NC0064416_MV-2016-0007_20160627

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DONALD R_'VAN DER VAART
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Watertlesources
eliViR0t414E11ALQUALITY S. MY ZIMMERMAN
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Certified Mail# 7012 1010 0002 1965 6539
Return Receipt Requested
June 27,2016
Gary Clark RECEIVED/NCDEQ/DWR
Cullasaja Homeowner's Association JUN 2 8 2016
1371 Cullasaja Dr
Highlands,NC 28741 Water Quality
Permitting Section
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and NPDES WW Permit No.NC0064416
Cullasaja Homeowner's Association
Cullasaja WWTP
Case No. MV-2016-0007
Jackson County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$232.93 ($119.00 civil penalty+
$113.93 enforcement costs)against Cullasaja Homeowner's Association.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR)
submitted by Cullasaja Homeowner's Association for the month of December 2015. This review has shown the subject
facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.
NC0064416. The violations,which occurred in December 2015, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Cullasaja Homeowner's Association violated the terms,
conditions or requirements of NPDES WW Permit No.NC0064416 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(aX2),a civil penalty may be
assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources,I,G. Landon Davidson,
P.G., Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Cullasaja
Homeowner's Association:
State of North Carolina Environmental Quality I Water Resources
2090 U.S.70 Highway,Swannanoa,NC 28778
828-296-4500

•:
$0.00 for 0 of the 1 failures to properly monitor CHLORINE in violation of Permit No.NC0064416.
$0.00 for 0 of the 1 failures to properly monitor DO in violation of Permit No.NC0064416.
$0.00 for 0 of the 1 failures to properly monitor PH in violation of Permit No.NC0064416.
$75.00 for 1 of the 1 failures to properly monitor TOTAL N-Conc in violation of Permit No.NC0064416.
$44.00 for 1 of the 1 failures to properly monitor TOTAL P-Conc in violation of Permit No.NC0064416.
$119.00 TOTAL CIVIL PENALTY
$113.93 Enforcement Costs
$232.93 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 Conunission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty(30)days of receipt of this notice,you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission,OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

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

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty(30)days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.,except for official state
holidays. The petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions)-provided
the signed original,one(1)copy and a filing fee(if a filing fee is required by NCGS 4150B-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 DEQ as follows:
Mr. Sam M.Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter)on the petition.
Failure to exercise one of the options above within thirty(30)days of receipt of this letter,as evidenced by an internal
date/time received stamp(not a postmark),will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions,please contact Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at(828)296-4667 or via email at [e-mail].
Sincerely,
G.Landon Davidson,P.G.,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS
Cc: WQS Asheville Regional Office-Enforcement File
NPDES Compliance/Enforcement Unit-Enforcement File
Environmental Inc./ORC
0 WR'•WQJackson'WaGaaatee AfinomCullnfaja 140A 6441 Me4o 14-000 nr

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JUSTIFICATION FOR REMISSION REQUEST
Case Number: MV-2016-0007 County: Jackson
Assessed Party: Cullasaja Homeowner's Association
Permit No.: NC0064416 Amount Assessed: $232.93
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. 4 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(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:

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STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF JACKSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Cullasaja Homeowner's Association )
Cullasaja WWTP )
)
PERMIT NO.NC0064416 ) CASE NO. MV-2016-0007
Having been assessed civil penalties totaling$232.93 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated June 27, 2016 the undersigned,desiring to seek remission of the civil penalty, does hereby waive
the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the
notice of assessment.
This the day of 20
SIGNATURE
ADDRESS
TELEPHONE

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ATTACHMENT A
Cullasaja Homeowner's Association
CASE NUMBER: MV-2016-0007
PERMIT: NC0064416 REGION: Asheville
FACILITY: Cullasaja WWTP COUNTY: Jackson
MONITORING VIOLATION(S)
SAMPLE LOCATION: Outfall 001 -Effluent
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
12/5/2015 12-2015 Chlorine,Total 2 X week ug/1 Frequency $0.00
Residual Violation
12/5/2015 12-2015 DO, Oxygen, Dissolved Weekly mg/I Frequency $0.00
Violation
12/31/2015 12-2015 Nitrogen,Total(as N)- Semi-annually mg/I Frequency $75.00
Concentration Violation
12/5/2015 12-2015 pH Weekly su Frequency $0.00
Violation
12/31/2015 12-2015 Phosphorus,Total(as Semi-annually mg/ Frequency $44.00
P)-Concentration Violation

DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT (File)
Violator: Cullasaia Homeowner's Association
Facility Name: Cullasaia WWTP
Permit Number: NC0064416
County: Jackson
Case Number: MV-2016-0007
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State,to the public health,or to private property
resulting from the violation;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
Potential violations may not be revealed with"Failure to Monitor."
2) The duration and gravity of the violation;
Total Nitroxen and Total Phosphorus were not monitored semi-annually per the requirements of the
NPDES permit.
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.
Potential violations may not be revealed with"Failure to Monitor."
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved would include the cost of collection of the additional samples and the cost of
analyzing them at a certified lab.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority;and
There have been no civil penalty enforcements in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$113.93.
ego • Z`-( c to
Date G.Landon Davidson, . ., egional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ

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NPDES PERMIT NO.:NC0064416 PERMIT VERSION:4.0 PERMIT STATUS: 'ye
FACILITY NAME:Cullasaja wvre CLASS:WW-2COUNTY:Jackson
OWNER NAME:Cullasaja Homeovmees Association ORC:Brandon Keith Buchanan ORC CERT NUMBER:1000794
GRADE:WW-2 ORC HAS CHANGED:No
eDMR PERIOD:12-2015(December 2015) VERSION:IS STATUS:Processed
SAMPLING LOCATION: EFFLUENT DIS GE NO.: 001 NO DISCHARGE*: NO
J I / I was awn
1 50060 00310 013610 C0630 31614
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Weekly Weekly Weetly 1
II a Orn Compile Cempnile Composite Gab
OS 411Yiinow 17/11P-C \CI _IOD-Cat NID-N-Cs MS.Can PICCOU
2410 Hn 2400 1ln YAWN me US 4 He He 11101 4/1000i
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2 094000:20 Y 09094 9.4 ,
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4 0920 .0020 Y 0.011 9.6 -
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7 0940 0030 Y 0.0097 9.2 72 <:0 7.6
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0 • 1200 0020 Y 0.0073 _9.5 ,
10 0940 0030 Y 0.0042 9.7
II 1000 00:20 Y 0.0111 10.1 „..
12 0.0098
13 00098 - -
14 0925 00:20 Y 0.0091 9.9 7.4 <10 74
IS 1015 00:20 Y 0.0071 9.7 <10 2.6 0.3 <25 10
16 0935 00:20 Y 0.0031 10
I7 0920 00.20 Y .... 0.0063 9.4
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26 0.0498 H
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27 0.0491
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Min",Amir 0.016671 9.690476 7.325 0 422 1.62 0 11.000823 7325
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Pay laurs: 0.0042 8.9 7.2 0 2.6 0.2 0 3 73
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NPDES PERMIT NO.:NC0064416 PERMIT VERSION:4.0 PERMIT STATUS:Active
FACILITY NAME:CWlssaja W WTP CLASS:WW-2 COUNTY:Jackson
OWNER NAME:CWlasaja Homeowner's Association ORC:Brandon Keith Buchanan ORC CERT NUMBER:1000794
GRADE:WW-2 ORC HAS CHANGED:No
eDMR PERIOD:12-2015(December 2015) VERSION:1.0 STATUS:Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*:NO (Continue)
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41(3 844:34448433
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10 0940 0920 Y
11 1000 0010 Y
12
13
14 0925 0010 Y
IS 1015 0010 Y
16 0935 0010 Y
17 0920 09.20 Y
U 0245 0910
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20
21 1035 0020 Y
22 1010 0010 Y
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ENVIRONMENTAL
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Mailing Address: PO Box 954,Cullowhee,NC 28723
Physical Address: 2675 Skyland Drive,Sylva,NC 28779 5828)586-5588
Physical Address:240-D Swannanoa River Road,AshevilleeNC 28805(828)350-8704
Toll Free: [phone],Fax: [phone],Email: environmentalinc@aoLcor
http://www.environmentalinc.co/
June 14, 2016
North Carolina Department of Environment and Natural Resources
Water Quality Regional Operations-Asheville Regional Office
Attention: Janet Cantwell
2090 US Highway 70
Swannanoa,NC 28778
RE: Notice of Violation& Intent to Assess Civil Penalty
Tracking#:NOV—2016-MV-0078
Cullasaja WWTP
NPDES Permit No.NC0064416
Jackson County
Dear Ms. Cantwell,
Per the Notice of Violation for Cullasaja Club WWTP, the Surfactants (Chlorine
Residual ,Dissolved Oxygen and pH) for the week of 11/29/15-12/5/15 were
inadvertently omitted from the EDMR due to an oversight from our laboratory/office
staff.
We did not sample the TNTP for the period 07/01/15-12/31/15 because we inadverte� ntlx,,
did not sample for the,£ €aet$nt TNE„
I have enclosed a copy of the amended and processed EDMR.
If you have any further questions,please feel free to contact me.
Sincerely,
Mark Teague
Environmental, Inc.