NC0080098_LM20160018 Justification for Remission Request_20160909

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JUSTIFICATION FOR REMISSION REQUEST RECEIVEDAMENWR
Case Number: LM -2016-0018
Assessed Party: Linville Falls Club Property Association Inc
Permit No.: NCO080098
SEP 0 9 2016
County: McDter Quality
l`t fitting Section
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. 14313-282.1(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: A, Q -da c k-

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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 1
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 (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 /" y l , 20J
ADDRESS
SIGNATdAE
James & James
Lnvironmental Management, Inc.
P. O. Box 519
Mountain Home, NC 28758
TELEPHONE
k 2 9-L T) 40 6 3

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JAMES & JAMES ENVIRONMENTAL MANAGEMENT, IN*
PO BOX 519, MOUNTAIN HOME, NC 28758
[phone] OFFICE
[phone] FAX
September 7, 2016
Surface Water Protection Section
Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, NC 28778
RE: Linville Falls
NPDES Permit No. NC0080098
NOV-LM-2016-0018
Dear Mr. Davidson,
This letter is in response to the above NOV dated August 29, 2016 and received by James & James on or
about September 6, 2016. The violation was for the month of March, 2016.
The elevated BOD -5 Day was collected on the 17th of March, 2016 and was compliant for the monthly
average. Repairs to the tertiary system were already underway. The pumps for the mud well and the
backwash system were on order. A total refurbish of the tertiary system was completed in July, 2016 once
the equipment arrived. The sand and anthracite was also replaced. A large sum was put into the repair of
the facility and we would appreciate any consideration of the assessment.
Thank you for your attention to this matter.
With highest regards,
Juanita James