HomeMy WebLinkAboutNCG550657_NOV2022PC0061 & CEI Report_20220222
February 22, 2022
Tamara Nicholson
938 Sugar Cove Road
Clyde, NC 28721
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2022-PC-0061
Permit No. NCG550657
18769 Great Smoky Mountains Expressway
Haywood County
Dear Permittee:
The North Carolina Division of Water Resources conducted an inspection of the 18769 Great Smoky Mountains
Expressway on February 10, 2022. This inspection was conducted to verify that the facility is operating in
compliance with the conditions and limitations specified in NPDES WW Permit No. NCG550657. A summary of
the findings and comments noted during the inspection are provided in the enclosed copy of the inspection
report.
The Compliance Evaluation inspection was conducted by Division of Water Resources staff from the Asheville
Regional Office. The following violations were noted during the inspection:
Inspection Area Description of Violation _________________________________________________________________________________________________________________________________________________________________________
Septic Tank Septic maintenance records were not available during the inspection, and have not been
provided since at least 2016. [NCG550000 Part I. D. 3. a.- b. Permit Conditions
(Operation, Maintenance & Records) Septic tanks shall be inspected at least yearly
to determine if solids must be removed or if other maintenance is necessary.
Septic tanks shall be pumped out at least once every five years or when the solids
level is found to be more than 1/3 of the liquid depth in any compartment,
whichever is greater.] _________________________________________________________________________________________________________________________________________________________________________
Effluent Pipe The effluent pipe could not be located during the inspection, and has not been located since at
least 2016. [NCG550000 Part I. D. 4. Permit Conditions (Operation, Maintenance &
Records) All system components, including but not necessarily limited to, septic
tanks, surface sand filters, other filter components, pump/recirculation tanks,
controls and alarms, disinfection units, dechlorination apparatus, and the outfalls
shall be maintained at all times and in good operating order.]
_________________________________________________________________________________________________________________________________________________________________________
DocuSign Envelope ID: 9B6CA1E7-CCD2-49A2-95F5-6AD9CD2B1C9D
_________________________________________________________________________________________________________________________________________________________________________
Effluent Sampling Annual effluent sampling results were not available during the inspection, and have not been
provided since at least 2016. [NCG550000 Part I. C. Effluent Limitations and
Monitoring Requirements (see tables in NCG550000 General Permit)]
_________________________________________________________________________________________________________________________________________________________________________
Corrective Measures for the Violations Noted Above:
Septic Tank: Provide receipt of septic tank pumping and/or maintenance records to the Asheville Regional Office
(ARO).
Effluent Pipe: Locate effluent pipe and additional treatment units and submit pictures and a sketch of the layout to
ARO.
Effluent Sampling: After locating the effluent pipe, sample if effluent pipe is discharging, or document that the pipe
is not discharging and submit to ARO.
In addition, the issues below must also be addressed:
Compliance Issues:
1. The current owner is not listed as the Permittee. Fill out the Change of Ownership form and submit per
instructions on the form.
2. The Certificate of Coverage is expired because permit fees are past due – please pay the provided invoices.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law.
To prevent further action, please respond in writing to this office within 30 days upon your receipt of this Notice
of Violation regarding your plans or measures to be taken to address the indicated violations and other identified
issues, if applicable.
If you should have any questions, please do not hesitate to contact Lauren Armeni with the Water Quality
Regional Operations Section in the Asheville Regional Office at 828-296-4667.
Sincerely,
Daniel Boss, Assistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS: Inspection Report, Change of Ownership Form, Past Due Invoices
Ec: Laserfiche
DocuSign Envelope ID: 9B6CA1E7-CCD2-49A2-95F5-6AD9CD2B1C9D
EPA
United States Environmental Protection Agency
Washington, D.C. 20460
Water Compliance Inspection Report
Form Approved.
OMB No. 2040-0057
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 N 52 NCG550657 22/02/10 C S31112171819 20
21 66
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----------------------Reserved-------------------
N67707172 73 74 75 80
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
POTW name and NPDES permit Number)
18769 Great Smoky Mountains Expressway
18769 Great Smoky Mountains Expy
Waynesville NC 28786
Entry Time/Date Permit Effective Date
Exit Time/Date Permit Expiration Date
11:00AM 22/02/10 14/06/26
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
///
Other Facility Data
11:30AM 22/02/10 18/07/31
Name, Address of Responsible Official/Title/Phone and Fax Number
Ginger Short,1139 Hyatt Creek Rd Bryson City NC 28713/Owner//Contacted
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Operations & Maintenance Self-Monitoring Program Effluent/Receiving Waters
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s)Agency/Office/Phone and Fax Numbers Date
Lauren E Armeni DWR/ARO WQ/828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page#1
DocuSign Envelope ID: 9B6CA1E7-CCD2-49A2-95F5-6AD9CD2B1C9D
2/22/2022
2/22/2022
NPDES yr/mo/day
22/02/10
Inspection Type
C3111218
1
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Lauren Armeni, with the Asheville Regional Office, conducted a Compliance Evaluation Inspection of
the single-family wastewater disposal system that services 18769 Great Smoky Mountain
Expressway. This inspection was conducted to determine if the system is being operated and
maintained in compliance with General NPDES Permit No. NCG550000.
According to the Haywood County GIS, the property was purchased by Hunter Amusements LLC c/o
Tamara Nicholson in 2018. Ms. Armeni attempted to contact Ms. Nicholson multiple times via mail,
but no response was ever received. During the inspection, Ms. Armeni noticed a realty sign through
Exit Realty Vistas with the realtor Ms. Joy Perko. Ms. Armeni called and emailed Ms. Perko, and she
emailed back that the property listing has expired. Ms. Perko said she would contact Ms. Nicholson
and tell her to get in touch with me.
During the inspection, Ms. Armeni could not locate any system components and no paperwork was
provided since the owner could not be contacted. The area surrounding the building was overgrown
and it was apparent that the property has been vacant for awhile.
Permit: The current owner is not listed as the Permittee. Please fill out the provided Change of
Ownership form and submit per instructions on the form. Additionally, the Certificate of Coverage
(CoC) is currently expired because permit fees are past due. The past due invoices have been
provided and need to be paid in order to retain this CoC.
The following violations were noted during the inspection:
1. Septic Tank: The septic tank could not be located and no maintenance records were available.
2. Effluent Pipe: The effluent pipe could not be located.
3. Effluent Sampling: It is unclear whether or not the system discharges and if effluent sampling is
being conducted since the effluent pipe could not be located and the owner could not be contacted.
NCG550657 17 (Cont.)
Page#2
DocuSign Envelope ID: 9B6CA1E7-CCD2-49A2-95F5-6AD9CD2B1C9D
Permit:NCG550657
Inspection Date:02/10/2022
Owner - Facility:
Inspection Type:
18769 Great Smoky Mountains Expressway
Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new
application?
Is the facility as described in the permit?
# Are there any special conditions for the permit?
Is access to the plant site restricted to the general public?
Is the inspector granted access to all areas for inspection?
The current owner is not listed as the permittee and billing is past due. See summary
for details.
Comment:
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping?
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable
Solids, pH, DO, Sludge Judge, and other that are applicable?
The area around the building is overgrown.Comment:
Septic Tank Yes No NA NE
(If pumps are used) Is an audible and visual alarm operational?
Is septic tank pumped on a schedule?
Are pumps or syphons operating properly?
Are high and low water alarms operating properly?
The owner could not be contacted prior to the inspection, therefore no maintenance
records were obtained.
Comment:
Disinfection-Tablet Yes No NA NE
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?
The disinfection tubes could not be evaluated because they could not be found duing
the inspection.
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained?
Page#3
DocuSign Envelope ID: 9B6CA1E7-CCD2-49A2-95F5-6AD9CD2B1C9D
Permit:NCG550657
Inspection Date:02/10/2022
Owner - Facility:
Inspection Type:
18769 Great Smoky Mountains Expressway
Compliance Evaluation
Effluent Pipe Yes No NA NE
Are the receiving water free of foam other than trace amounts and other debris?
If effluent (diffuser pipes are required) are they operating properly?
The effluent pipe could not be located during the inspection.Comment:
Effluent Sampling Yes No NA NE
Is composite sampling flow proportional?
Is sample collected below all treatment units?
Is proper volume collected?
Is the tubing clean?
# Is proper temperature set for sample storage (kept at less than or equal to 6.0
degrees Celsius)?
Is the facility sampling performed as required by the permit (frequency, sampling type
representative)?
The owner could not be contacted prior to the inspection, therefore no annual
sampling records were provided.
Comment:
Page#4
DocuSign Envelope ID: 9B6CA1E7-CCD2-49A2-95F5-6AD9CD2B1C9D
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with
your permit. It is required of any person holding a permit for any time during the annual fee period, regardless of the facility’s
operating status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid
permit is a violation and is subject to a $10,000 per day fine. If the permit is revoked and you later decide a permit is
needed, you must reapply, with the understanding the permit request may be denied due to changes in environmental,
regulatory, or modeling conditions.
INVOICE
Annual Permit Fee Overdue
*2018PR010652*
Permit Number:NCG550657
Annual Fee Period:
Haywood County
Invoice Date:11/07/2018
18769 Great Smoky Mountains Expressway Due Date:12/07/2018
Annual Fee:$60.00
2018-12-01 to 2019-11-30
Ginger Short
1139 Hyatt Creek Rd
Bryson City, NC 28713
2018PR010652Invoice Number:
Notes:
1.You may pay either by mail with check/money order OR by electronic payment (eCheck or Credit Card).
2.If payment is by check/money order, please remit payment to:
NCDEQ - Division of Water Resources
Attn: Animal/Discharge/Non-Discharge Billing
1617 Mail Service Center
Raleigh, NC 27699-1617
3.If payment is electronic, please see https://deq.nc.gov/epayments/wq to pay electronically. Payments by eCheck will debit your
checking account. Credit card transactions will incur a convenience fee.
4.Please include your Permit Number and Invoice Number on all correspondence.
5.A $25.00 processing fee will be charged for returned checks in accordance with North Carolina General Statute 25-3-512.
6.Non-Payment of this fee by the payment due date will initiate the permit revocation process.
7.Should you have any questions regarding this invoice, please contact the Annual Administering and Compliance Fee
Coordinator at 919-707-3698.
Ginger Short
1139 Hyatt Creek Rd
Bryson City, NC 28713
Invoice Number:
(Return This Portion With Check)
ANNUAL PERMIT INVOICE
Permit Number:NCG550657
Annual Fee Period:
Haywood County Invoice Date:11/7/2018
18769 Great Smoky Mountains Expressway Due Date:12/7/2018
Annual Fee:$60.00
Check Number:
2018-12-01 to 2019-11-30
Overdue
*2018PR010652*
2018PR010652
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with
your permit. It is required of any person holding a permit for any time during the annual fee period, regardless of the facility’s
operating status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid
permit is a violation and is subject to a $10,000 per day fine. If the permit is revoked and you later decide a permit is
needed, you must reapply, with the understanding the permit request may be denied due to changes in environmental,
regulatory, or modeling conditions.
INVOICE
Annual Permit Fee Overdue
*2019PR010719*
Permit Number:NCG550657
Annual Fee Period:
Haywood County
Invoice Date:11/05/2019
18769 Great Smoky Mountains Expressway Due Date:12/05/2019
Annual Fee:$60.00
2019-12-01 to 2020-11-30
Ginger Short
1139 Hyatt Creek Rd
Bryson City, NC 28713
2019PR010719Invoice Number:
Notes:
1.You may pay either by mail with check/money order OR by electronic payment (eCheck or Credit Card).
2.If payment is by check/money order, please remit payment to:
NCDEQ - Division of Water Resources
Attn: Animal/Discharge/Non-Discharge Billing
1617 Mail Service Center
Raleigh, NC 27699-1617
3.If payment is electronic, please see https://deq.nc.gov/epayments/wq to pay electronically. Payments by eCheck will debit your
checking account. Credit card transactions will incur a convenience fee.
4.Please include your Permit Number and Invoice Number on all correspondence.
5.A $25.00 processing fee will be charged for returned checks in accordance with North Carolina General Statute 25-3-512.
6.Non-Payment of this fee by the payment due date will initiate the permit revocation process.
7.Should you have any questions regarding this invoice, please contact the Annual Administering and Compliance Fee
Coordinator at 919-707-3698.
Ginger Short
1139 Hyatt Creek Rd
Bryson City, NC 28713
Invoice Number:
(Return This Portion With Check)
ANNUAL PERMIT INVOICE
Permit Number:NCG550657
Annual Fee Period:
Haywood County Invoice Date:11/5/2019
18769 Great Smoky Mountains Expressway Due Date:12/5/2019
Annual Fee:$60.00
Check Number:
2019-12-01 to 2020-11-30
Overdue
*2019PR010719*
2019PR010719
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with
your permit. It is required of any person holding a permit for any time during the annual fee period, regardless of the facility’s
operating status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid
permit is a violation and is subject to a $10,000 per day fine. If the permit is revoked and you later decide a permit is
needed, you must reapply, with the understanding the permit request may be denied due to changes in environmental,
regulatory, or modeling conditions.
INVOICE
Annual Permit Fee Overdue
*2020PR010702*
Permit Number:NCG550657
Annual Fee Period:
Haywood County
Invoice Date:11/05/2020
18769 Great Smoky Mountains Expressway Due Date:12/05/2020
Annual Fee:$60.00
2020-12-01 to 2021-11-30
Ginger Short
1139 Hyatt Creek Rd
Bryson City, NC 28713
2020PR010702Invoice Number:
Notes:
1.You may pay either by mail with check/money order OR by electronic payment (eCheck or Credit Card).
2.If payment is by check/money order, please remit payment to:
NCDEQ - Division of Water Resources
Attn: Animal/Discharge/Non-Discharge Billing
1617 Mail Service Center
Raleigh, NC 27699-1617
3.If payment is electronic, please see https://deq.nc.gov/epayments/wq to pay electronically. Payments by eCheck will debit your
checking account. Credit card transactions will incur a convenience fee.
4.Please include your Permit Number and Invoice Number on all correspondence.
5.A $25.00 processing fee will be charged for returned checks in accordance with North Carolina General Statute 25-3-512.
6.Non-Payment of this fee by the payment due date will initiate the permit revocation process.
7.Should you have any questions regarding this invoice, please contact the Annual Administering and Compliance Fee
Coordinator at 919-707-3698.
Ginger Short
1139 Hyatt Creek Rd
Bryson City, NC 28713
Invoice Number:
(Return This Portion With Check)
ANNUAL PERMIT INVOICE
Permit Number:NCG550657
Annual Fee Period:
Haywood County Invoice Date:11/5/2020
18769 Great Smoky Mountains Expressway Due Date:12/5/2020
Annual Fee:$60.00
Check Number:
2020-12-01 to 2021-11-30
Overdue
*2020PR010702*
2020PR010702
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with
your permit. It is required of any person holding a permit for any time during the annual fee period, regardless of the facility’s
operating status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid
permit is a violation and is subject to a $10,000 per day fine. If the permit is revoked and you later decide a permit is
needed, you must reapply, with the understanding the permit request may be denied due to changes in environmental,
regulatory, or modeling conditions.
INVOICE
Annual Permit Fee Overdue
*2021PR010978*
Permit Number:NCG550657
Annual Fee Period:
Haywood County
Invoice Date:11/02/2021
18769 Great Smoky Mountains Expressway Due Date:12/02/2021
Annual Fee:$60.00
2021-12-01 to 2022-11-30
Ginger Short
1139 Hyatt Creek Rd
Bryson City, NC 28713
2021PR010978Invoice Number:
Notes:
1.You may pay either by mail with check/money order OR by electronic payment (eCheck or Credit Card).
2.If payment is by check/money order, please remit payment to:
NCDEQ - Division of Water Resources
Attn: Animal/Discharge/Non-Discharge Billing
1617 Mail Service Center
Raleigh, NC 27699-1617
3.If payment is electronic, please see https://deq.nc.gov/epayments/wq to pay electronically. Payments by eCheck will debit your
checking account. Credit card transactions will incur a convenience fee.
4.Please include your Permit Number and Invoice Number on all correspondence.
5.A $25.00 processing fee will be charged for returned checks in accordance with North Carolina General Statute 25-3-512.
6.Non-Payment of this fee by the payment due date will initiate the permit revocation process.
7.Should you have any questions regarding this invoice, please contact the Annual Administering and Compliance Fee
Coordinator at 919-707-3698.
Ginger Short
1139 Hyatt Creek Rd
Bryson City, NC 28713
Invoice Number:
(Return This Portion With Check)
ANNUAL PERMIT INVOICE
Permit Number:NCG550657
Annual Fee Period:
Haywood County Invoice Date:11/2/2021
18769 Great Smoky Mountains Expressway Due Date:12/2/2021
Annual Fee:$60.00
Check Number:
2021-12-01 to 2022-11-30
Overdue
*2021PR010978*
2021PR010978