NC0037737_LV20170191_20170627

WaterRes©'tttc'es
R"tiONNENTAL nUALKY
Certified Mail # 7016 1370 0001 6571 8393
Return Receipt Requested
June 27, 2017
Kate Parkerson
Roumelco Properties DBA Nantahala Village
9400 U S Hwy 19 W
Bryson City, NC 28713
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 NCO037737
Roumelco Properties DBA Nantahala Village
Nantahala Village WWTP
Case No LV -2017-0191
Swain County
Dear Permittee
ROY COOPER
0~6r
MICHAEL S. 11EGAN
secutd y
S,,1A.Y ZIMMERMAN
MAXtor
RECEIVEMCDEWWR
JUL 0 6 2017
Water Quality
Permitting Section
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $366.62 ($250 00 civil penalty +
$116 62 enforcement costs) against Roumelco Properties DBA Nantahala Village
This assessment is based upon the following facts a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Roumelco Properties DBA Nantahala Village for the month of October 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 NCO037737 The violations, which occurred in October 2016, are summarized in Attachment A to this letter
Based upon the above facts, I conclude as a matter of law that Roumelco Properties DBA Nantahala Village violated the
terms, conditions or requirements of NPDES WW Permit No NCO037737 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 Roumelco
Properties DBA Nantahala Village
State of North Carolina I Environmental Quality I Water Resources
2090 U S 70 Highway, Swannanoa, NC 28778
828-296-4500

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 thgty (3 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

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2017-0191 County: Swain
Assessed Party: Roumelco Properties DBA Nantahala Village
Permit No.: NC0037737 Amount Assessed: $366.62
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 § 14313-282 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:

PERMIT: NCO037737
FACILITY: Nantahala Village WWTP
LIMIT VIOLATION(S)
ATTACHMENT A
Roumelco Properties DBA Nantahala Village
CASE NUMBER: LV -2017-0191
SAMPLE LOCATION: Outfall 001 - Effluent
REGION: Asheville
COUNTY: Swain
Violation Report
Unit of Limit Calculated % Over Violation Penalty
Date MonthNr Parameter
Frequency Measure Value Value Limit Type Amount
10/31/2016 10-2016 Nitrogen, Ammonia
2 X month mg/I 550 1810 2291 Monthly $25000
Total (as N) -
Average
Concentration
Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File)
Violator: Roumelco Properties DBA Nantahala Village
Facility Name: Nantahala Village WWTP
Permit Number: NCO037737
County: Swain
Case Number: LV -2017-0191
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 Monthly Average Ammonia Nitrogen exceeded the permit limit by 229.09%
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 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 two 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

NPIDES PERMIT NO.: NCO037737 PERMIT VERSION: 4 0
FACILITY NAME: Nantahala Village WWTP CLASS: WW -1
OWNER NAME: Roumelco Properties DBA Nantahala ORC: Mark Fredrick Teague
Village
GRADE: WW -2 ORC HAS CHANGED. No
eDMER PERIOD: 10-2016 (October 2016) VERSION: 10
6� 4��)
PERMIT STATUS: Active
COUNTY: Swain
ORC CERT NUMBER: 10920
STATUS: Processed
SAMTLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
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CHLORINE
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Y/B N
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Dady Minunum 100007
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****NoReporting Reason ENFRUSE=No Flow-Reuse/Recycle, ENVWTHR=No Visitation— Adverse Weather, NOFLOW=No Flow, HOLIDAY =NoVisitation —Holiday