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Home My WebLink AboutNCG551251_NOVNOI2022PC0654 & CEI Report - Attempt #2, came back undeliverable_20221208 Certified Mail # 7022 0410 0002 1249 4011 Return Receipt Requested December 8, 2022 Ronald Longley Mountain Magic 1, LLC 4505 Huckleberry Creek Road Franklin, NC 28734 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2022-PC-0654 Permit No. NCG551251 574 Tryphosa Road Macon County Dear Permittee: The North Carolina Division of Water Resources conducted an inspection of the 574 Tryphosa Road on October 6, 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. NCG551251. 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 _________________________________________________________________________________________________________________________________________________________________________ Permit The permit is expired, and the owner is discharging without a valid permit. [NCGS 143-215.1 (a)(1) – by making an outlet by discharging wastewater into waters of the state without a permit; NCGS 143-215.1 (a)(2) – by constructing or operating any sewer system, treatment works, or disposal system within the state.] The current owner is not listed as the permittee and annual Certificate of Coverage (CoC) permit fees have not been paid since 2014. Change of Ownership form needs to be submitted. [NCG550000 Part I. D. 7. b. Permit Conditions (Operation, Maintenance, & Records) CoCs with unpaid administering and compliance monitoring fees will not be automatically renewed.] _________________________________________________________________________________________________________________________________________________________________________ DocuSign Envelope ID: 9F5F89D7-16A3-41F2-B3A1-327F5507B4A4 _________________________________________________________________________________________________________________________________________________________________________ Septic Tank Maintenance records were not available at the time of the inspection, and haven't been since at least 2016. [NCG550000 Part I. D. 3. b. Permit Conditions (Operation, Maintenance, & Records) 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.] _________________________________________________________________________________________________________________________________________________________________________ A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility’s NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any additional information provided. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you 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: 9F5F89D7-16A3-41F2-B3A1-327F5507B4A4 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 NCG551251 22/10/06 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) 574 Tryphosa Road 574 Tryphosa Rd Otto NC 28763 Entry Time/Date Permit Effective Date Exit Time/Date Permit Expiration Date 11:30AM 22/10/06 07/08/01 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) /// Other Facility Data 12:00PM 22/10/06 12/07/31 Name, Address of Responsible Official/Title/Phone and Fax Number Louis Gasperin,578 Tryphosa Rd Otto NC 28763//828-369-7757/Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance Self-Monitoring Program Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s)Agency/Office/Phone and Fax Numbers Date Melanie Kemp DWR/ARO WQ/ - - / 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: 9F5F89D7-16A3-41F2-B3A1-327F5507B4A4 12/8/2022 12/8/2022 12/8/2022 NPDES yr/mo/day 22/10/06 Inspection Type C3111218 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Lauren Armeni and Melanie Kemp, with the Asheville Regional Office, conducted a Compliance Evaluation inspection of the single-family wastewater disposal system that services 574 Tryphosa Road on October 6, 2022. This inspection was conducted to determine whether the system is being operated and maintained in compliance with General NPDES Permit No. NCG550000. The Certificate of Coverage (CoC) is expired and the current permittee is not listed as the owner. We have not been able to contact the current owner, Mr. Ronald Longley of Mountain Magic 1, LLC, since 2016. Ms. Armeni spoke with Mr. David Cooksey (Property Manager) in July 2021, and he indicated that he mailed the check for the past due invoices as well as the Change of Ownership form to the Central Office in Raleigh. Ms. Armeni inquired with Mr. Charles Weaver (Central Office NPDES Permitting) and he stated that he never received the check or the form. Ms. Armeni never spoke with Mr. Longley. Permit: The CoC is expired and annual permit fees have not been paid since 2014. As your company is now the site owner, any discharge of wastewater from 574 Tryphosa Road is illegal without a valid NPDES permit. The CoC must be transferred from the previous owner (Louis Gasperin) to you (Mr. Ronald Longley of Mountain Magic 1, LLC) in order to be reissued. Complete and submit the provided Change of Ownership form and go to the following website to pay the past due fees: https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/water-quality- online-payments. Alternatively, a check can be mailed to the address provided on the included past due invoices. The amount due for past due annual permit fees is $420.00. Septic Tank: Septic tank maintenance records have not been provided since at least 2016. Mr. Cooksey previously mentioned that the septic tank was checked and pumped, but records were never provided. Septic tanks should be checked at least yearly to determine if solids must be removed or if other maintenance is necessary. The inspection reflects non-compliance with the permit. The following violations were noted during the inspection: 1. Permit: The permit is expired and the owner is discharging without a valid permit. The current owner is not listed as the permittee and annual Certificate of Coverage (CoC) permit fees have not been paid since 2014. Change of Ownership form needs to be submitted. 2. Septic Tank: Maintenance records were not available at the time of the inspection, and haven't been since at least 2016. NCG551251 17 (Cont.) Page#2 DocuSign Envelope ID: 9F5F89D7-16A3-41F2-B3A1-327F5507B4A4 Permit:NCG551251 Inspection Date:10/06/2022 Owner - Facility: Inspection Type: 574 Tryphosa Road 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? All treatment units could not be located or identified. Inspectors could not lift concrete lids. Ms. Armeni was unable to contact the current owner, Mr. Ronald Longley of Mountain Magic 1, LLC. Change of Ownership is needed in order to transfer the Certificate of Coverage (CoC) to the current owner. The permit is currently expired and the current owner is illegally discharging without a valid permit. 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? There were vehicles parked at this property, but no one answered the door to the building at the time of the inspection. It appears that the property also has rental storage units. 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 septic tank could not be located on the property. Since the owner could not be contacted, septic maintenance records have not been provided since at least 2016. See summary for details. Comment: Sand Filters (Low rate)Yes No NA NE (If pumps are used) Is an audible and visible alarm Present and operational? Is the distribution box level and watertight? Is sand filter free of ponding? Is the sand filter effluent re-circulated at a valid ratio? # Is the sand filter surface free of algae or excessive vegetation? # Is the sand filter effluent re-circulated at a valid ratio? (Approximately 3 to 1) Page#3 DocuSign Envelope ID: 9F5F89D7-16A3-41F2-B3A1-327F5507B4A4 Permit:NCG551251 Inspection Date:10/06/2022 Owner - Facility: Inspection Type: 574 Tryphosa Road Compliance Evaluation Sand Filters (Low rate)Yes No NA NE The sand filter could not be located at the time of the inspection. The septic systems appears to be recirculating, but none of the pump components could be evaluated. All pump and alarm systems should be inspected and tested monthly. 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? This system is known to have tablet disinfection, but the tablet chlorinators were not located during the inspection because the concrete lids could not be lifted. Comment: 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? It appeared that the area near the effluent pipe had been cleared, so the effluent pipe was 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)? At the time of the inspection, the effluent pipe was not discharging. The effluent pipe should be checked at least twice per year to determine whether or not the system is discharging. If at any time throughout the year the system is discharging, annual sampling is required. Comment: Page#4 DocuSign Envelope ID: 9F5F89D7-16A3-41F2-B3A1-327F5507B4A4