Stevens Flow Meter multiplier was X's 100. However, the correct multiplier is only X's 20. Please find attached herewith, three (3) revised DMR's for the months of July 2009, August 2009 and September 2009 using the correct multiplier. CC: Water Tech Labs (via fax) 3642 _ 3,6 - 5 , / 767(70-4)/ firyt it- v9 t paizs /4C` VIgI d ' . , 1.2/„14/2009 10:12 7042830909 METWATER NPDES PERMIT NO.: NC002497 FACILITY NAME : Cross Country Camp Ground CLASS; II CERTIFIED LABORATORY; Water Tech Labs, Inc. OPERATOR IN RIiSPONSI"BLE CHARGE (ORC): Dusty K. Metreyeert, Met -water Inc. PERSON(S) COLLECTING SAMPLES; Lee h., Water Tech Labs, Inc. CHECK BOX IF ORO HAS CHANQEt7 Mail ORIGINAL arid ONE COPY to: ATTN: CENTRAL MSS DIVISION OF WATER tUALLTY 16 t 7 Ad 411. SERVICE dE*r1ER 617 E EFFLUENT DISCHARGE NO.: 001 MONTH: September YEAR: 2C09 COUNTY: Lincoln GRADE: 4 CERTIFICATION NO. 11697 ORC PHONE: 704.506.4255 DWQ Fccu MR -I (I1104) illiiiir /1412009 10:12 7042830909 NPDE S PERMIT NO.: NC002 2497 FACILITY NAME I Cross Country Camp Ground CERTIFIED LABORATORY: Water Tech Labs, inc. OPERATOR IN RESPONSIBLE CHARGE (ORC): Dusty K, Metreyc0n, Metwater Ino. PERSON(S) COLLECTING SAMPLES: riss Lee Jr., Water Tech Labs, Inc. CHECK BOX IF ORd HAS CHANGED Mail ORIGINAL a ONE COPY to: ATTN: � r DPd1S1ONv1: WA'L'ERbuALrrY 1617 MAIL SERVICE CENTER RALFIG111 NC 27699- lb 17 METWATER 'EFFLUENT PAGE 03 DISCHARGE NO.: 001 MONTH: August YEAR: 2009 COUNTY: Lincoln CLASS: II GRADE; 4 CERTIFICATION NO. 11697 ORC FHONIE: 704.506.425 5 4 ' 6 'i • • G'7 tl =NA�TURE. !CERTIFY /1103 MORT 1S ry, • liAND COMPUTE TO FIRS tERS Y)B/N 1 Sattgday 2 .Sunda 50050 FLOW 0.003 0.003 3 150D1 0.8 Y 00010 0.003 .25 4 5 14151 0.4 B 15001 0,8 Y 6 1300 0,8 Y 7 12301 0.8 Y 8 Salina 9 Sunday 10 1300 0.8 Y 11 1418 0.4 B 12 13 1400 1530 0.8 Y 0.8 Y 00400 UNITS 50060 o UV 04111NAMS ucn 20 0.023 26.7 7.4 <20 0.049 25 0.028 24 0.028 22 0.026 0.026 0.026 0.001 24.7 7.3 0,002 23 0.001 25 14 15 16 1300 0.8 Y Saturday Sunda 0.00? 24 0.025 0.025 <20 <20 BEST CE MY KNOWLEDGE, ///9 9' III s 00310 00610 00530 13.9 4.8 MG/L MINI. 0.9 <2.5 3L616- 00300 /00600 00665. 00556J TIMM PARAMETER CODE ABOVE NAME AND Mrs BELOW p #IIOOMI 1�IG/i MG/L MOIL MCIL 5.16 1.1 C2.5 17 5.81 17 18 I9 20 21 22 1430 0.5 Y 1502 0.4 B 1230 0.8 Y 1130 0.8 Y 1115 Saturday. 23 Sunda 24 2S I230 0.5 Y 1300 0.4 B 26 1115 0.5 Y 27 0.025 25 0.006 26 7.1 0.005 25 0.007 25 0.011 0.011 0.011 24 0.03 26 7.1 0.03 24 1330 1 Y 0.03 28 29 1115 0.8 Y Saturday 30 SWidaav 3��1 -icy AVERAGE M6 MINB411M 0.024 0.009 0.009 0.009 <20 38 2.1 28 24 6.1 1.4 <2.5 1.3 4.7 5.9 24 0.016 26 0.049 0.001 26.7 7.4 2A.7 7.1 rCasap. QC)/Grab (GI Mysttsty Hest Elally 1r18)08un NIA FsequiRtel tansy 0.065 G 0 N/A 6-9 SU N/A 6-9 SU 5twk 1/wk 11 6-7 1.2 3.1 15 5.65 38 13.9 1.4 4.7 220 5.9 c20 2.1 0,9 <2.5 3 5.16 Ci CCC 0 - 0 NIA 30 MG/1 NIA 30 M t, 200 /1000 IV N/A 28 UG/L 45 MG N/A. 45 MO 400 / 100 M N/A 2+wk Uwk L/wk 1/wk 1/wk 1/wk DWQ Form MR (11/04) 12/14/2009 10:12 7042930909 1 i METWATER PAGE 04� NPDES PERMIT 1‘10.: NC0022497 FACILITY NAME F Cross Country Camp Ground CLASS: II cER11F1.tr1) LABORATORY: Water Tech Labs, Inc. OPERATOR IN REiSPONSIBLE CHARGE (CRC): Dusty K. Met con, Metwater Inc. PERSON(S) COLLECTING SAMPLES: Da less Lee Jr., Water Tech Labs, Inc. CHECK BOX IF ORc HAS CHANGED Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL. IDS 911/1SION OF WATER 41JALITY 1617 MAIL 3E,RVICB CENTER RAiLE,IGH, NC 7.7659-R�17 50050 00010 EFFLUENT JUENT I 0 G] FLOW EPT INF Erg g 00400 50060 G 1J .0 1TY addallan DISCHARGE NO.: 001 MONTH: July YEAR: 2009 COUNTY: Liucain • ' 7'� GFQ BY 'IBIS SIGNATURE, (CERTIFY THIS R$PQRT 13 ACCURATE AND C01 tETE TO THS BEST OF MY 1Q' OWLSDGb. GRADE: 4 CER17FICATION NO. 11697 ORC PHONE: 704.506.4255 00310 00610 z 00530 31616 fig D9,ad c ) 1aA`m 00300 '00600 00665 00556I 1 040 k A° ENUR PARAMETER CODE ABOVE NAME AND i1Nl7� rtr-LCCW 11RS IRIS Y/B/N MOD 1 2 3 4 S 6 1231 1231 0.4 0.4 HOLIDAY Salurdav H B Sranda 1212(Y0.4 9 0.002 0.005 0.005 0.005 0.005 0.005 C uNIIa UG/L MG/1. MG/L MG/L #/14I. MG/L MGIL MG/LMGL 7 1408 0.4 B 0.003 24.7 7.3 <20 5.4 25.4 0.8 5.5 25.1 a 9 1230 1414 0,8 Y 1 Y 0.003 26.3 <20 25 7.01 0.002 10 1450 0,3 B 0.002 11 12 Satuday Sunda 13 14 13001 1 Y 12581 0.3,/3 0.006 0,006 26. 7.4 <20 24,2 25.4 ,1.2 8.2 <1 0.006 0,001 25 26.5 7.3 <20 15 13301 I Y 0,001 16 17 13001 1 Y 0.002 I7001 0.5 Y 0.023 18 Saturday 0.023 19 20 21 22 23 Sunday 0,023 1200 13)7 1230 1230 24' 1300 lY 0.4 13 I 0.5 Y 0.5 Y 0,023 0.026 0.029 0.028 0.028 25 .7 0.8 <2.5 s <20 24 23 <20 25.1 23 22 7_4 <20 9.1 1.4 <2.5 25 Saturday _ 0.028 26 27 28 Svoday 0.028 1300 I Y 0.028 1330 0.4 B 0.03 24 24.1 7.4 29 30 1400 1115 0.5 Y 0.5 Y 0.03 0.029 31 1500 0.5 Y 0.031 AVERAGE 0.015 M..xzttJM 0A31 25 24 <20 3.3 <.0.5 24 24.5 26.5 I3.7 0.8 <2.5 4.2 Adirmettrldt Comp. (CYGritb (G7 Monthly Lusk Daily M*, man N/A Fritgwnay }ta11y 0.001 0.065 0 N/A N/A dad�y 22 0 6-9 SU 6-9 SU llwk 7.4 7.3 <20 <20 G 0 26.7 3.3 1.4 <.5 G NIA 30 MO/VIA 28 Ua/L 45 MG/I 71wk I/wk N/A Ilwk 8.2 <2.5 a <1 Cr 18 G 30 MOi 200 /1000 MN/A 45 MG1,400 / 100 M 1/wk 1/wk WA 5.98 5.83 7.01 5.11 17WQ Form MA•4 (I1104) Beverly Eaves Perdue Govpmor NCDENR North Carolina Department of Environment and NaturalResources Division of Water Quality Coleen H. Sullins Dee Freeman Director Secretary July 27, 2011 CERTIFIED MAIL 7009 1680 0002 2464 9679 RETURN RECEIPT REQUESTED Mr. Ronnie Wise, Manager Cross Country Campground 6254 Hwy 150 East Denver, NC 28037 Subject: Remission Request of Civil Penalty Assessment NPDES Permit Number NC0022497 Cross Country Campground WWTP Catawba County Case Number LV-2009-0401 Dear se: QUALITY Vi El', c:ic E, In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North Carolina Division of Water Quality considered the information you submitted in support of your request for remission and remitted $500.00 of the $583.71 civil penalty assessment. The revised amount due is $83.71, for the investigative costs. A copy of the Directdr's decision is attached. Two options are available to you at this stage of the remission process: You may pay the penalty. If you decide to pay the penalty please make your check payable to the Department of Environment and Natural Resources (DENR). Send the payment within thirty (30) calendar days of your receipt of this letter to the attention of: Bob Sledge NC DENR-DWQ — Point Source Branch Compliance & Expedited Permits Unit 1617 Mail Service Center Raleigh, North Carolina 27699-161.7 OR 1617 Mall Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St, Raleigh, Norlh Carolina 27604 Phone: 919-807-6300 \ FAX-, 919-807-6492 Customer Service: 1-877-623-6748 Internet: www.ncwaterquarity,org An Equal Opportunity \ Affirmative Action Employer ne Carolin (aurally Mr. Ronnie Wise LN-2009-0401 Remission Decision p. 2 You may decide to have the Environmental Management Commission's (EMC) Committee on Civil Penalty Remissions make the final decision on your remission request. If payment is not received within 30 calendar days from your receipt of this letter, your request for remission with supporting documents and the recommendation of the Director of the North Carolina Division of Water Quality will be delivered to the Committee on Civil Penalty Remissions for final agency decision. If you or your representative would like to speak before the Committee, you must complete and return the attached Request for Oral Presentation Form within thirty (30) calendar days of receipt of this letter. Send the completed form to: Bob Sledge NC DENR-DWQ — Point Source Branch Compliance & Expedited Permits Unit 1617 Mail Service Center Raleigh,North Carolina 27699-1617 The EMC Chairman will review the supporting documents and your request for an oral presentation (if you make the request). If the Chairman determines that there is a compelling reason to require a presentation, you will be notified of when and where you should appear. If a presentation is not required, the final decision will be based upon the written record. Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission decision based on the original assessment amount. Therefore, the EMC may choose to uphold the original penalty amount and offer no remission, they may agree with the DWQ Director's remission recommendation detailed above, or the penalty amount may be further remitted. Thank you for your cooperation in this matter. if you have any questions, please contact Bob Sledge at (919) 807-6398, or via e-mail at bob.sledge@ncdenr.gov. Sincerely, ohn E. I- ennessy, Supervisor Compliance & Expedited Permits Unit Attachments cc: Mooresville Regional Office — SWP Section Enforcement File DWQ Central Files DIVISION OF WATER QUALITY CIVIL PENALTY REMISSION FACTORS Case Number: LV-2009-0401 Region: Mooresville County: Catawba Assessed Entity: Cross Country Campground WWTP Permit: NC0022497 ® (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: The facility's ORC stated errors were made in calculating flow values. The error was identified and , amended DMRs have been submitted, which show the facility to be in compliance with this parameter. Amended flow values have been received. They appear more in line with historical records for this facility and do depict compliant performance. ❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: ❑ (c) Whether the violation was inadvertent or a result of an accident: ❑ (d) Whether the violator had been assessed civil penalties for any previous violations: The facility was assessed penalties for limit violations on 10 occasions during the five years preceding this civil assessment. ❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: DECISION (Check One) Request Denied ❑ Full Remission Retain Enforcement Costs? Yes ❑ No ❑ Partial Remission❑ $ (Enter Amount) ai4 EA- 11 Coleen H. Sullins ate STATE OF NORTH CAROLINA COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST: Cross Country Campground ENVIRONMENTAL MANAGEMENT COMMISSION DWQ Case Number LV-2009-0401 REQUEST FOR ORAL PRESENTATION I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements: • This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. • Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh, North Carolina. • My presentation will be limited to discussion of issues and information submitted in my original remission request, and because no factual issues are in dispute, my presentation will be limited to five (5) minutes in length. The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of this letter. Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3. • If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee; however, if you intend on having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. • If you are a corporation. partnership or municipality and are granted an opportunity to make an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible. If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations, partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law. Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is informed that a potential violation of the statute concerning the authorized practice of law has occurred. This the day of , 20 SIGNATURE TITLE (President, Owner, etc.) ADDRESS k • ! a • . 4 I TELEPHONE ( ) 711 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director Dee Freeman Secretary November 17, 2009 CERTIFIED MAIL 7008 1140 0002 2716 7369 RETURN RECEIPT REQUESTED Mr. Wray Frazier, Vice President Cross Country Campground 6254 Hwy 150 East Denver, North Carolina 28037 SUBJECT: Dear Mr. Frazier: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0022497 Cross Country Campground WWTP Catawba County Case No. LV-2009-0401 This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $583.71 ($500.00 civil penalty + $83.71 enforcement costs) against Cross Country Campground. This assessment is based upon the following facts: A review has been conducted of the self - monitoring data reported for August 2009. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0022497. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Cross Country Campground violated the terms, conditions, or requirements of NPDES Permit No. NC0022497 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). 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, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Cross Country Campground: Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org No`rthCarohna .2V>7turiilhi 500.00 500.00 83..71 5.83.71 For 1 of the one (1) violation of G.S. I43-215,1(a)(6) and NPDES Permit No. NC0022497, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for flow. TOTAL CIVIL PENALTY Enforcement 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 Fact and Conclusions of Law and the factors set forth at G.S. 1,43B-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 violations; (2) The duration and gravity of the violations; (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 violations were 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 Compliance/Enforcement ,nit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-16 7 OR Submit a written request for remission 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 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 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: whether 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; whether the violator promptly abated continuing environmental damage resulting from the violation; whether the violation was inadvertent or a result of an accident; whether the violator had been assessed civil penalties for any previous violations; or whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted in writing. The Director 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 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 "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 OR 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 andlor 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 671.4 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 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 notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney Generals 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 the violations are of a continuing nature, not related to operation andlor maintenance problems. and you anticipate remedial construction Activities, then you may wish to consider applying for a Special Order by Consent. If vou have any uestions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at (704) 663-1699. ATTACHMENTS .obert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File vyl attachments Central Files w/ attachments rblma ATTACHMENT A CASE NO. LV-2009-0401 Outfall Parameter Reported Value Permit Limit 001 Flow 0.0926 MGD* j 0.065 MGD Denotes civil penalty assessment The permittee did not report a value for the monthly average flow for August 2009. The monthly average noted above was calculated by DWQ using the flow values reported for each day of the month in August 2009. STATE OF NORTH CAROL NA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST CROSS COUNTRY CAMPGROUND PERMIT NO. NC0024497 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2009-0401 Having been assessed civil penalties totaling S583.71 for violation(s) as set forth in the assessment document of the Division of Water Quality dated November :17, 200.9, 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 ADDRESS BY . 2009 TELEPHONE JUSTIFICATION FOR RENIISSION REQUEST DWQ Case Number: LV-2009-0401 Assessed Party: Cross Country Campground County: Catawba Permit Number: NC0024497 Amount Assessed: $583.71 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 civilpenalty 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: (use additional pages as necessary) NORTH CAROLINA DIVISION OF WATER ( t'ALITY Violator: Facility: County: Case Number; LV-2O09-0401 ASSESSMENT FACTORS Cross Country Campground Cross Country Campground Catawba Permit Number: NC0024497 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; The monthly average flow of OE0926 MGD exceeded the permit limit of 0,065 MGD for the month of August 2009. The duration and gravity of the violation; The monthly average flow permit limit was exceeded by 425% during the month of August. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were committed willfully or intentionally. The reported flow at the Cross Country Campground WWTP has increased with the new ORC at the facility. 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 11 other CPAs against Cross Country Campground for their WWTP during the life of the permit with no CPAs having been issued in the past twelve months. 8) The cost to the State of the enforcement procedures. The cost to the Mooresville regional Office was $83,71. 111/4. ,/(' _61 .4 Date RO Supervisor Division of Water Quality MONITORING REPORT(MR) VIOLATIONS for: �FPP�n171wH %�-T 4.. € f, {Verne". Majar Minor•. . PERMIT: NC0006190 Report Date: 11/02/09 Page: " '' { " °w n� Vtoo atton,Cafe a `' l �1 of tro Re loin MooTesv�I a �a Yg4'ry }Q� g4e 'M-sco-"" ads i, � ., Ri 3 p-':}�?�+-•;!'dyR r r Pi",` yx 7 §-+. F�, ;a i. Wa x u •at Y' ".f °r4 '� �`� x^ f % � %�iw r p sti r - t� fF ��i "��= FACILITY: Delta Apparel Inc - Delta Apparel I Maiden COUNTY: Catawba '144 4 of 25 -Pr ar9-Ca gor9y, NPDES!1NW sir V�Oi t r ctol"`�ds�,• za REGION: Mooresville Limit Violation MONITORING OUTFALL! REPORT PPI LOCATION 08-2009 001 Effluent PARAMETER COD, Oxygen Demand, Chem. (High Level) tiXN- mac(- L- O44-. VIOLATION • DATE FREQUENCY 08/31/09 Weekly UNIT OF MEASURE LIMIT lbs/day 2,900 CALCULATED VALUE gb VIOLATION TYPE VIOLATION ACTION 3,182.08 ctt} Monthly Average Exceeded None PERMIT: NC0022497 -' FACILITY: Cross Country Campground - Cross Country Campground COUNTY: Catawba REGION: Mooresville Limit Violation MONITORING OUTFALL! REPORT PPI LOCATION PARAMETER 08-2009 001 Effluent Chlorine, Total Residual 08 -2009 001 Effluent Flow, in conduit or thru treatment plant Pricsc's= 0 " • n o PERMIT: NC0034754 FACILITY: Commscope Inc - l--�f "r -- c4c VIOLATION UNIT OF DATE FREQUENCY MEASURE LIMIT 08/18/09 2 X week ug/I 08/31/09 Continuous mgd Commscope WWTP COUNTY: Catawba CALCULATED YQ VALUE VIOLATION TYPE 28 38 Daily Maximum Exceeded 0.065 0.0926 43'5Monthly Average Exceeded REGION: VIOLATION ACTION No Action, BPJ None Mooresville Limit Violation MONITORING OUTFALL! VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE ,:FREQUENCY MEASURE LIMIT VALUE 08-20b9 -- =401 - -Effluent ' ' Chlorine, Total Residual 08/25/09 2 X week ug/I 28 ` ''48'7 VIOLATION TYPE VIOLATION ACTION Daily Maximum Exceeded No Action, BPJ North Car Beverly Eaves Perdue Governor a Department of Environment and Natural Resources Division of Water Quality Coleen H,Sulhns Director January 24, 2011 WRAY FRAZIER CROSS COUNTRY CAMPGROUND 6254 NC HWY 150 E DENVER NC 28037 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Cross Country Campground Permit Number: NC0022497 Case Number: MV-2010-0034 Catawba County Dear Mr. Frazier: Dee Freeman Secretary RECENE 0 OR ON OF ,V,ATER QUALITY „IAN 2 ti 2011 SWP SECTION MOGRESVUE REGIONAL OFFICE This letter is to acknowledge receipt of check number 2078 in the amount of $585.06 received from you dated January 18, '2010. 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 Pen -nits. If you have any questions, please call Robert L Sledge at 919-807-6398. Sincerely, Jovonah Weeden cc: Central Files DWQ Mooresville Regional Office Supervisor 1f3E7 Sen,te Center,: Rafekth, North Carolina 2,7699,.1617 Location: 512 N, Salisbury, St, Raleigh, North CarGina 27604 Phone: 919-807-8100 FA 919-8074492 Customer' Service: 1-877-623-8748 Internet WWI novaterquatity.org Po Equal Optionsusti anintinsee tentis histailoyst ,Orle t CarOltlia itrally Beverly E Governor es Perdue NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H Sullins Director CERTIFIED MAIL, 7009 2250 )004 3266 2101 RETURN RECEIPT REQUESTED Mr. Wray Frazier Cross Country Campgrounds, Inc. 6254 NC Hwy 150 E Denver, North Carolina 28037 SUBJECT: flea 2010 Notice a1 Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0022497 Cross Country Campground ` rwl=TP Catawba County Case No, MV-2010-00 34 Dee Freeman Secretary This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $585.06 ($500.00 civil penalty -+- $85..06 enforcement costs) against Cross Country Campgrounds, Inc. This assessment is based up e n the following facts: A review has been conducted of the self- monitoring data reported for September 2010. This review has shown the subject facility to be in violation of the monitoring requirements found in NPI)ES Permit No. NC0022497. The violations that occurred are summarized in. Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Cross Country Campgrounds, Inc. violated the terms, conditions, or requirements of NPDES Permit No, NC0022497 and North Carolina General Statute (O S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 2 I 5.6A(a)(2).. 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, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Cross Country Campgrounds, Inc.: Mooresville Regional Location: 610 East Center Ave., Suite 3001 Mooresville, NC 28115 Phone: (794) 663-169.91 Fax: (764) 663 604D 1 Customer Service: '1-877-623-6748 Internet httparoortatncdenr.orgtwebiwq ttt" N�o . h Carolina Naturally prrrtugLI Affirm e y '-;3i:.., Recycie.3009% Past Cncurrx' paper 250.00 For I of the one (1) failure to monitor for total nitrogen quarterly in violation of the terms of NPDES Permit No, NC22497. 250.00 For I_ of the one (I) failure to monitor for total phosphorus quarterly in violation of the terms of NPDES Permit No. NC22497. 500.00 TOTAL CIVIL PENALTY 85.06 Enforcement costs, 585.06 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: (I) (2) (3) (4) (5) (6) (7) (8) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; The duration and gravity of the violations; The effect on ground or surface water quantity or quality or on air quality; The cost of rectifying the damage; The amount of money saved by noncompliance; Whether the violations were committed willfully or intentionally; The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and The cost to the State of the enforcement procedures. 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 forin), 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 thin Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission 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 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 that no factual or Iegal 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) (2) (3) (4) (5) whether 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; whether the violator promptly abated continuing environmental damage resulting from the violation; whether the violation was inadvertent or a result of an accident; whether the violator had been assessed civil penalties for any previous violations; or whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted in writing. The Director 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 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 "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 OR 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 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 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 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. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at (704) 663-1699. 22-110 (Date) ATTACHMENTS Robert B. Krebs, Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality cc: Mooresville Regional Office Compliance File w/ attachments Raleigh Compliance/Enforcement File w/ attachments Central Files w/ attachments rk/ma ATTACHMENT A CASE NO. MV-2010-0034 Outfall Date Parameter Reported Value Monitoring Requirement 001 Quarter ending 9/30/10 Total nitrogen None Monitor 1 x/Quarter 001 Quarter ending 9/30/10 Total phosphorus None Monitor 1xlQuarter * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CABARRUS IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST CROSS COUNTRY CAMPGROUNDS, INC. PERMIT NO. NC0022497 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. MV-2010-0034 Having been assessed civil penalties totaling $585.06 for violation(s) as set forth in the assessment document of the Division of Water Quality dated December 22, 2010, 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 , 2010 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: MV-2010-0034 Assessed Party: Cross Country Campgrounds, Inc. County: Cabarrus Permit Number: NC0022497 Amount Assessed: $585.06 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 (Le., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) Violator: Facility: County: NORTH CAROLINA DIVISION OF WATER QUALITY ASSESSMENT FACTORS Cross Country Campgrounds, Inc. Cross Country Campground WWTP Catawba Case Number: MV-2010-0034 Permit Number: NC0022497 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; No harm has been documented 2) The duration and gravity of the violation; The permittee failed to monitor total nitrogen and total phosphorus during the third quarter of 2010 (June -September). 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown is monitoring was not completed. There are no limits associated with total nitrogen and total phosphorus in the permit. 4) The cost of rectifying the damage; No damage has been documented. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is equivalent to the cost to complete total nitrogen and total phosphorus monitoring (—$125 - $150 for both analyses). 6) Whether the violation was committed willfully or intentionally; This is the fourth quarter in which B1MS has flagged the total nitrogen and total phosphorus monitoring as not being completed. Third quarter violations were addressed under LM-2010-0041. 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 15 previous CPAs for the Cross Country Campground WNTP during the life of the permit with three CPAs issued in the past twelve months as detailed below. Case Number Description LM-2010-0041 LV-2010-0059 $508.71 for ammonia -nitrogen limit violations and dissolved oxygen, total nitrogen, and total phosphorus monitoring violations. Penalty was paid in full. $333.71 fecal coliform limit violation. Penalty was paid in full. LV 2t?Q9-$583 71 flo... ©4©1 � flow limit violation. Permittee has sought reion of penalty but final decision by DWQ has not been made, 8) The cost to the State of the enforcement procedures. The cost to the Mooresville Regional Office was $85,06, /2--/z.yrD Date Robert B. Krebs, Regional Supervisor Surface Water Protection Division of Water Quality MONITORING REPORT(MR) VIOLATIONS for: Permit: % IV1Rs Between. 9-20 Facility Name: 0 , ParamNarlle, Major Minor: % Region: Mooresville ounty: % Report Date: 12/07116 Page: 2 of 20, Violation Category Monitoring Violation Program Category, NPUES WLV Subbasin: ty, Violation Action None PERMIT: NC0022497 FACILITY: Cross Country Campground - Cross Country Campground COUNTY: Catawba Monitoring Violation MONTI ORIN(.3 Ott - 7010 0- 2010 OUTF AI.I / PPI LOCATION 001 L fluent P A RAM L011 E REGION: Mooresville Nitrogen, TolaI 1',„;) GoncenleatIon 001 Effluent Phosphorus, Tote' Concentration PERMIT: NC0060593 V101,...ATION PAIL FREcuEttCY 0930110 Quarterly UNIT OF MEASURE 09030/1 0 Quarterly mg/I CALCULATED LIMIT VALUE o, OVER LIMIT Vlol..ATION (YEE- VIOLA NON ACTION Frequency ViolaUnn None Frequency \Aolalion None. FACILITY: Aqua North Carolina Inc - Spinnaker Bay W TP Monitoring Violation COUNTY: Catawba REGION Mooresville MOTIM TOPING 010r1 ALL / 41Er'CRT DPI I /ii AL iNI PARAMETER 0,9-2010 001 Ef-fhLEPLC.,, Chlorine, Toial ij,es4lual VIOLATION PATE 09104/10, FREQL.)ENCY 2 X week UNIT OF MLLIASURE ugh1 CALCULATED .„ LEM' I VALUE. % OVE:R. LIM T I - VIOLATION TYPE VIOLATION ,ACTION Frequenq VLIIEntIDI1 Norne PERMIT: NC0063355 FACILITY: Aqua girth Carolina Inc - Killian Crossroads WWTP COUNTY: Catawba REGION: Mooresville , Monitoring Violation moNITOPINPI 01)-EITALL ICII)L. N POR 1)1LAll ON p A. RA 11,1 EIE R 09 - ?bl o 001 F.41uent Chlorine, total Re.,..Id„ual 09104 /1 0 , tti rt1,11N1‘))1,11::t1.1-i„„ ) ..„)1 UNIT Dr ,,CIA1.‘,„ L,--.-LAULLAJ E 0 , „ FREQUENCY IVIE/V5IJNE 'A 0 V E R LI mir,„ VIOLATION TYPE. LIMIT ,, , 2 X week uc,fi,\ VIC,LATIC)N ACTED- Frequeilc:y Violation None ‘LL No Beverly Eaves Perdue Governor h r na Department o Environment and Natural Resources Division of Water Quak'ity Coeeen f i, Dee Freeman Director Secretary December 14, 2010 WRAY FRAZIER CROSS COUNTRY CAMPGROUND 6254 NC HWY 150 E DENVER NC 28037 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Cross Country Campground Permit. Number: NC0022497 Case Number: IN-2010-0385 Catawba County Dear Mr. Fraizer: WATER (NIAIrry This letter is to acknowledge receipt of check number 2043 in the amount of $335.06 received from you dated December 9, 2010. 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 Pennits, If you have any questions„ please call Robert L Sledge at 919-807-6398. cc: Central Files DWQ Mooresville Regional office Supervisor 807-6300 rtema AD Era] 30745492 Customer Service: 14471-623-8748 Caro h" ] tie ��`F 1 NCDENR ortr Carolina Department of Environment and Natura Division of Water Quality. Beverly Eaves Ferdue Coieen H. Suilins Governor Director CERTIFIED MAIL RETURN RECEIPT R1,Q[..:>ESTEI) 9 2250 0004 3266 14S7 WravT Frazir. 'ice President Cross Country Campgrounds, Inc, 6254 Hwy 150 East Denver, North Carolina`28 Dear lvlr. 1 ra.zi r: This letter transmits a Not S335.06 (S250.00 civil penalty Notice of Violation rand Assessment o T ,C. General. DES Permit 1 .ountry Campground ,ount— lV 010 tl l5 This assessment is based upon the following riaonit ring data reported for August 2.tv110. This reyie vio.lEation of the discharge 1imita summarized in Attachment A to d upon the aboy Inc. violated the terms, conditions, or recto Carolina C ene.ral Statute (t C.S.) 143 15.1(a civil per 2 15.6A(a Freeman Secretary 497 vrnalty itt tlae araiount of Country Caa al? trounds, Inc... s been conducted of the self - the subject facility to be in. nd in NR".)1 :S Per- lit No. NC00r2497. `The vioi,it on.s are ..d .eondance e- Based sport th.e above provided by the Secretary, oft. of the Division of'cter dual for the Mooresville Region, hereby make. the follow'. Campground, Inc.: ndin .rs of fact and conclusions of law, atr.c Department of Environment and Natural I, Robert ;B, Krebs, Surface Water Pr I penalty at rids, W'002249 ancll oath van in Attachment A. A G.S. 143- accordance authority. d the Director I Super ent against Cross Country hxic,caresuirle Regional Office Location: 610 East Center ,Ave . '& ite'301 Mc resvil!e. NC 8 E 1,5 rune: (70,4) 661,1669 t Fax: (704 ii,613-604i31 Customer Seriicei i 4 623.6748 Internet: ii!tp:11poTtal nodenr.orgiwehrtwr1 Pursuant to C.S. l4 - Findings rrf Fact and Conch➢ col[ on CAI 0. 4 7 bt, is teal TOTAL. CIS' Lr PENALTY Enforcement costs. TOTAL AMOUNT [)LE rnrno the amount of the penal t"' I have to en int t count the zd. the factors set forth at tr.S. 1438-282,l( ;E. which are: (1) The degree and extent of harm to tl e. ntt private property resulting from the viola The duration and gravity of the violation The effect on ground or surface water quantity or qua The cost of rectifying the damage; The amount of money saved by noncom 1 !l. Whether the violations were committed The prior record of the violator in comply the I*-nvironrnenta.l Management Commission The cost tc the State of the enforcement plocectiTress. thirty days of receipt o.1 this notice, Submit payment of tl e penalty: rrr➢ts do one c iurces of the State, he puhIe health, or to prig Jity, and. Paymel should he made directly to the order of tl"Ie I tepartrrtent of Environment and atr t at ad 1'1"diver tbrml,. Payme t of the penal' ' wil not: foreclose further any continuing or new nt to the attention of, Source Compliancedinforcerne. .sion of Water Quality 617 Mail Service Center ale.I lx. North Carolina 2 7699-1617 OR Submit a fr➢r re i sion incl ding a detailed 'ear such request: Please be aware that a request for remission is limited to consi le.ration c f the tive factorw listed below a they may relate to the reasonableness fthe amount of the penalty assessed, eque.sting the proper procedure for contesting, whether the violationts,) occurrch of any rrf th 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 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 G.S. 143B-282.1(b) were 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 information presented in support of your request for remission must be submitted in writing. The Director 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 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 "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 OR 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 I r`ciluired seven E o business days Office of Administrative Heart- a s - tti: al a . r.Y7Cis re fir+ i i ` 14 ili ng a1 t;r tI t ails of the The mailing address and teiet l 4 re and faN nun' ben'for the Office e 4 dr".1 nistr:Stitie Hear inFsare asf,lln �e Ceti c tit 6 .' 1 Raleigh, Tel, 1'91 3000, Fax: (9i ? 31-311iw0 Ocie €1 ciap3 rrf the petition niras n DE\ R as ifolloy, tar Penny Thompson, General Counsel D.,C uN K 1601 \lail Set -ice Center R.aale't li, �lC d7 99-I.601 Please i.tadicate the e.a umber 4,ai,s 'found on page one to exercise one of tlte. c l bons .above �s an internal datettime i°Wceived stamp Attorney General's Office for collection of the pena. Please be advised C aat additional ? -nalties May be. assessel cried. to cons cc -A: rk;'"iaa _the\tol.ation Ire caf`mt ua t t S?cS -sou ai ease Contact t Sur 1 Office Compliance 'Enforcement -.laments Prc: egion.al Office utility n. ations that occur n ATTACHMENT A CASE NO. LV-2010-0385 Outfall Date Parameter Reported Value Permit Limit 001 8/31/10 Fecal conform 292.2 CFU/100 mL* 200 CFU/100 mL (Monthly geometric mean) Denotes civil penalty assessment fw' Case Number: Assessed Party: Cross c County: Catawba Permit Number: fit, t.li,2n Amount Assessed: S = .06. Please use this f rtn .wl en req. listed below as t �esti accuracy c; Pursua.n more yf, case and urov 3�. ( d ) act.00 n e'cessary aware that a rec� may relate to I. not the proper procedu RENLIS You IT attach all docume.i is at 'C n Director to oon icl r in alcii"ttt fi c it re mission is Limited to co of the amount of the ci enal e factors he factual statements contained penalty asesat tei t document.. 1 l B-282.1(c), remission of a c ivl pe the tic , be er intod only srl.en one or factors applies. Please cheep each fa to that you believe applies to yc \pl Ir2.].t.Ee i1.. in "lucli.ne copies of supp )rting documents, as to pages as iie e or mo d to the de document); tle exploit the N, le or some was ad no prevo 1L iNl_Yrr,Ln. 14,111 prevent t.tiz.r i?,tp Ci n NORTH CAROLINA DIVISION OF WATER QUALITY ASSESSMENT FACTORS Violator: Facility: County: Case Number: Permit Number: Cross Country Campground. Inc. Cross Country Campground WWTP Catawba LV-2010-0385 NCO022497 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; The fecal coliform monthly geometric mean concentration of 292.2 CFU/100 mL exceeded the permit limit of 200 CFU/100 mL. 2) The duration and gravity of the violation; Although the monthly geometric mean permit limit was exceeded by 46.1% each weekly reading (four total) did not exceed the daily maximum permit limit of 400 CFU/100 mL. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown as instream bacterial monitoring is not required by the permit. Fecal coliform is an indicator species for possible pathogens and increased levels can signal human health hazards. 4) The cost of rectifying the damage; No damage has been established. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown but could be equivalent to the cost of additional disinfection chemicals. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were 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 There have been 14 previous CPAs for the Cross Country Campground WWTP during the life of the permit with three CPAs issued in the past twelve months as detailed below. Case Number Description LM-201 D 0041 $508.71 for ammonia violations and monitoring violations for total nitrogen, total phosphorus, and dissolved oxygen. Penalty was paid in full. LV-2010-0059 $333.71 for a fecal coliform limit violation. Penalty was paid in full. LV 2009 04D1 $583.71 for a flow limit violation. Permittee has sought remission of penalty but final decision by DWQ has not been made. 8) The cost to the State of the enforcement procedures. The cost to the Mooresville Regional Office was $85.06. Robert B. Krebs Surface Water Protection Regional Supervisor Division of Water Quality MONITORING REPORTI VIOLATIONS for: Permit: % Facility Name % Mayor Minor: `/ MRs Between, 8- 01/) and-20lit Region: Moore-vil Param Name: a County:' ti Vio ton Category: Subbasim tool Report Dale. 11/2210 Page. 1 of 4 Program Category: NPDES Violation Action: None PERMIT: NC0022497 FACILITY: Cross Country Campground - Cross Country Campground COUNTY: Catawba REGION: Mooresville It Violation MONITOR R E P:)TT 08 -20'l0 OUTFALI.. 1 PPI 1('R.ATION PARAMETER Effluent C:ol'iform, Fecal MF, M-FC Elroth,44. JC VIOLATION UNIT Or DATE FREQUENCY MEASURE 08/31/10 Weekly LIMIT CALCULATED VALUE )VER LIMIT VIOLATION TYPE #1100Tn1 200 292.17 46.08 Monthly Genrnetric Mean Exceeded 'T'it?N ACTION None PERMIT: NC0028606 PAC IL TY: NC DOT - Environmental Operations - I-77 Rest Area Iredell County COUNTY:Iredeil REGION: Mooresville Limit Vublate n UNI PORING OUTFALL I REP :lRT rim L11,)C,ATIoN 08 -2U10 OCr1 Effluent 08 -2010 1 Effluent "ARAMETER ne. Total Res r1, Fecal ME, M•FC 4 5C VIOLATION LINIT/©P CALCULATED DATE FREQUENCY MEASURE LIMIT VALUE °U OVER ElM6T VIOLAT TYPEVIOLATION ACTION d 08/12/10 2 X week ughl' 28 167 496.43 Daily Maximum Exceeded None l 08125.110 Weekly #/l00m1 400 ' 770 92.5: Daily Maxim' Exceeded Ndne PERMIT: NC0046728 FACILITY: Town of Mooresville - Rocky River WWTP COUNTY: Iredell REGION: Mooresville Limit Violation RING OLTTFIALL f'I I LOCATIF)N PARAMETER 001 Effluent Lii), Oxygen, Da 08..2010 001 VIOLATION DATE FREQUENCY 08/05/10 5X week. Oxygen, Dissolved 08/26/10 5 X week V.(NIT ©F MEASURE LIMIT TON TYPE VIOLATION ACTION 0.17 Daily Mt nin um Not Reached None 0.67Dairy Mint mr rrl Nut Reached N North Caro Beverly Eaves Perdue Governor WRAY FRAZIER CROSS COUNTRY CA 6254 NC HWY 150 E DENVER NC 28037 SUBJECT: Dear Mr. Frazier: pna Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director October 26, 2010 ROUND Payment Acknowledgment Civil Penalty Assessment Cross Country Campground Permit Number: NC0022497 Case Number: LM-2010-0041 Catawba County oIVISIO' Dee Freeman Secretary ECEIVED WATER QUALITY 0 j, 2 8 2.010 SWWYP SECTION MOORESVILLE REGIONAL OFFICE This letter is to acknowledge receipt of check number 1868 in the amount of $508.71 received from you dated October 21, 2010. 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 Robert L Sledge at 919-807-6398. cc: DW Central Files Mooresville Regional Office Supervisor ttSl Malt ServiceCentex Raleigh, North w., Location: tth2 N Salisbury ur St Raleigh, North iw Phone 9 9tu.-&t2X)tFAX, 9t9.. CF 492,Cii St met: %him oow ter+ivelitty org An Enna! t p.€l revt Mfiullover ;Employer Sincerely, ovonah Weeder AV& NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director Dee Freeman Secretary September 24, 2010 CERTIFIED MAIL 7009 2250 0004 3266 1326 RETURN RECEIPT REQUESTED Wray Frazier, Vice President Cross Country Campground 6254 Hwy 150 East Denver, North Carolina 28037 SUBJECT: Dear Mr. Frazier: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0022497 Cross Country Campground WWTP Catawba County Case No. LM-2010-0041 This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $508.71 ($425.00 civil penalty + $83.71 enforcement costs) against Cross Country Campground. This assessment is based upon the following facts: A review has been conducted of the self - monitoring data reported for June 2010. This review has shown the subject facility to be in violation of the discharge limitations and monitoring requirements found in NPDES Permit No. NC0022497. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Cross Country Campground violated the terms, conditions, or requirements of NPDES Permit No. NC0022497 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). 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, Robert B. Krebs, Surface Water Protection. Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Cross Country Campground: Mooresville Regional Office Location: 610 EastCenlerAve., Suite301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-6040 \ Customer Service: 1-877-623-6748 Internet: http:llportal.ncdenr.orglweblwq An Equal Opportunity \ AOirmative Action Employer — 30% Recycled/10°A Post Consumer paper NorthCarolina ;Vaatiiraiyy 100.00 250.00 25.00 25.00 25.00 For 1. of the one (1) violation of G.S. 143-215.1(a)(6) and NPDES Petmit No. NC0022497, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for ammonia -nitrogen. For _1 of the one (1) violation of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0022497, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for ammonia -nitrogen. For 1, of the one(1) failure to monitor for dissolved oxygen weekly in violation of the terms of NPDES Permit No. NC22497. For 1 of the one (1) failure to monitor for total nitrogen quarterly in violation of the terms of NPDES Permit No. NC0022497. For 1 of the one (1) failure to monitor for total phosphorus quarterly in violation of the terms of NPDES Permit No. NC0022497. $ 425.00 TOTAL CIVIL PENALTY $ 83.71 Enforcement costs. $ 508.71 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 th 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 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 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 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: whether 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; whether the violator promptly abated continuing environmental damage resulting from the violation; whether the violation was inadvertent or a result of an accident; whether the violator had been assessed civil penalties for any previous violations; or whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted in writing. The Director 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 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 '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 OR File a petition for an administrative hearing with the Officef 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 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 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 notice, as evidenced by an internal date/time received stamp (not. a postmark), will result in this Outfall 001 001 001 001 001 Date 6/17/10 6/30/10 Week ending 6/19/10 Quarter ending 6/30/10 Quarter ending 6/30/10 ATTACHMENT A CASE NO. LM-2010-0041 Parameter Ammonia -nitrogen Ammonia -nitrogen Dissolved oxygen Total nitrogen Total phosphorus * Denotes civil penalty assessment Reported Value 18.7 mg/L* 5.9 mg/L* None* None* None* Permit Limit 15.0 mg/L (Daily maximum) 3.0 mg/L (Monthly average) Monitor lx/week Monitor 1 x/Quarter Monitor lx/Quarter Please the review perio you may wish to con about this civil penalty a Quality Section staff of the (Date) ATTACHMENTS cc: rb/ma matter being referred to the Attorney General's Office for collection of the pena action. hrough a civil e advised that additional penalties may be assessed for violations that cur after of this assessment. If the violations are of a continuing natur not related to operation and/or "ntenance problems, and you anticipate remedial constr on activities, then er applying for a Special Order by Consent. If y2dhave any questions essment or a Special Order by Consent, pleefSe contact the Water o resville Regional Office at (704)6'63-1699. ///' Robert B. Regional upesor Surface ater Pro -ction Moore;ville Regiona Divi on of Water Qua Water Quality Regional Sup visor w/ attachments Compliance/Enforcement i e w/ attachments Central Files w/ attachmehts 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 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. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at (704) 663-1699. g/L-Libo (Date) ATTACHMENTS Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files wl attachments rb/ma STATE OF 'NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST CROSS COUNTRY CAMPGROUND. PERMIF NO. NC0022497 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LM-2010-0041 Having been assessed civil penalties totaling $508.71. for violation(s) as set forth in the assessment document of the Division of Water Quality dated September 24, 2010, 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 ADDRESS TELEPHONE BY , 2010 JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LM-2010-0041 Assessed Party: Cross Country Campground County: Catawba Permit Number: NC0022497 Amount Assessed: $508.71 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: (use additional pages as necessary) STATE OF NORTH CAROL rA COUNTY OF CATAWBA IN THE MATTER OF A SESSMENT OF CIVIL PENALTY AG INST CROSS COUNTRY CAMP ROUND PERMIT NO. NC0022497 Having been assessed civil pena assessment document of the Division o undersigned, desiring to seek remission o administrative hearing in the above -stated in the assessment document. The undersigned support of remission of this civil penalty must b Water Quality within 30 days of receipt of the nofi of a remission request will be allowed after 30 day This the day of DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. Ly.'-21310-0041 es totaling $508.71 ater Quality dated e civil penaltie :er and does her und submitt of violation(s) as set forth in the pternber 24, 2010, the does hereby waive the right to an tipulate that the facts are as alleged stands that all evidence presented in d to the Director of the Division of essment. No new evidence in support o the receipt of the notice of assessment. 2010 BY TELEPHONE NORTH CAROLINA DIVISION OF WATER QUALITY ASSESSMENT FACTORS Violator: Facility: County: Case Number: Permit Number: Cross Country Campground Cross Country Campground WWTP Catawba LM-2010-0041 NC0022497 I) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; No harm has been documented to the environment. Wastes containing ammonia -nitrogen introduced to surface waters can result in lowered concentrations of oxygen to aquatic organisms as the wastes are broken down. 2) The duration and gravity of the violation; The ammonia -nitrogen concentration of 18.7 mg/L on June 17, 2010, exceeded the daily maximum permit limit by 24.7%. The ammonia -nitrogen monthly average permit limit was exceeded by 95.2% during June 2010. Other sampling during the month was -11.1 mg/L until after the exceedance where it dropped down to < 0.5 mg/L. Monitoring for dissolved oxygen was not completed for the week ending June 19, 2010 (week of ammonia -nitrogen violation). Total nitrogen and total phosphorus monitoring was not competed for the second quarter of 2010 (April -June). 3) The effect on ground or surface water quantity or quality or on air quality; There are no documented impacts to groundwater or air quality and none are expected. A decrease in instream dissolved oxygen could be expected since ammonia -nitrogen is an oxygen - consuming waste (instream toxicant) and therefore increased concentrations can reduce the amount of oxygen available to aquatic organisms. No downstream impacts to dissolved oxygen were noted on June 22, 2010 (first sampling since daily maximum permit limit violation). 4) The cost of rectifying the damage; No damage was documented. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is equivalent to money needed to repair blowers which was spent following the permit limit violations. Amount of money saved by not monitoring is equivalent to that paid to contractors to do the work. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were committed willfully or intentionally. Permittee and their ORC worked quickly to repair blowers following violation and repeated failures of the blower motors. It is unclear whether preventative maintenance could have prevented failures. 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 13 previous CPAs against the Cross Country Campground WWTP during the life of the permit with two CPAs having been issued in the past twelve months as detailed below. Case Number V-2010-0959 LV-2009-0401 Description $33371 fecal coliform limit violation. Penalty was paid in full. $583,71 flow limit violation Permittee has sought remission of penalty but final decision by DWQ has not been made. 8) The cost to the State of the enforcement procedures, The cost to the Mooresville regional Office was $83.71. Date Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality EtItitlIttelertAtitit, Iritti,:,,.fFacijity Na tiittrtrirtrtvtItner,z5;14 PERMIT: NC0022497 MONITORING REPORT(MR) VIOLATIONS for: eo, -relt064' \ Report Date' 09/21/10 PageT 3 of 24 „„au,caaavewirettmerprietaewortatIfttereitEtrtorritatenoiriitioee Viotatiori'Actipw,% FACILITY: Cross Country Campground - Cross Country Campground COUNTY: Catawba REGION: Mooresville Monitoring Violation MONITORING OU TE ALL / RE RCM T 06 -2010 06 -2010 DPI LOCATIONPARAMETER 001 Effluenl 00, Okygen, Dissolved 00'11 Effluent Nitrogen, Total (as N) CCU uettration 06 - 2010 001 EtTlirent PhosphOntS, Total (as 0) - Conc;entration Livt— L VIOLATION DATE FREQUENCY UNIT OF MEASURE 06/19/10 Weekly 0911 06/30110 Quarterly attga 05./30/10 Quarterly rntg/I PERMIT: NC0024252 FACILITY: City of Conover - Northeast WWTP ClALCULATED limit VALUE Vo OVER LIMIT COUNTY: Catawba VIOLATION TYPE Frequency Violation Frequen „t-,y Violation Frequency Violation VIOLATION AC'PON None None None ,tEt, REGION: Mooresville onaciiing Violation MON ITO R. NCI— Yll)E1T FALC,?, RI PONT PPI I"‘LOCATION PARAMETER , Og .20 10 001 Effluent llerr.perature, Water Deg, Centigrade UNtT OE DATE FREQUENCY MEASURE 06/05/10 5 X week deg c LIMIT CALCULATED VALUE % OVER LIMIT„,' VIOLATION TYPtii4 Frequency Violation VIOLATION ACTION None PERMIT: NC0004812 FACILITY: Pharr Yarns Inc - Pharr Yarns Industrial WWTP COUNTY: Gaston REGION: Mooresville Monitoring Violation Mr)NITORING ,REFORT 06.2010 OUT E ALL/ DPI LOCATION PARAMETER 001 Fffluen1 Temperature,. Wafer Deg, Centigrade VIOLATION DATE FFRECUENCY UNIT OF MEASURE 06/05/10 .5 X week " deg c CALCULATEO LIMIT VALUE .' 94, OVER LAM VIOLATION 'TYPE: VIOLATION ACTION Frequency VioLrt on None MONITORING REPORT(MR) VIOLATIONS for: 'TPUNAVINE,YriVr1 ity Na PERMIT: NC0022497 2.4ereaMaIIMAMMIF1IEWPM:ad 42O1O . 44.14IIERFREMENIVAMAIMIMIATMOMEtgem Ata14§1* FACILITY: Cross Country Campground - Cross Country Campground COUNTY: Catawba Report Date. 09/21/10 Page4 of 26 alation , REGION: Mooresville Limit Violation MONITORING OLIT FALL REPORT PPI LOCATION PARAME1 It 06 201.0 001 Effluent Nitrogen,. Ammonia Total (as Ni) Goncentration VIOLATION DATE FREQUENCY 06/17110 Weekly 06 .2010 001 Effluent Nilrogen, Ammonia Total (as 06/30/10 Weekly N) - t„onceritralion t":" t i1 , UNIT OF MEASURE rogi rogil OMIT 15 371 CALCULATED VALUE 7„ avEri 18.7V 24.67 VIOLATION TYPE VIOL ACTION Daily Maximum Exceeded None 95.2.4 Monthly Average Exceeded Non PERMIT: NC0034754 FACILITY: Commscope Inc - Commscope WWTP COUNTY: Catawba REGION: Mooresville Limit Violation MON IITORINQ—QUTFILL I NI PORT PPE'LL, LOCATION PARAMETER 06 2010 001 Effluent Chlorine, T9tal Residual 0(3 - 2010 001 E.ffl„ent Nitrogen, Ammonia To'lal (as N) - Concentration VIOLATION UNIT LIE OATL-/ FREQUENCY MEASURE 06111/10 2 X week 96/30/10 Weekt mg/1 CAL,CtiLATED LIMIT 28 2 4 76 138. Monthly Average,,,EXoeeded None VALUE % OVER LIMIT VIOLATION TYPE VIOLATIOK7 ACTION 44. 57.-14 Daily Maximum Exiceedetitt"' No Action, BPJ PERMIT: NC0036196 FACILITY: City of Newton - Clark Creek WWTP COUNTY: Catawba REGION: Mooresville imit Violation mCirtiTORiNG °VITALI VIOLATION ILINnT OF ' MICALCULATED VALUE %OVER LIMIT / VIOLATION TYPE REPORT PPI LOCATLON PARAMETER DATE FREQUENCY VIOLATION ACT ON 06 -2010 001 Effluent Chlorine, 'Total Res)Lifual 06/25/10 5 X week ogil 28 29 3,57 Daily Iv1aximurn Exmeded No Action, BPJ it" Beverly Eaves Perdue Governor NCDENR North Carolina Department of Environment and Natural Resources Division of Water Qua6ity Coleen !�. Sullins Director October 7, 2010 Wray Frazier, Vice President Cross Country Campground 6254 Hwy 150 East Denver, North Carolina 26037 Subject Notice of Violation — Monitoring Violations Tracking #: NOV-2010-MV-0143 Cross Country Campground VVWTP NPDES Permit No. NC0022497 Catawba County Dee Freeman Secretary Dear Mr. Frazier: A review of the July 2010 self -monitoring report for the subject facility revealed monitoring violation(s) of the following parameter(s) at Outfall 001. Date Parameter Reported Value Monitoring Requirement Week ending 7/3113 Dissolved..._ Y 1x/week ( None E oxygen Remedial actions, if not already implemented, should be taken to correct any problems. The ons r this and any l ns f the Division of Water Quality may pursue enforcement operationcp fand/or maintenance praobl^emsl�andlyou violations are of a continuing nature, not related ytor applying for a Special Order anticipatensremedial construction on contact Ms. Marcia then Al occo othis Office ou may wish ©fo© additional information. by Consent. You may If you have questions concerning this matter, please do not hesitate to contact Ms. Al or me at 704i663-1699. Sincerely, Robert B. Krebs. Surface Water Protection Regional Supervisor cc: Point Source Branch MA Moore.sv'dle Regional Office Location. 61D East Center Ave Suite 2D 1ocrresv'ilie, NC 26115 Prone" (7041 663 1699 . Fat. 04 663-6'143 , adstorner Service: 1-877-623-6 4Et Internet, h5t' r'pnrtal_r enr eor* weblwq r .eras 9�'@ i r ,,.rRn' aosLlmer,De One NorthCarol na Naturally NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 14, 2010 WRAY FRAZIER CROSS COUNTRY CAMPGROUND 6254 NC HWY 150 .E DENVER NC 28037 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Cross Country Campground Permit Number: NC0022497 Case Number: LV-2010-0059 Catawba County Dear Mr, Frazier: APR 1 This letter is to acknowledge receipt of check number 1599 in the amount of $333.71 received from you dated April 12, 2010. 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 Robert L Sledge at 919-807-6398. cc: Central Files DWQ Mooresville Regional 0 1.617 Mali L x:aor : 5 PInr,.e: 9.16. t� yet, worw cwa! An Er1.10 r Sincerely, ;rov©nah D. Weeden Supervisor ctfhCaroi1J k/A, thirdly AVA NCDENRR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director Dee Freeman Secretary February 19, 2010 CERTIFIED MAIL 7008 1140 0002 2716 1046 RETURN RECEIPT REQUESTED Mr. Wray Frazier Cross Country Campground 6254 Highway 150 East Denver, North Carolina 28037 SUBJECT: Dear Mr. Frazier: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No: NC0022497 Cross Country Campground WWTP Catawba County Case No. LV-2010-0059 This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $333.71 ($250.00 civil penalty + $83.71 enforcement costs) against Cross Country Campground. This assessment is based upon the following facts: A review has been conducted of the self- monitoring data reported for November 2009. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0022497. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Cross Country Campground violated the terms, conditions, or requirements of NPDES Permit No. NC0022497 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). 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, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Cross Country Campground: Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663.16991 Fax: (704) 663:6040 \ Customer Service: 1-877-623-6748 Internet wvw.nrwaterquality.org An Equal opportunity I Affirmative Action Employer — 30% Recycled/ 10% Post Consumer paper One ` NorthCarolina "Naturally 250.00 250.00 For of the one (1) cation of G.S. 143-215. l (a)(6) and NPDES Permit No, NC0022497, by discharging waste into the waters of the State in violation of the permit monthly geometric mean effluent limit for fecal conform. TOTAL CIVIL PENALTY 7 Enforcement costs. 333.71 TOTAL AMOUNT ALE Pursuant to G.S. 143-21.5,6A(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 violations; (2) The duration and gravity of the violations; (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 violations were 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 Natura Resources (do not include waiver f©rm). 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/Eniorcemc Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 2'7699-1617 OR 2. Submit a written request for remission 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 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 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 G.S. 143B-282.1(b) were 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 information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and infouu you of his decision in the matter of your remission request. The 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 (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 "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 OR 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 §:I:SOB-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 tfearings 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 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 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 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 ap,pjjjgfgr a Special Order by Consent. If you have any qucstiQns about this civilpenalty assessment ora Special Order by Consent, please contact the Water Quality _Section staff of the Mooresville Regi_onal Office at (704) 663-1699. .9 /147 4=-7, ,/ / 0 (Date) ATTACHMENTS Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality cc: Water Quality Regional Supervisor w,/ attachments Compliance/Enforcement File wl attachments Central Files w/ attachments rb/ma ATTACHMENT A CASE NO. LV-2010-0059 Outfall Parameter Reported Value Permit Limit 001 Fecal coliform 279 CFU/100 mL* 200 CFU/100 mL (monthly geometric mean) * Denotes civil penalty assessment STATE OF NORTH. CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST CROSS COUNTRY CAMPGROUND PERMIT NO. NC0022497 ) ) ) ) ) WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2010-0059 Having been assessed civil penalties totaling $333.71, for violation(s) as set forth in the assessment document of the Division of Water Quality dated February 19, 2010, 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 ofthe notice of assessment. This the day of ,,2010 ADDRESS BY TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2010-0059 Assessed Party: Cross Country Campground County: Catawba Permit Number: NC0022497 Amount Assessed: $333.71 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 (Le., explain why the violation was unavoidable or something you could not prevent or prepare for); • (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) Violator: Facility: County: Case Number; NORTH CAROLINA DIVISION OF WATER QUALITY ASSESSMENT FACTORS Cross Country Campground Cross Country Campground WWTP Catawba 1,V-2010-0059 Permit Number: NC0022497 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; The permittee reported a fecal coliform monthly geometric mean concentration of 279 CFU/100 mL, which exceeded the permit limit of 200 CFU/100 mL. 2) The duration and gravity of the violation; The fecal coliform monthly geometric mean permit limit was exceeded by 38% for November 2009. 3) The effect on ground or surface water quantity or quality or on air quality; Fecal coliform is an indicator species for possible pathogens and increased levels can signal human health hazards. The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were 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 There have been 12 other CPAs against Cross Country Campground for their WWTP during the life of the permit with one CPA having been issued in the past twelve months (LV-2009-0401558171 LV for flow. Permittee has sought remission of the penalty assessment.). 8) The cost to the State of the enforcement procedures. The cost to the Mooresville regional Office was $83.71. Date Robert B. Krebs, Regional. Supervisor Surface Water Protection, Mooresville Division of Water Quality Facility Name, :' -Major,Minor: l ,,,,:, Param'Na"rne 6 -•, Report Date: 02/08/10 Page: 3 of 24 "b3 ux� Frwr i✓- a.,e s!, .' -a 4a .aw' '[ -:�1i �:.; • ola{ion Category Limit Violation • ,Program Category:"-i NPDES Violat n A tion; %o - PERMIT: NC0064734 FACILITY: Bradfield Farms Water Company - Bradfield Farms WWTP COUNTY: Cabarrus REGION: Mooresville Limit Violation MONITORING OUTFALL I REPORT PPl LOCATION PARAMETER 11 -2009 001 Effluent Chlorine, Total Residual 11 -2009 001 Effluent Chlorine, Total Residual 11 -2009 001 Effluent Chlorine, Total Residual 11 -2009 001 Effluent Chlorine, Total Residual 11 -2009 001 Effluent Chlorine, Total Residual 11 -2009 001 Effluent Chlorine, Total Residual 11 -2009 001 Effluent Chlorine, Total Residual VIOLATION UNIT OF CALCULATED DATE FREQUENCY MEASURE LIMIT VALUE 11/02/09 2 X month ugh 21 40 11/03/09 2 X month ugh 21 42 11/05/09 2 X month ugh 21 29 11/06/09 2 X month ugh 21 44 11/09/09 2 X month ugh 21 36 11/13/09 2 X month ugh 21 25 11/30/09 2 X month ugh 21 27 VIOLATION TYPE Daily Maximum Exceeded Daily Maximum Exceeded Daily Maximum Exceeded Daily Maximum Exceeded Daily Maximum Exceeded Daily Maximum Exceeded Daily Maximum Exceeded VIOLATION ACTION No Action, BPJ No Action, BPJ No Action, BPJ No Action, BPJ No Action, BPJ No Action, BPJ No Action, BPJ PERMIT: NC0022497 FACILITY: Cross Country Campground - Cross Country Campground COUNTY: Catawba REGION: Mooresville Limit Violation MONITORING OUTFALL/ I REPORT PPI LOCATION `PARAMETER 11 -2009 001 Effluent • Coliform, Fecal MF, M-FC • Broth,44.5C , 10 O - O I tLACQJ Prcam-Kaki Oie)C.:"-- VIOLATION UNIT OF DATE FREQUENCY MEASURE 11/30/09 Weekly CALCULATED 42/0 LIMIT / VALUE / VIOLATION TYPE Monthly Geometric Mean • 200 276 Exceeded VIOLATION ACTION None C) AlITA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 9, 2009 Mr. Wray Frazier Cross Country Campground. 6254 Highway 150 East Denver, NC 28037 Subject: Compliance Sampling Inspection Cross Country Campground WWTP NPDES Permit No. NC0022497 Catawba County, North Carolina Dear Mr. Frazier: Enclosed please find a copy of the Compliance Sampling Inspection Report for the inspection conducted at the subject facility on January 29 and February 3, 2009 by Ms. Donna Hood of this Office. Please inform the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Ms. Hood or me at (704) 663-1699. Sincerely, ay- Robert B. Krebs Regional Supervisor Surface Water Protection Section Enclosure cc: Catawba County Health Department DH Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled/10% Post Consumer paper One NorthCarolina Naturally Unitea States Environmental Protection Agency EPA Washington, O.C. 2C4e0 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 1 NI 2 151 31 NC0022497 111 121 09/02/03 1 17 18 .�l 191s1 201 J Remarks 211IIIIIIIIIII IIIII11LIIIIIIIIIIIIIIII IIII IIII I1I66 Reserved---------------- Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 OA ----- 671 3.5 169 701 31 711 1 721 NI 731 1174 751 11 I 1 1 I ,I80 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) Cross Country Campground 6254 NC Hwy 150 E Denver NC 28037 Entry Time/Date 08:50 AM 09/02/03 Permit Effective Date 05/05/01 Exit Time/Date 09:30 AM 09/02/03 Permit Expiration Date 10/04/30 Name(s) of Onsile Representative(s)/Titles(s)IPhone and Fax Number(s) /// Douglas Hill Lee/ORC/828-396-4444/ Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Wray Frazier,6254 NC Hay 150 E Denver NC 28037//704-483-5897/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated). II Permit El Flow Measurement Operations & Maintenance ® Records/Reports Self -Monitoring Program MI Sludge Handling Disposal III Facility Site Review • Effluent/Receiving Waters Laboratory Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspectors) // Agency/Office/Phone and Fax Numbers . Dal / Donna f/4 d / MRO WQ//704-663-1699 Ext.2193/ i 72,o,C 1 , / //.... Signature of Management A R 'ewer Agency/Office/Phone and Fax Numbers Date Q _/11,J� t tpel arcs Allocco MRO WQ//704-663-1699 Ext.2204/ EPA Form 3560-3 (Rev 9.94) Previous editions are obsolete. Page # 1 NPDES N, 0 n 2 12 Section D_ Summary of Find Effluent sample results: BOO 10 mg/L TSS 7 mg/L Ammonia 8,6 mg/L Nitrate/Nitrite 28 mg/L TKN 12 mg/L TP 4,2 rng/t_ Fecal coliform 1 CFU/100ml pH 7,0 su temperature 5.8 C Chlorine <10 ug/L "denotes permit violation yrlmohlty / 0 / insperteon Tye ets of narrative and checklists as necessary Page # Permit: NC0022497 Owner - Facility: Cross Country Campground Inspection Date: 02/03/2009 Inspection Type: Compliance Sampling 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? 12Innn # Are there any special conditions for the permit? n ® n n Is access to the plant site restricted to the general public? ® ❑ n n Is the inspector granted access to all areas for inspection? ® n n Comment: 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: MSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n Judge, and other that are applicable? Comment: All process control should be doumented and retained. The blowers needed new belts and air filters at the time of the inspection. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? • n n n Is all required information readily available, complete and current? • n n n Are all records maintained for 3 years (lab. reg. required 5 years)? ■ ❑ n n Are analytical. results consistent with data reported on DMRs? ■ n fZ n Is the chain -of -custody complete? u n n n Dates, times and location of sampling 1211 Name of individual performing the sampling Results of analysis and calibration Dates of analysis U Name of person performing analyses Transported COCs Are DMRs complete: do they include all permit parameters? ® n n n Has the facility submitted its annual compliance report to users and DWQ? ❑ nun (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? n n ■ n Is the ORC visitation log available and current? v n n n Is the ORC certified at grade equal to or higher than the facility classification? ■ n n n Is the backup operator certified at one grade less or greater than the facility classification? 0 n n n Page # 3 Permit: NC0022497 Owner - Facility: Cross Country Campground Inspection Date: 02/03/2009 Inspection Type: Compliance Sampling Record Keeping Is a copy of the current NPDES permit available on site? Facihfy has copy of previous year's Annual Report on the for review" Comment: DMRs for December 2007-November 2008 were reviewed for the inspection. Two fecal coliorm violations were reported for the review period. Both were handled under prior cover. Sampler start and end time was not properly documented. La boratoi Are field parameters performed by certified personnel or laboratory? Are all other parameters(excluding field parameters) performed by a certified lab? # Is the facility using a contract lab? # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? Incubator (Fecal Coliform) set to 44.5 degrees Celsius+!`- C 2 degrees? Incubator (DOD) set to 20,0 degrees Celsius +/- 1.0 degrees? Comment: Water Tech Labs, #50, provides field lab, commerical lab, and contract operations for the facility. Aerobic Digester Is the capacity adequate? Is the mixing adequate? Is the site free of excessive foaming in the tank? # Is the odor acceptable? # Is tankage available for properly waste sludge? Comment: Roberts Septic removes sludge from the facility as necessary. Bar Screens Type of bar screen a.Manual b.Mechanical Are the bars adequately screening debris? Is the screen free of excessive debris? Is disposal of screening in compliance? Is the unit in good condition? Comment: Screenings are disposed of at the Water Tech Lab trash bin for ultimate disposal at the county landfill. Yes No NA NE ■ nnn n n■n Yes No NA NE ■ nnn ■ nnn ■ nnn ■ nnn n n■n n n■n Yes No NA NE ■nnn ■ n n n ■ n n n ■ nnn ■ ❑ 0 ❑ Yes No NA NE ■ n ■ nnn ■ nnn ■ nnn ■ nnn Page # 4 Permit: NC0022497 Owner - Facility: Cross Country Campground Inspection Date: 02/03/2009 Inspection Type: Compliance Sampling Aeration Basins Mode of operation Type of aeration system Is the basin free of dead spots'? Are surface aerators and mixers operational? Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin's surface? Is the DO level acceptable? Is the DO level acceptable?(t.0 to 3.0 mg/I) Comment: One diffuser appeared inoperable at the time of the inspection. All aeration pipes should be checked to ensure proper oxygenation and mixing of the aeration basin. Any malfuctioning pipes should be repaired immediately. Secondary Clarifier Is the clarifier free of black and odorous wastewater? Is the site free of excessive buildup of solids in center well of circular clarifier? Are weirs level? Is the site free of weir blockage? Is the site free of evidence of short-circuiting? Is scum removal adequate? Is the site free of excessive floating sludge? Is the drive unit operational? Is the return rate acceptable (low turbulence)? Is the overflow clear of excessive solids/pin floc? Is the sludge blanket level acceptable? (Approximately % of the sidewall depth) 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? Yes No NA NE Ext. Air Diffused ■ nnn n n■.n ■ nnn ■ .nnn ■ nnn n nn■ n nn■ Yes No NA NE ■ nnn n n■n ■ nnn ■ nnn ■ nnn ■ nnn ■ nnn n n■n mimic) annn n nn■ Yes No NA NE n■nn ■ nnn ■ nnn Page # 5 Permit N00022497 Owner • Facility: Cress Country Campground Inspection Date: 02/G312009 Inspection Type: Compliance Sampling Disinfection -Tablet Is the contact chamber free of growth, or sludge buddup? Is there chlorine resid to de -chlorination? Comment: Norweco tablets are used for disinfection Tablets are placed in the secondary clarifier effluent weir for additional contact time prior to dechlorination. De -chlorin 'on Type of system 2 is the feed ratio proportional to chlorinea Is storage appropriate for cylinders? # is de -chlorination substance stored away from chlorine containers? Comment: Are the taoiets the proper size and type? Are tablet de -chlorinators operational? Number of tubes in use? Comment: Liquid sodium sulfite is used for dechlonnation. The dechlorination facilites have been upgraded in response to the last inspection, Flow Measurement - Effluent # Is flow meter used for reporting? Is flow meter calibrated annualily? Is the flow meter operational? (If units are separated) Does the chart recorder match the flow meter? Comment: The effluent flow meter was last calibrated by Effluent Sampling Is composite sampling flow proportional?. Is sample collected below all treatment units? Is proper volume die led? Is the tubing clean? # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees C Isius)? Is the facility sampling performed as required by the permit (frequency, sampling type representative)? en on 10 29,2008, Yes No NA NE u._ n n n n rina Yes No NA NE Liquid Finn. n non • n n n n n E n DOND Yes No NA NE o nnn Ennn lannn n nErl Yes No NA NE n n n annn Ennn Ennn n ann ▪ Finn Page # 6 Permit: NC0022497 Owner - Facility: Cross Country Campground Inspection Date: 02/03/2009 Inspection Type: Compliance Sampling Effluent Sampling Comment: Compliance samples were split with the facility. Composite effluent samples collected on the first day of the inspection could not be used because it was frozen in the refrigerator. The ORC made adjustments to the sampler refrigerator and the facility was revisited on 2.3.2009 to split composite samples. No thermometer was present in the refrigerator of the composite sampler to ensure proper sample preservation. Please see the 'Summary Section' for effluent sample results. Effluent Pipe Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? Comment: The receiving stream appeared unaffected by the discharge at the time of the inspection. Yes No NA NE Yes No NA NE ■ nnn ■ nnn nn■n Page # 7 W AZ - Michael F. Easley, Governor QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality December 12, 2008 CERTIFIED MAIL 7007 1490 0004 4510 1490 RETURN RECEIPT REQUESTED Wray Frazier, Vice President Cross Country Campground 6254 Hwy 150 East Denver, North Carolina 28037 Subject: Notice of Violation - Effluent Limitations Tracking #: NOV-2008-LV-0592 Cross Country Campground NPDES Permit No. NC0022497 Catawba County Dear Mr. Frazier: A review of the August 2008 self -monitoring report for the subject facility revealed a violation of the following parameter: Outfall 001 Parameter Reported Value Permit Limit Fecal coliform 480 CFUI100 mL 400 CFU/100 mL (Daily maximum) Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality 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. You may contact Ms. Allocco of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at 7041663-1699. cc: Point Source Branch Catawba County Health Department MA NCDENR Robert B. Krebs Regional Supervisor Surface Water Protection I o Carolina turallr1 Mooresville Regional Office Internet: www.ncwaterotialitv.org Division of Water Quality Phone 704-663-1699 Customer Service 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper . 21 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director -6-12,0,7K Dee Freeman Secretary October 15, 2009 Mr. Wray Frazier, Vice President Cross Country Campground - 6254 Hwy 150 East Denver, North Carolina 28037 Subject: Notice of Violation —Effluent Limitations Tracking #: NOV-2009-LV-0456 Cross Country Campground WWTP NPDES Permit No. NC0022497 Catawba County Dear Mr. Frazier: A review of the July 2009 self -monitoring report for the subject facility revealed a violation of the following parameter at Outfall 001: Date Parameter Reported Value 7/31/09 Flow 0.076 MGD Permit Limit 0.065 MGD (Monthly average) Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality 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. You may contact Ms. Marcia Allocco of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact. Ms. Allocco or me at (704) 663-1699. Sincerely, Robert B. Krebs Surface Water Protection Regional Supervisor cc: Point Source Branch MA Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-1699 Fax: (704) 663-60401 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal opportunity 1 Affirmative Action Employer — 30% Recycled/10% Post Consumer paper North Carolina Natitratti North Carolina Department of Environment and Natural Resources., Coleen H. Sullins, Directo i Division of Water Quality • September 9, 2008 CERTIFIED MAIL 7007 1490 0004 4510 0387 RETURN RECEIPT REQUESTED Wray Frazier, Vice President Cross Country Campground 6254 Hwy 150 East Denver, North Carolina 28037 Subject: Notice of Violation - Effluent Limitations Tracking #: NOV-2008-LV-0432 Cross Country Campground NPDES Permit No. NC0022497 Catawba County Dear Mr. Frazier: A review of the May 2008 self -monitoring report for the subject facility revealed a violation of the following parameter: Outfall Parameter Reported Value 001 Ammonia -nitrogen 3.46 mg/L Permit Limit 3.0 mg/L (Monthly average) Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality 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. You may contact Ms. Allocco of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at 704/663-1699. Sincerely, iL Robert B. B. Krebs Regional Supervisor Surface Water Protection cc: Point Source Branch Catawba County Health Department MA AWcriA NCDENR Mooresville Regional Office Division of Water Quality Internet: w w.ncwaterqualitv.org 610 East Center Ave, Suite 301 Mooresville. NC 28115 No°C Carolina Jl7atura , Phone 704-663-1699 Customer Service Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper WRAY FRAZIER CROSS COUNTRY CAMP 6254 NC HWY 150 E DENVER NC 28037 SUBJECT: Dear "Wray Frazier: Michael F. Easley, Governor William G. Ross Jr.,. Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality April 22, 2008 OUND Payment Acknowledgment Civil Penalty Assessment Cross Country Campground Permit Number: NC0022497 Case Number: LV-2007-0189 Catawba County This letter is to acknowledge receipt of check number 101739 in the amount of $1,431.50 received from you dated April 17, 2008. 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 Robert L. Sledge at 919-733-5083, Ext. 547. Sincerely, Dina Sprinkle cc: Central Files DWQ Mooresville Regional Office Supervisor 1617 Mail Service Center Raleigh,"NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 e N©�tt11Camlina Aaiun* 31()Y COOPER rroiiNEY 4-14 NJ9 AL,, Mr. Wray Frazier, Vice President Cross Country Campgrounds, Inc. 6254 NC Highway 1.50E Denver, N. C. 28037-6761 NorthCarolina RF '1 April 3, 2008 CERTIFIED MAIL RETURN RECEIPT Francis v. Crawley Environ.meftal Divisions <�l Mail Service Center Raleigh, N.C. 27699-91)0l 9) 716-66Q© (9I9) 716-67r7 RE: Assessment of Civil Penalties Against Cross Country Campgrounds, Inc. LV 2007-0189 Dear Mr. Frazier: You will find enclosed the Final Agency Decision of the Environmental Management Commission assessing a civil penalty and investigative costs as set forth in the decision document. According to North. Carolina General Statutes § 143-215.5 and § 150B-45, you may seek judicial review of the Commission's decision in the Superior Court by filing a petition within 30 days of receipt of a written copy of the final agency decision. Otherwise, payment of the civil penalty assessment and costs must be submitted to the Department of Environment and Natural Resources within 30 days of receipt of this final agency decision by mailing a check made payable to the Department of Environment and Natural Resources in an envelope addressed as follows: Mr. Kevin Bowden Compliance Oversight Unit 1617 Mail Service Center Ralei.h, North Carolina 27699-1617 [Phone (919) 733-5083, ext. 2291 If your company fails to pay the penalty witht.in 30 days of receipt of the final decision document, the Department will seek to collect the amount due through a civil action commenced in Superior Court. Enclosure cc; Kevin Bowden Lois Thomas Very truly yours, CG a 04. at�cis W. Crawley Special Deputy Attorney Genet~ Commission Counsel NC DENR MR0 DWQ-Surface Water Protection STATE OF NORTH CAROLINA COUNTY OF CATAWBA IN THE MATTER OF: Assessment of Civil Penalties Against CROSS COUNTRY CAMPGROUNDS, INC. BEFORE THE REMISSION COMMITTEE OF THE ENVIRONMENTAL MANAGEMENT COMMISSION LV 2007-0189 FINAL DECISION THIS MATTER came before the Committee on Civil Penalty Remissions of the Environmental Management Commission, pursuant to N.C.G.S. §143-215.6A and §143B-282.1, on March 13, 2008, upon recommendation of the Director of the Division of Water Quality for entry of a final decision on the assessment of civil penalties and investigation costs against Cross Country Campgrounds, Inc. inthe amount of $1,0431.50 ($1,350.00 plus $81.50 investigative costs). Cross Country Campgrounds, Inc.'s request for remission was presented to the Committee on Civil Penalty Remissions for consideration. Cross Country Campgrounds, Inc. did not request oral argument; therefore, its request for remission was presented to the Committee on Civil Penalty Remissions based on its written submissions and those of the Division of Water Quality. Having considered the record and the factors set forth in N.C.G.S. §143B-282.1(b) and (c), the Committee on Civil Penalty Remissions finds the facts contained in the Director's Findings and Decision and Assessment of Civil Penalties as stipulated by Cross Country Campgrounds, Inc., that the Findings of Fact support the Conclusions of Law, and that the Director properly applied the criteria set forth in N.C.G.S. §143B-282.1 in determining the amount of the civil penalty. The Committee further finds that there are no grounds shown for -2- remission or reduction of the penalty assessed by the Director for ten violations of N.C,G.S. §143-215.1 and NPDES Permit No. NC0022497 in December 2006 for discharging waste water that exceeded the daily maximum effluent limit for total residual chlorine into the waters of the State. Upon duly made a notr+ n and vote, the Committee finds that the assessment of the civil penalty and costs in the amount of $1,431.50 tw$1,350.00 civil penalty plus $81.50 investigation costs) should be upheld. THEREFORE, IT IS ORDERED: 1. That the assessment of civil penalties and costs in the amount of $1,431.50 against Cross Country Campgrounds, Inc. is AFFIRMED. 2. That this Final Decision and Order be served upon Cross Country Campgrounds, Inc. and upon receipt hereof, the amount of $1,431.50 be paid to the Department of Environment and Natural Resources within thirty days as required by law. This the ZIday of March, 2008. David 1 Moreau, Chairman Environmental Management Commission -3- CERTIFICATE OF SERVICE This is to certify that I have this day served a copy of the foregoing FINAL DECISION on the parties listed below by the methods indicated: Mr. Wray Frazier, Vice President Cross Country Campgrounds, Inc. 6254 NC Highway 150E Denver, N. C. 28037-6761 Mr. Robert Krebs DWQ Regional Supervisor 610 Center Avenue, Suite 301 Mooresville, N. C. 28115 This the 3rd day of April, 2008. CERTIFIED MAIL RETURN RECEIPT COURIER MAIL ROY COOPER Attorney General 1.J. Francis W. Crawley Special Deputy Attorney General N.C. Department of Justice 9001 Mail Service Center Raleigh, N.C. 27699-9001 919/716-6600 Michael. F- Easley, Governor William G. Ross 1v., sectary North Carolina Department of Environment and Namral Resources Coleen R. Sullins, t)im for Division of Water Quality February 1.9, 2008 CERTIFIED MAI;, 7002 0510 0000 5461 6201 RETURN RECEIPT REQUESTED Mr. Ronnie Wise Cross Country Campground 6254 Highway 150 East Denver, NC 28037 SUBJECT: Request for Remission of Civil Penalty Pursuant to N.C.G.S. 1.43-21.5.6A(1) Cross Country Campground WWTP Case Number LV-2007-0189 NPDES Permit NC0022497 Catawba County Dear Mr. Wise: A final agency decision on your request for remission of the subject civil penalty will be made by the Committee On Civil Penalty Remissions (Committee) of the Environmental Management Commission (EMC) on Thursday, March 13, 2008. V No request for oral presentation was made. You may attend this meeting, but you will not be permitted to speak regarding your case. The EMC Chairman has considered the written record and determined that no oral presentation will be made. You may attend this meeting, but you will not be permitted to speak regarding your case. The EMC Chairman has considered the written record and determined that an oral presentation is necessary. Please come prepared to present your remission request at this .meeting. You will be allowed approximately five (5) minutes to speak. Please be advised that the Committee cannot consider any information other than, that.submitte;d in the original remission request. Please note, the State Bar's recent Opinion regarding the unauthorized practice of law affects your method of presenting at the Committee. If you are an individual ,or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee; however, if you intend on having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating the State .Bar's Opinion on the unauthorized practice of law. North Carolina Division of Water Quality 1617 Mail. Service Center Raleigh, NC 27'699-1617 Phone (919) 733-7015 Customer Service Internet wv va Location: 512 N. Salisbury St. Raleigh. NC 27644 Fax (919) 733.2406 l-877-623-6748 An Equatl Oppxartunity/Affirmative Action Employer - 50% Recyciedll0% Post Consumer Paper Mr. Ronnie Wise LV-2007-0189 CCPR Notification p• 2 If you are a co oration artnershi car mttnici ttlity and are ranted an o ale an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license, if he or she is not alicensed attorney. Presentation or facts by non -lawyers is permissible. Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with the hearing of a case if the Committee is informed that a potential violation of the of the statute regarding the unauthorized practice of law has occurred. Tune and Locution of Meeting The Conipit# e will convene at 11:00 a.m. or immediately following the closing of the regularly scheduled business meeting of the Environmental Management Commission. The Committee meeting will be held in the Crime Control & Public Safety Conference Room (Room G24), on the ground floor of the Archdale Building, located at 512 North Salisbury Street in Raleigh, North. Carolina (see enclosed map). Other Things to Know About The Meetin The length of an Environmental Management Commission meeting is determined by its agenda of the day and the amount of discussion given to each topic — meetings often extend into the early afternoon. You are advised to arrive for the Committee meeting no later than 11:00 a.m. in order to ensure your opportunity to listen to consideration of your case in the event that the Committee begins at its appointed time. If the Commission meeting runs long and you need refreshment or food, Division of Water Quality staff can direct you to a canteen/snack bar that is located on the basement floor of the Archdale Building or to other local eateries. 1_f you have any questions concerning this matter, please call Bob Sledge of the Point Source Branch at (919) 733-5083; extension 547. Sincerely, Coleen 1<1 . Sullins enclosure cc: Mooresville Regional. Office Enforcement File Central Files Michael F. Easley, Governor I V William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources May 16, 2007 7006 2760 0001 8493 7958 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Wray Frazier, Vice President Cross County Campground 6254 NC Hwy 150 E Denver, North Carolina 28037 SUBJECT: Alan W. Klimek, P.E. Director Division of Water Quality Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0022497 Cross County Campground WWTP Catawba County Case No. LV-2007-0189 Dear Mr. Frazier: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,431.50 ($1,350.00 civil penalty + $81.50 enforcement costs) against Cross County Campground. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data reported for December 2006. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0022497. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Cross County Campground violated the terms, conditions, or requirements of NPDES Permit No. NC0022497 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). 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, Robert B. Krebs, Regional Supervisor Surface Water Protection for the Mooresville Region, hereby make the following civil penalty assessment against Cross County Campground: AVA NCDENR Mooresville Regional Office Internet: wtiru•.iic`raterquaIitv.or Division of Water Quaiity Phone 704-663-1699 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877-623-6748 ne NQr Carolina ,Naturally Customer Service An Equal Opportunity/Affirmative Action Employer 50% Recycled/10% Post Consumer Paper 1,350.00 For 10 of the ten (10) violation(s) of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0022497, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for total residual, chlorine. $ 1,350.00 TOTAL CIVIL PENALTY $ 81.50 Enforcement costs. $ 1,431.50 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 waiverfortn). 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 27699-1,617 OR 2. Submit a written request for remission 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 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 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 G.S. 143B- 282.1(b) were 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 information presented in support of your request for remission must be submitted in writing. The Director 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 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 "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 OR 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed — provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, 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 (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 the violations are of a continuing nature, not related to JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2007-0189 Assessed Party: Cross County Campground County: Catawba Permit Number: NC0022497 Amount Assessed: $1,431.50 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. l (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: (use additional pages as necessary) STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST CROSS COUNTY CAMPGROUND PERMIT NO. NC0022497 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO, LV-2007-0189 Having been assessed civil penalties totaling $1,431.50 for violation(s) as set forth in the assessment document of the Division of Water Quality dated May 16, 2007, 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 2007 ADDRESS BY TELEPHONE Outfall 001 001 001 001 001 001 001 001 001 001 Parameter Total residual chlorine Total residual chlorine Total residual chlorine Total residual chlorine Total residual chlorine Total residual chlorine Total residual chlorine Total residual chlorine Total residual chlorine Total residual chlorine ATTACHMENT A CASE NO. LV-2007-0189 * Denotes civil penalty assessment Reported Value 150 µg/1* 650 µall* 890 µg/l* 1,840 µg/1* 140 µg/l* 160 µg/1* 230 µg/1* 460 µg/1* 510 µall* 1,870 µg/1* Permit Limit 28 µg/1(Daily maximum) 28 mil (Daily maximum) 28 mil (Daily maximum) 28 µg/I (Daily maximum) 28 j.tg/1 (Daily maximum) 28 µg/1(Daily maximum) 28 µg/l (Daily maximum) 28 µg/1(Daily maximum) 28 µall (Daily maximum) 28 mil (Daily maximum) The permit limit of 28 µg/1 total residual chlorine for NC0022497 became effective on November 1, 2006. operation and/or maintenance problems, and You anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Ifyoeanqjons about this civil enaltv assessment or a S eclat Order by Consent, ase contact the Quality Section staff of the Mooresville Regional Office at (704) 663-1699. Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments MA Water Pollution Control System Designation Form '4VPCSOCC NCAC 15A:08G .0201 General Information: Permittee Owner/Officer Name: Mailing Address: 63 5`i' ., tiSC E. City: :-burve r State: N C Zip: a 2 031 Telephone Number: (• $a2_) L} 3--SSof Signature: Date: _./7` ‘—O Facility Information: Facility; C. ^ass Cau,n g C o.m A(33 ro u.vt d Permit Number: t, ODaa l County: /. n 1 n - ? SUBMIT' A SEPARATE FORM FOR EACH TYPE OF SYSTEM Mark 00 Tvpe of Facility Class (1-4) Wastewater, Plant Physical/Chetrucal Collection System J Class Spray Irrigation N/A Land Application Subsurface N/A Operator in Responsible Charge: Print Name: C)ou3lIs Lag_ fir-• Certificate Type and Grade: Lt Work Telephone: (t i-q ) 3 - LK' Li -1 Social Security # Signature: Certificate 4_ I 04, 9 2 Back -Up Operator in Responsible Charge: Print Name: ion 0.- ir\4n G ram Social Security # Certificate Type and Grade: \1 JW certificate #: Work Telephone: (6' �) 3q ( (/ / Signature: Mail or Fax to: wVPCSOCC 1618 Mail Service Center Raleigh, N.C. 27699-1618 Fax: 919/733-1333 Date: j �; 3 of u o`7 FACILITY NAME: C'Cass C.oL -I-f j eari,.r fagro LA- NPDES PERMIT NO.: NC.,00 as -1 ci 1 DISCHARGE NO.: 0 D 1 Permittee (please prineor type) f Signature of Permittee delegate signatory authority to 1--)0 udOZ LUZ_ 7r. ted Name for submission of DEM monthly monitoring report form MR-1 and / or MR-3 as applicable to be filed with the DIVISION OF ENVIRONMENTAL MANAGEMENT, Raleigh, NC. Michael F. Easley. Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources September 17, 2007 CERTIFIED MAIL 7002 3150 0003 7052 9707 RETURN RECEIPT REQUESTED Mr. Ronnie Wise Cross Country Campground 6254 Highway 150 East Denver, NC 28037 Subject: Remission Request of Civil Penalty Assessment NPDES Permit Number NC0022497 Cross Country Campground WWTP Catawba County Case Number LV-2007-0189 Dear Mr. Wise: Coleen H. Sullins. Director Division of Water Quality I have considered the information submitted in support of your request for remission in accordance with North Carolina General Statute (N.C.G.S.) § 143-215.6A(f) and have found'no grounds' to modify the civil penalty assessment in the amount of $1,431.50. If you choose to pay the penalty, send payment to me at the letterhead address within thirty (30) days of receipt of this letter. Please make your check payable to the Department of Environment and Natural Resources (DENR). If payment is not received within thirty (30) days of receipt of this Ietter, in accordance with N.C.G.S. § 143-215.6A(f), your request for remission of the civil penalty (with supporting documents) and my recommendation to deny the request (with supporting documentation) will be delivered to the North Carolina Environmental Management Commission's (EMC) Committee On Civil Penalty Remissions (Committee) for final agency decision. If you desire to make an oral presentation to the Committee on why your request for remission meets one or more of the five statutory factors you were asked to address, you must complete and return the attached form within thirty (30) days of receipt of this letter. Please mail the completed form to the attention of Bob Sledge at the following address: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 No Carolina VturaI/j North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Internet: www.ncwaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 An Equal OpportunitylAtfirmative Action Employer — 50% Recycled/10°% Post Consumer Paper Customer Service 1-877-623-6748 Cross Country Campground IN-2007-0189 Remission Result Your request for an oral presentation and the documents in this matter will be reviewed by the EMC Chairman and, if it is determined that there is a compelling reason to require an oral presentation from you, you will be notified by certified mail of the date, time, and place that your oral presentation can be made. Otherwise, the final decision on your request for remission will be made by the Committee based on the written record. Thank you for your cooperation in this matter. If you have any ue: io s about this letter, please contact Bob Sledge at (919) 733-5083, extension 547. Sincerely, ,. Coleen H. Sullins attachment cc: Mooresville Regional Office Enforcement file Central Files bIRTE ®TECH LABS.Inc. SAMPLE: PERMIT #: ADDRESS: POST OFFICE BOX 1056 • #5 PINEWOOD PLAZA DR. GRANITE FALLS. NORTH CAROLINA 28630 (828) 396-4444 Cross Country Cpgd. NC0022497 Cross Country Campground 6254 Hwy. 150 East Denver, NC 28037 COLLECTION DATE: 3/21/2007 COLLECTION TIME: 1153 RECEIVED DATE: 3/21/2007 RECEIVED TIME: 1332 REPORTED: 3/29/2007 ANALYSIS BOD TSS NH3 Fecal Califomi NO2+NO3 TICN T. Nitrogen T. Phosphorus ANALYSIS EFF UNITS DATE 30.0 9.3 9.18 310 4.70 29.1 33.80 1.14 mg/L mg/L mg/L 1100mL mg/L mg/L mg/L mg/L 3/22/07 3/22/07 3/27/07 3/21/07 3/22/07 3/22/07 3/22/07 3/22/07 ANALYST jdg jrg dhl jrg jdg jdg jdg jdg LOG ID: 0703-275 REPORTED BY: NC CERTIFIED LAB # 50 Tony Gragg, Lab Supervisor William C. Ross. Jr., SecretoarV North Carolina Deparrmeut c71( Environment and Natural Resources. Colleen Sullins;„ Director Division of Water Quality August 16, 2007 CERTIFIED MAIL 7007 0710 0005 22 0229 RETURN RECEIPT REQUESTED Mr. Wray Frazier, N,ice President Cross Country Campground 6254 NC Hwy 150 East Denver, NC 28037 Subject: NOTICE OF VIOLATION Compliance Evaluation. Inspection Cross Country Campground WWTP NPDES Permit .NC0022497 NOV-2007-PC-0543 Catawba County, North. Carolina Dear Mr. Frazier: Enclosed please find a copy of the Compliance E °aluation Inspection Report for the inspection conducted at the subject facility on June 28, 2007, by Ms. Donna Hood of the Office. Please inform. the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report.. This report is being issued as a Notice of Violation (NOV) because of the violations of the subject NPDES permit and North Carolina General Statute (G.S.) 143-215.1 as detailed in the Permit and Record Keeping Sections of the attached report. Pursuant to G.S. 1.4 3-215.6A„ a civil penalty of not more than twenty f ve-thousand dollars (25,000.00) per violation per day 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. 143-2.15.1.. It is requested that a tten response be submitted to this Office by Setatcrr be r 16, 2007 addressing the deficiencies noted in the Permit and Record Keeping Sections of the report. In. responding, please address your comments to the attention of Ms. Marcia Allocco. t N. C. Division of Water Quaky, [vlouoesville Reg ia sta.l Officey 610 FCenter ,venue, Suite 301,u Mooresville Nc 281 15 ti`o04 i i 1,1(9 Customer Service 1.-877-623- €i748 Notice of Violation Mr, Wray Frazier Page Two This report should be self-explanatory; however, should you have any questions concerning the report,, please do not hesitate to contact Ms. Hood or me at (704) 663-1699. Sincerely, Rob Krebs Surface Water Protection Regional Supervisor Enclosure cc: Catawba County Health Department DI{ N. C. Division of Water Quality, Mooresville Regional Office, 61.0 East Center Avenue,. Suite 301, Mooresville NC 28115 (.7704) 663-1699 Customer Service 1-877-623-6748 United States Environmental Protection Agency EPA 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 1 ] �,j 2 I Cj 31 NC0022497 111 12L 07/06/28 117 j_1 t-t ! Type Inspector Fac Type 181 G' 19t Gt 20L l� f� Remarks 211 1 I I 1 I I I II111111111I I I I I 11111111111111I1111111166 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ---------Reserved---------------------- 671 2.0 169 70 U 7111 72 N j 731 I 174 751 1 1 1 1 1 I 1 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) Cross Country Campground 6254 NC Hwy 150 E Denver NC 28037 Entry Time/Date 09:30 AM 07/06/28 Permit Effective Date 05/05/01 Exit Time/Date 11:30 AM 07/06/28 Permit Expiration Date 10/04/30 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) /// Douglas Hill Lee/ORC/828-396-4444/ . Other Facility Data . Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Wray Frazier,6254 NC Hwy 150 E Denver NC 28037//704-483-5897/ No Section C: Areas Evaluated During inspection (Check only those areas evaluated) II Permit . Flow Measurement • Operations & Maintenance • Records/Reports Self -Monitoring Program Sludge Handling Disposal • Facility Site Review • Effluent/Receiving Waters ■ Laboratory 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 Donna Hood MftO WQ/// r f/7 • ,.., , .. ,.. Signature of Management Q A Review? • Agency/Office/Phone and Fax Numbers +(cM- Martial A3locco Q//704-235-2204/ Datef EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPOES INIC00221.97 yurnoiday 12, u7i06/2,B inspection Type 17 18 cont Sechon D: Summary of Finding/Comments Attach a dittonal sheets of narratwe and checklists as Record Keeping: DMRs for June 2006-April 2007 were reviewed for the inspection. The following violations were reported during the review period. 1. Ammonia Nitrogen monthly maximum exceedance for May 2006 2, Ammonia Nitrogen monthly maximum exceedance for June 2006 3. Ammonia Nitrogen monthly maximum exceedance for July 2006 4, Late DMR submittal for July 2006 5, Ammonia Nitrogen monthly maximum exceedance for August 2006 6, Late DMR submittal for August 2006 7. TRC exccedances on the following days in November 2006: 2,8,10,14,16,21,22,27,30 8. TRC exccedances on the following days in December 2006: 1,6,8,12,14,19,20,21,27,29 9. Late DMR submittal for February 2007 All violations have been handled under previous cover. No Total Nitrogen (TN) and Total Phorphorus (TP) effluent sampling results were reported for the first quarter 2007. Please submit an amended DMR for March 2007 reflecting TN and TP results, No other violations were reported. It was noted during the inspection that different people have signed as ORC or permittee without proper documentation. Proper documentation was presented to the inspector on the day of the inspection for delegation of signatory authority and ORC designation. Please be advised that these must be submitted to the Division as changes occur, per permit requirement Part II Section 8(11) and Part II Section C(1). Page # 2 Permit: NC0022497 Owner - Facility: Cross Country Campground Inspection Date: 06/28/2007 Inspection Type: Compliance Sampling Permit (1f 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: Cross Country's permit is effective from 5/1/2005-4/30/2010. A total residual chlorine limit became effective on 11/1/2006. No Authorization to Construct has been issued for the addition of dechlorination facilities. At the time of the inspection, the TRC limit was tested to 29 ug/L, a permit violation. The dechlorination sleeve was placed after the effluent V-notch weir. Please be advised that treatment additions to the facility must be designed by a professional engineer, submitted to the Division for approval, and then signed off on by a professional engineer. Please begin this process at once to obtain approved dechlorination facilities at Cross Country Campground. Yes No NA NE ❑ ❑ ■ ❑ • 000 ❑ ■ ❑ ❑ • 000 • 000 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: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? U ❑ ❑ ❑ is all required information readily available, complete and current? • ❑ ❑ ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? •000 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? •000 Has the facility submitted its annual compliance report to users and DWQ? ❑ • ❑ ❑ Page # 3 Permit: NC0022497 Owner - Facility: Cross Country Campground Inspection Date: 06/28/2007 Inspection Type: Compliance Sampling Record Keeping (lf 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? Facility has copy of previous year's Annual Report on file for review? Comment: See attached summary. Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? Are all other parameters(excluding field parameters) performed by a certified lab? # Is the facility using a contract lab? Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? Incubator (Fecal Coliform) set to 44.5 degrees Celsius+(- 0.2 degrees? Incubator (BOD) set to 20.0 degrees Celsius +1- 1.0 degrees? Comment: Water Tech Labs, #50, performs all necessary laboratory and field analyses as well as contract operations by Douglas Lee, Aerobic Dipster Is the capacity adequate? Is the mixing adequate? Is the site free of excessive foaming in the tank? # Is the odor acceptable? # Is tankage available for properly waste sludge? Comment Stanley Septic hauls sludge as needed from the facility. far Screens Type of bar screen a.Manual b.Mechanical Are the bars adequately screening debris? Is the screen free of excessive debris? Is disposal of screening in compliance? Yes No NA NE 00•0 • 000 ■000 • 000 ■ n 0 0 n■nn • 000 ■ 0 0 n •000 •000 00•0 00•0 Yes NoNANE .., ■nnn ■ non • 000 • 000, • 000 Yes No NA NE. ■ Q • 000 ■ ❑00 • 000 Page # 4 Permit: NC0022407 Owner - Facility: Cross Country Campground Inspection Date: 06/28/2007 Inspection Type: Compliance Sampling Bar Screens Is the unit in good condition? ■ ❑ ❑ ❑ Comment: Screenings are taken to the Water Tech Labs trash bin where they are disposed of at the county landfill. Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ ❑ ❑ ❑ Are surface aerators and mixers operational? ■ ❑ ❑ ❑ Are the diffusers operational? ■ ❑ ❑ ❑ Is the foam the proper color for the treatment process? ■ ❑ ❑ ❑ Does the foam cover less than 25% of the basin's surface? ■ ❑ ❑ ❑ Is the DO level acceptable? DODE Is the DO level acceptable?(1.0 to 3.0 mg/l) ❑ ❑ ❑ ■ Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ■ ❑ Are weirs level? ■ n n n Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? ■ n n ❑ Is scum removal adequate? ■ ❑ ❑ ❑ Is the site free of excessive floating sludge? ■ ❑ ❑ ❑ Is the drive unit operational? DOMO Is the return rate acceptable (low turbulence)? ■ ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑ Is the sludge blanket level acceptable? (Approximately'/. of the sidewall depth) • DOD Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ ❑ ❑ Are the tablets the proper size and type? 10000 Yes No NA NE Page # 5 Permit: NC0022497 Owner - Facility: Cross Country Campground Inspection Date: 06/28/2007 Inspection Type: Compliance Sampling 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: Norweco tablets are used for disinfection. A chlorine residual test performed on the day of the inspection by the ORC, Douglas Lee, was 29 ugiL. This is a violation of the facility's TRC permit limit. Yes No NA NE 3 0E00 0000 ODD. De -chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? • 000 Is storage appropriate for cylinders'? 0 0 ■ 0 # Is de-chlonnation substance stored away from chlorine containers? ■ 0 0 0 Comment. Are the tablets the proper size and type'? • 0 0 0 Are tablet de -chlorinators operational'? 0.00 Number of tubes in use? 1 Comment. Norweco tablets are used for dechlorination. One sleeve of dechior was free standing in the effluent. Please refer to the permit section of this report for dechlorination recommendations. Effluent Sampling Yes No NA NE Is composite sampling flow proportional'? • ODD Is sample collected below all treatment units? • 0 0 0 Is proper volume collected? •000 Is the tubing clean'? 0•00 Is proper temperature set for sample storage (kept at 1.0 to 4,4 degrees Celsius)? •ODO Is the facility sampling performed as required by the permit (frequency, sampling type representative)? • 0 0 Cl Comment: Tubing was dirty on the day of the inspection. Effluent Pipe Yes No NA NE Is right of way to the autfall properly maintained'? • 0 El 0 Are the receiving water free of foam other than trace amounts and other debris? •000 If effluent (diffuser pipes are required) are they operating properly? 00•0 Page # 6 Permit: NC0022497 Owner - Facility: Cross Country Campground Inspection Date: 06/28/2007 Inspection Type: Compliance Sampling Effluent Pipe Yes No NA NE Comment: The receiving stream appeared unaffected by the discharge on the day of the inspection. Flow Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? ■ 0 ❑ ❑ Is flow meter calibrated annually? ■ ❑ 0 Q Is the flow meter operational? ■ ❑ ❑ ❑ (If units are separated) Does the chart recorder match the flow meter? 0 0 ■ 0 Comment: The effluent flow meter was last calibrated by B. W. Allen on 9/29/2006. Upstream 1 Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit (frequency, sampling type, and sampling location)? • Comment: DOD Page # 7 Cross Country Campground 6254 NC Hwy 150 East Denver, NC 28037 September 12, 2007 Ms. Marcia Allocco NC Division of Water Quality 610 East Center Avenue, Suite 301 Mooresville, NC 28115 Dear Ms. Allocco: NC DE m i DWQ-Surfck,, W , r ?rotes t cn tioa � A r+aw�fl`�.n.�°9 i � Thank you for your letter dated August 16, 2007 regarding the compliance Evaluation Inspection of Cross Country Campground (NC0022497). In reference to the findings in your report, we believe that we have corrected the record keeping deficiencies outlined in this and previous letters; monitoring violations have been minimized as well. An amended report for March 2007 has been submitted which includes the data for Total Nitrogen and Total Phosphorus. It was our understanding that our former operator, Mr. David Abernathy, was taking care of the dechlorination system and the submittal of an authorization to construct. We are currently attempting to determine the status of this project and take corrective action as soon as possible. I hope this response sufficiently addresses the deviations outlined in your report, and if I can be of further assistance in this matter, please let me know. Sincerely, Ronnie vise, Manager Cross Country Campground Michael P. Easley, Governor William C. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources June 18, 2007 Mr. Ronnie Wise Cross Country Campground 6254 Highway 150 East Denver, NC 28037 Subject: Remission Request of Civil Penalty Assessment Cross Country Campground WWTP NPDES Permit NC0022497 Case Number LV-2007-0189 Catawba County Dear Mr. Wise: Alan. W. Klimek, P,E, Director Di vision, of Water Quality JUN 1 9 ' I This letter is to acknowledge your request for remission of the civil penalty levied against the subject facility. Your request will be scheduled for review by the Director and you will be notified of the result. If you have any questions about this matter, please contact me at (919) 733-5083, extension 547. Sincerely,pZet• Bob Sledge, Environmental Special Point Source Branch cc: Mooresville Regional Office w/attachments Enforcement File w/originals Central Files w/attachments North Carolina Division of Water Quality if Service Center Raleigh, NC 27699-161.7 Phone (919) 733-7015 Internet: www.ncwaterqualitss.orr atop; 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 Ne'TthCarolma ,%1 tirralli, Customer Service I.877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycied/10% Post Consumer Paper STATE OF NORTH CAROLINA. COUNTY OF CATAWBA IN THE .MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST CROSS COUNTY CAMPGROUND PERMIT NO. NC0022497 ) ) ) ) ) DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIG T TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2407-01$4 latlon(s) as set In the 2007, the undersigned, right to en administrative alleged in the Perin of the Division of No new evidence in support of" a r+emi� alloy ed c 30 bra from the rec i t orf the notice of assessment, 7 2007 BY ADDRESS TELEIH0 70 JUSTIFICATION FOR RENIISSJON REOUESI DWQ Case Number: LV .2O07.0189 Assessed Party: Cross County Campground County: Catawba Permit Number: NC0022497 Amount As sad: $1,431.50 Please use this falm when requesting remission of this civil penalty. You must also complete the IternarstFor Remission. Waiver ofRight to an Admintsrrotvp Hering. 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 arequest 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) occutzd or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.O.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or mote 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) pne or more of tine civil penalty assessmentfacto* in RC, a.S.14n3-282.1(b) were wronelly applied to the dettimentpf the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator pmnmptiv abated continuing environmental damage resulting from the (Le., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violatiouwasinadvertent or aresult of au accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the vialgtgr o be n assessed civil penalties for any previous violations; _ (e) paymentof the civil_penalkzalmsantjoyakatIsalraimainingimssua relial actions (Le., explain how payment ofthe civil penalty will prevent youfrom performing the activities necessary to achieve compliance). • EXPLANATION: (use additional pages as necessary) June 6, 2007 Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(0(6) and NPDES Permit No. NC0022497 Cross Country Campground WWTP Catawba County Case No. LV-2007-0189 To Whom It May Concern: Please accept this letter as a request for remission of the penalties associated with the case no. LV-2007-0189. I sincerely apologize for the self -monitoring data reporting violation which occurred in December 2006, Mr. David Abernethy, the operator in responsible charge, assured me that the dechlorination process was on schedule and compliance limitations would be achieved by the permit effective date. It has become apparent that Mr. Abernethy is either confused, or totally untrustworthy. At any rate, we employed a new ORC effective April 1, 2007. We believe this type of violation will no longer occur. As the park manager, I have always taken the advice of our wastewater operators, and provided maintenance assistance and equipment upgrades as deemed necessary. I can assure you this practice will continue and we will do everything possible to achieve continued compliance. I hope you will approve this remission request, and if I can be of further assistance in this matter, please let me know. Sincerely, Ronnie Wise, Manager Cross Country Campground Enclosures Michael F. Easley, Governor William G. Russ Jr.„ Secretary North Carolina Department of Environment and Natural Resources June 8, 2007 CERTIFIED MAIL 7002 05I0 0000 5461 4955 RETURN RECEIPT REQUESTED Mr. Wray Frazier Cross Country Campground 6254 NC Highway 150 East Denver, NC 28037 SUBJECT: NOTICE OF VIOLATION: NOV-2007-LR-0023 Cross Country Campground WWTP NPDES Permit Number NC0022497 Catawba County Dear Mr. Frazier: Coleen 1-1 Sullins. Director Division of Water Quality .c 2007 This is to inform you that the Division of Water Quality did not receive your discharge monitoring report (DMR) for February 2007 in a timely fashion. Water quality regulations require that monthly monitoring reports shall be filed no later than 30 days after the end of the reporting period for which the report is made. The DMR arrived in our Central Files office on April 24, 2007. Failure to submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. This letter additionally provides notice that this office will recommend the assessment of civil penalties if future reports are not received within the required time frame during the next twelve (12) reporting months. 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 Bob Sledge at (919) 733-5083, extension 547. Sincerely, 4'rze- 0(, Susan A. Wilson, Supervisor NPDES Western Unit cc: NPDES Enforcement Files Mooresville Regional Office Central Files On e NhCarolina VaturallTi North, Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Internet: www.ncwaterqualitv.orn Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 An Equal Opportunity/Affirmative Action Employer — 50% Recycledll0% Post Consumer Paper Customer Service 1-877-623-6748 Dec anb :.r 1 u , 2007 Mr. Ronnie Wise Cross CountryCampground 6254 Hwy 150 East Denver, North Carolina 2 0 a7 St 1.1,I EC" f: Dear Mr. Wise: NC DENR MRQ DWG -Surface Water Pro to Construct 2497A0 l y Campground Dechlorination Facilities Catawba County ection • track application for Authorization to Con tract dechloriraatirrra f acilities was receivers on November 27, 2007, by the Division. Authorization is hereby granted for the construction of modifications to the existing Cross Country Campground, with discharge of treated wastewater effluent into an unnamed tributary to Reed Creek in the Catawba River Basin. 'fhis nut ease. design or permitted capacity and is awarded for the construction of the following specific modif This Authorization urn sulti 7, and in coi rdanc' Ns DES Permit No. NC0022497 issued May I. atrad shall be su. the wastewater treatment trc.iliti s titre constructer) in accordance lirraita Lions specifier) in Permit No. NC0022497. Construct is iss o the fast pith the agrapn ration untess sitions and fail to perftrna sartisfactorily, including the creation of nee conditions, the Pernaittce shall take immediate corrective action, including those as in - such as the construction of additional or replacement wastewater ent or disposal facilit The Mooresville Regional Office, telephone rty eight (48) hours in advance oi'operationa aber t 704) 66 - l 69 shall be notified at e installed facilities so that an on site NorhC rro. . „ irrtlutrtlly 1'it§ 1617 Nlait 542 N Sahshurti S kJle An Equal Opportu lhonoi9191ry.$?- 4 Anton Errrplovnr - 50% Pocyc1ed 0% Post Consumor Paper Mr. Wise Decentber 13, 2007 Page 2 inspection can be made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. Until 5:00 pan. on Monday through Friday, excluding State Holidays. Pursuant to 15A NCAC 21-1 .0140, upon completion of construction and prior to operation of these permitted facilities, thecompleted Engineering Certification form attached to this permit shall be submitted to the address provided on the form. (...fpon classification of the facility by the Certification Commission, the Permittee shall employ a certified wastewater treatment plant operator to be in responsible charge (ORC) of the wastewater treatment facilities. The operator must hold a certificate of the type and grade at least equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The Permittee must also employ a certified back-up operator of the appropriate type and. grade to comply with the conditions of T15A:8G.0202. The ORC of the facility must visit each Gass 1 facility at least weekly and each Class II, III and IV facility at least daily, excluding weekends and holidays, must properly manage the facility, must document daily operation and maintenance of the facility, and must comply with all other conditions of Il5A:8G.0202. A copy of the approved plans and specifications shall he maintained on file by the Permittee for the life of the facility. During the construction of the proposed additionsfmodifications, the permittee shall continue to properly maintain and operate the existing wastewater treatment facilities at all times, and in such a manner, as necessary to comply with the effluent limits specified in the NPDES Permit. You are reminded that it is mandatory for the project to be constructed in accordance with the North Carolina Sedimentation Pollution Control Act, and, when applicable, the North Carolina Dam Safety Act. In addition, the specifications must clearly state what the contractor's responsibilities shall be in complying with these Acts. Prior to entering into any contract(s) for construction, the recipient must have obtained all applicable permits from the State. Failure to abide by the requirements contained in this Authorization to Construct may subject the Permittee to an enforcement action by the Division of Water Quality in accordance with North Carolina General Statute 143-215.6A to 143-21.5.6C. The issuance of this .Authorization to Construct does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances NVITich may be imposed by other government agencies (local, state, and federal) which have jurisdiction. If you have any questions .ARIcgin ed additional information, please do not esi'ta to to co Madden, Jr., P.E. at telephone number (919) 7l5-t20 3. cc: R. Carroll Williams, P.E., Hickory Catawba County Health Department DWQ Mooresville Regional Office, Su Technical Assistance and Certification n Daniel Blaisdell, P.E. Point Source Branch, NPDES Program Cecil G. Madden, Jr., P.E. Anita Reed, ATC File n Cross Country Campground A To C No. 022497A01 Issued December 13, 2007 Engineer's Certification I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the modifications and improvements to Cross Country Campground, located on Hwy 150 East in Catawba County for Cross Country Campground, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the following construction: Dechlorination Facilities Installation of a dechlorination system utilizing sodium sulfite pursuant to the fast track application received on November 27, 2007, and in conformity with the Minimum Design Criteria for Dechlorination Facilities. I certify that the construction of the above referenced project was observed to be built within substantial compliance and intent of the approved plans and specifications. Signature Registration No. Date Send to: Construction Grants & Loans DENR/DWQ 1633 Mail Service Center Raleigh, NC 27699-1633 October 29_ 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED Wray Frazier Cross Country Campground 6254 Hwy 150 East Denver, North Carolina 28037 North Carolina. Department of Environ end Natural Resources a,�ic.cn FI Sullins, Uiro;lor I a �istic�n t)1 Wale! Quality NC DEM C .urface WaterProtec SUBJECT: Return of ATC Application NPDES Permit No. NC0022497 Wray Frazier Cross Country Campground. Catawba County Dear Mr, F This letter is in reference to your Authorization to Construct permit applica,tio�n, received on September 27, 2007, for the construction and operation of the subject wastewater treatment fa After review of the application it has been determined that all information required for a complete ATC application has not been received. Therefore, the Division of Water Quality must return your application as incomplete in accordance with North Carolina General Statute § 14.3-215.1. information on the requirements fot a complete dechlorination fast track application can be found on our web site: hur.liwww,ne Engineerinuiplans,html. Please read the Dechlorination System. Minimum Design Criteria and completely fill out the new Dechlorination Fast (rack. Application Cover, Dechlorination Fast Track Certification, and Dechlorination Fast Track Application Form. Please be advised that construction and/c r operation of a tewratcr colle lean, t.reatmentand/or disposal facilities without a valid permit is a violation of North C".arolina General Statute § 143-2 t may subject the ownerloperal:or to appropriate enforcement actions in accordance with North Carolina General Statute §143-215.6A-6C. Civil penalties of up to $25,000 per day per violation may be assessed for failure to secure a permit required by North Carolina General Statute §143-215.1. No r(kr t",vre?fiuJ Lair[ za,Fn t i w''rttcr Quality I 6? 1l tii tiE.r°vit c (:. rLe Internet: t. W ,..tt a trc aarrpoI i .d „ 1_ cati rt: i Y. :rti to An Equal OpportunityiAifirmahve Action Ralnigh NC=7699-Ir117 kaleiL_h. NC 2760,4 yr 5d° Recycledlt0°ro Post Consumer Paper -2496 Mr. Frazier October 29, 2007 Page When you have obtained the information for a complete application, you may submit a new application package and the appropriate permit processing fee for review. if you have any questions or comments concerning this matter, please contact Cecil G. Madden, Jr., P.E. at (9.19) 715-6203. AR/dr Enclosures cc: R. Carroll Williams, Jr., P.E., Hickory DWQ Mooresville Regional Office, Surface Water Protection Section Anita Reed, E.I. ATC File Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W, Klimek, P,E. Director Division of Water Quality April 1 1, 2007 Wray Frazier Cross Country Campground 6254 NC Hwy 150 E Denver, NC 28037 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Cross Country Campground Permit Number: NC0022497 Case Number: LV-2007-01.18 Catawba County Dear Mr. Frazier: This letter is to acknowledge receipt of check nu l ber 100626 in the amount of $1,206_50 received from you dated April 6, 2007. 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 Robert L Sledge at 919.--73-5083 Ext.547. cc: Sincerely, l le `ReiuntalOffice Supervisor 1617 Mail Service Center Raleigh, NC 27699-1 +17 (919) 733-7015 Customer Service 1 800 623-7748 Nl rthCarofina . aturaIfy Ti1HIS CHECK -IS VOID WITHOUT THE SAFETY FEATURES1LISTED'ON,THE BACK Cross Country Campground - 0604071154 66-0073 C/O Gary Trusdl e -Accountant PO Box 1173 • • Newton NC 28658-1173 !If PAY 0531 re ALCitiFEIMMEL-4.1111Cr4/1/ - -7_ , -0 0 'S) TO -^1 " THE ORDER NC DEPT. OF ENVIRO & NATURAL RES . DIV OF WATER QU _ 9 . , - DATE 04/06/2007 OF First Charter Bark ...800.40178471s.. PC BOX. 37917,,r.",e1.'":4 Charlatte,:'NC 28262 MEMO . . . CASE # is-2007-0118 1771 57 100626 1 AMOUNT **$1206.50 1;,,f_''VOID AFTER 90 DAYS FROM ABOVE DATE As Authorized by Accountholder vi006260 I:0E3).00737i: 81604830 El 9 Michael F. Easley, Govemob(Mi William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality March 21, 2007 CERTIFIED MAIL 7006 2760 0001 8493 7286 RETURN RECEIPT REQUESTED Mr. Wray Frazier, Vice President Cross County Campground 6254 NC Hwy 150 E Denver, North Carolina 28037 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0022497 Cross County Campground WWTP Catawba County Case No. LV-2007-0118 Dear Mr. Frazier: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,206.50 ($1,125.00 civil penalty + $81.50 enforcement costs) against Cross County Campground. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data reported for November 2006. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0022497. The violations are summarized in Attachment A to this letter. Based upon the above facts, 1 conclude as a matter of law that Cross County Campground violated the terms, conditions, or requirements of NPDES Permit No. NC0022497 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). 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, Samar Bou-Ghazale, Acting Regional Supervisor Surface Water Protection for the Mooresville Region, hereby make the following civil penalty e� y assessment against Cross County Campground: A1CDENR Mooresville Regional Office Internet: www,newaterqualitv.oru Division of Water Quality Phone 704-663-1699 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877-623-6748 No T Carolina J�aturay Customer Service An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper $ 1,125.00 For 9 of the nine (9) violation(s) of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0022497, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for total residual chlorine. $ 1,125.00 TOTAL CIVIL PENALTY $ 81.50 Enforcement costs. $ 1,206.50 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) (2) (3) (4) (5) (6) (7) (8) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; The duration and gravity of the violations; The effect on ground or surface water quantity or quality or on air quality; The cost of rectifying the damage; The amount of money saved by noncompliance; Whether the violations were committed willfully or intentionally; The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and The cost to the State of the enforcement procedures. 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 t 2. Submit a written request for remission 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 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 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 G.S. 143B- 282.1(b) were 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 information presented in support of your request for remission must be submitted in writing. The Director 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 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 "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 OR 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed —provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, 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 (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 the violations are of a continuing nature, not related to 1 operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at (704) 663-1699. (Date) Samar Bou-Ghazale ATTACHMENTS Acting Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments MA Outfall 001 001 001 001 001 001 001 001 001 Parameter Total residual chlorine Total residual chlorine Total residual chlorine Total residual chlorine Total residual chlorine Total residual chlorine Total residual chlorine Total residual chlorine Total residual chlorine ATTACHMENT A CASE NO. LV-2007-0118 * Denotes civil penalty assessment Reported Value 2,060 µg/1* 1,240 µg/1* 870 µg/l* 590 µg/1* 540 µg/1* 310 µg/1* 150 µg/1* 1,250 µg/1* 560 µg/1* Permit Limit 28 µg/1(Daily maximum) 28 µg/1(Daily maximum) 28 µg/1(Daily maximum) 28 µg/I (Daily maximum) 28 µg/1(Daily maximum) 28 µg/l (Daily maximum) 28 µg/l (Daily maximum) 28 µg/1(Daily maximum) 28 µg/l (Daily maximum) The permit limit of 28 µg/1 total residual chlorine for NC0022497 became effective on November 1, 2006. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST CROSS COUNTY CAMPGROUND PERMIT NO. NC0022497 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2007-0118 Having been assessed civil penalties totaling $1,206.50 for violation(s) as set forth in the assessment document of the Division of Water Quality dated March 21, 2007, 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 , 2007 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2007-0118 Assessed Party: Cross County Campground County: Catawba Permit Number: NC0022497 Amount Assessed: $1,206.50 PIease 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 (Le., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) CERTIFIED MAIL RETURN RECEIPT REOUESTED Mr. Wray Frazier Vice President Cross County Campground 6254 NC Hwy ISO E Denver, North Carolina 28037 Subject: Dear Mr. Frazier: Michael F. Easley, Covet 4, William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality December 14, 2006 7006 2760 0001 8493 4575 Notice of Violation - Effluent Limitations Tracking #: NOV 2006-LV-0576 Cross County Campground WWTP NPDES Permit No. NC0022497 Catawba County A review of the August 2006 self -monitoring report for the subject facility revealed a violation of the following parameter: Outfall Parameter Calculated Value Permit Limit 001 Ammonia -nitrogen 3.1 mg/I (Monthly average) 3.0 mg/1 (Monthly average) Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality 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. You may contact Ms. Allocco of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at 704/663-1699. Sincerely, Samar Bou-Ghazale Surface Water Protection Acting Regional Supervisor cc: Point Source Branch Catawba County Health Department NCDENR Mooresville Regional Office • Division of Water Quality Internet: www.ncwaterquality.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 N°9.�7,� Carolina ,Aalura/Ij Phone 704-663-1699 Customer Service Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper Michael F. Easley, Governor William G. Ross Jr, Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, RE, Director Division of Water Quality November 21, 2006 Wray Frazier Cross Country Campground 6254 NC Hwy 150 E Denver, NC 28037 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Cross Country Campground Permit Number: NC0022497 Case Number: LV-2006-0436 Catawba County Dear Wray Frazier: Lit kitijvAai k - This letter is to acknowledge receipt of check number 100238 in the amount of $392.50 received. from you dated November 1.7, 2006. 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 Robert L Sledge at 919-7 Sincerely, Carolyn Bryant cc: DWQ Mooresville Regional Office Supervisor Central Files 0 Ext,547, 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 One NiA),5thCarolina aillrally .�, ,� ^•.y-,'.b' y .;'v_; �...: : 3HIS:CHECKAS=VOID WITHOUTTCEHE•SAFETAFEATURHSILISTED.IONr.THE BACKEI., . . • . .41alit..•10. Apply fo account: PERMIT NO. NC0022497 Cross Country Campground 17110616005 C/O Gary Trundle Accountant PO BOX 1173 Newton NC 28658-1173 PAY TO THE ORDER POINT SOURCE COMPLIANCE/ENFORCEMENT UNIT 66-0073 OF First Charter Bank - 800-601-8471 P.O. Box 37937, charlotte,, NC 28262 MEMO . . JULY, 2006 0531 DATE 11/17/2006 100238 AMOUNT **$392.50 VOID AFTER 90 DAYS FROM ABOVE DATE As Authorized by Accountholder no L00 238" 1:053400737n: 8 L60483IL` 89 Michael F. Easley, Gove r 414 1A1• r November 9, 2006 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources CERTIFIED MAIL 7003 2260 0001 3494 8780 RETURN RECEIPT REQUESTED Mr. Wray Frazier Cross County Campground 6254 NC Hwy 150 E Denver, North Carolina 28037 SUBJECT: Dear Mr. Frazier: Alan W. Klimek, P.E. Director Division of Water Quality Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NCOO22497 Cross County Campground WWTP Catawba County Case No. LV-2006-0436 This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $392.50 ($312.50 civil penalty + $80.15 enforcement costs) against Cross County Campground. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data from July 2006. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NCOO22497. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Cross County Campground violated the terms, conditions, or requirements of NPDES Permit No. NCO022497 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). 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, Samar Bou-Ghazale, Acting Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Cross County Campground: ®�'�•� N� �`nCarolina NCDENR Naturally Mooresville Regional Office Internet: www.ncwateroualitv.org Division of Water Quality Phone 704-663-1699 Customer Service 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50% Recycledll0% Post Consumer Paper 312.50 For I of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0022497, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for ammonia nitrogen. $ 31150 TOTAL CIVIL PENALTY $ 80.15 Enforcement costs. 392.65 TOTAL AMOUNT DUE Pursuant to G.S. 143-21.5.6A(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 violations; (2) The duration and gravity of the violations; (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 violations were 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 tbr 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 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 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 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 G.S. 143B- 282.1(b) were 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 information presented in support of your request for remission must be submitted in writing. The Director 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 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 "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 OR 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 original, and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed — provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, 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 (30) days ofreceipt 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 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. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. Samar Bou-C1fazale Surface Water Protection Acting Regional Supervisor Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments ' MA ATTACHMENT A CASE NO. LV-2006-0436 Outfall Parameter Reported Value Permit Limit 001 Ammonia nitrogen 4.71 mg/1* (Monthly average) 3.0 mg/1 (Monthly average) * Denotes civil penalty assessment • • STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST CROSS COUNTY CAMPGROUND PERMIT NO. NC0022497 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2006-0436 Having been assessed civil penalties totaling $392.65 for violation(s) as set forth in the assessment document of the Division of Water Quality dated November 9, 2006, 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 , 2006 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2006-0436 Assessed Party: Cross County Campground County: Catawba Permit Number: NC0022497 Amount Assessed: $392.65 Please use this form when requesting remission of this civil penalty. You must also complete the "Re uest For Remission Waiver o Ri ht to an Administrative Hearin and Sti ulation 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 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 (Le., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (Le., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) Michael F. Easley, Governor William G, Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality November 21, 2006 Wray Frazier Cross Country Campground 6254 NC Hwy 150 E Denver, NC 28037 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Cross Country Campground Permit Number: NC0022497 Case Number: LV-2006-0435 Catawba County Dear Wray Frazier: This letter is to acknowledge receipt of check number 100237 in the amount of $392.50 received from you dated November 17, 2006. 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 Robert. L Sledge at 919-733-5083 Ext.547. Sincerely, Carolyn Bryant cc: DWQ Nloor'esville Regional Office Supervisor Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 625-7748 r� No Carolina Piney • +�; t_ ':„�r`�•'t�i.• . . 3 `' � . .:4a'.'- s-w: THIS -GHECK IS VOID-WiTHOUTFTHE.SAFET'AFEATURES'LISTEO.ONhTHE,BACW ,. 'tl-'G1- fi ? .�yC- ',•a,,g: _ Apply to account: PERMIT NO. NC0022497 Cross Country Campground 17110616004 66-0073 C/O Gary Trusdle Accountant PO Box 1173 Newton NC 28658-1173 0531 PAY CC ge:a =Sg.ta TO THE ORDER POINT SOURCE COMPLIANCE/ENFORCEMENT UNIT OF First Charter Bank 800-601-8471 - P.O. BOX 37937 charlotte,- NC 28262 MEMO ... JUNE, 2006 . _ DATE 11/17/2006 100237 AMOUNT **$392.50 ' VOID AFTER 90 DAYS FROM ABOVE DATE As Authorized by Accountholder 1111002370 u;053100?3?1: aL604830 89 ,vP ode �ArERQG 11�3 +;lei Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, A.E. Director Division of Water Quality November 9, 2006 CERTIFIED MAIL 7003 2260 0001 3494 8773 RETURN RECEIPT REQUESTED Mr. Wray Frazier Cross County Campground 6254 NC Hwy 150. E Denver, North Carolina 28037 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0022497 Cross County Campground WWTP Catawba County Case No. LV-2006-0435 Dear Mr. Frazier: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $392.50 ($312.50 civil penalty + $80.15 enforcement costs) against Cross County Campground. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data from June 2006. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0022497. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Cross County Campground violated the terms, conditions, or requirements of NPDES Permit No. NC0022497 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). 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, Samar Bou-Ghazale, Acting Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Cross County Campground: �*ar � Ise'' NCDENRfIfa Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwaterquality.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled!10%a Post Consumer Paper $ 312.50 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0022497, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for ammonia nitrogen. $ 312.50 TOTAL CIVIL PENALTY $ 80.1-5 . Enforcement costs. $ 392.65 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 violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on afr quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were 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'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 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 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 G.S. 143B- 282.1(b) were 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 informationpresented in support of your request for remission must be submitted in writing. The Director 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 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 "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 OR 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 .filingsMonday 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 the Office of Administrative Hearings. The petition may be faxed — provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 671.4 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, 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 (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 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. If you have any questions about this civil penalty assessmentor a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. VO (Date) ATTACHMENTS Samar Bou-Ghazale Surface Water Protection Acting Regional Supervisor Mooresville Regional Office Division of Water Quality cc: Water Quality Regional Supervisor wl attachments Compliance/Enforcement File w/ attachments Central Files wl attachments • MA ATTACHMENT A CASE NO. LV-2006-0435 Outfall Parameter Reported Value Permit Limit 001 Ammonia nitrogen 8.06 mg/1* (Monthly average) 3.0 mg/1 (Monthly average) * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST CROSS COUNTY CAMPGROUND PERMIT NO. NC0022497 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2006-0435 Having been assessed civil penalties totaling $392.65 for violation(s) as set forth in the assessment document of the Division of Water Quality dated November 9, 2006, 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 , 2006 1. BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2006-0435 Assessed Party: Cross County Campground County: Catawba Permit Number: NC0022497 Amount Assessed: $392.65 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 penally. 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: (use additional pages as necessary) Wray Frazier '*04romp, Cross Country Campground 6254 NC Hwy 150 E Denver, NC 28037 SUBJECT: Dear Mr. Frazier Michael F. Easley, Governor William G. Ross Jr, Secretary North Carolina Department of Environment and Natural Resources Alan W, Klimek, P.E. Director Division of Water Quality September 5, 2006 Payment Acknowledgment Civil Penalty Assessment Cross Country Campground Permit Number: NC0022497 Case Number: LV-2006-0277 Catawba County t. CO- ttNittotittmttAtt, OD NATURAL RE jr MCORESDIUF DTGIONAL OFFICE. , 000000*0 ) SEP 0 8 2006 000 '0,0t 17 This letter is to acknowledge receipt of check number 100019 in the amount of $392.65 received from you dated August 29, 2006. 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 Robert L Sledge at 919-733-5083 Ext.547. Sincerely, cc: DWQ Mooresville Regional Office Supervisor Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 Out NorthCarobna „ 'rally THIS CHECK IS VOID. WITHOUJ THE SAFETY FEATURES, LISTED ON THESACK. —.CrossCountry campground '., C/O_ Gary:Trusdle Accountant, PO ;Box-°1173 6 ^' ;'Newton? NC,28658 1173 • PAY 3 • THHEER POINT ;SOURCE COMPLIANCE/ENFORCEMENT ,UNIT OF ,' L FTrst Charter Oar* ti. '61 i r "� 51 �,z ,; ;I �s �' 800 601484711 ' ',' F i I +N t i, a P.o sox'-37937,,: f } Charlotte;, NC 28262- ' ,, -; .+ Please .Apply to Customer Account PERMIT NO NC0022497 17003Z2600001349470731 T fir. I�1 r. _ ° , - .. 1 •4 VOIDAFTER`9O DAY&FROM ABOVE DATE -•h L j '.As AuthOr1zed by6Accounthoider no L000 L911' 40S:3 1100737.: 8 L601,83u' • 89 5 August 7, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Wray Frazier Cross County Campground 6254 NC Hwy 150 E Denver, North Carolina 28037 SUBJECT: Dear Mr. Frazier: �7. `1/ Michael F. Easley, Governor - William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality 7003 2260 0001 3494 7073 Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0022497 Cross County Campground WWTP Catawba County Case No. LV-2006-0277 This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $392.65 ($312.50 civil penalty + $80.15 enforcement costs) against Cross County Campground. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data from May 2006. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0022497. The violations are summarized in Attachment A to this letter. Based upon the above facts, conclude as a matter of law that Cross County Campground violated the terms, conditions, or requirements of NPDES Permit No. NC0022497 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). 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, D. Rex Gleason, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Cross County Campground: ATA NCDENR Mooresville Regional Office Internet: wvvw.ncwalernualitvorg Division of Water Quality Phone 704-663-1699 610 East Center Ave, Suite 301 Mooresville, NC 28115 . Fax 704-663-6040 1-877-623-6748 N?:115th Carolina i7Vaturally Customer Service 44 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper 312.50 For I of the one (1) violation of G.S. 1.43- .. 215.1.(a)(6) and NPDES Permit No. NC0022497, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for ammonia nitrogen,. 312.50 TOTAL CIVIL PENALTY 80.15 Enforcement costs. 5 392.65 TOTAL AMOUNT DUE Pursuant to G.S.143-2.15,6A(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: (2) (3) (4) (5) (6) (7) (8) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; The duration and gravity of the violations; The effect on ground or surface water quantity or quality or on air quality; The cost of rectifying the damage; The amount of money saved by noncompliance; Whether the violations were committed willfully or intentionally; The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission. has regulatory authority; and The cost to the State of the enforcement procedures. 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 for* Payment of the penalty will not foreclose further enforcement action for any continuing or new violatio.n(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 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 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 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 Iisted below. In determining whether a remission request will be approved, the following factors shall be considered: (1) (2) (3) (4) (5) whether 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; whether the violator promptly abated continuing environmental damage resulting from the violation; whether the violation was inadvertent or a result of an accident; whether the violator had been assessed civil penalties for any previous violations; or whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted in writing. The Director 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 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 "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 OR 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed — provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number found on page one of this letter) on he 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 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. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. D. Rex Gleaso, P.E. Surface Water Protection Regional Supervisor Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments ATTACHMENT A CASE NO. LV-2006-0277 Pipe No. Parameter Reported Value Permit Limit 001 Ammonia nitrogen *5.42 mg/1 (Monthly average) 3.0 rrrg/l (Monthly average) * Denotes civil penalty assessment STATE OF NORTH CAROLINA COUNTY OF_ CATAWBA IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST CROSS COUNTY CAMPGROUND PERMIT NO. NC0022497 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES _ WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2006-0277 Having been assessed civil penalties totaling $392.65 for violation(s) as set forth in the assessment document of the Division of Water Quality dated August 7, 2006, 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 , 2006 BY ADDRESS TELEPHONE JUSIIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2006-0277 Assessed Party: Cross County Campground Permit Number (if applicable): NC0022497 County: Catawba Amount Assessed: $39165 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-2821 (b) were wron a d to detriment of the etitioner (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 paym.ent 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: (use additional pages as necessary) North Carolina. Dep Jt11y 5, 2006 Wray Frazie Cross Country Campground 6254 NC Hwy 150 E Denver, NC 28037 SUBJECT: Payment Acknowledgment Civil. Penalty Assessment Cross Country Campground Permit Number: NC0022497 Case Number: LV-2006-0161 Catawba County Dear Mr. Frazier: Michael F. Easley, Governor William G. Ross Jr., Secretary f Environment and Natural Resources Alan W. Klimek, RE, Director Division of Water Quality you Lit, - Ali NATO MORES",'. (a "`Gt A TER UA This letter is to acknowledge receipt of check number 9306. in the amount of $203.95 received from you dated June 26, 2006. 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 Robert L Sledge at 919-733-5083 Ext.547. Sincerely, cc: DWQ Mooresville Regional Office Supervisor Central Files 1617 Mail Service Center Raleigh, NC 27699-16'l7 (919) 733-7015 Customer Service 1 800 623-7748 ilrClina :atulat'!t` NTRYYCAMPGROUND !NC A, —NA� �'`CR��SS COU �, . 4,,, ,,q� dl „ 6254 HWY 15Oi(4 141I p .. DE7O4=NVER4; 83NC:58280937' a aIb' Jay/• i �(f q r a iYlllit III Ili _ � �� 9 ��l IIN jI W IL<. M1 �y- � _ _.�r": '` �y,,, ^� DATE * *1*�* T_WO HUNDRED - THREE & PAY; 3 `°= r3s ` rar :,PTO THE',c9 it, 0, &� 6 , .,.. , i./ ORDER; ,ir ' OF - POINT "SOURCE;,BRANCT-I ` 'D'I ISION OF WATER QUALITY; - -' 1617 "MAIL SERVICE, "CENTER: 'RALEIGH,� NC;, ;27,'699-1617.: FIRST CHARTER ' t` 530E; 0-000503 r!i ERRED SIGNATURE it 0009 3❑ 611' 1:05 3 L00 7 3 71: 008 L 6048 3v June 1, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Wray Frazier, Vice President Cross Country Campground 6254 Highway 150-East Denver, North Carolina 28037 SUBJECT: Dear Mr. Frazier: Michael F. Easley, Gove(�JL William G. Ross Sr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality 7003 2260 0001. 3493 9290 Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute ' 143-215.1(a)(6) and NPDES Permit No. NC0022497 Cross Country Campground WWTP Catawba County Case No. LV-2006-0161 This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $203.95 ($125.00 civil penalty + $78.95 enforcement costs) against Cross Country Campground. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data from March 2006. This review has shown the subject facility to be in violation of the discharge limitations and monitoring requirements found in NPDES Permit No. NC0022497. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Cross Country Campground violated the terms, conditions or requirements of NPDES Permit No. NC0022497 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A (a) (2) . 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, D. Rex Gleason, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Cross Country Campground: NCDENR Mooresville Regional Office Division of Water Quality Internet: www.ncwaterquality org 610 East Center Ave, Suite 301 Mooresville, NC 28115 V One NorthCarolina Naturally Phone 704-663-1699 Customer Service Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer 50% Recycled/10% Post Consumer Paper $ 125.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0022497, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for BOD. For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0022497, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for TSS. $ 125.00 TOTAL CIVIL PENALTY $ 78.95 Enforcement costs. $ 203.95 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 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 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 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) (2) (3) (4) (5) whether 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; • whether the violator promptly abated continuing environmental damage resulting from the violation; whether the violation was inadvertent or a result of an accident; whether the violator had been assessed civil penalties for any previous violations; or whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted in writing. The Director 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 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 "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 OR 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed — provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, 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 (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 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. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Ouality Section staff of the Mooresville Regional Office at 704/663-1699. Aoady__,./:, 2 c)c::1 (Date) ATTACHMENTS o • D. Rex GI son, P.E. Surface Water Protection Regional Supervisor Mooresville Regional Office Division of Water Quality cc: Water Quality Regional Supervisor wl attachments CompIiance/Enforcement File w/ attachments Central Files w/ attachments Jr, ATTACHMENT A CASE NO. LV-2006-0161 Pipe No. Parameter Reported Value Permit Limit 001 BOD *56.0 mgil 45.0 mg/1 001 TSS 49.0 mg/1 45.0mg/1 * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST CROSS COUNTRY CAMPGROUND PERMIT NO. NC0022497 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV -2006-0161 Having been assessed civil penalties totaling $203.95 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 1, 2006, 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 , 2006 BY ADDRESS TELEPHONE DWQ — CIVIL ASSESSMENT REMISSION TORS CONSIDERATION Case Number: LV-2006-0161 Assessed Entity: Cross Country Campground Region: Mooresville County: Catawba () Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; ) Whether the violator promptly abated continuing environmental damage resulting from the violation; () () Whether the violation was inadvertent or a result of an accident; Whether the violator had been assessed civil penalties for any previous violations; ( ) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Decision: (Check One) Request Denied Fu Remission Li Partial Remission Li Amount Remitted Date Alan . Klimek , P.E. prco- IKA7z-61 0ERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Wray Frazier, Vice President Cross County Campground 6254 Hwy 150 East Denver, NC 28037 Subject: Dear Mr: Frazier: I Michael F. Easley, G error William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality June 29, 2006 7003 2260 0001 3494 6366 Notice of Violation - Effluent Limitations Tracking #: NOV-2006-LV-0311 Cross County Campground WWTP NPDES Permit No. NC0022497 Catawba County A review of the April 2006 self -monitoring report for the subject facility revealed a violation of the following parameter: Pipe Parameter Reported Value Permit Limit 001 Ammonia Nitrogen 8.76 mg/1 (Monthly Average) 3.0 mg/I (Monthly Average) Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality 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. -You may contact Ms. Marcia Allocco of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at 704/663-1699. cc: Point Source Branch Catawba County Health Department MA ATE 1 NCDENR Sincerely, R.-(r D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Mooresville Regional Office Division of Water Quality Internet. www.ncwaterqualitv.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Carolina aturaly Phone 704-663-1699 Customer Service Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper Michael F, Easley, Governor fey William G. Ross Jr., Secretary I i�"`� North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E., Director Division of Water Quality December 22, 2005 Mr. Wray Frazier, Vice President Cross Country Campground 6254 NC Highway 150 East Denver, North Carolina, 28037 Subject: Results from Effluent Sampling Analyses Cross Country Campground WWTP NPDES Permit No. NCO022497 Catawba County, N.C. Dear Mr. Frazier: Enclosed please find the results from the laboratory analyses performed on the effluent samples from the Cross Country Campground wastewater treatment plant (WWTP). The samples analyzed were composite (split) and grab samples collected during the Compliance Sampling Inspection performed by Mr. Wes Bell on November 16, 2005. The results of the sampling analyses show compliance with the permit limits. Please attach this letter to the inspection report dated November 22, 2005 to complete your records on the inspection. The report should be self-explanatory; however, should you have any questions concerning the report, please do not hesitate to contact Mr. Bell or me at (704) 663-1699. Sincerely, D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Enclosure cc: Catawba County Health Department WB Oe Njor , �.] hCarolina Aatura!!y tJ DENR N. C. Division of Water Quality, Mooresville Regional Office, 610 East Censer Avenue, Suite 301, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 ANALYTICAL RESULTS SHEET NAME OF FACILITY: Cross Country Campground WWTP Grab: X Composite: X Sample Date(s): 11/16/05 NPDES Permit No. NC0022497 Sample Location: Effluent County: Catawba B0D5, mg/1 5.3 Phenols, ugh COD: High, mg/1 Sulfate, mg/I COD: Low, mg/1 Sulfide, mg/1 Coliform: Fecal, #/100 ml 3 Biomass: Dry Weight Coliform: Total, #/100 ml Biomass: Peri Ash Free Coliform: Tube Fecal, MPN NH,-N, mg/1 1.7 Colifornt: Tube Total, MPN TKN, mg/I 6.4 Residue: Total, mg/1 NO, + NO3, mg/I 54 Volatile, mg/1 PO,, mg/1 Fixed, mg/I P: Total, mg/1 11 Residue: Suspended, mg/1 11 P: Dissolved, mg/I Volatile, mg/1 Ag-Silver, ug/1 Fixed, mg/1 Al -Aluminum, ugh Settleable Solids, m1/1 Be -Beryllium, ug/1 pH, s.u. 6.15 Ca -Calcium, ugh TOC, mg/l Cd-Cadmium, ug/1 Turbidity, NTU Co -Cobalt, ugh Chloride, mg/1 Cr-Chromium: Total, ug/I Oil and Grease, mg/1 Cu-Copper, ugh Cyanide, mg/1 Fe -Iron, mg/I Fluoride, mg/1 Pb-Lead, ug/1 Hardness: Total, mg/1 Hg-Mercury, ug/1 MBAS, ugh Zn-Zinc, ugh Dissolved Oxygen, mg/I Semivolatiles Total Residual Chlorine, mg/1 5.00 VOC Temperature, °C 16.5 Ai7A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director August 12, 2005 CER 1'IFIED MAIL RETURN RECEIPT REQUESTED 7003 2260 0001 3492 6436 Mr. Wray Frazier Cross Country Campground 6254 NC Highway 150 East Denver, NC 28037 SUBJECT: Notice of Violation and Assessment -of Civil Penalty for Violations ofN.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0022497 Cross Country Campground Case No. LV-2005-0281 Catawba County, NC Dear Mr. Frazier. This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $335.04 ($250.00 civil penalty+ $85.04 enforcement costs) against the,Cross Country Campground. This assessment is based upon the following facts: A review'has been conducted ofthe discharge monitoring report (DMR) submitted by the Cross Country Campground for the month .of May 2005. This review has shown the subject facility to be in violation ofthe discharge limitations found in NPDES Permit No. NC0022497. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Cross Country Campground violated the terms, conditions or requirements,ofNPDES Permit No. NC0022497 and North Carolina General Statute ,(G.S.)143-215.1(a)(6) in the manner and extent shown in Attachment A. A.civll penalty may assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). Based upon the above findings offact and conclusions of law, and in accordance with authority provided by the Secretary ofthe Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, D. Rex Gleason, 'Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the Cross Country Campground: Mooresville Regional Office 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 Phone: 704-663-16991 Fax: 704-663.60401 Internet h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer --50% Recycled110% Post Consumer Paper NorthCarolina Naturally $ 250.00 For 1 ofthe one (1) violation of G. S. 143- 215.1(a)(6) and NPDES Permit No. NC0022497, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for Ammonia Nitrogen. $ 250.00 TOTAL CIVIL PENALTY $ 85.04 Enforcement costs. $ 335.04 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining .the amount . ofthe penalty I have taken into.account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (I) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the • mage; (5) The amount of money saved by noncompliance; .(6) Whether the violations were 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 ofthe 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 Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission 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 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 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) (2) (3) (4) (5) whether 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; whether the violator promptly abated continuing environmental damage resulting from the violation; whether the violation was inadvertent or a result of an accident; whether the violator had been assessed civil penalties for any previous violations; or whether payment .of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted in writing. The Director 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 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.origjnal 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 "Waiver of Right to an Administrative Hearing and Stipulation ofFacts" 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 Branch Division of Water Quality I617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 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 bearing. 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed — provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Bearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy ofthe petition must also be served on DENR as follows: Mr. Dan Oakley, General Conmel 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 (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 though a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. 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. If you have any questions about this civil penalty assessment or a Special Order by Consent., please contact the Surface Water Protection Section staff of the Mooresville Regional Office at 704/663-1699. (Date) D. Rex Gle n, P.E. Surface Water Protection Regional Supervisor Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Si rfac'e Water Protection Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Limit Violations, May 2005 Parameter Ammonia Nitrogen Attachment A Cross Country Campground NPDES Permit No. NC0022497 C'nsr Number LV-2005-0281 Month Average Limit Violations Reported Value Limit Units 5.6 * 3.0 mg/L * denotes; assessment of civil penalty. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Catawba IN THE MAl-1'ER OF ASSESSMENT CIVIL PENALTIES AGAINST Cross Country Campground PERMIT NO. NC0022497 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV 2005-0201 Having been assessed civil penalties totaling S335.04 for violation(s) as set forth in the assessment document ofthe Division of Water Quality dated August 12, 2005, 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 , 2005 BY ADDRESS TELEPHONE Effluent NPDES Permit No.: NC0022497 Discharge No 1 onth: MAY Facility Name: CROSS COUNTRY Class: 2 Operator in Responsible Charge: BYRON BURCHELL Grade WW2 Certified Laboratory (1): WATER TECH LABS Change in ORC: No Person Collecting Samples: BYRON BURCHELL Mail Original and One Copy to: X /�211U' Attn: Central Files Div. Of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 2 FIRS 1130 HR5 0.5 ORC On Site YIN 50050 C C) 1L 0 a w m tC To MGD 0.0030 0.0030 00010 w 0. E d (2) Year: 2005 County: CATAWBA Phone: 704-813-6881 (Signature of Zperator in Responsible Charge) By this signature, I certify that this report is accurate and complete to the best of my knowledge 00400 0 n S.U. 50060 c ro • ro Gam/ L ix U UGIL < .01 00310 U 0 KV fl m MGIL D0610 00530 ! -c C dl 0 ¢z MG/L MGIL 31616 Fecal CoWorm /100ML 00300 c } m "6 MGIL 00600 00665 is C w 00 Z MG/L MG/L ' :1200'; 13.0030 00556 00545 b to c m el 0 m .0 1p m v w o a � MGIL MLIL 4 6 1200 ':230 1230 0.5 0.5 0.0030 • 0.0030 0.0030 7 16.0 7.0, <01 17.5 9.1 '19.0 A • 8 10 :1200 1200 0.5 Y 0.0033: 0.0033 0.0033 0.0033 :MUL+ttEa 4... 4�a 51. 1 12 ?200 1100 1115 0.5 Y :0.0044: 0.0048 0.004.1< 18.0 7.1 <.01 17.0 3.0 20.0 65 6.4 L:4:8 14 ]5 16 . :117, 1100 1130 0.5 N Y 0.0040 .0.004a 0.0040 o:obs4 <.01 WATER 18 1130 0.5 0.0051 7 D:0051', :22.0 K.07 62._ <a 20 1100 0.5 Y 0.0051 0.0051'1 22 0.0051 1115:. :0.0044 6.2 - 24 26 1100 00' 1100 ' :1.10D`: 0.5 0.5 Y Y 0.0044 :0.0044 0.0044 :0.0044 20.0 7.0 t.01 20.5 6.1 22.5 42 6.4 26 0.0044 .0.0044 30 0.0044 .,31' ;..1100 AVERAGE 015 MAXIMUM MINIMUM 0:0064 0.0042 0.0064 0.0030 19.0 22:D 16.0 6.9 <:01 0 0 18.3 .20:5 17.0 5.6J 19.9 9.1 :22 5 1.8 18.0 A0 65 42 4041 6.2 0.0 0.0 D.0 Comp. (C)IGrab (G) Monthly limit 0.0650 NL NL 30.0 9.0 30.0 200 >6 Daily Maximum 45.0 NL 45.0 400 k. Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements All monitoring data and sampling frequencies do NOT meet permit requirements Compliant Not compliant If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment. operation, maintenance, etc., and a time -table Cm- improvements to be made. "1 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." elef-05 &41-4-y/°,7e/AZI /1ST 4v' / )rn(r, A'd '� � �a - f - 7 Permittee Address Phone Number Pe>mitte Please print or type) z/, Signs a of Permittee** Date (Required) 2//geVes-- Permit Exp. Date 00010 Temperature 00076 Turbidity 00080 Color (Pt -Co) 00082 Color (ADMI) 00556 00600 00610 00625 .00095 Conductivity 00630 00300 Dissolved Oxygen 00310 BOD$ 00665 00340 COD 00720 00400 pH 00745 00530 Total Suspended 00927 Residue 00929 00545 Settleable Matter 00940 PARAMETER CODES 00951 01002 01032 01034 Total Phosphorous Cyanide Total Sulfide Total Magnesium Total Sodium Total Chloride - Oil & Grease Total Nitrogen Ammonia Nitrogen Total Kjeldhal 01027 Nitrogen Nitrates/Nitrites . 01037 01042 01045 01051 01062 Total Fluoride Total Arsenic Cadmium Hexavalent Chromium Chromium Total Cobalt Copper Iron Lead Molybdenum 01067 Nickel 01077 Silver 01092 Zinc 01105 Aluminum 01147 Total Selenium 31616 Fecal Coliform 32730 Total Phenolics 34235 Benzene 34481 Toluene 38260 MBAS 39516 PCBs 50050 Flow 50060 Total Residual Chlorine 71880 71900 81551 Formaldehyde Mercury Xylene Parameter Code assistance may obtained by calling the Point Source.CornpliancelEnforcemcnt Unit at (919) 733-5083 or by visiting the Water Quality Section's web site at h2o.enr.state.nc.us/wqs and linking to the Unit's information pages. Use only units designated in the reporting facility's permit for reporting data. * ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. co -in: If signed by other than the permitice, delegation of signatory authority must be on file with the state per 15A NCAC 2B .0506 (b) (2) (D). Permit NC0022497 A. (1.) EFFLUENT LIMITS AND MONITORING REQUIREMENTS — FINAL 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: HA CTERISTIC� a . (par4fr?leJBftcodj. Flow (50050) 80D,.5-day (209C) (00310) �� rMorifhTy` . •Average'. r 0.065 MGD 'Measuriefit?' .� Fre�q'a ncy Continuous N1TQRING RE UIREMENTS :Samplt=aT�pi�� Recording Influent or Effluent Total Suspended Solids (00530) NH3 as N (00610) _(April 1— October 31) 30.0 mg/L 45.0 mg/L Weekly Composite Effluent 30.0 mglL 45.0 mg/L Weekly ' Composite Effluent NH3 as N (00610) (November 1 — March 31) Dissolved Oxygen (00300) Fecal Coliform (31616) (geometric mean) 3.0 mg/L 9.0 mg/L 15.0 mg/L 35.0 mg/L Weekly Weekly Weekly Composite Composite Grab Total Residual Chlorine2 (50060) Temperature (°C) (00010) Temperature (9C) (000/0) Total Nitrogen (00600) (NO2+NO3-FTKN) 200 / 100 ml 400/100ml 28 Ng/L Weekly 2/Week Daily Grab Grab Grab Effluent Effluent Effluent, Upstream & Downstream Effluent Effluent Effluent Weekly Grab Upstream & Downstream Total Phosphorus (00665) pH3 (00400) Quarterly Quarterly Composite Composite Effluent Effluent Weekly Grab Effluent Footnotes: 1_ Upstream: at least 100 feet upstream from the outfall. Downstream: the outfall_ at least 300 feet downstream from 2. Total Residual Chlorine limit takes effect November 1, 2006. Until the limit becomes effective, the permittee shall monitor Total Residual 'Chlorine (with no effluent limit). 3. The pH shall riot be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. Tasks Rerr r 5i iiecticr� Se lenient F elated Case Cot r ents Events Related' olations Penal A e lumberNOV: Permit: iNC0022497 C tari .. SOC: AD: w...._ Facility: Cross Country Campground De,(aits,. Region: nt:ss Country�...M.w, . e�u��......� Campground " Maintain_ tocide Owner 'Cross ntralOttice Login Date: 0J1812005 Comments: !Office Contact: ated eRobetit, Regional Contact: tgnd n Richard Enforcement Contact: PenatlyAssessed Date: Letter Date: Penalty Amount. Damages: Enforcement Cost: Total Case Penalty: Facility Received F&D: Response Due By: VA Monitoring Report [05 20€ 5 County: ,Catawba Inspect Dt: fl8fl 712005 y Frazier ; Salutation for Letter: Remission Request: Remission Acknowledged: Enf, Conf, Date: Remission Amount: Ci4 Enf, Conf. Letter Date: 4 Facility Rcvd, Ent Conf, Ltr.: ide inform EMC Hearing Date: Remission Amount: t Et1C Results Received: Petition in OAH: Remission Amount: Case to Collection: lenient Requested: y !Page 111 1 C3AK LI;% i REESOURCE6 00RESGtOAL OFFICE 11�1_I.E,R� Cross Country Campground 6254 NC Highway 150 East Denver, NC 28037 November 29, 2005 Mr. Richard Bridgeman NCDENR Division of Water Quality 610 East Center Ave., Suite 301 Moorseville, NC 28115 Dear Mr Bridgeman: DEC 012°1 WATERQUALITY SEC11O0 Thank you for your letter dated November 22, 2005 regarding the Compliance Sampling Inspection of Cross Country Campground WWTP (NC0022497). The operator -in -responsible charge has been advised of your findings. In fact, the ORC, Mr. Bryon Burchell, has been terminated effective December 1, 2005. The certification commission will be advised of the replacement. Listed below is an item -by -item response to the deficiencies. • The flow diagram of the plant is being reviewed. There is a flow equalization basin at the facility. The unit is being used as an aerobic digestor/sludge holding tank. Previous park and treatment managers have been responsible for any operational design variations. The facility has operated for approximately twenty years in this mode, during which time numerous state inspections and permit renewals have occurred. • An improved process control program will be initiated by the new ORC. • The clarifier condition and operation will be improved. Any necessary improvements will be taken care of as soon as possible. • Both blower/motor units will be kept in operation. The park manager is perfectly willing to address any maintenance items if they are brought to his attention. It is my understanding that these blower/motor units are designed for outdoor use without cover. Quite often covered units tend to overheat and result in failure. • I believe the elevated chlorine residual noted at the time of inspection was a result of operator troubleshooting overcompensation due to normal inspection intimidation fears. The TRC issue will be addressed prior to the November 1, 2006 compliance date. • The new ORC will insure that no expired chlorine analysis reagent is used and calibrations are properly documented. • Any issues associated with the flow meter operation will be addressed. We apologize for operator error in this situation. • Effluent sampling procedures will be improved immediately. If the information in your report is accurate, the ORC is not following proper protocol and corrective action will be taken. In addition, any sampling equipment modification and protection will be dealt with. • If there are unresolved issues associated with record keeping and DMR's, the current ORC will be responsible for submitting the necessary amended reports. • A delegation of signature authority will be sent to your office as soon as possible. I hope that we have adequately responded to your inspection report and if we can be of further assistance, please let me know. Sincerely, Jonathan Gragg Operations Consultant cc: Ronnie Wise Park Manager Michael F. Easley, Goverr William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E., Director Division of Water Quality November 22, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED . 7003 2260 0001 3492 7365 Mr. Wray Frazier, Vice President Cross Country Campground 6254 NC Highway 150 East Denver, North Carolina 28037 Subject: Notice of Violation Compliance Sampling Inspection Cross Country Campground WWTP NPDES Permit No. NC0022497 Catawba County, NC Tracking #: NOV-2005-PC-0254 Dear Mr. Frazier: Enclosed is a copy of the Compliance Sampling Inspection Report for the inspection conducted at the subject facility on November 16, 2005 by Mr. Wes Bell of this Office. Please inform the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report. The results of the effluent sampling will be forwarded to you under separate letter. This report is being issued as a Notice of Violation (NOV) due to the numerous monitoring violations of the subject NPDES Permit and North Carolina General Statute (G.S.) 143-215.1, as detailed in the Summary/Record Keeping and Effluent Sampling Sections of the attached report. 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. It is requested that a written response be submitted to this Office by December 12, 2005, addressing the deficiencies noted in the Secondary Clarifier, Aeration Basins, Disinfection -Tablet, Laboratory, Flow Measurement (Effluent), SummarylRecord Keeping, and Effluent Sampling Sections of the report. In.responding, please address your comments to the attention of Mr. Richard Bridgeman. On e NhCarolina ATA ' ,aturally - NR N. C. Division of Water Quality, Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 Mr. Wray Frazier Page Two November 22, 2005 The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Mr. Bell or me at (704) 663-1699. Sincerely, LD. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Enclosure cc: Catawba County Health Department Faith Wright, Cross Country Campground WB United States Environmental Protection Agency EPA 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 1 'NI 2 11A 31 NC0022497 1 11 121 05/11/16 117 Type Inspector Fac Type l 201 I 181 c!-! t 191 cIJ L! 1 I I I! I I I I I I I I I I 1661 Remarks 21[ III I III 1 1 1 1 1 1 1 1 I I I l i I 1 1 1 1 1 1 1 1 1 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA671 1.5 169 7° 1 21 71 1 N 1 721211731 I l 74 75l 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) Cross Country Campground 6254 NC Hwy 150 E Denver NC 28037 Entry Time/Date 09:11 AM 05/11/16 Permit Effective Date 05/05/01 Exit Time/Date 12:08 PM 05/11/16 Permit Expiration Date 10/04/30 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) / / / • Byron K Burchell/ORC/704-813-6881/ Other Facility Data • Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Wray Frazier,6254 NC Hwy 150 E Denver NC-28037//704-483-5897/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) ■ Permit Flow Measurement Operations & Maintenance II Records/Reports Self -Monitoring Program Sludge Handling Disposal III Facility Site Review • Effluent/Receiving Waters Laboratory 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 Wesley N Boll MRO WQ//704-663-1699 Ext.231/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Richard M Bridgeman MR0 WQ//704-663-1699 Ext.264/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 31 NPDES NC002•2497 I11 121 yr/mo/day 05/11/16 I17 Inspection Type 18ISI (cont.) 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) RECORD KEEPING SECTION cont'd: DMRs were reviewed from September 04 through August 05. Monthly average effluent ammonia violations were reported for October 04 and April 05 through July 05 (five total violations). The Division has separately addressed the above -noted violations by issuances of either a NOV or NOV/civil penalty assessment. The following discrepancies were noted during the review of the facility's self -monitoring data: - no flow was reported from 1/29/05 - 1/31/05. - no upstream and downstream data were reported for March 05 (Amended DMR will be resubmitted). - the incorrect compliance status was checked for April 05 and May 05. - the flow was reported on a weekly basis for June 05 (Amended DMR will be resubmitted). - on several occasions, the sample collection/analysis time was not properly documented. - the permittee has not submitted a delegation of signature authority letter for the ORC to sign the back of the DMRs. - the sample type was not documented on several DMRs. - the "<" value was not properly transcribed onto the DMRs for the reported effluent analyses. - the effluent TRC values (on the DMRs) were not reported down to the correct detection level (corrected in the September 05 DMR). EFFLUENT SAMPLING SECTION cont'd: The composite sampling equipment (including the exposed extension cords) needs to be covered to prevent electrical hazards (during rainfall events) and to ensure proper operation at all times. The ORC must ensure the composite sampling start date and the start/end times are documented along with the• sampler temperature. Page # 2 Permit: NC0022497 Owner - Facility: Cross Country Campground Inspection Date: 11/16/2005 Inspection Type: Compliance Sampling Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? 00110 Is the facility as described in the permit? O. • 0 0 # Are there any special conditions for the permit? ❑ ❑ ■ ❑ Is access to the plant site restricted to the general public? ■ ❑ ❑ n Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: There is no flow equalization basin at this facility and an aerobic digester was not included in the permit description. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MASS, MCRT, Settleable Solids, pH, DO, Sludge 0 • ❑ ❑ Judge, and other that are applicable? Comment: The process control testing needs to be increased. In addition, the ORC must ensure all process control data is properly documented. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of.circular clarifier? ❑ ❑ ■ ❑ Are weirs level? ■ ❑ ❑ ❑ Is the site free of weir blockage? ■ ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑ is scum removal adequate? ❑ ■ ❑ ❑ Is the site free of excessive floating sludge? 0 ■ ❑ ❑ Is the drive unit operational? ❑ ❑ ■ ❑ Is the return rate acceptable (low turbulence)? ■ ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? • 0 0 0 Is the sludge blanket level acceptable? (Approximately'// of the sidewall depth) 11000 Comment: A layer of solids/scum was observed on top of the clarifier's surface. One of the blower/motor units was not operational; therefore, the facility did not have sufficient air to operate both the sludge return and clarifier skimmer. Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ ❑ ❑ ❑ Page # 3 Permit: NC0022497 Owner - Facility: Cross Country Campground Inspection Date: 11/16/2005 Inspection Type: Compliance Sampling Aeration Basins Yes No NA NE Are surface aerators and mixers operational? 0 0 • ❑ Are the diffusers operational? ■ ❑ ❑ ❑ Is the foam the proper color for the treatment process? ■ ❑ ❑ ❑ Does the foam cover less than 25% of the basin's surface? ■ ❑ ❑ ❑ Is the DO level acceptable? 000.1 Is the DO level acceptable?(1.0 to 3.0 mg/I) ❑ ❑ ❑ ■ Comment: One of the blower/motor units was not operational. Both blower/motor units are needed to properly operate the facility. In addition, the blower/motor units should be covered/sheltered to ensure adequate operation at all times. Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ ❑ ❑ Are the tablets the proper size and type? ■ ❑. ❑ ❑ Number of tubes in use? 2 Is the level of chlorine residual acceptable? 0 • ❑ ❑ Is the contact chamber free of growth, or sludge buildup? ■ ❑ 0 ❑ Is there chlorine residual prior to de -chlorination? ❑ 0 • 0 Comment: The effluent TRC was measured at approximately 5.0 mg/l. This level of TRC is excessive and the facility will be required to comply with a 28 ug/I TRC limit by 11 /1 /06. Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? ■ ❑ ❑ ❑ Are all other parameters(excluding field parameters) performed by a certified lab? ■ ❑ ❑ ❑ # is the facility using a contract lab? ■ ❑ ❑ ❑ Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? ❑ ❑ • ❑ Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? 0 0 ■ ❑ Incubator (BOO) set to 20.0 degrees Celsius +I- 1.0 degrees? 0 0 ■ ❑ Comment: On -site field analyses are performed under laboratory certification #5422. The powder pillows utilized for the TRC analyses had expired on 9/05. The ORC m_ usf ensure all calibrations (field analyses) are properly documented. Flow Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? ■ ❑ ❑ ❑ Is flow meter calibrated annually? ■ ❑ ❑ ❑ Page # 4 Permit: NC0022497 Owner - Facility: Cross Country Campground Inspection Date: 11/16/2005 Inspection Type: Compliance Sampling Flow Measurement - Effluent Yes No NA NE Is the flow meter operational? ■ ❑ ❑ ❑ (If units are separated) Does the chart recorder match the flow meter? ❑ ❑ • ❑ Comment: The chart recorder was not recording the flows at the correct time (approximately 7 hours off). B. W. Allen last calibrated the flow meter on 9121/05. The flow meter is calibrated on an annual basis. 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? • 0 ❑ ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? 0 0 0 • 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 a 5 MGD permitted flow) Do they operate 24f7 with a certified operator on each shift? 0 0 • 0 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? ■ ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ❑ ■ Comment: Sep "Summary" Section for additional comments. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ❑ ■ ❑ ❑ Is sample collected below all treatment units? ■ ❑ ❑ ❑ Is proper volume collected?' • 0 ❑ ❑ Page # 5 Permit: NC0022497 Owner - Facility: Cross Country Campground Inspection Date: 11/16/2005 Inspection Type: Compliance Sampling Effluent Sampling Is the tubing clean? Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type representative)? Comment: Time -based composite samples were being collected. The sampler tubing needed cleaning/replacement. The effluent fecal coliform and TRC samples were being collected from the composite sample. The Permit requires effluent grab TRC and fecal coliform samples. See "Summary" Section for additional comments. Upstream 1 Downstream Sampling Yes No NA NE ❑■❑❑ ■ ❑ ❑ ❑ ❑ ■ ❑ ❑ Yes No NA NE Is the facility sampling performed as required by the permit (frequency, sampling type, and sampling location)? ■ 0 ❑ ❑ Comment: Aerobic Digester Yes No NA NE Is the capacity adequate? ■ DOD Is the mixing adequate? ■ ❑ ❑ ❑ Is the site free of excessive foaming in the tank? ■ 0 0 0 # Is the odor acceptable? ■ ❑ ❑ ❑ # Is tankage available for properly waste sludge? ■ ❑ ❑ ❑ Comment: The blower/motor unit should be inspected and repaired (if needed) to ensure proper operation at all times. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ ❑ Comment: The effluent appeared clear with floatable solids and no foam. A 100 ug/l instream TRC concentration was measured approximately 20 - 30 feet downstream of the discharge outfall. Page # 6 -2005 FRI 03:13 PM WATER TECH LABS, INC. FROM : UWALLE NCO FAX NO, 8283965761 P. 02 FAX ND. I?043660091 Dec. 02 2005 02:52PM P1 r W. Allen Company . MANUPAOTURER8' REPAE5EKTATiVE Plea 7O4.35 -OO►31 • P.O. Box 220216 - 121 OPuWwc 1 Rom; - CHAN-owe. NCO" GA NA 2a222 December 2, 2005 Tony Ci'ragg Water Tech Labs c Granite Falls, NC RE: Steens=Flowmeter # 125796-88 Dear Sir, Per Barry Burchells' request regarding a description of the sampling switch on the Stevens Wastewater Flowmeter at Cross Country Campground, we installed a flow proportional sampling switch on this meter in 1999, Steve& part # 12627/24990. This is a mercury -operated switch that provides a Contact closure to turn on and off a sampler or pacer at regular flow intervals. This particular switch is set to close the circuit and allow the sampler to pull a sample every 100 gallons offlow. A lobed gear on the switch is turned by the totalizer disc on the meta. As flow rate increases the gear turns more quickly and the switch closes more frequently, providing a _Sampling rate proportional to flow. Any selector switches that allow the user to switch the sampler from flow proportional to time frequency , would be external to the Stevens meter. Cordially, B.W. Allen Company • ENGINEERED POUIPMINT & dONTAOL3 2-2005 FR 103 : 12 PM WATER TECH LABS, INC. FAX NO. 8283965761 WATER TECH LABS, INC, FACSIMILE TRANSMITTAL SHEET 70: s /S N'2L COMPANY: Cti FAX NUMBER: 7°Y 6C -(0a'-o PRONE NUMBER FROM; DATE: . 5V //--2.-0.� TOTAL NO. OF PAGES INCLUDING COVF,It SENDER'S RXPERENCE: NUMBER: RE; f Sa4e4:`› 7erzi y M9ER:-' ILQ- ❑ URGENT OR REVIEW ❑ PLEASE COMMENT 0 PLEASE. REPLY 0 PLEASE RECYCLE NOTES/COMMENTS: P.O. BOX 1056 GRA.NITE FAILS, NC 25630 TELEPHONE (S28) 396-4444 PAX (;25)396.5761 P. 01 Wray Frazier Cross Country Campground 6254 NC Hwy 150 E Denver, NC 28037 SUBJECT: Dear Mr, Fr North Cai December 15, 2005 Payment Acknowledgment Civil Penalty Assessment Cross Country Campground Permit Number: NC0022497 Case Number: LV-2005-0431 Catawba County Michael F, Easley, Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, RE. Director Division of Water Quality trkh, „ AND NATI '" " N T'NN.i.JRCES VOORENN " OF F1CF DEC This letter is to acknowledge receipt of check number 8390 in the amount of $335.04 received from you dated December 8, 2005. 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 Robert L Sledge at 919-733-5083 Ext.547. Sincerely, Frances Candelaria cc: Enforcement File #: EV-2005-0431 DWQ Mooresville Regional Office Supervisor Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 N.P hCarolina ,AaturaIly (POINT SO,,URCEZ4BRAIICH g ),•D'XVI- STON4 1:3Eof, . WATERekUALITC ' ' =. h , - , ----et•-,•-• -=, gi -.r. ---1-.._1_ 6171•DIAT-L-,SERVICE CENTER •;,=7 , :IRAT:ti Mil 'INTC. \.. 2 7, 69 9 41 617f:-,-; : - : ,• -4.4.-1/4.-.:,___ --i... , ..,,, — - vy..1s; . - ., ' •• , -... • SECURITY WARNING: THE FACE OF THIS DOCUMENT FEATURES A COLORED BACKGROUND AND MICROPRINT BORDERS • THE REVERSE SIDE FEATURES ARTIFICIAL WATERMARKS FIRST'CHARTER 00,00412: • - 13(37W531 0, • ,k *fvs THREE ". HUNDRED .11.14I13-,%YiPEIVE. 4t.10-Q04.00,trARS .1j• 4 " c!".:LaNtr,),"7',I'• 10 ; !"," :44°;•04441 0 • - 12/0. . n'00839011' 1:053L007371: 008 L2,0483115 AUTHORIZED SIGNATURE rtV AMOUNT. :3 AW NCDENR North Carolina Department of Environment and Division of Water Quality Michael F. Easley, Governor November 9, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Wray Frazier Cross Country Campground 6254 NC Highway 150 East Denver, NC 28037 Dear Mr. Frazier: Natural Resources William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director 7003 2260 0001 3492 7228 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0022497 Cross Country Campground Case No. LV-2005-0431 Catawba County, NC This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $335.04 ($250.00 civil penalty + $85.04 enforcement costs) against the Cross Country Campground. This assessment is based upon the following facts: A review has been conducted of the . discharge monitoring report (DMR) submitted by the Cross Country Campground for the month of July 2005. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0022497. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Cross Country Campground violated the terms, conditions or requirements of NPDES Permit No. NC0022497 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). 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, D. Rex Gleason, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the Cross Country Campground: Mooresville Regional Office 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 Phone: 704-663-1699 / Fax: 704-663.6040 ! Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper NorthCarolina Naturally vnkg $ 250.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0022497, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for Ammonia Nitrogen. $ 250.00 TOTAL CIVIL PENALTY $ 85.04 Enforcement costs. $ 335.04 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699.1617 OR 2. Submit a written request for remission 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 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 that no factual or Iegal 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: whether 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; whether the violator promptly abated continuing environmental damage resulting from the violation; whether the violation was inadvertent or a result of an accident; whether the violator had been assessed civil penalties for any previous violations; or whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. PIease note that all information presented in support of your request for remission must be submitted in writing. The Director 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 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 "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 Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed — provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, 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 (30) days of receipt of this Ietter, 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 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. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Surface Water Protection Section staff of the Mooresville Regional Office at 704/663-1699. (Date5 ATTACHMENTS ; D. Rex GIeson, P.E. Surface Water Protection Regional Supervisor Mooresville Regional Office Division of Water Quality cc: Surface Water Protection Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Limit Violations, July 2005 Parameter Ammonia Nitrogen Attachment A Cross Country Campground NPDES Permit No. NC0022497 Case Number LV-2005-0431 Month Average Limit Violations Reported Value 5.1 * * denotes assessment of civil penalty. Limit 3.0 Units mg/L _1 STATE OF NORTH CAROLINA COUNTY OF Catawba IN THE MATTER OF ASSESSMENT CIVIL PENALTIES AGAINST Cross Country Campground PERMIT NO. NC0022497 ) DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS LV-2005-0431 Having been assessed civil penalties totaling $335.04 for violation(s) as set forth in the assessment document of the Division of Water Quality dated November 9, 2005, 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 , 2005 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: Assessed Party: Permit No. (if applicable): County: Amount Assessed: LV-2005-0431 Cross Country Campground NC0022497 Catawba $335.04 Please use this form when requesting remission of this civil penalty. You must also complete the " 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 maybe 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 civilpenalty 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: Effluent NPDES Permit No.: NC0022497 Discharge No.: 1 Facility Name: Cross Country Camp Operator in Responsible Charge: Byron Buvell Certified Laboratory (1): Water Tech Labs (2) Change in ORC: No Person Collecting Samples: Mail Original and One Copy to: Attn: Central Files Div. Of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Month: Class: II Grade: WW2 JULY Year: County: Phone: Byron Burchell X Lt 41/ / r' , j=`/ (Signat re Operator in Responsible Charge) By this sig ature, I certify that this report is accurate and complete to the best of my knowledge 1 Catawba 704-813-6881 2005 50050 00010 00400 50060 00310 00610 00530 31616 00300 00600 00665 00556 00545 Operator Arrival 2400 Clock Operator Time On Site ORC On Site Flow -Effluent Daily Rate Temperature Residual Chlorine U 0 O m Ammonia Nitrogen Total Suspended Residue Fecal Coliform c .0 c a.a t'Z Total Phosphorus rtmm O7 m y � � FIRS FIRS YIN MGD C S.U. MG/L MG/L MG/L MG/L /100ML MGIL MG/L MGIL MG/L ML/L _, .1. 1000' ;0 5_ - y I "0.0110 • 24.0 . - _ - _ , . . - - a, 2 N 0.0110 3 _-'-., N 0.0110 r., '.. .._ ,... 4 N 0.0110 „. 5,._ .70930 't0,5'.,,' rLY, ' ,0:0110 23:0 i .. , <.01 _,y _. 6 1130 0.5 Y 0.0060 24.0 7.0 <,01 15.5 8.0 25.0 112 6.1 7I.', L •�^ >0930. ,0:5:; _,.Y. 0.0960 ��24.0 � a =:, � ,. .f ., 8 0930 0.5 y 0,0960 24.0 10 N 0.0050 �J .JJ d lM -.11 .i0830 .0.5 Y 0.0050 r 240',' . 3;01 - ,..,Y r , , . ;. _' . 12 1i00 0.5 Y 0.0026 24.0 '.`13 -, -1.115: '0:5^_* , .. -.1. = 0.0026 . 24,0 ' .:.7.2: <-01 ' ---26.0'! --49,1;_, -29.0 ;103- : 6.4:7 :; " . - ' ._ : __ • - '- t 14 1130 0.5 Y 0.0038 25.0 i,i 15 .1200, 0 5;1 i .0.0038' 26 0 � ., -. P . . _ ,Y, , .a . L ° > :h « n rML!�, N fw .. . x 16 N 0.0038 -, 17, , ; N1,,. 0:0038: ._. �3, > 3- 'r . 1'„3 :;1 ,. rr:df.=.`4',`• ,. 18 1200 0.5 Y 0.0038 27.0 <•01 - 19.. '1206.: 10'.5 . 1 . •0.0038 ,27:0 ' . . - , •. 20 1200 0.5 Y 0.0038 28.0 7.0 <.01 18.0 8.4 25.0 125 6.1 1-21-` .1136' •0.5= ` 0.0039 `28:0- - - ' i, - r . - ..• -. -, • - __ -, 22 0900 0.5 y 0.0039 27.0 24 N 0.0060 25. ' [030 05�� Y=. -0.0060 27,0 . ,, ,. <.01 . p_ ;4` ^5 . •"f -_d: 26 1000 0.5 Y 0.0070 26.0 <.5 1100 :^ 0:5 . Y- , '0:0079 -;27:0.. s ' 28 1100 0.5 Y 0.0070 27.0 7.2 <.01 18.0 <.5 27.0 75 6.2 29,.. _1110- `'0,5-. 'Y'; T. '13.060. .'27.0 - :- ..:-'-,-,1.'' : 'r'•. ,, _ - - -= .: . 30 N 0,0070 ,31 -:: .... ... .. 1N 0,0070 :• _ -,'-'1.-; - M , )T 's ...' ' . C: : AVERAGE 0.0345 0 19.4 (5.1 26.5 102 6.2 MAXIMUM 0:0960 2801? ,.7.2i "<01 ':_;260a: 9:1' •'29:0 •,125- , 6.4.,4':., _ :.:_ ? .I MINIMUM 0.0026 23.0 7.0 <.01 15.5 8.0 25.0 75 6.1 Comp. (C)/Grab (G) G G G C C C G G Monthly limit 0.0650 NL 0.7 NL 30.0 3.0 30.0 200 Daily Maximum 45.0 45.0 400 >8 Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements All ❑ onitoring data and sampling frequencies do NOT meet permit requirements Complia �t IvI Noncompliant Ifthe facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and a time -table for improvements to be made. "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." Permitte lease print or type) - &kfC.5 &//kt/i/-19,31)V Signa e o Permittee** 'Date (Required) Permittee Addr s ii/goites— Phope Number Permit Exp. Date 00010 Temperature 00076 Turbidity 00080 Color (Pt -Co) 00082 Color (ADMI)- 00095 Conductivity 00300 Dissolved Oxygen 00310 BUDS 00665 00340 COD 00720 00400 pH 00745 00530 Total Suspended 00927 Residue 00929 00545 Settleable Matter 00940 PARAMETER CODES 00556 Oil & Grease . 00951 00600 Total Nitrogen 01002 00610 Ammonia Nitrogen 00625 Total Kjeldhal 01027 Nitrogen 00630 Nitrates/Nitrites 01032 01034 Total Phosphorous Cyanide • 01037 Total Sulfide 01042 Total Magnesium 01045 Total Sodium 01051 Total Chloride: 01062 Total Fluoride Total Arsenic • Cadmium Hexavalent Chromium Chromium Total Cobalt Copper Iron Lead Molybdenum `01067 Nickel 01077 Silver 01092 Zinc .01105 Aluminum 01147 Total Selenium 31616 Fecal Coliforrn. 32730 Total Phenolics 34235 Benzene 34481 Toluene 38260 MBAS 39516 PCBs 50050. Flow 50060 Total Residual Chlorine 71880 Formaldehyde 71900 Mercury 81551 Xylene Parameter Code assistance may obtained by calling the Point Source Compliance/Enforcement Unit at (919) 733-5083 or by visiting the Water Quality Section's web site' at h2o.enr.state.nc.us/wqs and linking to the Unit's information pages. Use only units designated.in the reporting facility's permit for reporting data. * ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. ** If signed by other than the perniiuee, delegation of signatory authority must on file with th?s''Tate'tSc l5A I CAG 213 .0506 (h) (2) (D)• be�:..: : h SO SIe3S Permit NC0022497 A. (1.) EFFLUENT LIMITS AND MONITORING REQUIREMENTS — FINAL 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 permitteeas specified below: Evriiit �T�, , x2 y /, �HAI:IACTEi�ISTIC& 7-r d� h*1�� "e"k.�x>a�� �^k .! (9:$0 ter :" ".} .ppy h 4 �-_' .r "{ %' °4 fn'-' 4[ 5`>1 4. 7 ,.1'� � � ... � . v � -_..: SS� �"+'f k., i- , L1M TS ; „i i , r � �f'Yit 'Sz fez_ 4 .� �1 , rrM�NITf�RING REq�JIRENJE"K j, � . �i,. �' S 4, , 1 '''''1,:!; ''"� .'.r 3F � ' r �,_.3'd l , ; } M0 tF iy k ^-0'33 e;c `s 1 ,r Average ..t n f g? lily » ,, a 3 _ x.... �laxtmum °,11easurement ,t FYf F en s .�reguency �� Sample iype 5 �{ - r iF�37'- � �::..__ ,���t � ,.., � S 'r' r{t" 7 1 i.x ��` Sampl6 o4troni a ,, ay, nz� 5 F x t2 A 3-' F' �v r. ��_�, �� �, � �� _. t..,, 4. =.'_. �.... ..�. Flow (50050) 0.065 MGD Continuous Recording Influent or Effluent BOD, 5-day (202C) (00310) 30.0 mg/L 45.0 mglL, Weekly Composite Effluent Total Suspended Solids (00530) 30.0 mglL 45.0 mglL ' Weekly Composite Effluent NH3 as N (00610) (April 1 — October 31) 3.0 mg/L 15.0 mglL Weekly Composite Effluent NH3 as N (00610) (November 1 — March 31) 9.0 mg/L 35.0 mg1L Weekly Composite Effluent Dissolved Oxygen (00300) Weekly Grab Effluent, Upstream & Downstream Fecal Coliform (31616) (geometric mean) 2001100 ml 4001100 ml Weekly Grab Effluent Total Residual Chlorine2 (50060) 28pgIL 2/Week Grab Effluent Temperature (2C) (00010) Daily Grab Effluent Temperature (2C) (00010) Weekly Grab Upstream & Downstream Total Nitrogen (00600) (NO2+NO3+TKN) Quarterly Composite Effluent Total Phosphorus (00665) Quarterly Composite Effluent pH3 (00400) Weekly Grab Effluent Footnotes: 1. Upstream: at least 100 feet upstream from the outfall. Downstream: at least 300 feet downstream from the outfall. 2. Total Residual Chlorine limit takes effect November 1, 2006. Until the limit becomes effective, the permittee shall monitor Total Residual Chlorine (with no effluent limit). 3. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. Wray Frazier Cross Country Campground 6254 NC Hwy 150 E Denver, NC 28037 SUBJECT: Dear Mr. Frazier: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality November 21, 2005 Payment. Acknowledgment Civil Penalty Assessment Cross Country Campground Permit Number: NC0022497 Case Number: LV-2005-0391 Catawba County 34� ;O .URCES AL OFFItt NOV 2 8 200' This letter is to acknowledge receipt of check number 8213 in the amount of 5335.04 received from you dated November 14, 2005. 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. Robert L Sledge at 919-733-5083 Ext.547. Sincerely, Frances Candelaria cc: Enforcement File #: LV-2005-0391 DWQ Mooresville Regional Office Supervisor Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 BOO 623-7748 NorthCarolina Naturally , 4 - • :sCROSS_,COUNTRY-tgNIPOROUNti, " .6254, HWY„;.1 pg,E . ..• r "w, • " c7,0 7704-483-5851°''. , 01J RSTCHTER .6643/531 100."-DOIAJAR'S ailitATY41,1VE ,c-i4:-;THREE HUNDRED • Ay • D THE F A NCDEIgq,,16,P., 0I1\17zr8,,w0UAKE " B1617, AILJSERVICECENTER 5:TALIIAT-i: 9 n500132130 COS 3100 3 ?I: 00120.6048310 - 11/14 ,p5 -". CV, 000.0.0)_65, DATE - AMOUNT "' 9-Qtb g- *-Afc _ AUTI-k•RIZED SIGNATURE 7p0 4'3 r' ATA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor 'October 10, 2005 William G. Ross, Jr., Secretary Alan W.. Klimek, P.E., Director CERTIFIED MAIL 7003 2260 0001 3492 7006 RETURN RECEIPT -REQUESTED Mr.''Wray :Frazier 'CrosstCountry.Campground 6254 NC Highway 150 East Denver, NC 28037 SUBJECT Dear Mr. Frazier: .1 Notice of Violation and Assessment ofCivil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0022497 Cross,Country-Campground 'Case No..LV 2005-0391 Catawba County, NC "This letter transmits :a Notice of Violation -and assessment of civil penalty hi the amount .of $335E04,($250:00 civil penalty+:$85:04.enforcement costs) against the Cross Country Campground. This. assessment is based upon the following facts: A review has been conducted ofthe discharge monitoring report (DM submitted .by the Cross Country;Campground for, the month ofJune2005. This review has, shown the subject facility -to :be in violation of the,discharge liniitations:found 'in NPDES Permit No. NC0022497. The 'violations.are summarized in Attachment Ato this letter. Based upon the above facts, Ii conclude as: amatter of law that theCross (Country. . Campground vio1ated the terms, conditions.orTequirementsofNPDES PermitNo. NC0022497 and North.Carolina•General `Statute (G:S.) 143-215.1(a)(6) in.the'manner.and extent shown in Attachment A. A.chill penalty.may be.assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). 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, D., Rex Gleason, Surface Water Protection Regional'Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the •Cross Country Campground: Mooresville Regional Office 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 - Phone: 704-663-16991 Fax: 704-663-6040 I Internet: h2o.enr state.nc.us An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper N�°irthCarolina /Vaturaffij $ 250.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0022497, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for Ammonia Nitrogen. $ 250.00 TOTAL CIVIL PENALTY $ 85.04 Enforcement costs. -$ 335.04 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) (2) (3) (4) •(5) (6) (7) (8) The degree and extent of harm to the natural resources of the State, to the public health, or to- private property resulting from the violations; The duration and gravity of the violations; The effect on ground or surface water quantity or quality or on air quality; The cost of rectifying the damage; The amount ofmoney by noncompliance; Whether the violations were committed willfully or intentionally; The prior record of the violator in complying or failing to comply with programs over which the Environmental. Management Commission has regulatory authority; and The cost -to the State of the enforcement procedures. 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 Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission 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 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 that -no factual or legal issues area 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 G.S. 143B- 282.1(b) were 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 information presented in support of your request for remission must be submitted in writing. The Director 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 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 "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 Branch Division of Water Quality 1617 Mai1'Service Center Raleigh, North Carolina 27699-1617 OR 3. File.a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contestany 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 ofAdminishative 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed — provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, 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 (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 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. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Surface Water Protection Section staff of the Mooresville Regional Office at 704/663-1699. (Date) ATTACHMENTS D. Rex G1 ason, P.E. Surface Water Protection Regional Supervisor Mooresville Regional Office Division of Water .Quality cc: Surface Water Protection Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Limit Violations, June 2005 Parameter Ammonia Nitrogen Attachment A Cross Country Campground NPDES Permit No. NCO022497 Case Number LV-2005-0391 Month Average Limit Violations Reported Value 6.9 * * denotes assessment of civil penalty. Limit 3.0 Units ing/L STATE OF NORTH CAROLINA COUNTY OF Catawba IN THE MAI-1'ER OF ASSESSMENT CIVIL PENALTIES AGAINST Cross Country Campground PERMIT NO. NC0022497 ) ) ) ) ) DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING • AND STIPULATION OF FACTS ) FILE NO. LV-2005-0391 Having been assessed civil penalties totaling S335.0.4 for violation(s) asset forth in the assessment document of the Division of Water Quality dated=October 10, 2005, 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 aremission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2005 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: Assessed Party: Permit No. (if applicable): County: Amount Assessed: LV-2005-0391 Cross Country Campground NC0022497 Catawba S335.04 Please use this form when requesting remission of this civil penalty. You must also complete the " WaiverofRight to.an Administrative Hearing and Stipulation of Facts" form to request remission of this eivilpenalty. You should attachany documents that you believe support your request and are necessaryfor the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration ofthe 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 ormore ofthe civil penalty assessment factors in N.C.G.S. 143B-282.1(b1 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: Attn: Central. Files . Div. Of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Effluent NPDES Permit No.:. NC0022497 Dischar a No 1 th: June Year: 2005 Facility Name: CROSS COUNTRY lass: 2 County: Catawaba Operator in Responsible Charge: BYRON BU CHELL Grade WW2 Phone: 704-813-6881 Certified Laboratory (1): WATER TECH S (2) Change in ORC: 'No Person Collecting Samples: BYRON BURCHELL Mail Original and One Copy to: X /rrj / ' (Signature Operator in Responsible Charge) By this signature, 1 certify that this report is accurate and complete to the best of my knowledge '50050 00010 00400 50060 00310 00610 00530 31616 '00300 00600' 00665 00556 00545 0 0 io m E .d t° G = o a U Fecal Coliforrri a m c.;, ,p 'CD HRS HR YIN MGD S.U. UGFL MG/L MG/L MG/L /100ML MG/L MG/L MG/L MG/L ML/L 0.0070 2 1215 0.5 20.0 72 <.01 27.5 3.8 26.0 45 6.6 3. .0.5 4 6 1140 0.5 Y 0.0062 21.0 <.01 :7 8 10 1145 11D0 • 0.5 0.5 Y Y '23.0 ,23.0 23.0 Sr, X URCE 12 <13. .1:100:: O:UD5Z • x[lE. 14 1100 0.5 25.0 0. 16 1030 0.5 25.0 7.4 <.01 15.5 B.4 19.5 <1 62 18 1 N .t 20 ^1100 0.5 Y 0.0050 25.0 <01 aMi f. 22 1030 '0 24.0 7.4 •<.01 26.5 8.4 5.7 76 6.4 vL �. 24 1100 0.5 Y 24.0 26 0:5 28 1100 0.5 Y 24.0 30 1100 0.5 24.0 3' AVERAGE MAXIMUM 0.0058 0OD70 23.4 MilDIV/DI 19.3 L6.9: z75 84>• 19.6 2 6.4 15.6 6.1 MINIMUM 0.0050 20.0 7.1 0 3.8 3.8 5.7 0 6.2 15.6 6.1 0_D Comp. (G)/Grab (G) • Monthly limit 0.0650 30.0 3.0 30.0 200 >6 0.0 Daily Maximum 45.0 45.0 400 0.0 Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements All monitoring data and sampling frequencies do NOT meet permit requirements f • Compliant Noncompliant 'lithe facility is noncompliant, please comment on corrective actions being taken in respect to equipment. operation, maintenance, etc., and a time -table for improvements to be made. "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 lines and imprisonment for knowing violations." /9o4 , /:2 deSS 4/iM-/.m,,file PermitttePlease print or type) (Required) /t? �r4r; /e 97 Permittee Addriss Signa re ot`Per>'nittee** Date .2 -11g3 J* Phone Number 7A5-//c-r" Vheyes— Permit Exp. Date 00010 Temperature 00076 Turbidity 00080 Color (Pt -Co) 00082 Color (ADMI) 00556 00600 00610 00625 00095 Conductivity 00630 00300 Dissolved Oxygen 00310 BOD5 00665 00340 'COD 00720 00400 pH 00745 00530 Total Suspended 00927 Residue 00929 00545 Settleable Matter 00940 PARAMETER CODES 00951 01002 01032 01034 Total Phosphorous Cyanide 0I037 Total Sulfide 01042 Total Magnesium 01045 Total Sodium 01051 Total Chloride 010{2 Oil & Grease Total Nitrogen Ammonia Nitrogen Total Kjeldhal 01027 Nitrogen Nitrates/Nitrites Total Fluoride Total Arsenic Cadmium Hexavalent Chromium Chromium Total Cobalt Copper Iron Lead Molybdenum 01067 Nickel 01077 Silver 01092 Zinc 01105 AIuminum 01147 Total Selenium 316I6 Fecal Coliform 32730 Total Phenolics 34235 Benzene 34481 Toluene 38260 MBAS 39516 PCBs 50050 Flow 50060 Total Residual Chlorine 71880 Formaldehyde 71900 Mercury 81551 Xylene Parameter Code assistance may obtained by calling the Point Source Compliance/Enforcement Unit at (919) 733-5083 or by visiting the Water Quality Section's web site at h2a.enr.state.nc.us/wqs and linking to the Unit's information pages. Use only units designated in the reporting facility's permit for reporting data. * ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. - • "* If signed by other than the permittce. delegation of signatory authority must he on file with the state per l5A NCAC 28 .0506 (h) (2) (D). Permit NC0022497 A. 11.) EFFLUENT LIMITS AND MONITORING REQUIREMENTS — FINAL 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: HARACTERlST O ;�parame Flow (50050) BOD, 5-day (202C) (00310) Total Suspended Solids (00530) NH3 as N (00610) (April 1— October 31) NH3 as N (00610) (November 1 - March 31) Dissolved Oxygen (00300) Fecal Calitorm (31616) (geometric mean) Total Residual Chlorine2 (50060) Temperature,(2C) (00010) Temperature:(2C) (00010) Total Nitrogen (00600) (NO2+NO3+TKN) Total:Phosphorus (00665) .pH3 (00400) ro 74r7reg, �r � ';�Avetagej� , axlnf •,_ 0.065 MGD 30.0 mg/L 30.0 mg/L 3.0 mg/L 9.0 mg/L 2001100 ml 45.0 mg/L -45.0 rng1L ' 15.0 mg/L 35.0 mg/L 400/100 ml 28 pg1L leasUre nerlt` T. uitaKi. Continuous _Weekly Weekly ' Weekly Weekly .Weakly Weekly 2/Week Daily Weekly Quarterly Quarterly Weekly I4l;1'ORING REQUIR.MENTS�I SI ;Tyf�e` rnpleL " t Recording ,Composite Composite Composite Composite Grab Grab Grab Grab Grab Composite Composite .Grab Influent or, -Effluent Effluent Effluent Effluent Effluent Effluent, Upstream & Downstream • Effluent Effluent Effluent Upstream & Downstream , Effluent Effluent Effluent Footnotes; 1 _ Upstream: -at least 100 feet upstream from the outfall. Downstream: at least.300 feet downstream from the • outfall. 2. Total Residual Chlorine limit takes effect November 1,.2006. Until the limit becomes effective, the permittee shall monitor Total Residual Chlorine (with no effluent limit). 3. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. ATAII NCDENR North Carolina Department of Environment and Natural Resources Division ofWater•Quaiity Michael F. Easley, Governor ,William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director July 21, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7003 2260 0001 3552 3665 Mr. Wray Frazier Cross CountryCampground *6254 NC Highway .150.East Denver, NC28037 SUBJECT: Notice. of Violation and Assessment of Civil Penalty for Violations of N:C. tGeneral Statute 143-215.1(a)(6) :and NPDES Perniit No. NC0022497 Cross Country Campground °Case No. LV 2005-0245 Catawba County, NC Dear Mr. Frazier: This lettertransm ts:allotice,of Violation:and.assessment•of civil penalty In the amount of .$335.04;($250:00 civiipenaliy+ $85 04:enforcement:costs) against the Cross Country Campground. This assessment is based upon the following facts: A review has-been conducted °ofthe .discharge monitoring xeport (DMR) submitted :by:theCross'CountryCampground.for themonth ofApril2005 T.hisrev ewlas shownthe subject facility to be in violation of the discharge .limitations found inNPDES Permit No. NC002249.1 -The-violations-are summarized in Attachment A to Ibis letter. Based -upon the above facts, I: conclude as a matterof law.that-the,Cross`Country Campground violated the terms, 'conditions or requirements of NPDES Permit No. NC0022497 andNorth;Carolina'General Statute,(G.S.)143 215.1(a)(6) in-themannerand.extent shown in .Attachment A . civil penalty maybe assessed -in accordance withthernakimums established by -G.S. 143215.6A(a)(2). Based :UOfl the above fndmEs offact:and: conclusions .oflaw, -and _in -accordance with authority provided by_ theSecretaryofthe Department, of Environment and Natural Resources and. the Director :ofthe: Division of Water Quality, I, D. Rex Gleason, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the Cross Country'Campground: Mooresville Regional Office 610 East Center Avenue, Suite 301,'Mooresville, North Carolina 28115 Phone: 704-663-1699'/ Fax: 704-663-60401 Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper NorthCaro1ina Naturally 250.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0022497, by -discharging waste into the waters of the State in violation of the permit monthly average effluent limit for Ammonia Nitrogen. $ 250.00 TOTAL CIVIL PENALTY $ 85.04 Enforcement costs. 335.04 TOTAL AMOUNT DUE Pursuant 143-215.6A(c), deternining the amount of the penalty nave taken into :account the Findings of Fact and Conclusions of Law.Emd the factors set forth at G.S. 14313- 282.1(b), which are: (8) The -degree and extent of harm to the natural resources of the State, to the public health,-orto private property resulting from the violations; The duration and'gravity-ofthe violations; The effect on ground or surface water quantity or quality or on air quality; The cost ofrectifyingthe dm/laze; Theammmtofmoney saved by noncompliance; Whether iheliolations were committed wMfillly.or intentionally; The prior record=ofthe violator in complying -or -failing to comply with programs over whicli the Environmental Management .CommisSion has regulatory authority; and The cost -to theState oftheenforcement procedures. Within thirty days ofreedipt,of this notice, you must do one of the -following: 1. Submit paymentof the penalty.: Payment -should be made directly to the order,of the Department of Environment and Natural Resources (do not include waiver fonn). 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 OR 2. Submit a written request for remission 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 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 contanaed in the:civil penalty assessment document. Because a remission request forecloses the option, of an administrative hearing, sucha request must be .accompanied by:a waiver ofyour right to .an administrative hearing and a stipulation that no factualorlegalissues are in dispute. Please prepare a detailed :statementtbat establishes why you believe The civil penalty should be remitted, and submit.itto the Division:of Water Quality at the. address listed below. in determining whether.a reaiission=request will be approved, the following factors :shall be- considered: .(1) whether one or more of the civil penalty assessment factors in Q.S. 143B- 282.1(b) were wrongfully applied to the detriment of the petitioner; •(2) whether the violator._promptlyabated continuing 'environmental damage resulting fromthe 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) Avhether payment ofthe Civil penalty will:prevent payment for the remaining -necessary remedial actions. Please note that all information.presented in support of yourrequest for remission :must `be submitted in writing. 'The .Director :of the Division of Water Quality will reviewyour evidence and informyou ofliis decision inthe.matter.ofyour remission request. The response will provide dethils regarding case status, :directions for payment, and provision for further appeal=ofthe penaltyto the Environmental Management Commission's Committee .on'Civil'Penalty Remissions (Committee). Please be advised that the ;Conmaitteezcannot consider information Tat -was notpart•ofthe -original remission request considered by the Director. 'Therefore, it is very portant'that you prepares complete and thorough statement in support .ofyour.request for remission. In order to request remission, you must- complete: and submit the enclosed "Waiver of Right to an Administrative ieaiing 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 Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 3. File a petition loran administrative bearing with the Office of Administrative Hearings: Ifyou wish to contest -any statement in the attached•assessrneadocument you must file a petition for an administrative bearing. You may obtain the petition formfrom the Office ofAdniinistrative Hearings. You must file the petition with the Office of Administrative Bearings within thirty (30) days.of receipt -of this notice. A petition isconsider ecl ;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 original and one (1) copy of ,the petition must be filed with the Office of Administrative Hearings. The petition may be faxed — provided the original and one copy of thellocument is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The -mailing address for the Office ofAdministrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina .27699-6714 Telephone:.(919) 733-2698 Facsimile: (919) 733-3478 A copy of -the petition must also be served on DENR as follows: Mr. Dan Oakley, ,General Counsel Department of Environment and Natural Resources 1601 Mail ServiceCenter Raleigh, North -Carolina 27699-1601 Please indicate the case number (as found on page one ofthis 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 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. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Surface Water Protection Section staff of the Mooresville Regional Office at 704/663-1699. ate) ATTACHMENTS D. Rex C4Yeason, P.E. Surface Water Protection Regional Supervisor Mooresville Regional Office Division of Water Quality cc: Surface Water Protection1 egional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Limit Violations, April 2005 Parameter Ammonia Nitrogen Attachment A Cross Country Campground NPDES Permit No. NC0022497 Case Number LV-2005-0245 Month Average Limit Violations Reported Value Limit Units 7.3 * 3.0 mgfL * denotes assessment of civil penalty. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Catawba IN THE MATTER OF ASSESSMENT CIVIL PENALTIES AGAINST Cross Country Campground PERMIT NO. NC0022497 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2005-0245 Having been assessed civil penalties tot'ling S335.04 for violation(s) as set forth in the assessment document of the Division of Water Quality dated July 21, 2005, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right toan 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 ofthis 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 , 2005 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: Assessed Party: Permit No. (if applicable): County: Amount Assessed: LV 2005-0245 Cross Country Campground NC0022497 Catawba S335.04 Please use this form when requesting remission of this civil penalty. You must also complete the Waiver of Right to an Administrative Hearing and Stipulation of pacts" 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 considerationof the five factors listed below as they may relate to the 'reasonableness ofthe amount of the civil penalty assessed. Requesting remission is -not the proper procedure for contesting whether the violation(s) occurred .or the accuracy of anyof the factual statements contained inthe civil penalty assessment document. Pursuant to 1V.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 listedin the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resziltinn 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 (L e., explain why the violation -vas unavoidable or something you could not prevent or preparefor); (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: Effluent NPDES Permit No.: NCOD22497 Discharge No:: 1 Facility Name: Cross Country Camp Operator in Responsible Char'pe: Byron Burc ell Certified Laboratory (1): Water Tech Lab (2) Change in ORC: 'No Person CollectingSamples: Mail Original and One.Copy to: X Attn:•Central Files Div. Of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Month: Class: 11 Grade .WW2 'Byron. Burchell ,Zrael(At (3ignatuOper for in Responsible Charge) By this signature, I certify that this report is accurate and complete to thebest of my .knowledge APRIL Year: 20D5 County: Catawba Phone:r04- 1 �-6 • JUpN HRS HRS 'HRS 0 0 :0 - YIN 50050' MGD :1 : 1D0D9 .0:5' .....y A:0200. 2 3.. 4 1015 0.5 N 0.0200 • D.13200, 0.0200 .- ..:' Y -. ''c 13.'035D' 6 1015 0.5 Y 0.0350 13112713 '8 1130 ' 05 .y o.D270 ID 12 070D N 0.0330 0:0330. 'D5 Y 0.3000 14 1230 ' 0.5 "Y Y 0.0300 :155 _ 10151 16 N 0.02413 =.17..., . ......, . 1J 13:125D 18 11345 • -0.5 20 1100. ;0.5 . Y D.0310 7 -.. li 531:6 -.. "Y 0.0250 72 ' 1000 . ;.D5 24 'N 26 1000 D.5 Y 13:031D 00010. .m op 16:D- 16.0 "y5>?:' 16.0 17.0' 16A 14.0 i<>'i4D 14.0 =15:U'' 00400 S.U. .72 • 1 MG1L -4.01 <.01 <.01 00310 'MGFL �•2 00610 00530 '31616' E C d 2 .d ' m b a . 'U :re To +ltl .G MGIL 'MGFL 1100ML 2r� 5'ij , .. • 15.0 7.8 26.0 113 00300i1p063; ;fie E1 b c •C Co + 'MGIL MGA. 6.3 -'.fl, .0 co0 •al O t7 MGR MGIL a 0• m ML Itcso 0.0280 0.0045 0.0220 28 11130 0.5 Y 0.0230 :0 U28D 16.0 15.0 . 15A: 16.0 15.0 7.0 <.01 12.0 8.9 13.5 6.6 3D N 0.0290 AVERAGE MAXIMUM 0.0345 A:3000 MINIMUM 0.0045 Comp. (C)fGrab (G) Monthly limit Daily Maximum 0.0650 14.0 NL NMI 6.9 0.7 0 :01, <.D1 17.8 7.3 210 22 12.0 5.3 13.5 G C C NL 30.0 9.0 45.0 C 30.0 45.0 <1 G 200 4D0 I 6.4 5.6:LD:O AA 6.3 0.0 0A Faci Status: (Pleas.- check one pi the 1-, rttowIr ) All monitoring data and sampling: tictiui:m:1 s meet pet Inn telitl relnellIN Compliant All monitoring data and MI1111)11141 1reiluencies tln N( )T meet permit requirements . Nor compliant If the facility is noncompliant. please comment on corrective actions being taken in respect hi equipment. operation. maintenance. etc., and a tinge -table for improvements to he made. C� .Tf^c/ .(. CI J `1 J�i ea %f J /�� r r Signa rt6-e of Permillee'` Date (Required) Permiitee Addr certify,.under•penalty of law, thaLTthis document and all attachnicnts were prepared under my direction or supervision in accordance with a system, designed tu.assure that.qualified personnel prcperly.gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage die system. or those persons directly respculsihlc 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 tines and imprisonment for knowing •violations." Permitic Please print ar type) PhoneNumber Permit Exp. Date 00010 :Temperature. 00076 Turbidity '00080 'Color (Pt -Co) 00082 Color (ADMI) 00556 00600 (i0610 00625 00095 Conductivity 00630 00300 Dissoived'Oxygen_ 4)0310 .BOD5 00665 - 00340 COD (X1720 00400 pH (X)745 00530 Total Suspended 00927 Residue (X)929 - 00545 Seal; able -Matter 0(1940 ',Oil&Grease Total Nitrogen Ammonia'Nitrogen Total Kjcidhal Nitrogen 'Nitrates/Nitrites Texan .Phosphorous .Cyanide Total Sulfide Total 'Magnesium Total Sodium Total Chloride PARAMETER CODES -00951 Total-Finoride 01002 Total Arsenic (1102.7 -Cadmium (11032 He xaval('Jli Chromium 01034 Chromium 01037 Total Cobalt 01042 Copper 01045 Iron 0105 1 Lead 01062 Molybdenum 01067 'Nickel 01077 Silver 01092 Zinc (11105 Aluminum 50060 Total Residual Chlorine (11147 Total Selenium-- 71'880 31616 Fecal•:Coiiform 71900 3273() Total Phenolics 81551 34235 Benzene 34481 Toluene 38260 MBAS 39516 PCBs 5(X).0 Flow Parameter Code assistance may obtained by calling the Point Source Compliance/Enforcement Unit at (919) 7„_5083 the Water Quality Section's web site a; h2o.enr.s_ate.tic.usIwus and linking to the Uriit's information pages. Use only units desittnated in the. reporting l;icilitv's permit for reporting ORC must visit facility and document visitation of facility as reuuiied per Ija NCAC RC; .02(14. (2) (D), If signd by other than the ie;tltJ z, tJ; lu aleriuC.ic;:lcr} :is:c; Slln itvial; Per 35:NCaC2f.0506 (h} 1:: Formaldehyde :Mercury Xylene or by visiting I — II sar o rzz uros. 0jgrstt10 spr os og10 aareuasrp ou aq pets mats n piepue}s 0-6 uEr}}ra}eaif _mu sluitt prepuuls 079-u q} ssataq-}ou Rugs- ttx £ }s-ea[ }e = uzea-usuenoQ •[Tenno au} u cuj ureaszsdn �aa 'Ile mo at[�_ 100 L }sea[ urear;sdr[ :Sa}oL~I� �op�oo gene aU,sodwo0 I rtuauen0 atlsodwo0 rlpauenr gale kra gene I NeeM2 gage Apieem nano �t1�aaM atIsodwo0 ADreaM alisodwo0 aalsadwo0 ejisodwa0 6upoogj addl aIdwes AweM snanuqua0 auania�i watuamstraw ONiEQ11NaW aoI/oop iwoow/ooa- 7/Sw 0'gb 1/5w 0'ga wnwvem �I!@Q 1I5w 0'6 -Ow cm 716w 0'OE. 1I$UL o'o£: QOW o990'0 zHd snaoydsoyd pot (NNL+CON+ON) - UadoulN.lelel (05),ammedwal (Oa) aan;eJedwa1 81.410p1-10 jenprsau fe}o1 (ueaw.aiatawoab Iw0P1o0 feaad uaaho panIossiQ lE qj,— . aagwenaN N sR cHN GEaagoia0— IIIV N-se EHN anpisaH papUadsns gel (Osoz) hp-9 'Q0� MOH S0115IaH10VEIVHO 1N3n-fddH put pa�luil[ aq [rails saregasl an :Mo[aq par}loads UY L [!}un Sul}sz: ue p q s 'roo i[en}no uxoij a'.segaslp o} pazuoq nt: I p ltuuad slq}.Jo a}ep ant}oo_ua aq} uo Jutuul aq pound 16aa ORtrackumarAr auv shrorsxrunIIz.ruan'x33a (-r) •x • x + s-- ". ` •.'ram Pep :omments urdr atr 12eIate dViol atlort i ertar r, � es�err a Number: 20c 5 0245 i NOV: .,..4.. Permit; 1 22 . G twits .. SOC _.._.....,,. AD: IL___ :,,.r Monitoring Report ift4 2005 Facility: und' ..Toss ContCantpgrou oil Region: o L? orssvrlte County: Catawba Cont Cam ground tvtalt ta[n Incident.L �� t r Inspect Dt; Owner: Cross u CentralOrfuce Login Date: O7t2005 CentralOffice Contact: Slsdge, RobertL. Regional Contact: rBrIdgei n Richerd Enforcement Contact: frayt"razier Penalty Assessed Date: '7J21A200 Letter Date: C1701f200 Penalty Amount:250.ii0 Damages: Li Enforcement Cost: 05,fl4 Total Case Penalty:25.Ct4 Facility Resolved F&D {p7l"2"2120Q Response Due By, >?2912005 Comments: Remission Request: Remission Acknowledged: Enf. Conf Date: Remission Amount: Enf. Conf, Letter Date: I+ty Rcvd, Ent Conf. Ltr.: Total Amount Due: Q,OCt Total Amount Paid: 5,04 Case Closed: �7f2E Salutation for Letter: EIvIC Hearing Date: Remission Amount: EMC Results Received: Petit -'ion in ©AR: Remission Amount Case to Collection: Settler lent Requested: D:ENCS Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director 5. z., olvrslor °,b{ atilt i February 2, 2005 Wray Frazier, Vice President Cross Country Campground 6254 Hwy 150-East. Denver, North Carolina 28037 Subject: Draft NPDES Permit Permit NC0022497 Cross Country Campground Catawba County Dear Mr. Frazi Enclosed with this letter is a copy of the draft permit for your facility. Please review the draft very carefully so that you thoroughly understand the conditions and requirements it contains. Your permit is among several in the Catawba River basin the Division has targeted for expedited renewal. No major changes have taken place to the Division's management strategy for the Catawba River. The Division can therefore expedite renewal of permits in the Catawba River basin whose operations have not changed since the last permit renewal, and whose compliance records are in good standing. This draft erinit contains two 2 substantial chan es from the existin erroit; As required by the Code of Federal Regulations and based on comments from the United States Environmental Protection„Agecacy. the Division was required to implement daily maximum ammonia (N.H3-N) limits for wastewater treatment facilities. This implementation policy was adopted on October 15, 2002. The daily maximum limit is five times the monthly average value (this multiplier was established based on a review of treatment capability at various wastewater plants). As a result, this. permit includes both monthly average and daily maximum limits for NH3-N. A Total Residual Chlorine (TRC) limit has been added to this permit. Because you may need time to make modifications to your plant in order to comply with this new condition, the TRC limit will not take effect. until eighteen (18) months after the effective date of the final permit. Please refer to the enclosedTR.0 policy memo for details. Submit any written comments to rue at the letterhead address no later than thirty (30) days following your receipt of the draft permit. If the Division does not receive any adverse comments from either you or the public within this designated time, our office will likely issue the final permit in late March, with an effective date of May 1, 2005. If you have any questions concerning this draft permit, contact nhe at (919) 733-5083, extension 532 or via email at "Van.essci.ManueWncniai1 net". Sincerely, Vanessa E. Manuel Eastern :NPDES Program. Attachments Cc: Dwg MR0 NPDES Unit Brett Setzrr, NCDENR/DEH IRO North Caro 1617 'vlat0 Seevicc ('eAnte4r Ralr:igl€ t° t t?dltl � l''b�s''nc i919) Internet: h o,enrstalhaIragh. NC 27n11=I AX (019) 733-(9719 Blvd-f 748 TO: QL ©471 NCDENR NPDES Unit Staff FROM: David A. Goodrich NPDES Unit Supervisor Michael E. Easley Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality June 19, 2003 SUBJECT: Total Residual Chlorine Policy for NPDES permits Every three years the State is required by the Clean Water Act to review its surface water quality standards and classifications, determine if changes are needed and to make any necessary changes. This review process is referred to as the "triennial review." Public hearings were held to solicit comments for the 2000-2003 Triennial Review of surface water quality standards during the summer of 2002. The Hearing Officer's recommendations were presented before the state's Environmental Management Commission on October 10, 2002. The Hearing Officer's recommended changes included modifications to the existing standards for Arsenic, Cyanide, Methylene Blue Active Substances (MBAS) and Total Residual Chlorine (TRC). The Hearing Officer also recommended the addition of a standard for Methyl Tert-Butyl Ether (MTBE). All of the Hearing Officer's proposed changes were adopted with the exception of MTBE. The changes took effect on April 1, 2003. This memo documents the changes to the NPDES permitting policy for TRC limits. Total Residual Chlorine (TRC) Previously, TRC had an Action Level Standard, except in designated Trout waters. The Triennial Review changes modified the TRC Action Level Standard to an Aquatic Life Standard of 17 pg/L. The Aquatic Life Standard will remain for designated Trout waters. Aquatic Life Standard — 17 pg/L (freshwater only) Trout Waters —17 pg/L Revised TRC Policy ➢ TRC limits will be assigned to permit renewals and all new permits issued after April 1, 2003. ➢ Facilities that do not use chlorine will not receive a TRC limit; however, the presence of a chlorine back-up system to augment UV or other disinfection requires a TRC limit. ➢ Facilities discharging to streams with a 7Q10 m.05 cfs (zero -flow streams) will receive a limit of 17 AWL. ➢ Limits will be capped at 28 pg/L to protect against acute impacts. It is likely that many facilities will need to add dechlorination (or use another means of disinfection) to comply with the new TRC standard. Therefore, a compliance schedule of 18 months from the effective date of the permit may be added to any TRC limit added during the current permit renewal. This time period is allowed in order for the facility to budget and design/construct the dechlorination and/or alternative disinfection system(s). The NPDES Unit has promulgated minimum design criteria in order to expedite permitting of dechlorination equipment. cc: Coleen Sullins Regional Office Supervisors (Dechlorination guidance attached) Shannon Langley Permit NC0022497 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 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, the Cross Country Campground is hereby authorized to discharge wastewater from a facility located at the Cross Country Campground 6254 NC Hwy 150-East north of Denver Catawba County to receiving waters designated as Reed Creek in the Catawba River Basin in accordance with effluent limits, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective Montt- Dad, 2005. This permit and authorization to discharge shall expire at midnight on April 30, 2010. Signed this day Month Day, 2005. DRAFT (1/31/2005) Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0022497 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit 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. Cross Country Campground is hereby authorized to: 1. Continue to operate an existing 0.065 MGD wastewater treatment facility with the following components: • Aerated flow equalization basin • Aeration basins • Clarifier with return sludge pumps • Chlorine contact chamber • Flow recorder This facility is located at the Cross Country Campground WWTP at 6254 NC Hwy 150-East north of Denver in Catawba County. 2. Discharge from said treatment works at the location specified on the attached map into Reed Creek, classified WS-IV waters in the Catawba River Basin. Latitude: 35°34'32" Longitude: 81°02'33" Quad # E14SE Stream Class: WS-IV Subbasin: 03-08-32 Receiving Stream: Reed Creek NC0022497 Cross Country Campground Faci lity Loca tion North NOT TO SCALE Prr A. (1.) EFFLUENT LIMITS AND MONITORING REQUIREMENTS — DRAFT 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: Permit NC0022497 EFFLUENT CHARACTERISTICS (pararnetercodes) . ' LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type ,Sample Location) Flow (50050) 0.065 MGD Continuous Recording Influent or Effluent BOD, 5-day (20°C) (00310) 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Total Suspended Solids (00530) 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NH3 as N (00610) (April 1 —October 31) 3.0 mg/L 15.0 mglL Weekly Composite Effluent NH3 as N (00610) (November 1— March 31) 9.0 mg/L 35.0 mglL Weekly Composite Effluent Dissolved Oxygen (00300) Weekly Grab Effluent, Upstream & Downstream Fecal Coliform (31616) (geometric mean) 2001100 ml 400I 100 ml Weekly Grab Effluent Total Residual Chlorine2 (50060) 28pgIL 21Week Grab Effluent Temperature (2C) (00010) Daily Grab Effluent Temperature (2C) (00010) Weekly Grab Upstream & Downstream Total Nitrogen (00600) (NO2+NO3+TKN) Quarterly Composite Effluent Total Phosphorus (00665) Quarterly Composite Effluent pH3 (00400) Weekly Grab Effluent Footnotes: 1. Upstream: at least 100 feet upstream from the outfall. Downstream: at least 300 feet downstream from the outfall. 2. Total Residual Chlorine limit takes effect 18 months from the effective date of the permit. Until the limit becomes effective, the permittee shall monitor Total Residual Chlorine (with no effluent limit). 3. The pH shall not be Iess than 6.0 standard units nor greater than 9.0 standard units_ There shall be no discharge of floating solids or visible foam in other than trace amounts. 10,11, NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, RE., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Wray Frazier Cross Country Campground 6254 NC Highway 150 East Denver, NC 28037 Subject: Dear Mr. Frazier: January 21, 2005 7003 2260 0001 3551 8005 Notice of Violation - Effluent Limitations Tracking #: NOV-2005-LV-0049 Cross Country Campground WWTP NPDES Permit No. NC0022497 Catawba County, NC A review of the October 2004 self -monitoring report for the subject facility revealed a violation of the following parameter: Pipe Parameter Reported Value Limit 001 Ammonia Nitrogen 5.4 mg/L 3.0 mg1L FIN Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for these *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. You may contact Richard Bridgeman of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Mr. Bridgeman or me at 704/663-1699. Sincerely, ' .i� ) D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor cc: Point Source Branch RMB Mooresville Regional Office 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 Phone: 704-663-16991 Fax: 704-663-60401 Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper NonthCaroiina aturalli Wray Frazier Cross Country Campground 6254 NC FEghway 150 East Denver, NC Dear Permittee: A NC'DENR 28037 Michael F. Easley Governor W illim G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W, Klimek, P.E., Director Division of Water Quality September 9, 2004 Subject: Renewal Notice NPDES Permit NC0022497 Cross Country Campground Catawba County Your NPDES permit expires on April 30, 2005. Federal (40 CFR 122.41.) and North Carolina (15A NCAC 25 regulations require that permit renewal applications must be filed at least 1.80 days prior to expiration of the current permit. I1 you have already mailed your renewal application, you may disregard this notice. e)) To satisfy this requirement, your renewal package must be sent to the Division postmarked no later than November 1, 2'004. Failure to request renewal by this date may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending upon the delinquency of the request. If� any wastewater discharge will occur after April 30, 2005, the current permit must be renewed. Discharge of wastewater without a valid permit would violate North. Carolina General Statute 143-215.1; unpermitted discharges of wastewater may be assessed civil penalties of up to $25,000 per day. If all wastewater discharge has ceased at your facility and you - sh to rescind this permit, contact n at the telephone number or address listed below. You may also contact the Mooresville Regional Office at (704) 663-1699 to begin the rescission process. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions, please contact me at the telephone number or e-mail address listed below. cc: Central Files Mooresville Regional Office, Water[. NPDES File Section Charles fi Weaver, Jr. NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 511 (fax) 919 733-0719 VISIT US ON THE INTERNEr I@ http://h2o.enr.state.nc,usJNPDES e-mail: charles.weaverancmail.net NPDES Permit NC0022497 Cross Country Campground Catawba County The following items are REQUIRED for all renewal packages: ❑ 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 and two copies. ❑ The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. ❑ 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 any such Authorized Representative (see Part II.B.11.b of the existing NPDES permit). ❑ 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 and two copies. The following items must be submitted by any Municipal or Industrial facilities discharging process wastewater: 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 privately owned facilities treating 100% domestic wastewater, or facilities which discharge non process wastewater (cooling water, filter backwash, etc.) PLEASE NOTE: Due to a change in fees effective January 1,1999, there is no renewal fee required with your application package. Send the completed renewal package to: Mr. Charles H. Weaver, Jr. NC DENR / Water Quality / NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Performance Annual Report I. General Info rtnation Facility I System Name: C�s ourtt�+�apgrs?nd Responsible Entity: Wray Frazier Person in Charge&Contact: Gerald Leatherman Applicable Permit(s): NC0022497 Description of Collection System or Treatment Process: Cross Country Campground has a series of sewer lines that carry wastewater from campsites, offices, and other areas to a treatment facility located on Reed Creek. The treatment facility is comprised of units which remove pollutants before the water flows into the Reed Creek, II. Performance Text Summary of System Performance for Calendar Year 2003. All the wastewater is treated and tested to meet specific state requirements. Weekly samples analyzed showed the treated water to be in compliance with the permitted limits for each month during 2003. List (by month) any violations of permit conditions or other environmental regulations. Monthly Lists should include discussion of any environmental impacts and corrective measures taken to Address violations. There were no violations of permit conditions for Cross Country Campground for the calendar year 2003. Notification State how this report has been made available to users or customers of the system and how those users have been notified of its availability. A public notice will be printed for users in our monthly newsletter. The performance annual report wil also be available upon request in the Cross Country Campground front ©Bice, rtificatian I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the name system and that those users have been notified of its availability. Responsible Person Title Entity Date September 4, 2004 Mr, Richard Bridgman N.C. Division of Water Quality Mooresville Regional Office 919 North Main St, Mooresville, NC 2811.5 Dear Mr. Bridge. an, Per your request addressing the deficiencies noted, we have covered the aeration basins with grates and have fixed the railings along the steps,. We are also getting estimates on repairing or replacing the walls.. We are keeping one file for all records and reports for the treatment plant, Please see the attached note from Robert Green stating what he has done to correct the other problems. If you have any other questions, please feel free to contact me at 704-483-5897. Sincerely, Ronnie F. Wise Manager Cross Country Campground Attachment 6254 Highway 150 East Denver, NC 28037 704-483-589'7 1-800-852-4840 1 &4& 4,4-ItT 4.4, " NG- a I ior, n-e. be-5 !. b R alp., SQ ) Con't o te_A IN) Ai �.Y+ Conti . c.:LN - X \k..r� a E).r eoir.-p. (*-J/46 Michnrl F.i�;nac Covcmor Wilkrrmr Ci Rm.%it . Sccrctury North Cumlion t cpnnntcnl orlim'irnnmcnt and Nntund Resource', Alan W. Klimek_ P. E. Director Division of Water Qunkity Colon 11. Sullins. Deputy Direclnr Division of Winer Quality August 20, 2004 Mr. Wray Frazier Cross Country Campground 6254 NC Highway 150 East Denver, NC 28037 Subject: Notice of Deficiency Compliance Evaluation Inspection Cross Country Campground WWTP NPDES Permit No. NC0022497 Catawba County, NC Dear Mr. Frazier: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on August 11, 2004 by Mr. Barry Love of this Office. Please inform the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report. It is requested that a written response be submitted to this Office by September 6, 2004 addressing the deficiencies noted in the Operations & Maintenance, Disinfection, Flow Measurement — Effluent, and Record Keeping Sections of the report. In responding, please address your comments to the attention of Mr. Richard Bridgeman. Please note that proper use of the chlorinator is required to properly operate and maintain the plant, and that a recording flow device is necessary to meet monitoring requirements. These conditions must be addressed immediately to be in compliance with the Permit. North Carolina Naturally N. C. Division of Water Quality, Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 igica t DENR Mr. Wray Frazier Notice of Deficiency Page Two The report should be self-explanatory; however, should you have any questions, please do not hesitate to contact Mr. Love or me at (704) 663-1699. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure cc: Catawba County Health Department BL United Stales Environmental Protection Agency Washington, D.C.20460 EPA 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 1 LI 2 1J 3 I NC00224P7 111 121 n4 /a8/11 117 Type Inspector Fac Type 18 L.I 19I c I 20 u IIII I III 1 I II I 1166 Remarks 21 l I I I I I I I III 11 1 1 1 1. 1 1 1 MI I I I I I 1 I I I I Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA 67 I 3.0 169 70 Li 71 ILI 72 bir Reserved 731 I 174 751 I I 1 I I I lea Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) Crows Country Campground 6254 NC Hwy 150 East Denver NC 28037 Entry Time/Date 01:00 PM 04/08/11 Permit Effective Date 00/07101 Exit Time/Date 02:10 PM 04/0B/11 Permit Expiration Date 05r04; 30 Name(s) of Onsite Representative(s)mtles(s)(Phone and Fax Number(s) Robert Kenny McKinney Cr'eene!ORC/B2B-396--4444/ /// Other Facility Data Name. Address of Responsible Official/Title/Phone and Fax Number Wray Fraoier,6254 NC Hwy 150 E Denvei NC 28037//704-483-5697/ Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit El Flow Measurement ■ Operations & Maintenance Records/Reports Self -Monitoring Program • Sludge Handling Disposal II Facility Site Review • Effluent/Receiving Waters Laboratory 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,515`)2 ter o S/r; Edo Ls- , Barry F Love MRD WQ//704-663-1€99/704-663-5040 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Richard l.1 Bridgeman 704-653-16P9/704-663-6040 EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Is ventilation equipment operational? Is there adequate reserve supply of disinfectant? Are cylinders protected from direct sunlight? Are cylinders secured adequately? 6 waisrts to adris 01110001 ❑ ❑ ❑ ❑ N O 000 Are setileometer results acceptable? zaigeidaooe lanai OU aqt sl Does the foam cover less than 25% of the basin' s surface? Is the foam the proper color for the treatment process? Are the diffusers operational? Are surface aerators and mixers operational? Is the basin free of dead spots? waisRs uolleiee jo aciAl uogeaado Jo apow ❑ ❑■■■❑■ Q.. 00000002 ❑ ❑ ❑ ❑ ❑ ❑ a. ■ ■ ❑ ❑ ❑ ❑ ❑ L 6uplinq jo awl aoeyns ay he overflow clear of excessive solids/pin floc? he return rate acceptable (low turbulence)? .leuolieJado ilun anup ay he site free of excessive floating sludge? Lalenbepe lenowaJ wnos s s the site tree of evidence of short-circuiting? s the site free of weir blockage? i,lanal snam aw s the clarifier free of black and odorous wastewater? ■■❑❑❑■■■■■❑■ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ N ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ m a m sco oai m 8' m 0 0 0 CD N CO 9' N =0.. co < CD c, `K N m C C Ctil CD C 0- N ▪ N *. C a 0 0" m b m B� m a m m m CD K m m a. Wm H CDO cc- s 5i S m 0 m ^ m m m ga • G! 0 m n alm a O O t= m a co O. ai 2.0 .. S W 7 m O. C 0,O m f m m m N m a c. N * 0 3 m Nco co n N Otn m_ a m 0 N 3 • n a m o O. 0 m m 0 C SS N 3a '`' m 0 a S go m — C7 O 3 3 co 7 -'i CD 0 CD D C m C 0 CO CD co m co 7 8 CD CD 0. m 0 m 7 CD m 0• n C CO m d CO CCD CD Is the Inspector granted access to all areas for inspection? Is access to the plant site restricted to the general public? Are there any special conditions for the permit? Is the facility as described in the permit? b C) S~ CO •0 tD A r a 3 CXD m CD Q7 0 7 N O N N 7 m a C] 3 O m C B n G CD • CD m 0 DC 0 ■ s❑❑❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑• ❑ ❑ ❑ ❑ ❑ ea uo4;oedsul CD M7 C .41 O a m 0C) 3 enleiG oOuell O CD Z C) 0 CO CO O CD CD C m n C) O C) 0 C a [) m 3 CO 0 C 7 0. a N O C CD C) v 3 v m a C 7 O. Permit: NC0022497 Owner - Facility: Cross Country Campground - Cross Country Campground Inspection Date: 08/11/04 Inspection Type: Compliance Evaluation rlkinfectiort Is ventilation equipment properly located? Is SCBA equipment available on site? Is SCBA equipment operational? Is staff trained is operating SCBA equipment? Is staff trained in emergency procedures? Is an evacuation plan in place? Are tablet chlorinators operational? Are the tablets the proper size and type? Number of tubes in use? (Sodium Flypochlorite) Is pump feed system operational? Is bulk storage tank containment area adequate? (free of leaks/open drains) Is the level of chlorine residual acceptable? Is there adequate detention time Is the contact chamber free of growth, or sludge buildup? Comment: Four tubes are available for use but not used. Tablets are placed in the clarifier trough. As part of the waste water treatment plant the chlorinator must be used for proper operation and maintenance. The chlorinator provides more control over disinfection and chlorine residual. J ahoratory Are field parameters performed by certified personnel or laboratory? Are all other parameters(excluding field parameters) performed by a certified lab? Is the facility using a contract lab? Are analytical results consistent with data reported on DMRs? Is proper temperature set for sample storage (kept al 1.0 to 4.4 degrees Celsius)? Incubator (Fecal Coliform) set to 44.5 degrees Celsius+!- 0.2 degrees? Incubator (BOD) set to 20.0 degrees Celsius +1- 1.0 degrees? Comment Water Tech Labs, Inc. is the contract lab. Flow Meri,vrrement - Effluent Is flow meter used for reporting? is flow meter calibrated annually? Is flow meter operating properly? (If units are separated) Does the chart recorder match the flow meter? Comment: The flow meter was last calibrated by B. W. Allen Company on October 6, 2003. The chart recorder was not working at the time of the inspection. The permit requires that flow be monitored continuously using a recording device. $ecord Keeoina 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? Are sampling and analysis data adequate and include: Dates, times and location of sampling Name of individual performing the sampling Results of analysis and calibration Dales of analysis Yes No NA NF ❑ ❑ 1E❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑•❑ ❑ ❑ • ❑ II ❑ ❑ ❑ • ❑ ❑ ❑ 0 ❑ ❑•❑ ❑ ❑•❑ ‚ DOD 11000 • ❑ ❑ ❑ Yes No NA NF MOOD 11000 • ❑ ❑ ❑ ▪ ❑ ❑ ❑ • ❑ ❑ ❑ ❑ ❑ 1 ❑ ❑ ❑ ■ ❑ Yes_ Nn NA NF N ODE] � ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ Yes No NA NF ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ • • • Permit: NC0022497 inspection Date: 08/11/04 Owner - Facility: Cross Country Campground - Cross Country Campground inspection Type: Compliance Evaluation Record Keening, Yes No NA NF Name of person performing analyses • Transported COCs U Plant records are adequate, available and include ❑ U 0 Cl O&M Manual 0 As built Engineering drawings 0 Schedules and dales of equipment maintenance and repairs 0 Are DMRs complete: do they include all permit parameters? • 0 0 ❑ Has the facility submitted its annual compliance report to users? • 0 0 0 (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ❑ 0 El 0 Is the ORC visitation log available and current? • 0 0 0 Is the ORC certified at grade equal to or higher than the facility classification? • 0 ❑ 0 Is the backup operator certified al one grade less or greater than the facility classification? • 0 0 0 Is a copy of the current NPDES permit available on site? 0 1E 0 0 Is the facility description verified as contained in the NPDES permit? .1000 Does the facility analyze process control parameters, for example: MLSS, MCRT, Settleable Solids, DO. Sludge • 0 0 0 Judge, pH, and others That are applicable? Facility has copy of previous year's Annual Report on file for review? • ❑ ❑ 0 Comment: A11 required records were not available for review at the time of the inspection. The campground manager had just started a week earlier and could not find all of the records. Some DMR's were available (including older ones), but others were missing. Sludge hauling and maintenance records were not available, but the manager stated that the bills for these services were sent to the main office which would have copies of the invoices. Fffhtent aarnolinq Yes Nn NA NF Is composite sampling flow proportional? U 0 ❑ ❑ Is sample collected below all treatment units? • 0 0 0 Is proper volume collected? 11000 Is the tubing clean? 0 U 0 0 Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? 0 ❑ 0 U Is the facility sampling performed as required by the permit (frequency, sampling type representative)? 11000 Comment: The sampler tubing was not clean. Upstream / Downstream SamolinQ Yes No NA NF Is the facility sampling performed as required by the permit (frequency. sampling type, and sampling location)? I ❑ ❑ ❑ Comment: Aerobic Digester Yes Nn NA NF Is the capacity adequate? U 0 0 0 Is the mixing adequate? • 0 Is the site free of excessive foaming in the tank? 11000 Is the odor acceptable? ® 0 ❑ 0 Comment: Fffll not Pine Yes No NA NF Is right of way to the outran properly maintained? ■ 0 0 0 Are receiving water free of solids and floatable wastewater materials? El 0 0 0 Are the receiving waters free of solids / debris? • 0 0 0 Are the receiving waters free of foam other than a trace? • 0 0 0 Are the receiving waters free of sludge worms? • 0 ❑ 0 ❑ ❑ ❑ dN VN °N saA :;uawwoa 4Ailadoid duneiado /Coin aye (pnipibai sadid Jasnp!p) 'Nana }I aa!d }uaii111.4 uogenlen2aoueildwoo uof;oadsuI punoi dweo fulunoo ssaJ3 - punoi6dweo &i uno° ssolo - Jaum° trO/L LI90 :a;ea uol;oadsut L617ZZ003N :;lwJad • June 26, 2003 NCDENR Attn: Mr. Richard Bridgeman Division of Water Quality 919 North Main Street Mooresville, NC 28115 Dear Mr. Bridgeman: NC DEPT. OF ENVIRONMEN? AND NATURAL RESOURCES YOMESVILLE REGIONAL OFFICE REP NED rJUN 3 0 2003 AT ►)'AuT''3ECTD Thank you for your letter dated June 10, 2003 regarding the Compliance Evaluation Inspection of Cross County Campground WWTP (NC0022497). In reference to the deficiencies noted in the self -monitoring section, the following is an item -by -item response: 1. The ORC, Eddie Rogers, will ensure that the preset volume interval on the composite sampler properly coincides with the flow proportional device to achieve the 1/24 criteria. 2. The ORC is now documenting the composite sampler temperature to verify proper sample preservation. 3. The ORC is now properly identifying the type sample for fecal coliform on the chain of custody. I hope this response is satisfactory, and if I can be of further assistance in this matter, please let me know. incerel Wray Frazier Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality April 1, 2002 Mr. Wray Frazier, Owner Cross Country Campground 6254 NC Highway 150 East Denver, North Carolina 28037 Subject: Compliance Evaluation Inspection Cross Country Campground WWTP NPDES Permit No. NC0022497 Catawba County, NC Dear Mr. Frazier: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on March 21, 2002 by Mr. Wes Bell of this Office. Please inform the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Mr. Bell or me at (704) 663-1699. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure cc: Catawba County Health Department WB N Efilt Customer Service Division of Water Quality 919 North Main Street Mooresville, NC 28115 Phone (704) 663-1699 1 800 623-7748 Fax (704) 663-6040 i Form Approved. OMB No.2040-0057 Approval Expires 5-31-98 • , • A US Environmental Protection Agency, Washington, D.C., 20460 ► Water Compliance Inspection Report --V NC Division of Water Quality / Mooresville Regional Office NCQENR - a • , _ _ '4 Section A:�NationaData SystemCoding• _. � ' -�� � �y tjnY,1 Transaction Code NPDES No. Yr/Mo/Day Inspection Type Inspector Facility Type - N 5 NC0022497 02/03/21 C S 2 Remarks: • Inspection Work Days Facility Evaluation Rating BI QA Reserved 1.5 3 N N Section B: Facility Data - - . - -.. _ --=. _ - Name and Location of Facility Inspected: Cross Country Campground WWTP 6254 NC Highway 150 Denver Catawba County, North Carolina • Entry Time: 12:50 pm Permit Effective Date: 00/07/01 Exit Time/Date: 1:20 pm - 02/03/21 Permit Expiration Date: 05/04/30 Name(s) of On -Site Representative(s)ITitle(s)/Phone No(s)/Fax No(s): Mr. Eddie Rogers/ORC/828-396-4444 , Name and Address of Responsible Official: Mr. Wray Fraizer Cross Country Campground 185 Highway 150 Denver, North Carolina 28037 Title: Owner - Phone No: 828-483-5897 Contacted? No - ,',:•'-. - . :. Section C:.Areas.Evaluated During Inspection. (Check only those areas evaluated) . - -. - • - .- -.- X Permit X Flow Measurement X Operations & Maintenance X Sewer Overflow X Records/Reports X Self -Monitoring Program X Sludge Handling/Disposal Pollution Prevention X Facility Site Review Compliance Schedules Pretreatment Multimedia X Effluent/Receiving Waters X Laboratory Storm Water Other: - - ter_ -.-:;:I _Section•D:°SummaryafFindings/Comments -` ='� _ ' _- ---- - See Attached Sheet(s) for Summary. Name(s) and Signature(s) of Inspectors: Wes Bell f 11./.6 Agency/Office/Telephone No: NCDWQ/MOORESVILLE/(704)663-1699 Date: 3/26/02 • Date: Signature of Management QA Reviewer: Agency/Office/Phone & Fax No: Date: EPA Form 3560-3 (Rev. 9-94) Previous editions are obsolete Cross Country Campground WWTP Page Two The facility was last inspected by Wes Bell of this office on June 26, 2001. PERMIT: The permit authorizes for the continued operation of an existing 0.065 MGD wastewater treatment facility consisting of an aerated flow equalization basin, aeration basin, clarifier with sludge return pumps, chlorine contact chamber, and a flow recorder. The permit for this facility became effective on 7/1/00 and expires on 4/30/05. RECORDS AND REPORTS: The calibration data, process control data, and the Operator -in -Responsible Charge (ORC)/daily operation and maintenance log were reviewed on -site at the time of the inspection. The records were in-depth and well maintained. FACILITY SITE REVIEW/OPERATIONS & MAINTENANCE: The WWTP appeared to be operating properly and site was well maintained. The flow equalization basin has been converted to an aerobic sludge digester. There are multiple aeration basins that are operated in series. The backup blower has been repaired is now operational. An adequate cover has been installed over the influent manhole. The mixed liquor suspended solids appeared to be well mixed and adequately oxygenated. Lime is added to the aeration basins to maintain the pH levels and enhance microbial treatment. The screenings are disposed to the county landfill. The process control program of the aeration basin consists of settleability tests and MLSS measurements. Sludge wasting is based on settleability tests. The ORC indicated that the facility was in the process of constructing a stormwater barrier/diversion to divert stormwater runoff from damaging equipment and to prevent the stormwater from entering the flow measurement station and causing inaccurate flow recordings. The facility is staffed with a Grade II ORC. A certified backup operator has been designated and is available when the ORC is unable to visit the facility. The ORC was very knowledgeable of the treatment processes and equipment used at the facility. LABORATORY: Water Tech. Laboratories, Inc. (Certification # 50) of Granite Falls, N.C. has been contracted to provide analytical support. The pH, TRC, and DO meters and thermometer appeared to be properly calibrated; however, additional documentation will now be required due to the new laboratory regulations that became effective on 10/1/01. The ORC and staff should view the Division's Laboratory Certification Unit's website that contains the technical guidance for field parameter testing (including proper instrument calibration and appropriate documentation) at www.esb.enr.state.nc.us/lab/field parmguide.htm. Mr. Chet Whiting with the Division's Laboratory Certification Unit can be contacted at 704-663-1699 ext. 297 for additional guidance. Cross Country Campground WWTP Page Three EFFLUENT/RECEIVING STREAM:. The effluent discharge was clear with no suspended solids or foam. The facility discharges into Reed Creek, which is a WS-IV water in the Catawba River Basin. The receiving stream did not appear to be negatively impacted. The outfall was well maintained and accessible. A review of the DMRs have indicated numerous TRC values in•excess of 28ug/l. Be aware that a stream action level of 17µg/1 has been established for total residual chlorine for chronic toxicity effects. An action level of 28µg/1 has been set as the maximum allowable effluent concentration to protect the receiving stream against acute toxicity effects. Please maintain the total residual chlorine concentration as low as possible, while still complying with fecal coliform limits. SELF -MONITORING PROGRAM: Self -monitoring reports were reviewed for the period May 2001 through December 2001, inclusive. No limit violations were reported. Only one TRC value was reported for the week of June 17 through June 23, 2001. Please resubmit an amended DMR if the above noted discrepancy was a transcription error. Composite samples are collected flow proportionately. This Office recommends the installation of a covered structure for the composite sampler and refrigeration unit to ensure the equipment's integrity during extreme weather conditions (recommended in previous inspection report). LL The on -site parameters appeared to have been collected and analyzed within the required holding times. The upstream and downstream sampling locations are consistent with the requirements of the permit. FLOW MEASUREMENT: The effluent is measured continuously by a cable type flow meter with totalizer and strip chart recording. The flow meter is calibrated annually by B.W. Allen of Charlotte, N.C. The flow meter was last calibrated on 9/5/01. SLUDGE DISPOSAL: Sludge is removed by Stanley Septic. Service and disposed at a CMU WWTP. SEWER OVERFLOW: Please be advised that pursuant to Part II, Section E of your NPDES permit, and North Carolina Administrative Code (NCAC) 15A 2B .0506 (a)(2), any failure of a collection system, pumping station or treatment facility resulting in a bypass without treatment of all or any portion of the wastewater shall be reported to the central office or the appropriate regional office (Mooresville Regional Office 704-663-1699) as soon as possible but no later than 24 hours from the time the permittee became aware of the bypass. Overflows and spills occurring 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. A written report shall also be provided within five (5) days of the time of the incident. The report shall contain a description of the bypass, and its cause; the period of the Cross Country Campground WWTP Page Four SEWER OVERFLOW cont'd: bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken (or planned) to reduce, eliminate, and prevent recurrence of the similar events. Any spill that reaches surface waters (i.e. any spill that reaches any water already present in a conveyance, stream, ditch, etc...) or any spill greater than 1,000 gallons on the ground that does not reach surface waters must be reported. An adequate spill response for those spills reaching surface waters should include an evaluation downstream of the point at which the spill entered surface waters to determine if a fish kill occurred. The evaluation should also include the collection of upstream dissolved oxygen and pH measurements for background information and dissolved oxygen and pH measurements at multiple points downstream of the entry point to document any negative impact. Failure to report the bypass of collection system, pumping station or treatment facility subjects violators to penalties of up to $25,000.00 per day per violation. Michael F. Easley, Governor William G. Ross, Jr..Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality June 10, 2003 Mr. Wray Frazier, Owner Cross Country Campground 6254 NC Highway 150 East Denver, North Carolina 28037 Subject: Notice of Deficiency Compliance Evaluation Inspection Cross Country Campground WWTP NPDES Permit No. NC0022497 Catawba County, NC Dear Mr. Frazier: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on June 5, 2003 by Mr. Wes Bell of this Office. Please inform the facility's Operator -in -Responsible Charge of our findings by forwarding a copy ofthe enclosed report. It is requested that a written response be submitted to this Office by June 30, 2003, addressing the deficiencies noted in the Self -Monitoring Section of the report. In responding, please address your comments to the attention of Mr. Richard Bridgeman. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Mr. Bell or me at (704) 663-1699. Sincerely, ULo.1 - (3nn.d D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure cc: Catawba County Health Department WB AIrrhi NCDENR Mooresville Regional Office, 919 North Main Street, Mooresville, NC 28115 HONE (704) 663-1699 =AX (704) 663-6040 Customer Service 1 800 623-7748 r United States Environmental Protection Agency EPA 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 1 I„ t 2 I t 3 NC0022497 I 11 12 I 03/06/05 117 I `� J Ll Type Inspector Fac Type 18 I- I 19 IA 20 1 lJ LJ L J III 1IIII11166 Remarks 21IIIII1II1111IIII II1I1IIIIIII IIIII11I Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA 67 [ 1. 5 f 69 70 1. 1 71 t„ 1 72 1„ t l LJ l J Reserved 73 [ I 174 761 1 II 1 I I I 180 Section B: Facilitylitl Data Name and Location of Facility inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) Cross Country Campground 6254 NC Hwy 150 East Denver NC 28037 Entry Time/Date 02:02 PM 03/06/05 Permit Effective Date 00/07/01 Exit Time/Date 03:13 PM 03/06/05 Permit Expiration Date 05/04/30 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) William Edward Rogers/ORC/828-313-3387/ Other Facility Data • Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Wray Frazier,6254 NC Hwy 150 East Denver NC 28037//704-483-5897/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance Records/Reports Self -Monitoring Program Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters Laboratory Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) PERMIT: The permit description adequately describes the facility. - RECORDS AND REPORTS: DMRs, chain of custody forms, laboratory analyses, calibration data, process control data, and the Operator -in -Responsible Charge (ORC)/daily operation and maintenance log were reviewed on-site.at the time of the inspection. The records were in-depth and well maintained. (cont.) FACILITY SITE REVIEW/OPERATIONS & MAINTENANCE: The WWTP appeared to be operating properly and site was well maintained. The flow Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wesley N Bell MRO WQ//704-663-1699/704-663-6040 zf (/VO3 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. NPDES yr/mo/day Inspection Type (cont. ) 1 3 NCO022497 111 12 03/06/05 117 18 u Section D: Summaryof Finding/Comments (Attach additional sheets of narrative and checklists as necessary) equalization basin has been converted to an aerobic sludge digester. There are multiple aeration basins that are operated in series. The aeration basins appeared thin: however, the mixed liquor appeared to be well mixed and adequately oxygenated. Lime is added to the aeration basins to maintain the pH levels and enhance microbial treatment. The screenings are disposed to the county Landfill. The process control program of the aeration basin consists of DO, pH, settleability tests, and MLSS measurements. This office recommends increasing the frequency of process control testing. Sludge wasting is based on settleability tests. The facility is appropriately staffed with certified operators. The facility/ORC must ensure that all stormwater is diverted away from the flow measurement station to prevent inaccurate flow recordings. LABORATORY: Water Tech. Laboratories, Inc. (Certification # 50) of Granite Falls, N.C. has been contracted to provide analytical support. The ORC has been issued a laboratory certification (#5102) to perform on -site field analyses. All laboratory instruments utilized for field analyses appeared to be properly calibrated. EFFLUENT/RECEIVING STREAM: The effluent discharge was clear with no suspended solids or foam. The receiving stream did not appear to be negatively impacted. The outfall was well maintained and accessible. SELF -MONITORING PROGRAM: Self -monitoring reports were reviewed for the period April 2002 through March 2003, inclusive. No limit violations were reported. All monitoring frequencies and sample locations appeared correct. The on -site field analyses appeared to have been collected and analyzed within the required holding times. Composite samples are collected flow proportionately. The ORC must ensure that the preset gallon interval between the collection of samples does not exceed 1/24 of the expected flow. In addition, this Office recommends the installation of a covered structure for the composite sampler and refrigeration unit to ensure the equipment's integrity during extreme weather conditions (recommended in previous two inspection reports). The CRC does not document the composite sampler temperature to verify the samples are being properly preserved (1- 4.4 degrees Celsius) as stipulated in 40 CFR 136.3 Table II. In addition, the chain of custody forms indicated fecal coliferm samples were composite samples. The CRC should have the chain of . custody forms revised immediately. FLOW MEASUREMENT: The effluent is measured continuously by a cable type flow meter with totalizer and strip chart recording. The flow meter is calibrated annually by B.W. Allen of Charlotte, N.C. The flow meter was last calibrated on 8/19/02. SLUDGE DISPOSAL: Sludge is removed by Robert's Septic Tank Service and disposed at the City of Newton Clark Creek WWTP. Performance Annual Report Genera ,Infoation Facility I System Name: Crass Country Campground Responsible Entity: Wray Frazier Person in Charge/Contact: Gerald Leatherman Applicable Permit(s): NC0022497 Description of Collection System or Treatment Process: Cross Country Campground has a series of sewer lines that carry wastewater from campsites, offices, and other areas to a treatment facility located on Reed Creek, The treatment facility is comprised of units which remove pollutants before the water flows into the Reed Creek. IL Performance Text Summary of System Performance for Calendar Year 2002: All the wastewater is treated and tested to meet specific state requirements, Weekly samples analyzed showed the treated water to be in compliance with the permitted limits for each month during 2002. List (by month) any violations of permit conditions or other environmental regulations. Monthly Lists should include discussion of any environmental impacts and corrective measures taken to Address violations. There were no violations of permit conditions for Cross Country Campground for the calendar year 2002. III. Notification State how this report has been made available to users or customers of the system and how those users have been notified of its availability. A public notice will be printed for users in our monthly newsletter. The performance annual report will also be available upon request in the Cross Country Campground front office. IV. Certi cation I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the name system andthat those users have been notified of its availability. Responsible Person Title Entity Date Performance Annual Report L general Information Facility / System Name: Cross Count ound Responsible Entity: Wr. y Frazier Person in Charge/Contact: Gerald Leatherman Applicable Permit(s): NC0022497 Description of Collection System or Treatment Process: Cross Country Campground has a series of sewer lines that carry wastewater from campsites, offices, and other areas to a treatment facility located on Reed Creek. The treatment facility is comprised of units which remove pollutants before the water flows into the Reed Creek. II. Performance Text Summary of System Performance for Calendar Year 2002: All the wastewater is treated and tested to meet specific state requirements. Weekly samples analyzed showed the treated water to be in compliance with the permitted limits for each month during 2002, List (by month) any violations of permit conditions or other environmental regulations. Monthly Lists should include discussion of any environmental impacts and corrective measures taken to Address violations. There were no violations of permit conditions for Cross Country Campground for the calendar year 2002 Notification State how this report has been made available to users or customers of the system and how those users have been notified of its availability. A public notice will be printed for users in our monthly newsletter. The performance annual report will also be available upon request in the Cross Country Campground front office. IV. Certification I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the name system and that those users have been notified of its availability. .esponsible Pers Title Entity 2'6 Date Performance Annual Report I. General Information Facility / System Name: Cross Country Campground Responsible Entity: Wrav Frazier Person in Charge/Contact: herald Leatherman. Applicable Permit(s): NC0022497 MAP 1 8 2003 Description of Collection System or Treatment Process: Cross Country Campground has a series of sewer lines that carry wastewater from campsites, offices, and other areas to a treatment facility located on Reed Creek. The treatment facility is comprised of units which remove pollutants before the water flows into the Reed Creek. Perforrnattc Text Summary of System Performance for Calendar Year 2002: Ali the wastewater is treated and tested to meet specific state requirements. Weekly samples analyzed showed the treated water to be in compliance with the permitted limits for each month during 2002. List (by month) any violations of permit conditions or other environmental regulations. Monthly Lists should include discussion of any environmental impacts and corrective measures taken to Address violations. There were no violations of permit conditions for Cross Country Campground for the calendar year 2002, I�. Notificat.io State how this report has been made available to users or customers of the system and bow those users have been notified of its availability. A public notice will be printed for users in our monthly newsletter, The performance annual report will also be available upon request in the Cross Country Campground front office, IV. Certification I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the name system and that those users have been notified of its availability. Responsible Person. Title Entity Date O Performance Annual Rep©r General Irrr ation Facility/System Name: Responsible Entity: Person in Charge/Contact; Applicable Permit(s): N P Description of Collection System or Treatment Process: um rilar\' 01 Sv,stenl Perlbrmunc_ for A.. 'et l ist (by month) a lists should include discussion of a address violations. January.. of rr other environmental al impacts and corrective n Lv1 r ki ry (ct ff 7i7 • ations. Monthly Iken to February Etc. 111, Noti State how this report has been made available to users or customers of the system and how those users have beep notified of its availability. ... c'" uto(IL /-10-t-tce (,/iii be prinlyck -Foe- v.sers //-) ovc- /?704714' ... , (1eLis Ftc {-, 7:4 e ,,---1.17-3,e-iii qc.-e el pvik../cif ree'Ort wt- 1 i 0 (3 0 be N, Certification L.- 1.--(7 Ct ..." e..3 1-- //-) 71-ii c Cross roiry, I certify under penalty of law that. this report is complete and accurate to the best of my knowledg.eI further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. Title Entity Date