NC0033600_LM20170010_20170406

Certified Mail # 7015 1520 0003 5463 4804
Return Receipt Requested
Bob B Leatherwood
Silver Bluff Realty LLC
100 Silver Bluff Dr
Canton, NC 28716
April 06, 2017 RRCEIVEDINCDEOIDWR
10 ?017
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. NCO033600
Silver Bluff Realty LLC
Pigeon Valley Rest Home WWTP.
Case No. LM -2017-0010
Haywood County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $327.81 ($211.19 civil penalty +
$116.62 enforcement costs) against Silver Bluff Realty LLC.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Silver Bluff Realty LLC for the month of September 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. NC0033600. The
violations, which occurred in September 2016, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Silver Bluff Realty LLC violated the terms, conditions or
requirements of NPDES WW Permit No. NCO033600 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 Silver
Bluff Realty LLC:
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

$0.00. 0 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0033600, by discharging wastewater into
the waters of the State in violation of the Permit Daily Maximum for BOD - Cone.
$0.00 0 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0033600, by discharging wastewater into
the waters of the State in violation of the Permit Daily Maximum for FCOLI BR.
$75.65 for 1 of the 1 failures to properly monitor BOD - Cone in violation of Permit No. NC0033600.
$72.69 for 1 of the 1 failures to properly monitor FCOLI BR in violation of Permit No. NC0033600.
$62.85 for 1 of the 1 failures to properly monitor TSS - Cone in violation of Permit No. NC0033600.
$211.19 TOTAL CIVIL PENALTY
$116.62 Enforcement Costs
$327.81 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 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 Q 0) 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 (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. William F. Lane, 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 (3 0) 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 atjanet.cantwell@,nedenr.gov.
Sincerelyy�
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
G:SWRiWQlHaynvoal!Waste%vater�3,GnorstSil erBluff-PigeonValleyi3600\L,XS-2017-0O10.rtf

JUSTIFICATION FOR REMISSION REQUEST
Case Number: 1LM-2017-0010 County: Haywood
Assessed Party: Silver Bluff Realty LLC
Permit No.: NC0033600 Amount Assessed: $327.81
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 HAYWOOD
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADI IN]STRATIVE HEARING AND
STIl'ULATION OF FACTS
Silver Bluff Realty LLC )
Pigeon Valley Rest Home )
PERMIT NO. NCO033600 ) CASE NO. LM[ -2017-0010
Having been assessed civil penalties totaling $327.81 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated April 06, 2017, 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

J
ATTACHMENT A
Silver Bluff Realty LLC
CASE NUMBER: LM -2017-0010
PERMIT: NCO033600 REGION: Asheville
FACILITY: Pigeon Valley Rest Home COUNTY: Haywood
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
9/7/2016 9-2016
BOD, 5 -Day (20 Deg.
Weekly
mg/I
45
50.50 12.2
Daily
$0.00
C) - Concentration
Maximum
Exceeded
9/21/2016 9-2016
Coliform, Fecal MF,
Weekly
#/100ml
400
461 15.3
Daily
$0.00
MFC Broth, 44.5 C
Maximum
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
9/3/2016 9-2016
BOD, 5 -Day (20 Deg.
Weekly
mg/I
Frequency
$75.65
C) - Concentration
Violation
9/3/2016 9-2016
Coliform, Fecal MF,
Weekly
#/100ml
Frequency
$72.69
MFC Broth, 44.5 C
Violation
9/3/2016 9-2016
Solids, Total
Weekly
mg/I
Frequency
$62.85
Suspended-
Violation
Concentration

DIVISION OF WATER RESOURCES - CIVII., PENALTY ASSESSMENT (File)
Violator: Silver Bluff Realty LLC
Facility Name: Pigeon Valley Rest Home WWTP
Permit Number: NCO033600
County: Haywood
Case Number: LM -2017-0010
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;
Weekly BOD, Fecal Coliform and TSS were not monitored the week ending 09/03/16 per the
requirements of the NPDES permit.
One Daily Max BOD exceeded the permit limit by 12.22%.
One Daily Max Fecal Coliform exceeded the permit limit by 15.25%.
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.
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 is unknown. -
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.
$116.62
Date
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

EFFLUENT*
NPDESPERMTNO. '.'�'.N00033600 DISCHARGE No. ddi MONTHL September YEAR 2016
FACILITY NAME -Silver Bluff Village CLASS ji COUNTY Haywood
CERTIFIED LABORATORY (1)_Goldie and Associates
(list.additional iabot.ko'n-e-s.pn-the backside/page 2 of this form)
OPERATOR IN RESPONSIBLE CHARGE.(QRQ Gifford C. Raulerson GRADE 2 CERTIFICATION NO. 10126
PERSON(s)COLLEC'T'INGSAMPLES' •'Giff6rdC'Radlerso*n— ORC PffO—Nf, 828-734-65
CHECK BOX IF ORC HAi S CHANCED NOF W I DISCHARGE FROM SITE
M ORIGINAL and ON Ptt&P-,.
Mail 0 ONE
ATT -x: CENTRAL FILES C10127/2016
DIVISION OF WATER J6 QUALffoV g 3 7(i(3NATQ",0F OPERATOR [N RESPUN�SIBLE CHARGE) D—ATT-
1617 MAII, SERVICE CENTE BY . THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS.
PULEIGH. NC 27699-1617
ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
-1 -�- -:.-. -
V V- -j',viS-l0­nT-0rFVFate'r Resources
00/6
N 0V 1 6 2016
............ . 1- . ... ..........
I Dug,
4
Regional OiDerations. i

Facility Siafus (Please check oue of the following) E
All momformg data and sampling frequencies meet permit requirements
(including weekly averages, if applicable)
- �, Compl►ant
` AU monitoring data and Samplma fro encies:do NOT meet permit requn ements ,a/
' � Noncompliant
The peiittee shall report to th� Directox or the appropriate Regional Office any noncompliance that potentially-
TY
otentially , z
_u threatetts pubJ�c health the envu onznent Any infomatron shall be provided'orally,witlnn 24 hours from the tune the
p$rnuttee became awarefthe circumstances A written submission shall also be provided witlrn 5 days o£the fame the
permittee becomes aware9£„ttie circumstances
If the facility is noneomphant, please attach a lust of corrective actions being taken and a tune table for
improvements to be"-"d as required by Part II E 6 of the IVPDBS permit.
certrfy, under penalty of law, that thus docCiment and all attachments were prepared under my?d�rectron of supervision
inAaccordaice witha system designed to assure that qualified personnel properly gather and evaluate tlie,mformation
submitted :Based cin my inquiry of the person or persons who managed the system, or'those persons directly responsible
for gathering the information,,tlie informationsulimitted'ithebest of my tdiowledge'and belief; true, accurate, and a .

RV -1993-0077
12/6/93 $250.00
0
ell)
$0.00 $250.00
$0.00 No
Permit Enforcement History Details by Owner
LV -2002-0265
7/15/02 $250.00
$49.28.
4/6/2017
$0.00 No
8/27/02
•
1
Owner:
Silver Bluff Realty LLC
$299.28
$0.00 No
Facility :
Pigeon Valley Rest Home
10/14/02 $250.00
Permit:
NCO033600
$0.00 No
10/28/02
Region:
Asheville
County Haywood
$100.00
$450.00
Penalty
Remission Enf Enf EMC EMC OAH Collection
Has
12-2006
Assessment
Penalty Enforcement Request Conf Remission Hearing Remission Remission MemoSent
Total Balance Pmt Case
Case
MR Approved
Amount Costs Damages Received Held Amount Held Amount Amount To AGO
Paid Due Plan Closed
Number
$65.07
$515.06
$0.00 No
RV -1993-0077
12/6/93 $250.00
$0.00 $0.00 1/25/94 4/6/94 $0.00
$0.00 $250.00
$0.00 No
7/7/94
LV -2002-0265
7/15/02 $250.00
$49.28.
$299.28
$0.00 No
8/27/02
LV -2002-0305
8/13/02 $250.00
$49.28
$299.28
$0.00 No
8/27/02
LV -2002-0498
10/14/02 $250.00
$49.28
$299.28
$0.00 No
10/28/02
LV -2005-0341
5-2005
5/1/05 $350.00
$100.00
$450.00
$0.00 No
10/4/05
LV -2007-0150
12-2006
4/18/07 $100.00
$130.15
$230.15
$0.00. No
5/3/07
LV -2007-0423
4-2007
11/6/07 $450.00
$65.07
$515.06
$0.00 No
11/16/07
LM -2008-0006
12-2007
3/3/08 $150.00
$65.07
$215.07
$0.00 No
3/25/08
LV -2016-0172
4-2016
8129/16 $350.00
$112.94
$462.94
$0.00 No
9/26/16
LV -2016-0209
6-2016
10/18/16 $100.00
$116.62
3/15/17
$216.62 No
LV -2016-0240
7-2016
11/29/16 $450.00
$116.62
$566.62
$0.00 No
12/21/16
LV -2017-0024
8-2016
1/20/17 $450.00
$11.6.62
$566.62
$0.00 No
2/6117
Total Cases:
12
Total Penalty Amount:
$3,400 Total Enforcement Cost: $970.93
Sum of Total Case Penalties: $4,370.93
Sum Of Total Paid: $4,154.30 Total Balance Due:
Total Penalties After Remissions:
$216.62
$4,370.92