NC0080098_LV20170184 Remission Request_20170801

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JUSTIFICATION FOR REMISSION REQUEST
Case Number: LY -2017-0184 County: McDowell
Assessed Party: Linville Falls Club Property Association Inc
Permit No.: NCO080098 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.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 (Le., 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 (Le, 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:
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RECEIVEDINCDEOIDWR
AUG -12017
Water Quection
Permitting

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JAMES & JAMES ENVIRONMENTAL
PO BOX 519, MOUNTAIN HOME, NC 28758
[phone] OFFICE
697-0065
July 24, 2017
Surface Water Protection Section
Asheville Regional Office
2090 U.S Highway 70
Swannanoa, NC 28778
RE. Linville Falls Mountain Club and Preserve WWTP
NPDES Permit No NC0080098
Case No LV -2017-0184
Dear Mr. Davidson,
This letter is in response to the above Enforcement Actions for Linville Falls Mountain Club dated June 26,
2017 and received by James & James on or about July 5, 2017. The violation was for the month of
December, 2016.
The Notice of Violation for December, 2016 was for the BOD 5 -Day exceeding the daily maximum and the
monthly average. The water quality was pristine 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
We thank you in advance for the time and effort this review entails. We would greatly appreciate
consideration of this fine.
Thank you,
Juanita James

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 ) ADAIMSTRATIVE 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 (3 0) days from the receipt of the
notice of assessment.
This the �� — day of , 20 1-1
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SIGNATURE
ADDRESS
TELEPHONE