NC0080098_LV20170185_20170626

„1
Certified Mail # 7016 1370 0001 6571 8331
Return Receipt Requested
June 26, 2017
Dr Andrew Price, LFMC POA President )/()K*
Linville Falls Club Property Association Ince
326 Blue Ridge Dr, N Q t' 17
Marion, NC 28752rm
*Pe►fiitti, y y`
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 G
Linville Falls Club Property Association Inc -o
Linville Falls Mountain Club and Preserve WWTP `D d 2
Case No LV -2017-0185 0 -
McDowell
McDowell County N �,
o
Dear Permittee- 0
o' 10
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $49162 ($375.00 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 January 2017 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 in January 2017, 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 l(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

r h
125.00 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 - Cone.
$250.00 2 of the 2 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 - Cone
$375 00 TOTAL CIVIL PENALTY
$116.62 Enforcement Costs
$491.62 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 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.I(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 (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

n
Option 3: File a petition for an administrative hearing with the Office of Administrative Hearinp_s:
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 § 15 OB -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 regardmg the filing fee and/or the details of the
filing process.
The mailmg 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/tune 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 at janet.cantwell@ncdenr gov
Sincerely,
G. Landon Davidson, P G., Regional Superviso
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 \1VRrii'Q\McDowell\�Ya,ta��atei`,I�Lnors�Lnrvtlle Fulls Blue lodge Cuuntry Club 8009311-4-2U17.0185 iti

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2017-0185 County: McDowell
Assessed Party: Linville Falls Club Property Association Inc
Permit No.: NC0080098 Amount Assessed: $491.62
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.0 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.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
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Linville Falls Club Property Association Inc
Linville Falls Mountain Club and Preserve
PERMIT NO. NCO080098
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV -2017-0185
Having been assessed civil penalties totaling $491.62 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
SIGNATURE
ADDRESS
TELEPHONE

t ATTACHMENT A
Linville Falls Club Property Association Inc
CASE NUMBER: LV -2017-0185
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
1/4/2017
1-2017 BOD, 5 -Day (20 Deg
Weekly
mg/I
15
2080
387
Daily
$12500
C) - Concentration
Maximum
Exceeded
1/4/2017
1-2017 Solids, Total
Weekly
mg/I
750
10
333
Daily
$12500
Suspended-
Maximum
Concentration
Exceeded
1/13/2017
1-2017 Solids, Total
Weekly
mg/I
750
2570
2427
Daily
$12500
Suspended-
Maximum
Concentration
Exceeded

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: LV -2017-0185
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 38.66%.
Two Daily Max TSSs exceeded the permit limit by 33.33% & 242.66%.
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 five 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 PERNHT NO.: NCO080098 PERMIT VERSION: 4 0 PERMIT STATUS: Active
FACILITY NAME: Linville Falls Mountain Club and CLASS: WW -2 COUNTY: McDowell
Preserve
OWNER NAME: Linville Falls Club Property ORC: Robert Gross Rowe ORC CERT NUMBER: 999739
Association Inc
GRADE: WW -2 ORC HAS CHANGED: No
eDMR PERIOD- 01-2017 (January 2017) VERSION. 2 0 STATUS. Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
****No Reporting Reason ENFRUSE=No Flow-Reuse/Recycle, ENVWTHR=NoVisltation— Adverse Weather, NOFLOW=No Flow, HOLIDAY =No Visitation —Holiday
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50060
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CHLORINE
310
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Composite
BOD-Coa
C0610
Weekly
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NH3-N-Cone
71
C0530
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Tss-Cone
31636
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FCOLIBR
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****No Reporting Reason ENFRUSE=No Flow-Reuse/Recycle, ENVWTHR=NoVisltation— Adverse Weather, NOFLOW=No Flow, HOLIDAY =No Visitation —Holiday
971c— ' O/o',

A
NPDES PERMIT NO.: NC0080098 PERMIT VERSION: 4 0 PERMIT STATUS: Active
FACILITY NAME: Linville Falls Mountain Club and CLASS: WW -2 COUNTY: McDowell
Preserve
OWNER NAME: Linville Falls Club Property ORC: Robert Gross Rowe ORC CERT NUMBER: 999739
Association Inc
GRADE: WW -2 ORC HAS CHANGED: No
eDMR PERIOD: 01-2017 (January 2017) VERSION: 2 0 STATUS- Processed
Report Comments.
On the 4th, TSS data valid, Duplicate exceeded QC criteria ON the 4th, 13th, 17th, 23rd, 24th, 25th, 30th and 31 st, BOD data valid, Blank was >0 20mg/L On the 17th, BOD
data valid, RPD>30%
*Revised to explain why your facility exceeded the permit discharge hm-ts on the following items BOD, 20 8 mg/l on the 4th Compliant monthly average Total Suspended
Solids, 10 0 mg/I on the 4th and 25 7 mg/1 on the 13th This gave three daily maximum violations and did not give a monthly violation We determined that the cause of the
violation was probably due to sporadic influx of cleaning supplies from the individual residents and the businesses We have made a push to remove any toxic household
chemicals from entering the facility The situation has greatly improved