NC0080098_LM20160018_20160829 (2)

Certified Mail # 7014 0510 0000 4466 4552
Return Receipt Requested
August 29, 2016
Dr. Andrew Price
Linville Falls Club Property Association Inc REGEWEDINCDEQI . VV
135 Blue Ridge Drive, N SEP 0 7 2016
Marion, NC 28752
Water QLiaiit r
�'ebs�wirer�c� ��ctior►
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.l(a)(6)
and NPDES WW Permit No. NCO080098
Linville Falls Club Property Association Inc
Linville Falls Mountain Club and Preserve WWTP
Case No. LM -2016-0018
McDowell County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $212.94 ($100.00 civil penalty +
$112.94 enforcement costs) against Linville Falls Club Property Association Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Linville Falls Club Property Association Inc for the month of March 2016. 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.
NC0080098. The violations, which occurred in March 2016, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Linville Falls Club Property Association Inc violated the
terms, conditions or requirements of NPDES WW Permit No. NCO080098 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 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 Linville
Falls Club Property Association Inc:
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-2964500

$100.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0080098, by discharging wastewater into
the waters of the State in violation of the Permit Daily Maximum for BOD - Conc.
$0.00 0 of the 1 violations of 143-215.1(a)(6) and Permit No.N00080098, 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 Permit No.NC0080098, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for BOD - Conc.
$0.00 0 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0080098, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for TSS - Conc.
$0.00 for 0 of the 1 failures to properly monitor CHLORINE in violation of Permit No. NC0080098.
$100.00 TOTAL CMI, PENALTY
$112.94 Enforcement Costs
$212.94 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. I (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 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

i
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 thity (30) dgys 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

p
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 (3 0) 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 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 [phone] or via email [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
James & James Environmental/ ORC
G';LVW,%VQtbicDowelC,Wastewatert.'�iinorslitiville Palk Blue Ridge Country Club 80093EN-1- 016-0013.rtf

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LM -2016-0018 County: McDowell
Assessed Party: Linville Falls Club Property Association Inc
Permit No.: NC0080098 Amount Assessed: $212.94
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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Linville Falls Club Property Association Inc )
Linville Falls Mountain Club and Preserve )
PERMIT NO. NCO080098 ) CASE NO. LM -2016-0018
Having been assessed civil penalties totaling $212.94 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated August 29, 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 (3 0) 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
SIGNATURE
20
G/

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
3/5/2016 3-2016 Chlorine, Total 2 X week ug/I Frequency $0.00
Residual Violation
ATTACHMENT A
Linville Falls Club Property Association Inc
CASE NUMBER: LM -2016-0018
PERMIT:
NCO080098
REGION:
Asheville
FACILITY:
Linville Falls Mountain Club and Preserve
COUNTY:
McDowell
LIMIT 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
3/17/2016
3-2016 BOD, 5 -Day (20 Deg.
Weekly mg/I 15
25.20
68.0
Daily Maximum
$100.00
C) - Concentration
Exceeded
3/31/2016
3-2016 BOD, 5 -Day (20 Deg.
Weekly mg/l, 10
10.60
5.8
Monthly
$0.00
C) - Concentration
Average
Exceeded
3/28/2016
3-2016 Solids, Total
Weekly mg/I 7.50
7.70
2.7
Daily Maximum
$0.00
Suspended-
Exceeded
Concentration
3/31/2016
3-2016 Solids, Total
Weekly mg/I 5
5.40
7.3
Monthly
$0.00
Suspended-
Average
Concentration
Exceeded
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
3/5/2016 3-2016 Chlorine, Total 2 X week ug/I Frequency $0.00
Residual Violation

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT; (FILE)
Violator: Linville Falls Club Property Association Inc
Facility Name: Linville Falls Mountain Club and Preserve WWTP
Permit Number: NCO080098
County: McDowell
Case Number: LM -2016-0018
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.
2) The duration and gravity of the violation;
One Daily Max BOD exceeded the permit limit by 68 %.
One Monthly Average BOD exceeded the permit limit by 5.85%.
One Daily Max TSS exceeded the permit limit by 2.66%.
One Monthly Average TSS exceeded the permit limit by 7.25%.
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.
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 four civil penalty enforcements in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$112.94.
Date G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section .
Asheville Regional. Office
Division of Water Resources, NCDEQ

+ ****NNoR �l,,td�Q=Reasori:EIVF UBE=No FlowPwuse/Recycle; ENVWTHR=No Visitation -Adverse Weather; NOFLOW=No Flow; HOLIDAY=No Visitation -Holiday
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PERMIT VERSION: 4.0
PERMITTATUS: Active
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FACILITY NAME: Linville Falls Mountain Club and
CLASS: WW -2
COUNTY: McDowell
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OWNER NAME: Linville Falls Club Property
ORC: Robert Gross Rowe
ORC CERT NUMBER: 999739
Association Inc
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GRADE: W W-2
ORC HAS CHANGED: No
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eDMR PERIOD: 03-2016 (Match 2016)
VERSION: 1.0
STATUS: Processed
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SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
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C0610
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Monthly Average Limit:
0.025
10
4
5
100
Monthly Average:
0.004742
13.74
0
10.585
128
53625
2.091279
8.6
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6

NPDES PERMIT NO.: NCO080098
FACILITY NAME: Linville Falls Mountain Club and
Preserve
OWNER NAME: Linville Falls Club Property
Association Inc
GRADE: WW -2
eDMR PERIOD: 03-2016 (March 2016)
COMPLIANCE: Compliant
PERMIT VERSION: 4.0
CLASS: WW -2
ORC: Robert Gross Rowe
ORC HAS CHANGED: No
VERSION: 1.0
CONTACT PHONE #: [phone]
PERMTT STATUS: Active
COUNTY: McDowell
ORC CERT NUMBER: 999739
STATUS: Processed
SUBMISSION DATE: 04/25/2016
. . i
04/25/2016
ORC/Certifier Signature: Robert Rowe E-Mail:[e-mail] Phone #:[phone] Date
By this signature, I certify that this report is accurate and complete to the best of my knowledge.
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment.
Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the permittee becomes aware of the circumstances.
If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part II.E.6 of
the NPDES permit.
(A 04/25/2016
Permittee/Submitter Signature:*** aanita James E-"il:[e-mail] Phone #.:[phone] Date
Permittee Address: 17677 Hwy 221 N Rt 3 Box 295 Marion NC 28752 Permit Expiration Date: 12/31/2019
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 managed 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.
CERTIFIED LABORATORIES
LAB NAME: James & James Environmental Mgt., Inc. and Research & Analytical Labortories, Inc.
CERTIFIED LAB #: 482 & 34
PERSON(s) COLLECTING SAMPLES: Robert Rowe
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Unit [phone] or by visiting http://portal.ncdear.org/web/wq/swp/ps/npdes/forms.
FOOTNOTES
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR
for entire monitoring period
** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204.
*** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B
.0506(b)(2)(D).

Permit Enforcement History Details by Owner
Owner:
Linville Falls Club Property Association Inc
Facility :
Linville Falls Mountain Club and Preserve
Permit:
NCO080098
Region :
Asheville County McDowell
Penalty Remission Enf Enf EMC EMC OAH - Collection
Assessment Penalty Enforcement Request Conf Remission Hearing Remission Remission MemoSent Total
Case MR Approved Amount Costs Damages Received Held Amount Held Amount Amount To AGO
Number Paid
8/29/2016
1
Has
Balance Pmt Case
Due Plan Closed
LV -2003-0080 12-2002 2/7/03 $2,050.00 $100.00 3/4/03 4/2/03 $0 7/10/03 $0.00 $2,150.00 $0.00 No 8/22/03
LV -2003-0314
11-2002
3/19/03
$500.00
$100.00
$600.00
$0.00
No
4/16/03
LV -2006-0144
8-2005
5/19/06
$450.00
$100.00
$550.00
$0.00
No
4/12/07
LV -2006-0401
7-2006
10/17/06
$100.00
$208.57
$308.57
$0.00
No
2/28/07
LV -2007-0089
10-2006
3/5/07
$350.00
$208.56
$558.56
$0.00
No
3/27107
LV -2008-0314
11-2007
8/22/08
$700.00
$70.00
3/31/09
$0.00
No
2/16/11
LV -2010-0151
12-2009
5/14/10
$250.00
$67.00
6/5/10 8/7/10 $100 5/12/11 $100.00 9/14/11
$0.00
No
1/24/14
MV -2011-0015
9-2010
3/24/11
$172.00
$67.00
$239.00
$0.00
No
5/19/11
LV -2011-0166
12-2010
6/16/11
$350.00
$67.00
$417.00
$0.00
No
10/18/11
LV -2011-0219
1-2011
8/26/11
$1,100.00
$134.00
9/10/11 $1,234.00
$0.00
No
9/21/11
LV -2011-0285
4-2011
11/10/11
$300.00
$142.00
12/12/11 8/17/12 $150 $292.00
$0.00
No .
9/4/12
LV -2015-0112 3-2015 7/20/15 $250.00 $159.26
$409.26 No.
LV -2016-0028
6-2015
1/27/16
$450.00
$159.26
$609.26 $0.00
No 5/2/16
LM -2016-0008
8-2015
3/3/16
$100.00
$158.22
$258.22
No
LM -2016-0012
11-2015
6/1/16
$350.00
$113.93
$463.93
No

Total Cases: 15 Total Penalty Amount: $7,472 Total Enforcement Cost: $1854.80
Sum of Total Case Penalties: $9,326.80
Sum Of Total Paid: $6,958.39 Total Balance Due: $1,131.41
Total Penalties After Remissions: $8,089.80
8/29/2016