NC0059200_LV-2015-0061_20150427

Arai
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R.van der Vaart
Governor Secretary
Certified Mail#7014 0510 0000 4466 0592
Return Receipt Requested
April27,2015 RECEIVEDIDENRIDWR
Freddie Boan MAY 5 2015
Trillium Links&Village LLC
One Trillium Ctr Water Qu_
Permitting Secfion
Cashiers,NC 28717
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and NPDES Permit No.NC0059200
Trillium Links&Village LLC
Trillium Links&Village WWTP
Case No.LV-2015-0061
Jackson County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$359.26($200.00 civil penalty
+$159.26 enforcement costs)against Trillium Links&Village LLC.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report
(DMR) submitted by Trillium Links & Village LLC for the month of November 2014. This review has shown the
subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No.
NC0059200. The violations,which occurred in November 2014,are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Trillium Links & Village LLC violated the terms,
conditions or requirements of NPDES Permit No. NC0059200 and G.S. 143-215.1(a)(6) in the manner and extent
shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may
be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S.
143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water
Resources, I, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil
penalty assessment against Trillium Links&Village LLC:
2090 U.S.70 Highway.Swannanoa,NC 28778
Phone:[phone] \Internet:www.ncdenr.gov<http://www.ncdenr.gov>
An Equal Opportunity'.Affirmative Action Employer-Made in part by recycled paper

$100.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0059200, by discharging
waste water into the waters of the State in violation of the Permit Daily Maximum for FEC COLL
$100.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0059200, by discharging
waste water into the waters of the State in violation of the Permit Daily Maximum for TSS-Conc.
0.00 0 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0059200, by discharging
waste water into the waters of the State in violation of the Permit Monthly Average for TSS -
Conc.
$200.00 TOTAL CIVIL PENALTY
$159.26 Enforcement Costs
$35926 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact
and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority;and
(8) The cost to the State of the enforcement procedures.
Within thirty(30)days of receipt of this notice,you must do one of the following:
(1) Submit payment of the penalty,OR
(2) Submit a written request for remission,OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of 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:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
2

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained
in the civil penalty assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation
and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why
you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed
below. In determining whether a remission request will be approved,the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations;or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of the Division of Water Resources will review your evidence and inform you of his decision
in the matter of your remission request. The response will provide details regarding the case status, directions for
payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee
on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very important that you
prepare a complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this
•
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
3

•
Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file
the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is
considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.,
except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file
(with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS
§150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed ,
or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the
filing fee and/or the details of the filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One(1)copy of the petition must also be served on DENR as follows:
Mr. Sam M.Hayes,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.
1
9
4

If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at(828)296-4667 or via email at [e-mail].
Sincerely,
for S.Jay Zimmerman,P.G.
Director,Division of Water Resources,NCDENR
By G.Landon Davidson,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDENR
ATTACHMENTS
Cc: WQS Asheville Regional Office-Enforcement File (w/attachments)
NPDES Compliance/Enforcement Unit-Enforcement File (w/attachments)
Central Files,Water Quality Section (w/attachments)
•
5

JUSTIFICATION FOR REMISSION REQUEST
1
Case Number: LV-2015-0061 County: Jackson
Assessed Party: Trillium Links&Village LLC
Permit No.: NC0059200 Amount Assessed: $359.26
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For
Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of
this civil penalty. You should attach any documents that you believe support your request and are necessary for the
Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty
assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the
accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. §
143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply.
Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of
supporting documents,as to why the factor applies(attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to
the detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain '
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:
• 4

•
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF JACKSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Trillium Links&Village LLC )
Trillium Links&Village WWTP )
)
PERMIT NO.NC0059200 ) CASE NO. LV-2015-0061
Having been assessed civil penalties totaling $359.26, for violation(s) as set forth in the assessment document of the
Division of Water Resources dated April 27, 2015, the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an suiministrative hearing in the above-stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days
from the receipt of the notice of assessment.
This the day of ,20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Trillium Links&Village LLC
CASE NUMBER: LV-2015-0061
PERMIT: NC0059200 FACILITY: Trillium Links&Village WWTP COUNTY: Jackson REGION: Asheville
Limit Violations
MONITORING OUTFALL I VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$100.00 11-2014 001 Effluent FEC COLI 11/25/14 Weekly #/100m1 400 600 50.0 Daily Maximum Exceeded
$100.00 11-2014 001 Effluent TSS-Conc 11/25/14 Weekly mg/I 30 42 40.0 Daily Maximum Exceeded
$0.00 11-2014 001 Effluent TSS-Conc 11/30/14 Weekly mg/I 20 20.10 0.3 Monthly Average Exceeded

DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT(FILE)
Violator: Trillium Links&Village/NC0059200
(November 2014 DMR)
County: Jackson
Case Number: LV-2015-0061
8 ASSESSMENT FACTORS
As required by G.S.143-214.6A(c),in determining the amount of the penalty I considered the factors
set out in G.S. 143B-282.1(b),which are:
•
1) The degree and extent of harm to the natural resources of the State,to the public health,or to
private property resulting from the violation;
All effluent violations may be detrimental to the receiving stream but may not
be immediately quantified.
2) The duration and gravity of the violation;
One Daily Max Fecal exceeded the permit limit by 50%.
One Daily Max TSS exceeded the permit limit by 40%.
One Monthly Average TSS exceeded the permit limit by 0.25%. •
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not
be immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved would include the cost of excess solids removal •
and additional aeration. It would also include more operating and maintenance
time on site and the cost of additional chemical treatment.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority;and
There have been no civil penalty enforcements in the twelve months prior to
this violation.
8) The cost to the State of the enforcement procedures.
$159.26.
Date G.Landon Davidson,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office, NCDENR

EFFLUENT
NPDES NO: NCO059200 DISCHARGE NO- 001
FACILITY NAME: Trillium Links $ Village CLASS:
OPERATOR IN RESPONSIBLE CHARGE (ORC): Michael Beck GRADE:
CERTIFIED LABORATORIES (1): Enviromental Testing Solutions (2)
CHECK BOX IF ORC HAS CHANGED: PERSON(S) COLLECTING SAMPLES:
.-e'&v�e
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MONTH: November YEAR: 2014
II COUNTY: Jackson
IV Phone: [phone]
Pace Analytical
Michael Beck
MAIL ORIGINAL AND ONE COPY TO:
ATTN: CENTRAL FILE
Division of Water Quality AN 16 2015 A _ 1,(�
DENR X 'jA- V'�'1 T I
1617 Mail Service Center (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) DATE
Raleigh, NC 27699-1617 BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS
ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
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Facility Status:(Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements X
Noncompliant
If the 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.
Fecal and TSS result was out of compliance on 11-25 due to denitrification In final clarifiers.
Changed operation of plant by Increasing Ras rates.
"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."
Trillium Links&Village,LLC
PeRrr• ase nt or type) / I
Signature of Permittee"" Date
P.O.Box 2644 Cashiers,NC 28717 828-743-9951 12131/12
Permittee Address Phone Number Permit Exp.Date
PARAMETER CODES
00010 Temperature 00556 Oil&Grease 00951 Total Flouride 01067 Nidcel 50060 Total
00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver Residual
00080 Color(Pt-Co) 00610 Ammonia Nitrogen 01092 Zinc Chlorine
00082 Color(ADMI) 00625 Total Kjeldhal 01027 Cadium 01105 Aluminum
Nitrogen
00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent Chromiur 01147 Total Selenium 71880 Formaldehyde
00300 Dissolved Oxygen 01034 Chromium 31616 Fecal Coliform 71900 Mercury
00310 BOD5 00665 Total Phosphorous 32730 Total Phenolics 81551 Xylene
00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene
00400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene
00530 Total Susppendec 00927 Total Magnesium 38260 MBAS
Residue 00929 Total Sodium 01045 Iron 39516 PCBs
00545 Settleable Matter 00940 Total Chloride 01051 Lead 50050 Flow
Parameter Code assistance may obtained by calling the Water Quality Compliance Group at(919)733-5083,extension 581 or 534.
The monthly average for fecal coliform is to be reported as a GEOMETRIC mean.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 8A.0202(b)(5)(B).
**If signed by other than the permittee,delegation of signatory authority must be on file with the state per 15A NCAC 28.0506(b)(2)(D).

'• ��
Conanidlonlervices4- • Ce
March 27,2015
Mr.Landon Davidson
North Carolina Department of
Environment and Natural Resources
Water Quality Section
2090 U.S.Highway 70
Swannanoa,NC 28778
Re: Notice of Violation
NOV-2015-LV-0175
NPDES Permit NC0059200 Trillium Links&Village LLC
Jackson County
Dear Mr.Davidson,
This letter is written on behalf of the Trillium Links&Village LLC to provide
information as to remedial action taken to the above referenced facility. RPB Systems,
Inc. is the contract operations firm,which operates this facility.
As outlined in your March 20,2014 letter the treatment plant exceeded the daily TSS
limit of 30 mg/1 with a 42 mg/L and monthly limit of 20 mg/L with a 20.05 mg/L. We
also were non-compliant with a daily fecal of 600#/100m1 with a daily limit of
400#/100m1.
As stated on the back of the DMR the TSS exceedance was due to denitrification in the
clarifier and adjusted RAS rates. We also adjusted the tablet concentration in the tablet
chlorinator to correct the fecal issue.
I trust you will call if you have any further questions or concerns.
`RoIerf Barr
Robert Barr
Cc:Freddie Boan
Mike Beck
File •
P.O.Box 1325 Asheville,N.C.28802
(828)-251-1900 (828)-251-1945