NC0080098_LV20170184_20170626

IWaterAosourGes
ENVI tGNMONVACnVAI-rTv
Certified Mail # 7016 1370 0001 6571 8324
Return Receipt Requested
Dr. Andrew Price, LFMC POA President
Linville Falls Club Property Association Inc
ROY COPPER
0)VIMr
MICHAEL S. MEGAN
sasetarr
Sf JA's ZIMMERMAN
MrMor
June 26, 2017
REGaNEDIt4GDEQIDWR
JUN 3 0 2017
326 Blue Ridge Dr Water Quallty
Marion, NC28752 Permltting SectlOn
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 NCO080098
Linville Falls Club Property Association Inc
Linville Falls Mountain Club and Preserve WWTP
Case No LV -2017-0184
McDowell County
Dear Permittee -
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $466 62 ($350 00 civil penalty +
$116 62 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 December 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 NCO080098 The violations, which occurred to December 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
828-296-4500

$100.00 1 of the 2 violations of 143-215 l (a)(6) and Permit No NC0080098, by discharging waste water into
the waters of the State in violation of the Permit Daily Maximum for BOD - Cone.
$250.00 1 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 - Cone.
$350.00 TOTAL CIVIL PENALTY
$116.62 Enforcement Costs
$466 62 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 properly
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 thgty (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
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 in. 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 (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 evil 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 at janet [e-mail].
Sincerely,
G. Landon Davidson, P.G , Regional Su ervisor
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 \1VR1�VQ IdcDoKell\4Vastana[ei^bitnoie`Lm4dle Falls Blue Ridge Country Club 80098,LV-2 17-0184 in

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2017-0184 County: McDowell
Assessed Party: Linville Falls Club Property Association Inc
Permit No.: NC0080098
Amount Assessed: $466.62
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. § 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.0 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. LV -2017-0184
Having been assessed civil penalties totaling $466.62 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated June 26, 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 (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
EMIT-BUTM
TELEPHONE
SIGNATURE

ATTACHMENT A
Linville Falls Club Property Association Inc
CASE NUMBER: LV -2017-0184
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
MonthNr Parameter
Frequency
Measure
Value
Value
Limit
Type
Amount
12/7/2016
12-2016 BOD, 5 -Day (20 Deg
Weekly
mg/I
15
2560
707
Daily
$10000
C) - Concentration
Maximum
Exceeded
12/15/2016
12-2016 BOD, 5 -Day (20 Deg
Weekly
mg/I
15
1760
173
Daily
$000
C) - Concentration
Maximum
Exceeded
12/31/2016
12-2016 BOD, 5 -Day (20 Deg
Weekly
mg/I
10
1440
435
Monthly
$25000
C) - Concentration
Average
Exceeded

DIVISION OF WATER RESOURCES - CIVIIL 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: LV -2017-0184
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;
Two Daily Max BODs exceeded the permit limit by 70.66% & 17.33%.
One Monthly Average BOD exceeded the permit limit by 43.47%.
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 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

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. 12-2016 (December 2016)
PERMIT VERSION: 4 0
CLASS: WW -2
ORC: Robert Gross Rowe
ORC HAS CHANGED: No
VERSION: 10
4 ( *n)
PERMIT STATUS: Acriv
COUNTY: McDowell
ORC CERT NUMBER: 999739
STATUS: Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
r\1
q
eX
H
a
Cg
c,
e
u
H°
F'
g
Q
t
uu
O
a
a
z
50050
Continuous
Recorder
FLOW
00010
Weekly
Grab
TEMP -C
00400
Weekly
Grab
JPH
50060
2Xweek
Greb
CHLORINE
C0310
Weekly
Composite
HOD -Con
C0610
Weekly
Composite
NH3-N-Cone
C0530
Weekly
Composite
TSS -Cone
31616
Weekly
Grab
FCOLI RR
00300
Weekly
Grab
DO
2400 clock
Hrs
2400 dock
Hrs
Y/H/N
mgd
deg c
su
ugll
mg/1
019/1
#/100011
mg/l
1
1355
05
Y
001
85
2
1035
05
Y
00067
106
71
3
00092
4
00092
5
1315
05
Y
00092
115
71
< 15
6
0920
105
Y
00061
7
0915
05
Y
0014
102
73
<15
256
509
312
<1
8
1420
075
Y
00097
10
72
884
9
0830
05
Y
0 004
10
00076
11
00076
12
1405
075
Y
00076
87
72
< 15
13
1535
OS
Y
00081
14
1355
Jos
Y
00063
< 15
812
15
1210
05
Y
00059
82
73
/ 176
393
42
<1
16
1010
05
Y
00043
17
00088
18
00088
19
1705
05
Y
00088
< 15
20
10945
Jos
Y
1
00041
173
71
651
1177
449
< 1
21
1140
05
Y
00081
265
69
<15
889
22
1035
05
Y
00084
23
00093
H
H-
H
H
H
IH
HH
24
00093
25
100093
26
00093
H
H
H
H
H
H
H
H
27
00093
H
H
H
H
H
H
H
H
28
1100
05
Y
00093
< 15
29
1035
05
Y
00092
15
74
<15
768
264
643
<1
771
30
1550
05
Y
001
31
001
Monthly Average Limit 0025
30
4
5
100
Monthly Average
0008306
13 111111
0
143475
.33 75
456
1
8 412
Dady Muimum
0014
265
74
0
256
1509
643
0
889
Daily Mmimum
0,004
82
69
0
651
177
1312
0
7 71
****NoReporting Reason ENFRUSE=No Flow-Reuse/Recycle, ENVWTHR=No Visitation— Adverse Weather, NOFLOW=No Flow, HOLIDAY=NoVisitation —Holiday
.11 Nab

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: 12-2016 (December 2016)
PERMIT VERSION: 4 0
CLASS: WW -2
ORC: Robert Gross Rowe
ORC HAS CHANGED: No
VERSION. 10
PERMIT STATUS: Active
COUNTY: McDowell
ORC CERT NUMBER: 999739
STATUS: Processed
Report Comments:
On the 15th and 20th, BOD data valid, Blank was >0 20mg/L. On the 7th, BOD data valid, GGA was greater than 228 5mg/L Your permit has both a monthly maximum and a
daily maximum Your facility exceeded the permit discharge lmuts on the following items BOD, 25.6 on the 7th and 17 6 on the 18th, with a monthly violation being 14 3
mgt There were two daily maximum violations during the month and this did give a monthly violation Air adjustments were made to the wastewater facility and the facility
was wasted once the results were known The water quality was pristme to the eye and quickly dropped into compliance in December The owner has researched with the
homeowners for any culprit that may be causing elevated numbers - They have confirmed cleaning agents, additives and samtizers among other items The homeowners continue
to strive to find and eliminate any causes that are detrimental to the system

ro�) .
Permit Enforcement History Details by Owner Cr ef
6/23/2017
1
e
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 - Has
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 Pard Due Plan Closed
Number
LV -2003-0080
12-2002
2/7/03 $2,05000
$10000
3/4/03 4/2/03 $000 7/10/03 $000 $2,15000
$0 00 No
8/22/03
LV -2003-0314
11-2002
3119/03 $50000
$10000
$60000
$0 00 No
4/16/03
LV -2006-0144
8-2005
5/19106 $45000
$10000
$55000
$000 No
4/12107
LV -2006-0401
7-2006
10/17/06 $10000
$20857
$30857
$000 No
2/28/07
LV -2007-0089
10-2006
3/5/07 $35000
$20856
$55856
$000 No
3/27/07
LV -2008-0314
11-2007
8/22/08 $70000
$7000
3/31/09
$000 No
2/16/11
LV -2010-0151
12-2009
5/14/10 $250 00
$6700
6/5/10 8/7/10 $10000 5/12/11 $10000 9/14/11
$0 00 No
1/24/14
MV -2011-0015
9-2010
3/24/11 $172 00
$6700
$23900
$0 00 No
5/19/11
LV -2011-0166
12-2010
6/16/11 $35000
$6700
$41700
$0 00 No
10/18/11
LV -2011-0219
1-2011
8/26/11 $1,10000
$13400
9110/11 $1,23400
$0 00 No
9/21/11
LV -2011-0285
4-2011
11/10/11 $30000
$14200
12/12/11 8/17112 $15000 $29200
$0 00 No
9/4/12
LV -2015-0112
3-2015
7/20/15 $25000
$15926
$409 26 No
LV -2016-0028
6-2015
1/27/16 $45000
$15926
$60926
$0 00 No
5/2/16
LM -2016-0008
8-2015
3/3/16
$10000
$15822
10/31/16 $258 22 No
LM -2016-0012
11-2015
6/1/16
$35000
$11393 7/5/16 10/4/16 $000
$463 93 No
LM -2016-0018
3-2016
8/29/16
$100 00
$11294 919116 10/4/16
$21294 $0 00 No 10/5/16

LV -2017-0091 9-2016 3/30/17 $450 00 $11662
LV -2017-0106 10-2016 3/31/17 $800 00 $11662
4/25/17 6/6/17 $000
4/25/17 6/6/17 $000
6/23/2017
2
$566 62 No
$91662 No
LV -2017-0178 11-2016 6/22/17 $100 00 $11662 $216 62 No
Total Cases 19 Total Penalty Amount $8922 Total Enforcement Cost $2,31760 Sum Of Total Paid $7,171 33
Total Balance Due $2,831 27
Sum of Total Case Penalties $11,23960 Total Penalties After Remissions $10,00260